Jakarta – Central Jakarta District Court representative judge Heru Susanto cancelled a hearing on Tuesday in a case implicating two Australian newspapers – The Age and the Sydney Morning Herald – and the US Embassy because of information about President Susilo Bambang Yudhoyono that was leaked via WikiLeaks.

The hearing was postponed for a week due to the absence of the presiding judge and official representatives from the two newspapers and the embassy.

Ahmad Arifin, an unofficial representative from The Age who attended the hearing, said he came to the hearing as a show of respect. He had not received any summons from the court. "We came after we received information [on the hearing] from other sources," he said.

The case surrounds the publication of an article by The Age, which cites US embassy cables leaked by WikiLeaks that said Yudhoyono personally intervened to influence prosecutors and judges to protect corrupt political figures and pressure his adversaries.

The reports also angered the State-Owned Enterprise's labor union, which filed the lawsuit.

Aggrieved wife reports spouse to police after it's revealed he's a she

Jakarta Globe - June 22, 2011

Nurdin Hasan, Banda Aceh – A woman in Aceh filed criminal charges against her "husband" of less than three months after finding out that he was in fact a woman, police said on Tuesday.

Adj. Sr. Comr. Armia Fahmi, chief of police in Aceh Tamiang district, said that Dian Maharani, 21, had reported the suspect, Sri, aka Eriq Perkasa Syah Putra Bin Arifin, for fraud.

"I've spoken with Sri, and to look at her you wouldn't believe that she was a woman," he said. "Her voice, her face and her posture are all very masculine. She even has short hair."

Armia said Dian and Sri were married on March 25, with not even the cleric presiding over the ceremony suspecting that the groom might be a woman. The truth was only uncovered when Sri took Dian to her parents' home on June 14.

"Sri went into one of the bedrooms, leaving Dian out in the living room with the parents," Armia said. "Because Sri was gone a long time, Dian asked the parents what was keeping their son so long. That's when the parents dropped the bombshell that they didn't have any sons, only daughters."

He said the parents told Dian that Eriq was in fact their daughter, Sri. "At that point Sri came out of the room and tried to flee the scene," Armia said. "But Dian, who was incensed at having been cheated, chased after her and slapped her to the ground."

Dian then reported Sri to the police, who have since named her a suspect for identity fraud. The charge carries a maximum prison sentence of five years. "When we interrogated Sri about why she did what she did, she claimed that she was attracted to Dian," Armia said.

He added that police believed her true identity had not been uncovered earlier because the newly married couple had likely never had sex. "How were they going to do it? They're both women. They may have hugged and kissed, but that was it," he said.

Police are also questioning Hermansyah, the head of Bukit Rata village where the marriage was registered, and the head of the religious affairs office (KAU), which performed the ceremony and issued the certificate.

"We're looking into how they issued the marriage permit and certificate and performed the ceremony without properly vetting Sri's true identity," Armia said.

Separately, Hermansyah said the marriage permit had been issued at the start of his tenure as village chief, so he could not recall whether the required background checks had been properly carried out or which official had signed off on the permit.

Syamsul, a community leader who refereed Sri's application for the permit, said that she had supplied all the required paperwork, including an ID card and family card, both of which identified her as Eriq, a man.

Syamsul said he had no idea at the time that Sri was actually a woman posing as a man.

The case mirrors that of Rahmat Sulistyo, a man who posed as a woman in order to marry a visually impaired man in Bekasi. Rahmat is currently standing trial for fraud.

233 Indonesians face death sentence in Malaysia

Jakarta Globe - June 21, 2011

Ismira Lutfia – The highest concentration of Indonesians facing the death penalty or who are on death row abroad are in Malaysia, the foreign ministry said.

"The majority of Indonesians punishable by death abroad are in Malaysia, at 76.9 percent or 233 cases," Foreign Minister Marty Natalegawa said.

Speaking in a hearing session with House of Representatives Commission I, Marty said 177 Indonesians are now being tried on death sentence charges in Malaysia, 32 others have had their death sentences reduced to imprisonment sentences, while 24 have been freed.

Marty added that during the 12 years from 1999 to 2011, a total of 303 Indonesians mired in criminal offenses abroad faced the death penalty. The number has now reduced to 300 since three of them have been executed.

Two were executed in Saudi Arabia, including Ruyati, an Indonesian maid who was beheaded by sword in Saudi Arabia on Saturday after she was convicted of stabbing her female employer with a kitchen knife on Saturday. The third was executed in Egypt for a murder conviction.

The ministry's data also shows that the second highest concentration of Indonesians involved in legal offenses abroad is in China, where all 29 cases are drug-related. Marty said 20 them are still facing trials while nine have had their sentences reduced or were freed.

House takes moment to commemorate Sukarno's death, Ruyati

Jakarta Globe - June 21, 2011

Markus Junianto Sihaloho – Today is the 41st anniversary of the death of Indonesia's first president and founding father, Sukarno, but the House of Representatives almost overlooked the historic day.

Before starting plenary session, the House deputy speaker Priyo Budi Santoso asked the lawmakers to sing the national anthem, Indonesia Raya.

After the anthem, Priyo announced the number of lawmakers attending the session and the session's agenda. Heads were turned when a lawmaker from the Indonesian Democratic Party of Struggle (PDI-P), Hendrawan Supratikno, shouted a few times for attention.

"Today is June 21, which is the day of Bung Karno's death. Our founding father and significant figure in Indonesian history who had to spend [part of] his life in prison. Let us build a tradition to appreciate our nation's leader. It will be great if we can all stand up for a moment to remember the service and contribution of our founder who had dedicated his life to our country," said Hendrawan.

In his response, Priyo Budi Santoso stated that every individual in Indonesia, including lawmakers of the House, would agree that Sukarno was a great figure of Indonesia. However, he did not ask the lawmakers to take a moment of silence to commemorate Sukarno's death.

After another interruption from Hendrawan asking for a moment of silence, Priyo finally caved in and asked the members of the House to bow their heads for Sukarno. "Let's take a moment of silence to pray for our founding fathers and our nation's leaders, including for Ruyati who passed away in Saudi Arabia," said Priyo.

West Papua

Election candidates cry foul in Papua

Jakarta Post - June 21, 2011

Jayapura – Three candidate pairs running in the West Papua election walked out during the draw for their candidate ticket numbers in Manokwari on Monday to protest alleged duplicity by the election commission.

They said members of a campaign team for one candidate were also on the election commission and election supervisory committee.

The three pairs of governor and vice governor candidate tickets were Dominggus Mandacan-Origenes Nauw, George Celcius Auparay-Hasan Ombaer and Wahidin Puarada-Herman Donatus Felix Orisoe. Abraham O Atururi-Rahimin Katjong were the only pair who stayed for the draw.

Dance Bleskadit of the Dominggus-Origenes campaign camp said the three pairs had demanded that the National Election Commission (KPU) set up an honorary council to examine members of both the West Papua Election Commission (KPUD) and Election Supervisory Committee (Panwas) who were alleged to also be on one of the ticket's campaign team.

The rescheduling of the election, which will now be held earlier than planned, was an indication of manipulation, he said.

The protesting pairs also demanded that the home minister appoint a caretaker governor to ensure a democratic election because the incumbent mayor was running for reelection.

Despite the boycott, the election commission continued with the draw. "Regulation says that the draw can proceed without the presence of the candidates," commission chairman Thimotius Sraun said.

'If you mess with us you're dead'

New Matilda - June 20, 2011

Jason MacLeod – "You can mess with the police," said the Indonesian soldiers, "but if you try it with us, you're dead."

According to witnesses that was what was said to Yones Douw, a 42-year-old Papuan human rights defender as he was beaten with lumps of wood by soldiers from Kodim 1705, Nabire's District Military Command in the Indonesian province of Papua.

Immediately after the beating Douw went to the local Siriwini hospital but was refused treatment. Local staff demanded a letter from the police before they would treat his wounds. Douw now fears for his safety and has gone into hiding.

The incident occurred on the 15 June. Douw, a church worker with the Kingmi Church's Bureau of Justice and Peace in Nabire, heard that a protest was going to take place at the 1705 District Military Command (Kodim) base in Nabire, Papua province, and he went to the base to monitor it.

Thirty minutes after he arrived, a group of protesters turned up in three trucks, broke into the front entrance of the base and started to shatter the windows and throw objects. Douw immediately rushed into the base to calm the protesters.

In response, the military fired shots into the air and started hitting the protesters. Douw was struck on the head with pieces of wood many times. He also sustained injuries on his shoulder and wrists from the beatings. The protesters fled the scene, pursued by members of Kodim 1705 and armed troops from neighbouring Battalion 753. This is what gave Douw time to escape.

Yones Douw was not the accidental victim of some random act of violence. And the protesters he was defending were not some random mob of outraged Papuans or an attack by the Papuan Liberation Army, Papua's lingering guerrilla force.

The attack on the Nabire District Military Command was an expression of a grief stricken family angered at the senseless killing of one of their own. The family wanted to hold the military accountable for the killing of Derek Adii, a man who was beaten to death by soldiers a few weeks earlier.

In mid-May Douw, a chronicler of human rights violations in the troubled Paniai region for some years now, published a report that was picked up by Jubi, West Papua's only independent news service. Douw's report detailed the killing of Derek Adii on 14 May 2011. Adii, a 26-year-old Nabire man had just completed his application to join Papua's burgeoning civil service.

According to Douw's report, Adii was boarding the crowded passenger vessel KM Labobar at Nabire's dock when he was beaten by six members of the military. One of the soldiers allegedly pulled out a bayonet and stabbed Adii in the head. The six men then threw his body overboard. Adii died at the scene.

Douw believes he was beaten by the military for retribution – not only for reporting Adii's killing but also for continuing to shine a spotlight on human rights abuses in West Papua, an area the Indonesian police and military are trying to close off from international scrutiny by locking out journalists and even diplomats.

The circumstances surrounding Adii's very public murder and Douw's public beating in the front yard of a military base located on a main road in the middle of a town is typical of the patterns of human rights abuses in West Papua.

Australian National University scholar and former Director of the Catholic Office of Justice and Peace in West Papua, Br Budi Hernawan OFM who is studying torture in West Papua, says that torture and human rights abuses in Papua are a kind of "public spectacle".

In the 400 odd cases of torture that Hernawan has studied it is mostly poor and innocent Papuan civilians are rounded up and publicly abused. The perpetrators are nearly always the Indonesian military and police. It is classic state terror, the purpose of which is to violently pacify the population, to enforce the security apparatus' control over human bodies and the body politic – and to intimidate and silence Papuan dissent.

It is a script that Yones Douw has refused to buy into. In the meantime other Papuans have stepped into Douw's shoes. They are now chronicling the military's attack on him and sending reports out to a domestic and international network in the same way that Douw has been ceaselessly reporting on the human rights abuses of others.

Government 'not serious' in applying Papuan Special Autonomy

Jakarta Post - June 20, 2011

Nethy Dharma Somba, Jayapura – Since the enactment of Law No. 21/2001 on Papuan Special Autonomy 10 years ago, the law has been obstructed by state officials.

Many people believe that the central government was never serious about building relationships and developing Indonesia's easternmost province of Papua.

These stern remarks were made by Association of Indonesian Papuan Central Mountainous Students (AMPTPI) secretary general Markus Haluk in Jayapura Saturday.

Markus said that Jakarta's ambiguous attitude was reflected by the absence of action or response from the Ministry of Home Affairs on the establishment of the Papuan People's Assembly (MRP). The ministry's silence has been interpreted as an approval of the West Papuan MRP, which has been strongly opposed by Papuan people for fears over potential horizontal conflict among Papuans, he said.

"If Jakarta approves the establishment of a West Papuan MRP, it is Jakarta itself which thwarts special autonomy by approving a policy that is not [conducive with] aspirations," Markus said, reminding that there had been a consensus earlier that all Papuans wanted only one MRP for the entirety of native Papuan land.

Separate MRPs are feared to lead to disparity in policy and decision making with regard to the protection of the basic rights of indigenous Papuans.

Special autonomy was granted to Papua as a solution for rising demands from Papuans who wished to separate from the Unitary State of the Republic of Indonesia, Markus said.

"In its implementation, however, there seems to be an absence of sincerity from Jakarta in carrying out the special autonomy, whereby unpopular policies that hurt Papuans have been created," he said.

According to Markus, the unfavorable act started with the issuance of Presidential Instruction No. 1/2003 on the establishment of the provinces of West Papua and Central Papua, even though based on Law No. 21/2001 the division of provinces in Papua should have been approved by the MRP.

Before the wound was healed, the government issued Law No. 35/2008, which revised several articles in Law No. 21/2001, where the changes were never known by Papuans, he said.

"The latest wound was the establishment of an MRP in West Papua. So if special autonomy fails, it is caused mainly by the nation's leaders themselves," Markus said.

Markus urged the President and the Minister of Home Affairs to be consistent in implementing special autonomy in Papua and be thoughtful enough to apply favorable policies to encourage Papuans to feel a part of this country.

It was reported from Manokwari that the West Papuan MRP's chairmanship board has given its approval for the authenticity of the four pairs of gubernatorial candidates hoping to compete in the next regional elections for the 2011-2016 office term.

The four are Abraham O Atururi – Rahimin Katjong, Dominggus Mandacan – Origenes Nauw, George Celcius Auparay – Hasan Ombaer and Wahidin Puarada – Herman Donatus Felix Orisoe.

Magai: 'Papuan officials are destroying Papua'

Tabloid JUBI - June 19, 2011

The chairman of Commission A of DPRP. Ruben Magai has warned that the destruction of Papuan resources is being intensified by the activities of a number of senior officials in the Land of Papua.

Some of these officials are "playing games", shielded by a variety of problems which continue to play havoc with the lives of the Papuan people. There is no question of these people taking sides with the weakest people in society. All they are interested in is furthering their own interests.

"It is a public secret," he said, "that Jakarta is continuing to manipulate things, causing the continued destruction of Papua. There is no space for democracy, the policies being pursued have nothing whatsoever to do with promoting the welfare of the Papuan people here."

Ruben said that Papuan bureaucrats should be fighting to promote the interests of the people, but this is simply not happening. "Papuan officials are also contributing to the destruction of Papua," he said.

The general view here in Papua is that OTSUS, the special autonomy law, has failed The government should be opening itself up, making an evaluation of the situation and providing space for these discussions.

"But nothing of the kind is happening which means that the issue will continue to be raised in demonstrations, in seminars, in media reports and other forums."

The Papuan people have for many years been raising their voices about the failed implementation of OTSUS, calling for OTSUS to be returned to Jakarta – At the very least, there should be some response. Last Thursday, dozens of people in the Coalition of People United for Justice (KRPBK) expressed these views.

The Papuan people's aspirations are regarded by the government as matters of no importance. The DPRP went to Jakarta to raise these issues but to no avail.

"As representatives of the people, we feel extremely unhappy with this situation. All the efforts we have been making have led nowhere. On one occasion, we submitted a concept to Commission A of the Indonesian parliament, the DPR, which was accepted at the time, but there was no follow-up at all. This was a great disappointment," he said.

The Land of Papua continues to be turned upside down, with unpopular measures, with acts of violence, with human rights violations which are never resolved, with the abuse of freedom of expression, with the introduction of laws which are unacceptable, as a result of which the rights of civil society are never upheld. "This is the reality of the situation in Papua today," said Magai.

Students call on police chief to explain shooting in Moanemani

Tabloid JUBI - June 19, 2011

AMPTPI, the Association of Students from the Central Highlands, has urged the DPRP to summon the police chief in Papua to ask him about how the investigation into shooting in Moanemani, the district of Dogiyai is proceeding.

"The chief of police should inform the public about whether any progress has been made in this case", said Andreas Gobay, chairman of the association in Eastern Indonesia.

The association has the impression that the case which involved shootings and the destruction of resources belonging to the people has stagnated. It even seems to be the case that nothing is being done to secure justice in this case.

"What we want to know is how the case is being processed and the possibility of compensation for the victims... We may be wrong but what we have seen so far is that those who were responsible for the shooting are enjoying the protection of the forces of law and order," said Andy.

He pointed out that the Moanemani tragedy occurred three months ago but nothing is as yet known about any legal processes. This is in spite of the fact that it is generally understood that the police force in Moanemani were involved. "This means that the DPRP should summoned the chief of police in Papua about the case."

There were at least four casualties in the case. Apart from Dominikus Auwa, 24, and Aloysius Waine 24, who died, three other sustained serious injuries, Otniel Yobee, 26, Agus Pigai, 24 and Wilibrodus Iyai. At the same time, the local community also suffered losses, the destruction of six homes with all the furniture, the loss of three pigs, two motorbikes and 6 genzet (?) units.

Andreas also said that this case of human rights violations of civilians in Dogiyai was the work of the security forces. The association along with members of the families of the victims have also held discussions about the case with the leaders of the DPRP.

For the sake of unity Papuans want only one Assembly

Jakarta Post - June 18, 2011

Nethy Dharma Somba, Jayapura – Papuan people want only one People's Assembly (MRP) for the entirety of native Papuan land because they fear that separate MRPs will lead to disparity in policy and decision making with regard to the protection of the basic rights of indigenous Papuans, a local community figure said.

Speaking in response to the installation of West Papua MRP chairman, MRP member Yoram Wambrauw, who represents the MRP's customary faction, said Friday that the Assembly had the task of making sure that the indigenous Papuans remained in existence and would not become extinct in the region.

West Papua Governor Abraham O. Atururi swore in new board members of the province's MRP on Wednesday amid criticism that it violated a consensus that there should be only one MRP in Papua.

The swearing-in ceremony, which was held a week after the election of board members in Manokwari, was attended by 11 of the 33 MRP members elected from West Papua province. The 33 West Papua MRP members were inaugurated by Home Minister Gamawan Fauzi in April together with 40 members elected from the province of Papua.

"That has been our philosophy regarding why Papuans want only one MRP, even though new provinces will be established in the region in the future," said Yoram, who is still also acting speaker of the MRP as elected Assembly board members have yet to be been sworn in.

He said that if each of the provinces in Papua had its own MRP and each MRP had different policies regarding the protection of indigenous Papuans' rights, it would lead to neglect of development focused on Papuans.

"If this is the case (the establishment of another MRP) violates the spirit of Papuan special autonomy, as it does not generate social benefits, which means that the autonomy cannot solve issues and will instead create new social problems," Yoram said.

Yoram went on to say that the issue is also related to the "One for Two and Two but One" philosophy mentioned by Papua Governor Barnabas Suebu on Feb. 20, 2007 during a meeting with the West Papua governor on Mansinam Island, Manokwari, West Papua.

"This means that culturally, naturally and customarily the greater Papuan tribe is one, but administratively is two: Papua and West Papua provinces," he said quoting Barnabas's statement regarding the motto.

Papua councilor Julius Miagoni expressed concern that the establishment a West Papua MRP could lead to horizontal conflict between Papuans, especially because of the reported consensus that there should be only one MRP in Papua.

"The Home Affairs Minister has to stop the MRP activities in West Papua because he acknowledges that the consensus is there," Julius told reporters in Jayapura, on Friday.

Institute for Civil Strengthening (ICS) Papua director Budi Setyanto saw interests in Jakarta intending to split the unity of Papuans by establishing a MRP in West Papua.

Human rights defenders in Papua very worried

Bintang Papua - June 17, 2011

Acts of violence and terror that have been perpetrated against human rights defenders as well as against journalists have led to a sense of deep concern among human rights NGOs and religious organisations which are members of the Coalition of Human Rights Defenders in the Land of Papua The following NGOs held a press conference in Jayapura on Friday 17 June, to convey their problems:

Komnas HAM-Papua, the Synod of the Kingmi Church in Papua, the Synod of the Baptist Church in Papua, Foker NGO (NGO Working Group) Papua, Kontras Papua, LBH – Legal Aid Institute in Papua, and BUK, United for Truth.

Foremost among the agencies criticised was the TNI, the Indonesian army whose members were involved in a number of acts of violence. They drew attention in particulate to five incidents that had occurred during the past five months in which members of the TNI were involved:

"Up to June this year, there have been at least five incidents which reflect the arrogance and random actions perpetrated by members of the TNI," said Olga Hamadi, the co-ordinator of Kontras Papua. Others present at the press conference included the Rev. Benny Giay, chairman of the Synod of the Kingmi Church in the Land of Papua, Mathius Murib, representative of Komnas HAM-Papua, Eliezer M, LBH-Papua, Julian Howay of the ALDP, and a number of human rights activists.

They said that the much-vaunted reforms within the TNI were rarely reflected in the activities of members of the TNI on the ground. 'Is this what the commander of the TNI was praising so profusely during his recent visit to Papua,' wondered Rev Giay.

Mathius Murib said that the incident that occurred in Puncak Jaya a few months ago had drawn a great deal of public attention, nationally as well as internationally. [This refers to the acts of torture against Papuans that were circulated by video.]

"All their talk about Love and Peace is far from been applied by members of the security forces on the ground. Isn't it time for them to change their tune?"

They said that the continued occurrence of acts of violence and intimidation by members of the TNI is a clear indication that no actions have been taken against members of the TNI who have violated the law.

"We are concerned about the impact this is having on the reputation of the Indonesian state and wonder what is being done to protect the rights of human rights defenders," said Olga Hamadi.

She said that in cases where members of the TNI had been involved in acts of violence, all that had happened was that they had been moved sideways. "Or, in those instances where they had been taken to court, they had appeared before a military tribunal and the verdicts were often unclear or had had little if any effect.," said Peneas Lokbere, co-ordinator of BUK.

The Coalition of Human Rights Defenders in the Land of Papua therefore issued the following statement:

1. Protection is needed for human rights defenders in Papua in carrying out their humanitarian activities throughout the Land of Papua. Such protection can be provided by the introduction of a special law, while at the same time setting up an independent commission at state level for the purpose of monitoring and advocacy as well as taking sanctions against those individuals who commit violence against human rights defenders.

2. As a short-term measure, we regard it as important to set up a special bureau within Komnas HAM to focus on the protection of human rights defenders.

3. In view the many acts of intimidation and violence perpetrated by members of the armed forces, we urge the military commander of Cenderawasih XVII military command to take firm measures in the law courts and administration against all violations perpetrated by members of the TNI on the ground.

4. To provide moral guidance to all officers of the armed forces as well as disseminate an understanding of human rights so as to ensure that acts of violence perpetrated by members of the armed forces are not committed against civil society or against human rights defenders in the Land of Papua.

[Translated by TAPOL.]

West Papua MRP board members sworn in

Jakarta Post - June 16, 2011

Nethy Dharma Somba – West Papua Governor Abraham O Atururi swore in the new board members of the province's Papuan People's Assembly (MRP) on Wednesday, amid criticism that it violated a consensus that there should be only one assembly in Papua.

The swearing-in ceremony, which was held a week after the election of board members in Manokwari, was attended by 11 of the 33 MRP members elected from West Papua province.

The 33 West Papua MRP members were inaugurated by Home Minister Gamawan Fauzi in April together with 40 members elected from Papua province. The West Papua MRP leaders inaugurated on Wednesday were speaker Vitalis Yumteh and deputy speakers Anike TH Sabami and Zainal Abidin Bay.

The ceremony, which was based on Government Regulation No. 54/2004 on the MRP, which was an elaboration of Law No. 21/2001 and Law No. 35/2008 on Papua's special autonomy, was strongly criticized.

"It's full of political interest from the incumbent [governor]. The fact that no community figures or traditional leaders were invited to the inauguration raises a question as to why it was hidden," South Sorong community figure Dance Bleskadit told The Jakarta Post from Manokwari.

Dance said the same criticism was also expressed by the three other West Papua governor candidates, who questioned the issuance of a decree by the Home Ministry on the installation of West Papua MRP board members. "This could become a time bomb," Dance said.

The election in Jayapura on May 27, 2011, resulted in 75 board members, 42 of which were elected from Papua province and 33 from West Papua.

The elected leaders were speaker Dorkas Ola Dwaramuri and deputy speakers Herman Saud and Timotius Murib. So far, no decree on the inauguration of the board has been issued by the Home Affairs Minister.

Human rights & democracy

Activists fear AGO won't make good on review promise in Munir case

Jakarta Globe - June 20, 2011

Ulma Haryanto – A leading human rights watchdog is worried the Attorney General's Office could be deliberately stalling the case review of a Supreme Court ruling in the murder case of a prominent activist.

The Indonesian Human Rights Monitor (Imparsial) said on Sunday that the AGO had vowed to challenge the top court's June 2009 ruling that rejected an appeal by prosecutors against the acquittal of former spy chief Muchdi Purwoprandjono.

"We had a meeting recently with the Deputy Attorney for General Crimes [Hamzah Tadja], and he told us he had not received a copy of the Supreme Court ruling," said Poengky Indarti, executive director of Imparsial.

Muchdi, a former State Intelligence Agency (BIN) deputy chief, was cleared in 2008 of charges that he ordered the murder of human rights activist Munir Said Thalib in 2004. His alleged motive was revenge for criticism by Munir of his past leadership at the army's elite Special Forces unit (Kopassus).

"It is very strange that now they say they haven't even received the ruling. They told us that once they received it, they would study it, but even so they could not promise anything," Poengky said.

She added that lawyers representing Munir's relatives received a copy of the rejection of the appeal against Muchdi's acquittal in late 2009.

Pollycarpus Budi Priyanto, a former Garuda pilot, was sentenced to 20 years for the murder. However, the motives or the masterminds behind it remain unproven in court. Choirul Anam, a member of the Committee of Action and Solidarity for Munir (Kasum), said he suspected there were problems with the assignment of the Munir case at the AGO.

"As far as I know, Munir's case was a general crimes case. In February, though, we met with the Deputy Attorney General for Special Crimes [Andhi Nirwanto]," Choirul said.

He added that he was worried the AGO was being deceitful. "In previous meetings, they always said that they would support us, that they are going to finish the case as soon as possible and that they supported our cause. Now we have reason to start doubting their words."

In April, Deputy Attorney General Darmono said his office had no immediate plans to file a case review against Muchdi.

Killer pilot takes aim at poison claims during Munir murder case review

Jakarta Globe - June 16, 2011

Ulma Haryanto – A court on Wednesday began reviewing the case of a former Garuda Indonesia pilot jailed for killing an activist, with the convict submitting papers he said proved the victim was poisoned long after the airman left the plane.

The former pilot, Pollycarpus Priyanto, said forensic evidence showed that rights advocate Munir Said Thalib was given arsenic while the plane was passing over Vietnam, during a connecting flight on which Pollycarpus claimed he did not work.

"I was not on that leg of the flight," he said before Wednesday's hearing at the Central Jakarta District Court.

His lawyers handed in five documents, including Jakarta-Singapore-Amsterdam flight logs and witness testimony transcripts stating Pollycarpus went straight to the crew bus after landing in the city-state.

He cited earlier calculations by a Seattle forensic lab that showed Munir was poisoned nine hours before he died while flying over Hungary, roughly two hours before reaching Schipol Airport.

Munir had won a scholarship to study at Utrecht University. The connecting flight from Singapore to the Netherlands took 12 hours and 25 minutes.

"If we use that calculation, Munir was poisoned 25 to 40 minutes after the plane took off from Singapore. By the time, it must have been over Vietnam," Pollycarpus said.

Defense lawyer Muhammad Assegaf also pointed to a discrepancy in the 2008 Supreme Court verdict, which put the place of death as Changi International Airport instead of on the airplane, as stated in the indictment.

"The location of the crime was where two flight attendants offered him a welcome drink," Assegaf said. "In the Supreme Court ruling, [the location] changes. This should not be allowed."

The lawyer also argued that Pollycarpus deserved to be released after the Supreme Court in 2008 acquitted former State Intelligence Agency (BIN) officer Muchdi Purwopranjono, the murder's alleged mastermind.

Prosecutors said the BIN official wanted revenge after Munir's human rights complaints cost Muchdi his Army post in 1998.

On Wednesday, presiding Judge Bagus Irawan rejected one of the documents, saying it needed to be notarized. The review was adjourned until June 28.

Choirul Anam, a member of the Committee of Action and Solidarity for Munir (Kasum), accused Pollycarpus, who was serving a 20-year sentence, of recycling old arguments shot down during his trial in 2005-08.

"What counts is the first reaction, not the time of death. Witnesses said Munir felt uneasy five minutes after boarding," he said. "Even though Pollycarpus claimed he checked in together with the other crew, hotel logs showed that he came in the last."

Freedom of expression & press

Journalists face long road to protection

Jakarta Post - June 22, 2011

Jakarta – The Press Council and AJI say violence against journalists does not get enough attention from the press and the government, with cases – some led to death – closed without trial.

The statement came during the commemoration of the 17th anniversary of the muzzling of Tempo magazine, Editor and Detik by the New Order the regime, on Tuesday, organized by the Alliance of Independent Journalists (AJI) and the Press Council.

With the existing press law and climate of democracy, the government can no longer shut down critical media. But the safety of journalists is another story, with the AJI reporting 651 abuses of journalists over the last 10 years.

"The abuse of journalists is increasing repeatedly with almost zero resolved cases," AJI advocacy coordinator Margiyono said. "Among 651 cases, only five were taken to the police with one case resolved. As of today, we only have one success story: The murder of Radar Bali Journalist Gede Agung. The suspects were sentenced to prison," he said in a discussion in Jakarta.

He said his alliance received reports from journalists about threats ranging from intimidation in the workplace, assault, even murder. Last year the AJI recorded 44 cases while the first semester of this year saw 23.

A few months ago, four journalists were beaten by several police officers in Surabaya, East Java, the AJI recorded. Reporter Lukman Rozaq of Trans7, Septa Rudianto of El-Shinta radio, Eko Oscar Nugroho of New Tang Dynasty Television and Joko Hermanto of TVRI were covering a march of Falun Gong, a Chinese philosophy movement, when the police officers attacked them.

Last year also saw several unresolved murders of journalists, the AJI said. Journalist Ardiansyah Matra'is of Merauke TV, who wrote a series of alleged illegal logging activities by some military officers in Papua, was found dead floating in a river on July 30. He received several threats before being killed, the media reported.

Ridwan Salamun, a Sun TV correspondent, was stabbed in the back while covering a clash between villagers in Banda Eli and Fiditan in Tual, Maluku, on Aug. 21. Three suspects were taken to trial but set free due to lack of evidence.

Pelangi weekly magazine chief editor, Alfrets Mirulewan, was found dead floating in the coast of Maluku, on Dec. 16. The investigation is still pending. He was investigating fuel hoarding on Kisar Island, which spiked the price of fuel on the island.

The combination of lax public attention and lack of political concern is a prominent issue in the growing number of abused journalists.

"The fact that most cases are unresolved leads me to question, what happens here? It seems like the media community itself does not care much about the issue," secretary of the Judicial Mafia Taskforce Denny Indrayana said.

He said the media talked a lot about malpractice in justice and politics rather than concern for their own code of ethics and journalists' failure to uphold them. "If the media paid attention more to the abuse of journalists, the condition may be different," he said.

Margiyono said there was not enough binding among media organizations on countering the violence. "In reality, the media doesn't care that much about journalists who don't work for them," he said.

The National Police spokesman Insp. Gen. Anton Bachrul Alam said some of his officers in the regions did not take the issue seriously. "I have received several reports that police officers don't do their job," he said. He suggests the AJI and Press Council sign an agreement with the police on the issue. (lfr)

Politics & political parties

Palace anger over Mahfud's statement

Jakarta Globe - June 22, 2011

Camelia Pasandaran, Jakarta – President Susilo Bambang Yudhoyono's legal staff were outraged when outspoken Constitutional Court Chief Justice Mahfud M.D. made the president the focus of his latest critique, blaming the growing number of unsolved legal cases on Yudhoyono's lack of leadership.

"The moral bankruptcy of the legal system is due to the static legal enforcement," Mahfud said on Friday. "The key is leadership. We often face the belief that the president shouldn't be involved in law enforcement. But in my opinion, the president should be involved in law enforcement but not the court process. Law enforcement is, indeed, the president's duty."

The presidential legal staff countered that Mahfud's criticism was misguided. "On concrete legal cases, the president should set a certain distance between himself and the legal system to respect the court process, as guaranteed by the Constitution," Denny Indraya said.

He argued that recent attempts to combat corruption in the legal system were proof of Yudhoyono's initiative, including the establishment of a judicial task force on the mafia, creation of a team to verify abuse of power, extortion charges against KPK deputy chairmen Chandra M Hamzah and Bibit samad Rianto and review of police and prosecutor oversight commissions.

Denny answered Mahfud's critique of Yudhoyono's leadership with some harsh words of his own. He held Mahfud responsible for leaving whistleblower Refly Harun unprotected during the bribery trial, adding that Mahfud's priority should be his duties in the courts, not commentary.

"It's better [for him] to focus on carrying out his constitutional court duties and authority," Denny said. "If he wants to set an example for anticorruption legal enforcement, he could start by applying the anticorruption system and protecting whistleblowers."

Refly's case, Denny said, "shows that the anticorruption system and protection for whistleblowers at the Constitutional Court need to be improved, and need the leadership of Mahfud MD as the chief."

In response to Denny's statement, Mahfud praised his advice to be more judicious with his commentary but was unconcerned by outside opinion of his actions at the court.

"Justice is not disturbed by and doesn't care about such things," Mahfud said. "Concerning people's opinion, it's common that some will agree and some disagree. It is part of democracy."

Still, he felt obligated to defend the court against accusations like those concerning Refly's case. "I think that this court should not be destroyed by opinion, or by people who only predict," Mahfoud said. "I have to fight it because I'm not only judge, but the authority who should protect the dignity of this office."

PDI-P vows to fix image after bribery scandal

Jakarta Post - June 18, 2011

Jakarta – The Indonesian Democratic Party of Struggle (PDI-P) says it wants to regain the public's trust by creating smart, clean and honest members through a system of rewards and punishments.

Head of the PDI-P's ethics council Sidarto Danusubroto said on Friday that political parties in Indonesia had gloomy futures because of waning trust from voters.

"The lack of trust from the public is not only our problem, I believe. It is every party's problem. We are trying to rebuild a clean image by showing our commitment in combating any breach of the party's statutes," he said on the sidelines of the party's coordinating meeting in Jakarta.

The Indonesian Survey Institute (LSI) released a report in May that showed that voter participation had declined 20 percent over the last three general elections. Endemic corruption, bribery and ethics abuse cases implicating legislators have driven people's trust away from political parties.

Following its congress in Bali in April last year, the party has established an ethics council that also functions as a monitoring body.

Sidarto said his party deserved a chance to show the party's improvements in combating corruption and bribery cases. "Give us [the ethics council] time to do this unpopular job," he said.

The party's efforts to improve its image have been hit by the recent exposure of several bribery cases implicating party members.

The bribery case in the election of Bank Indonesia senior deputy governor Miranda Goeltom in 2004 has implicated 30 lawmakers and former lawmakers, 12 from the PDI-P. They allegedly received traveler's checks ranging from Rp 350 million (US$40,950) to Rp 1.45 billion in value.

The whistle-blower in the case, politician Agus Condro, was subsequently dismissed from the PDI-P. He was sentenced to 15 months in prison on Thursday.

Sidarto said that since last April the ethics council had dismissed 14 members, suspended 15, demoted 23, and issued written warnings to 32.

Ranked as the nation's third-largest party after the Democratic Party and the Golkar Party, the PDI-P claims it has more than 30 million supporters throughout Indonesia.

Party secretary-general Tjahjo Kumolo said that his party had obligated all of its provincial and regency branches to have advocacy teams.

"We want our regional factions in the House of Representatives to have advocacy teams. If we don't have such teams, how can we asses, understand, and deliberate each bill properly? We don't want to make any wrong steps," he said. (lfr)

Elections

Sri Mulyani for president? It's a possibility, analyst says

Jakarta Globe - June 17, 2011

Arientha Primanita – While the prospects for a fledgling party seeking to nominate Sri Mulyani Indrawati as its presidential candidate in 2014 look bleak, the impact of the move could nonetheless be significant, an analyst said on Friday.

Yunarto Widjaja, from the consultancy Charta Politika, said the Independent People's Union (SRI) needed to meet stringent requirements for parties contesting the 2014 polls before it could even think about putting forward the former finance minister.

Electoral laws require each party to have 30 representatives and an office in each of the country's 33 provinces and satisfy the verification process two and a half years before the elections, which the SRI has previously called "nonsensical and difficult to meet."

Yunarto said that even if it did meet the requirements, it would then have to persuade Sri Mulyani, now a managing director at the World Bank, to run on its ticket.

"The group was probably initially formed to test the water for Sri Mulyani's political ambitions, and later to campaign on her behalf," Yunarto told the Jakarta Globe. "But if she's willing to run and is promoted, other parties could be interested in having her on their ticket in 2014."

Even if she ran with the SRI, Yunarto went on, the party would still face the daunting prospect of trying to win over the rural vote, which makes up 60 percent of voters and with whom the former finance minister was not nearly as popular as with urban voters.

However, he said the SRI still had another three years to develop its strategy. "And if the party goes on to contest the 2014 elections and Sri Mulyani's name is promoted, it's possible that she could become a real threat to other political figures," he added.

Yunarto said the waning public credibility of the current crop of politicians opened the door for newcomers, making the 2014 presidential election a wide open race. "That's why alternative figures like Sri Mulyani and Constitutional Court Chief Justice Mahfud M.D. are being promoted," he said. "They're the antithesis of traditional politicians."

Damianus Taufan, the SRI chairman, said his party's goal was to be allowed to contest the 2014 general elections and the subsequent presidential election with Sri Mulyani as its presidential candidate. However, he acknowledged that she had not commented on that possibility.

"Sri Mulyani is our inspiration because she has proven her integrity and anticorruption credentials," he told the Globe.

Among the SRI's supporters are veteran journalists Fikri Jufri and Goenawan Mohamad, and several former and active politicians.

Probe to see if 'election mafia' rewarded wrong candidates

Jakarta Globe - June 17, 2011

Anita Rachman – The House of Representatives will next week launch an investigation into alleged polling fraud cases that may have granted seats to the wrong candidates, a legislator said on Thursday.

Hakam Naja, deputy chairman of House Commission II overseeing domestic affairs, said the first person to be called to testify would be Constitutional Court Chief Justice Mahfud M.D., who last month revealed he had reported a former polling commissioner on suspicion of fraud.

"There have been allegations that there are actually many election fraud cases, so we're calling the team looking into these cases the working committee on the election mafia," said Hakam, a representative of the National Mandate Party (PAN).

"Pak Mahfud is willing to come and testify. It is important to get the Constitutional Court's side of the case because the court houses all the rulings on electoral disputes. The case involving Andi Nurpati will be used as the point fo entry."

Andi, a former member of the General Elections Commission (KPU), has been accused by Mahfud of using a falsified copy of a Constitutional Court ruling to grant a seat in the House to a candidate from the People's Conscience Party (Hanura) at the expense of a candidate from the Great Indonesia Movement Party (Gerindra). The matter has since been resolved, with the rightful candidate getting the disputed seat.

Hakam said that besides Mahfud, the House would also call in Andi, her former driver Hari Almafintono, and former justice Arsyad Sanusi, whom Hari previously claimed had sent a copy of the disputed ruling to Andi.

Hakam said her case could lead to the discovery of other seats at the House that had been fraudulently obtained. He added the probe would require comprehensive data from both the KPU and the Elections Supervisory Board (Bawaslu).

"We want to know how the letter [allegedly falsified by Andi] came into being," he said. "Also how many letters the KPU received via fax, and how many of them were used as their legal basis to rule on electoral disputes."

Hakam added the problem could become very complex and involved many parties, thus the committee would work over two House sitting periods.

Arif Wibowo, a Commission II legislator from the Indonesian Democratic Party of Struggle (PDI-P), said that only by assessing the raw data from each polling station in the disputed constituencies would it be possible to get a clear picture of whether a seat at the House had been wrongfully assigned.

"To find out how many seats are now being occupied illegally, we need to check the vote counts. This could be an issue not just at the national level, but also in regional elections."

However, Arif said checking the data might not be possible because the KPU was allowed to sell or destroy its data once electoral disputes were resolved.

Gede Pasek Suardika, from the ruling Democratic Party, said that although Andi was now a fellow Democrat, the party would not hinder the probe into her role in the alleged fraud. He added the working committee would look at several cases, seeking to "find out whether the perpetrators did it based on political interests or money."

Andi did not reply to the Jakarta Globe's request for comment.

Labour & migrant workers

Indonesia suspends sending migrant workers to Saudi Arabia

Jakarta Globe - June 22, 2011

The Indonesian government on Wednesday suspended sending migrant workers to Saudi Arabia effective as of August 1, until both countries had reached an agreement to better protect the workers.

The Ministry of Manpower and Transmigration, in a news release obtained by the Jakarta Globe, said the moratorium would remain in place until the countries had "signed an MoU on the protection of Indonesian migrant workers" and "a joint task-force is established."

The move comes a day after the House of Representatives (DPR) gave an ultimatum to the government to suspend sending workers to Saudi Arabia until better protections had been implemented.

The House recommendation was spurred by the beheading of Ruyati, a female worker who was sentenced to death after admitting that she brutally murdered her female employer. There were allegations that Ruyati was being held against her will.

Saudi Arabia has apologized for not informing Indonesian authorities about the imminent execution. Reports of abuse, even murder, of Indonesian maids in Saudi Arabia are common.

BNP2TKI must be held responsible for Ruyati's execution

Jakarta Globe - June 21, 2011

Markus Junianto Sihaloho – The National Board for the Placement and Protection of Indonesian Overseas Workers (BNP2TKI) should be held responsible for the beheading of Indonesian worker Ruyati in Saudi Arabia.

Secretary of the Democratic Party Faction Saan Mustopha stated that President SBY has firmly asked for the guarantee of placement and protection of Indonesian migrant workers.

BNP2TKI was formed to fulfill that purpose and to implement that commitment, said Saan. But the Ruyati incident is proof that the BNP2TKI did not work to its maximal potential, especially since the execution of Ruyati was done without the knowledge of her family and the Indonesian government.

"The National Board for the Placement and Protection of Indonesian Overseas Workers (BNP2TKI) should be evaluated due to this incident. We're completely willing to let the president decide if this calls for the evaluation of the leaders of the institution as a consequence," said Saan in Jakarta on Tuesday. Saan said he confirmed the Ruyati execution to her immediate family.

Based on Ruyati's family's explanations, the case happened last year. The family repeatedly asked the BNP2TKI and Ministry of Foreign Affairs to assist in preventing the execution of Ruyati.

Instead of giving valuable assistance, BNP2TKI only provided a generic statement saying that the case was being processed and worked on, said Saan. The process went on until Ruyati's execution was carried out.

"This is purely a blunder from the BNP2TKI. Ruyati's report [issued by the consulate general in Jeddah] was not considered seriously," said Saan.

He went on to say that the faction of the Democratic Party generally agreed that the BNP2TKI only took cases seriously when the cases have garnered public attention. "If not, they're never serious," he said.

Groups call on House to pass maid bill

Jakarta Post - June 18, 2011

Jakarta – The House of Representatives should accelerate the deliberation of the domestic workers bill and ratify the UN convention on migrant workers to improve legal protection for housemaids here and overseas, groups say.

A National Commission on Violence against Women member, Agustinus Supriyanto, said that the House had not made progress in deliberating the bill despite that it one this year's priorities.

"The House has many bills that are 'sexier'," Agustinus said at a press conference responding the International Labour Conference (ILC) on Friday.

The bill, in conjunction with the UN convention, Agustinus said, would ensure protection for Indonesian domestic workers in the country and overseas who are prone to abuses and deprived of basic rights.

President Susilo Bambang Yudhoyono attended the ILC on June 14 in Geneva, Switzerland. He addressed the necessity to protect domestic workers and said that Indonesia would support the International Labour Organization (ILO) Convention No. 189 on decent work for domestic workers.

Agustinus said that the international community had noted the President's commitment.

"Therefore, the international community, Indonesian citizens and domestic workers will also wait and monitor Indonesia's concrete actions to ratify the convention and integrate the substance of the convention into the domestic workers bill," Agustinus said.

He added that Indonesia might have ratified many ILO's conventions, but was yet to implement the agreement fully. "I call it NARO: No Action, Ratification Only," Agustinus said.

He added that Indonesia had yet to ratify the UN's International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, which was signed in 2004.

Estu Rahmi Fanani from the National Network for Domestic Workers Advocacy (JALA PRT), who attended the press conference, said that legislation to protect domestic workers, either working in the country or abroad, was urgent because many of them were abused.

"There is a legal protection vacuum for domestic workers, which has created opportunities for domestic workers' rights violations," she said.

Activists earlier said that the ratification of the UN convention would improve the country's bargaining position in bilateral negotiations to protect its unskilled workers.

Indonesia has recently signed a memorandum of understanding (MoU) with Malaysia to guarantee workers' rights, including the right to days off and access to communication, and is negotiating with Saudi Arabia to realize a similar pact.

The deputy chairman of the House's Commission IX overseeing health and welfare, Irgan Chairul Mahfiz, said the House was always concerned about legislation related to public welfare.

"The domestic workers bill is at the academic deliberation stage. Afterwards, the House's faction will lobby to enrich the bill. In the next House session, we will establish a working committee to endorse the bill," he said.

"The bill is included in the national legislation program. Therefore, we hope that the bill will pass into law this year," he added. He said the House also was working to ratify the international convention.

"We want no more abuse to happen to our migrant workers. There should be an improvement of the fate of our domestic workers," Irgan said. He said the House was working on a revision on a law on the placement and protection of migrant workers abroad. (rcf)

Environment & natural disasters

88 percent of logging illegal: ICW

Jakarta Post - June 22, 2011

Jakarta – Citing a Greenpeace study, the Indonesia Corruption Watch (ICW) said on Wednesday that up to 88 percent of the logging activities in Indonesia were illegal.

"From the aspect of state losses, according to the Supreme Audit Agency, the state suffers at least Rp 30.3 trillion [US$3.51 billion] in losses per year [due to illegal logging]. Not to mention the ecological impacts," ICW researcher Donal Fariz said.

He also cited numerous forestry-related corruption cases involving heads of regional administrations, and called for serious actions to tackle the illegal logging.

"We cannot play down illegal logging. It is not an ordinary crime. In terms of [the number of] perpetrators and the amount of state losses, it is very alarming," Donal said in Palangkaraya as quoted by Antara news agency.

Hot spots and haze reappear in Riau

Jakarta Post - June 18, 2011

Pekanbaru, Riau – Hot spots have reappeared in Riau province over the last few days with thick haze blanketing Rokan Hilir regency and Dumai mayoralty, disrupting local residents' daily activities.

Pekanbaru Meteorology, Climatology and Geophysics Agency has warned Riau residents to be alert against possible forest fires as the dry season has arrived and will continue until September.

Agency head Sanya Gautami said the number of hot spots reached 79 as of Friday, jumping from only three on Monday. "Don't use fire to clear the land because a lot of peatland is highly flammable, especially during the dry season," Sanya said.

Fishermen in Rokan Hilir have not been able to go out to sea due to limited visibility from the haze.

Rokan Hilir Fishery Office head M Rusli Sarif said Friday that several fishermen had set sail, but later returned for fear of an accident. "Many poles have been installed in the sea on which to tie fish traps. As the poles are not visible, it is dangerous to sail there," Rusli said.

Indonesia forest moratorium breached on first day

Reuters - June 17, 2011

Jakarta – A freshly inked two-year forest moratorium was breached on its first day as a plantation company burned carbon-rich peatlands on Borneo island, an investigation by an environmental group said.

Indonesia revealed a long list of exemptions to its much-delayed two-year forest moratorium on logging that came into effect on May 20, in a concession to hard-lobbying plantation firms in Southeast Asia's largest economy.

The London-based Environmental Investigation Agency and its Indonesian partner Telapak said they had documented peat forest in Central Kalimantan province's moratorium zone being burned by Malaysian plantation group Kuala Lumpur Kepong Berhad (KLK) on May 20.

KLK officials were not immediately available for comment and company executives did not respond to queries e-mailed by Reuters.

The Forestry Ministry said it had not seen the environmental group's report but forest and peatland burning was against the law and should be investigated.

The environmental group also criticized Norway, which promised $1 billion for Indonesia if it implemented the moratorium, for investing in KLK.

Health & education

Increasing HIV infections alarm monitors

Antara News - June 21, 2011

The number of new HIV infections continues to rise in a nation with few testing clinics and the continued prevalence of unprotected sex, the latest health data shows.

According to data released on Monday by the National AIDS Prevention Commission (KPAN), infection rates were on the rise in several provinces, including Bengkulu, Papua, Maluku, Aceh and Banten.

Indonesia has one of the fastest-growing HIV transmission rates in Asia, the study showed. And in many instances, the actual number of people living with HIV is believed to be far higher than official figures.

On the Sumatra Island province of Bengkulu, the Kipas Foundation conducted their own survey that found rates were growing 24.6 percent a year. By their approximation, the official figures released by KPAN underestimate the total number of people living with HIV in Bengkulu.

"To date, we've recorded 470 people here who are infected with HIV, although according to the KPAN the figure is only 298," said foundation spokesman Marly Yuanda.

The foundation obtained the data through outreach programs aimed at the at-risk community, including commercial sex workers, drug users and transgendered individuals, he said.

Marly stressed the importance of addressing this issue quickly, before it spreads even further. Voluntary counseling and testing clinics (VCT) have had some impact in containing the spread of the virus, he said.

But many parts of the province still lack a VCT, Marly said. "You could say that HIV/AIDS is endemic throughout Bengkulu because cases have been discovered in all districts and towns here," he said. "The problem needs to be seriously addressed without delay."

In the satellite city of Tangerang, the local AIDS prevention commission (KPA) reported some 612 people recently tested positive for HIV. Those infected were among 5,300 people from high-risk groups who underwent voluntary testing, said KPA spokeswoman Yully Soenar Dewanti.

This year, the number of HIV positive cases was higher than usual, said Yully. Between 1998 and 2010, the city recorded some 445 instances of HIV infections.

Yully expected the number of people living with HIV to continue to rise, as long as local youths continue practicing risky behavior, like unprotected sex. "The number will probably continue rising because there are thousands of people deemed at high risk of contracting the virus," Yully said.

In the staunchly Muslim province of Aceh, official figures list only a handful of cases in the capital city.

"We only found five cases of people testing positive for HIV so far this year," said Illiza Sa'aduddin Djamal, the Banda Aceh deputy mayor. "However, it's possible that the number of people living with HIV/AIDS in Aceh will continue to rise, because the Aceh people are very open to outsiders, and public awareness of the need for regular medical checkups remains very low."

According to the Banda Aceh KPA, 79 new infections were reported across the province last year. There are no figures totaling the number of people living with the virus in Aceh.

The city plans to host a pageant in July to select HIV/AIDS ambassadors who will raise awareness about the disease, highlighting the importance of safe sex and regular testing, Illiza said.

The number of new HIV infections reached an alarming rate in the Maluku province, officials said, with 380 new cases reported in 2010. In total, 1,335 people have contracted the virus since 1994, said Aziz Shamsuddin, a spokesman for the Maluku provincial KPA. Some 720 of those cases have progressed to full-blown AIDS.

In Maluku, the virus was present in all levels of society, with new cases reported in both high-risk groups like sex workers and traditionally low- risk groups like housewives and entrepreneurs, Aziz said.

The KPA attributed this rise to instances of unsafe sex between increasingly affluent but unfaithful businessmen and their wives. Most of the new infections – 82 percent – were among residents between the ages of 15 and 39 years old, Aziz said.

Despite the dramatic increase in Maluku, Papua still recorded the highest prevalence of HIV infections. The local KPA reported a total of 2,463 people living with HIV within the province.

Agung Laksono, the coordinating minister for people's welfare, said that the high rate of infections there was sustained in large part by a widely practiced cultural tradition encouraging transactional sex between young men and women.

The high number of cases was previously seized upon by officials who proposed implanting microchips into infected individuals to monitor their movements, in a bid to prevent the spread of the virus. However, that plan was shelved after a massive public outcry.

Chalking up the flaws of a dishonest system

Jakarta Globe - June 20, 2011

Nurfika Osman – Last month, Retno Listyarti served as an exam monitor at a senior high school in North Jakarta. She said that what she observed was mind-boggling.

"On the first day of the exams, none of the students showed up when the exam was due to begin," she recalls. "They arrived at the classroom 10 minutes late, but as soon as they received their answer sheets, they began filling them in without even reading the question sheets."

In the mathematics exam that followed, Retno noticed none of the students had bothered to use the scrap paper provided for making rough calculations.

The incidents immediately raised a red flag for Retno, from the Jakarta Teachers Consensus Forum (FMGJ), who asked the students how they expected to pass the exams without so much as reading the questions.

"They answered 'What do we need the questions for when we already have the answers?'" she says. "They told me they had looked at a copy of the answer sheet in the school's prayer room."

She adds that the students claimed to have obtained the answers from their teachers.

When the exam results were released nationwide later that month, the consequences of the cheating became immediately apparent: dozens of students from the school had failed.

Failed system

Retno says this case and others highlight how entrenched the culture of cheating is among students and teachers, and point to the main failing of the national exam system – that it holds all schools to the same standards regardless of obvious differences in quality of education.

"This is a consequence of having a national exam system where we're imposing the same standards on all schools without looking at their individual circumstances," she says.

Cheating made national headlines recently when it was revealed that the family of a sixth-grader in Surabaya were chased from their home by angry parents for reporting cheating at the boy's school.

The principal and two teachers have since been dismissed for ordering the student to provide answers to his classmates during the exams. Authorities have refused to categorize the case as cheating, however, reasoning that most of the children opted not to use the leaked answers.

"It's a fact that a teacher asked one of the students, Alifah Ahmad Maulana, to feed answers to his classmates during the national exams," said an official with a team set up to investigate the case.

"But most of the students chose not to use the answers given. There's no pattern in the answer sheets that would indicate systematic cheating."

A similar case was also reported at a primary school in South Jakarta. In that incident, the mother of another sixth-grader claimed the school had provided students with answers prior to testing in early May.

She alleged that teachers initially gave answers to a handful of students, then had them distribute the answers to the rest of their classmates via their cellphones.

Arist Merdeka Sirait, chairman of the National Commission for Child Protection (Komnas Anak), has said such cases were just the tip of the iceberg.

Bizarre backlash

In the wake of the scandals, others have come forward with more allegations.

Kamal Fikri, a former teacher at a vocational school in Cilegon, Banten, says he was dismissed four years earlier after standing up for a student who had reported cheating during exams. He says the backlash against him for trying to uphold the truth was bizarre.

"All the teachers and students at the school strongly despised me for what I did," Kamal says. "They said I was a traitor. They even incited my neighbors to ostracize me, which was going too far."

He adds that students would drive by his home on motorcycles and scream abuse. "But I kept my head in spite of it all because I believed the students had been provoked by the teachers," Kamal says.

He says he finally secured help from nongovernmental groups Indonesia Corruption Watch and the Education Coalition to put an end the hostilities.

Kamal, a teacher for 28 years, now works as a bureaucrat in the National Education Ministry's human resources department. "I'm disappointed that teachers are not upholding honesty, which is a fundamental principle of education," he says.

A lesser evil

Fasli Djalal, the deputy education minister, says that although many see the exams as the main driver of cheating at schools, calls to scrap the system are unreasonable. Indonesia will always need a standardized national exam system, he argues.

"The thing is, most of the teachers in the country lack the intellectual curiosity or commitment to continue improving education in their own schools," he says. As such, he goes on, the national exams are the only way to fairly evaluate students across the country.

Fasli adds that without the exams, only good schools in the better-funded regions would have the resources to conduct the evaluations necessary to improve. Lower-quality schools, meanwhile, would struggle to make any improvements at all.

He also argues that without a national testing standard, the long-ingrained culture of nepotism and graft in the country could see students from wealthy or influential families bribe their way through exams.

He says he is afraid that people who hold positions of power, such as district heads or leaders of state institutions, would bribe teachers in order that their children could pass the school's exams.

"Can you imagine subdistrict or district heads – or even officials in important institutions – bribing teachers so that their students pass the exams?" Fasli says. Can you imagine that happening in most of our schools?

"Indonesia will be left with a shortage of quality future leaders because the [graduating students] will not have been tested to certain standards. They will not be prepared to give their best."

Cheating husbands infecting wives with HIV/AIDS in Ambon

Jakarta Globe - June 18, 2011

Ambon, Maluku – Housewives emerged as the third largest group of HIV/AIDS infected people in Maluku in 2010, presumably because of their husbands' extramarital behavior, according to the agency monitoring the spread of the disease in the Indonesian province.

Aziz Shamsuddin, secretary of the Maluku Aids Prevention and Control Commission, said on Friday that the biggest numbers of people living with HIV/AIDS in Maluku in 2010 were found among the self-employed, prostitutes and housewives, in that order.

"Of the 380 new HIV/AIDS cases that were recorded in 2010, 95 involved self-employed people, 94 prostitutes and 73 housewives," he said.

The remainder were civil servants, military/policemen, students, private sector employees, ship crew and the unemployed.

In terms of age, most of those infected with HIV/AIDS, or about 82 percent of the total, were aged 15 to 39 years, four percent were 14 years or below and 14 percent in the 40 to 60 years group, Aziz said.

HIV/AIDS in Maluku was detected for the first time in Tual in 1994 when it was believed to have been transmitted by a foreign seaman. The number of detected HIV/AIDS cases at the time was 2.

Later, the lethal virus found its way into all districts and cities in Maluku. It also reached the most farflung regions, namely South Buru and Southwest Maluku. Some 1,333 have tested positive for the disease in the province.

Siami meets with NGOs via video link

Jakarta Globe - June 16, 2011

Siami, the woman who reported systemic cheating at a Surabaya elementary school, attended a meeting via video conference with NGOs on Thursday.

The meeting, titled "Honesty is Wonderful", was held at the Constitutional Court, while Siami remained in Surabaya and joined via teleconferencing, SCTV reported.

Siami reported to the Education Office that her son, Alifah, a sixth-grader from Gadel 2 State Elementary School (SDN), had been force to share his national examination answers with his classmates. As a result, the principal and two teachers at the school were dismissed.

Angered parents reportedly intimidated Siami and her family, causing them to leave town.

Delegates from the Indonesian Corruption Watch (ICW), Legal Aid Foundation (LBH), the Commission for Missing Persons and Victims of Violence (Kontras) attended the meeting, as well as prominent politicians, such as Yeni Wahid, and sociologist Imam B. Prasojo.

Siami's lawyer Todung said that the meeting indicated that honesty was still a virtue. "I am very proud of Ibu Siami. I agree with her action and I will give her the appreciation she deserves. This is a very important moment because honesty is still receiving strong support from the public," Todung said.

Learning how to cheat their way through life

Jakarta Globe Editorial - June 16, 2011

Cheating is rampant in our school system. Not a year goes by without incidents of wrongdoing during the national examinations making headlines.

The case of a Surabaya student and his family being driven from their home because his teachers told him to cheat and he reported it, however, should raise alarm bells at the Ministry of Education.

Alifah Ahmad Maulana was asked by his teachers to provide his classmates answers for the test, and when his parents reported the case, they were hounded out of their home. Such vindictiveness is beyond understanding and raises some deep questions about the values that hold up our society.

We applaud the decision of the authorities to remove the school's principal and the two teachers in question because their actions are deplorable. Cheating should have no place in our education system or in our society. It is not just an issue of gaining an unfair advantage but it destroys our moral fiber.

Students who pass their exams by cheating will think this is an acceptable way to get ahead. They will therefore repeat this in their adult life, in the process damaging the nation's competitiveness.

Whether the offending students from the school should re-sit the exam is a moot point. While it may be heartening to know that many of the students chose not to cheat, the reason they abstained leaves considerable doubt about the integrity of the system. A number of the students said they did not cheat because they knew the answers being distributed were wrong, not because it was immoral and dishonest to cheat.

The incident in Surabaya has shed new light on just how rotten the system is. It should prompt the authorities to replace rote learning with a curriculum that emphasizes critical thinking.

The system has also come under criticism because it places too much emphasis on exams to determine the students' achievement and aptitude. Such pressure forces many to cheat. The time has come to change our approach as to how we educate our youth.

Women & gender

Obedient Wives Club does not violate sharia: MUI

Jakarta Globe - June 22, 2011

Padang – The West Sumatra chapter of the Indonesian Council of Ulema (MUI) said that the Obedient Wives Club could not be banned in Indonesia because their teachings did not violate the sharia.

The Obedient Wives Club was founded by the conservative Islamic group Global Ikhwan in Malaysia, where hundreds of women are members. Organizers claim they can cure social ills, such as prostitution and divorce, by teaching women to be submissive and to keep their men happy in the bedroom.

"From the Islamic perspective, it is a wife's obligation to obey her husband," the deputy chairman of West Sumatra's MUI, Gusrizal Gazahar said in Padang.

He said there is nothing controversial about the club's teachings, including polygamy. Gusrizal said that Islam approved polygamy as long as it was carried out according to the requirements stated in the Koran.

"We can't blame the club because so far they haven't taught anything which is a violation to Islamic teaching, including polygamy," he said. "Husbands are obligated to consider all aspects before deciding to be a polygamist."

According to him, what the public should focus on is whether or not people are pressured to join the club.

The Indonesian branch of the Obedient Wives Club, launched early this month in Malaysia, claims to have about 300 members in several cities.

Group leader Gina Puspita said that the club would offer its members a package of teachings – including how to treat their husbands in bed. "A wife has to be 100 percent obedient to her husband in all aspects, especially in sexual treatment," she said. (Antara, AP)

Backlash against Indonesian branch of Obedient Wives Club

Associated Press - June 19, 2011

A new club in Indonesia that encourages women to be totally obedient to their husbands and focus on keeping them sexually satisfied has generated an outcry from activists.

The Indonesian branch of the Obedient Wives Club, launched early this month in Malaysia, claims to have about 300 members in several cities.

Group leader Gina Puspita said the club would offer its members a package of teachings including how to treat their husbands in bed. "A wife has to be 100 percent obedient to her husband in all aspects, especially in sexual treatment," she said.

About 50 women and their husbands attended the Saturday launching of the Indonesian branch of the club at a restaurant in southern Jakarta.

The club was founded by the conservative Islamic group Global Ikhwan in Malaysia, where hundreds of women are members. Organizers claim they can cure social ills such as prostitution and divorce by teaching women to be submissive and to keep their men happy in the bedroom.

Husein Muhammad, a commissioner of Komnas Perempuan, an Indonesia commission on women's rights, said "such a club is needless" and would not get support in the country.

"The obedience should be from both sides – husband and wife," Muhammad said on Sunday. "Such a club just places women as subordinates, and a marginal group."

Indonesia's government guarantees equal rights and opportunities for men and women, though some Indonesians are dissatisfied with discriminative bylaws imposed by local governments promoting strict moral values.

Ellin Rozana of the Women's Institute sees the club as a wrongheaded effort to fight prostitution, which she said is caused more by poverty than by husbands' unfulfilled desires. "Such a club is backward in emancipation and respect of women's rights," she said.

However, Makruf Amin, of the influential Indonesian Cleric Council, said he saw no problem with the club as long as it does not violate principles of Islam. "As long as it just wants to teach good things to the wives, that is OK," he said.

In 2009, the same group behind the Obedient Wives Club set up a branch of the Polygamy Club in Indonesia, which also upset women's groups and religious leaders in the world's most populous Muslim nation.

Recent cases show women can be as corrupt

Jakarta Post - June 18, 2011

Ina Parlina, Jakarta – Recent female figures named corruption suspects have broken the long-established assumption that women are less corrupt than men due to women's compassion and tendency to avoid crime.

"Women's access to power and the public arena has just been opened. With such access, we can see women can also be corrupt," Ani Widyani Soetjipto, an expert staff member from the Women's Empowerment Movement, told The Jakarta Post recently. "Corruption has no gender dimension. Everyone can be corrupt."

A corruption allegation linked to Democratic Party politician Muhammad Nazaruddin, has dragged a businesswoman allegedly to be a go-between in the Youth and Sports Ministry-commissioned construction project of an athletes' dormitory in Palembang, South Sumatra, for the next SEA Games.

Mindo Rosalina Manulang has been named suspect in the case following her arrest, along with PT Duta Graha Indah (DGI) marketing director Muhammad El Idris and Youth and Sports Ministry's secretary Wafid Muharram, on April 21 at the ministry office after El Idris gave a check worth Rp 3.2 billion (US$374,400) to Wafid. DGI won the project bid.

In an upturn, on Wednesday, the KPK grilled Rosa for another case linked to Nazaruddin's wife, Neneng Sri Wahyuni, who failed to answer the KPK's summon last week. Neneng is believed to be in Singapore accompanying Nazaruddin, who claimed to get medical treatment there.

Rosa was questioned for two hours on Wednesday on an alleged illegal solar power procurement project at the Manpower and Transmigration Ministry in 2008.

Rosa, who reportedly befriended many lawmakers, neither confirmed nor denied her role as "projects broker", as well as her acquaintance with both Neneng and Nazaruddin.

KPK spokesman Johan Budi said KPK investigators questioned Rosa because they believed Rosa, and Neneng, were "affiliated" with a company in the solar power project.

Another female graft suspect in news headlines is businesswoman Nunun Nurbaeti. The fugitive fled the country to Singapore to receive medical treatment for her "severe forgetfulness" last year. Alleged middlewoman Nunun is suspected to have distributed bribes to dozens of former and current lawmakers in the vote-buying case of Miranda S. Goeltom election as 2004 central bank senior deputy governor. Nunun is known as a powerful businesswoman.

The case has also put three female former lawmakers: Engelina Pattiasina, Ni Luh Mariani Tirtasari and Budiningsih of the Indonesian Democratic Party of Struggle, on trial. Before Nunun, the woman in the news was former convict businesswoman Artalyta "Ayin" Suryani.

In 2008, Artalyta was sent to five years in prison for bribing public prosecutor Urip Tri Gunawan in exchange for information from Urip on the progress of the investigation of alleged embezzlement of Bank Indonesia liquidity support funds against tycoon Sjamsul Nursalim who is Artalyta's associate.

An impromptu visit in January of last year by the Judicial Mafia Taskforce to the Pondok Bambu Penitentiary in East Jakarta where Artalyta was imprisoned led to the discovery that she had been enjoying special treatment during her imprisonment: An air-conditioned room with a karaoke set and a personal assistant. She was released on parole early this year "for good behavior".

In the case of a seaport development project, a Transportation Ministry female official Darmawati Dareho was put behind bars for her role as a go- between channeling Rp 3 billion in bribes from businessman Hontjo Kurniawan to the House's budget committee member, former National Mandate Party (PAN) legislator Abdul Hadi Djamal, to ensure the House would approve his company's bid.

Darmawati was convicted to three years in jail. The media reported in 2008 that businesswoman Vonnie Anneke Panambunan was sent to 18 months in prison for corruption centering on the construction of the Loa Kulu airport in East Kalimantan.

In the same year, official Margareth Elisabeth Tutuarima at the Central Java maritime and fisheries agency was sentenced to six years in prison.

Ani Soetjipto said sometimes women were not the real actors of corruption and more likely victims of male orchestration. However, others were actors just like their male counterparts. "Morals do not have anything to do with gender," she said.

Graft & corruption

Activists will probe KPK applicants' track records

Jakarta Post - June 22, 2011

Ina Parlina, Jakarta – A coalition of antigraft activists deployed members to study the track record of the 215 nominees applying to be the next leaders of the Corruption Eradication Commission (KPK).

The coalition, which comprised 10 organizations including Indonesia Corruption Watch (ICW) and the Judicial Monitoring Society (Mappi), also called on the public to scrutinize the candidates to prevent any people with a poor track record from being selected.

The selection committee is screening the applicants in an administrative selection. "We need the public to speak out if they know something about the applicants' track records," ICW's Agus Sunaryanto told The Jakarta Post on Tuesday.

Selection committee secretary Achmad Ubbe said the committee planned to publish the names of applicants who successfully met the administrative requirements on June 25 for a month-long public scrutiny.

Those who pass the administrative selection will undergo further selection and a profile assessment to pare down the list to eight.

Agus said the coalition had been gathering information from fellow activists throughout the country, with some activists going to the applicants' hometowns to investigate their backgrounds.

On Monday, selection committee head Law and Human Rights Minister Patrialis Akbar closed the two-week registration at 4 p.m.

The 215 applicants comprise 69 private sector figures, 49 lawyers, 43 active or retired civil servants, 37 academics, 14 active or retired police and military officers and three prosecutors. There were no judges among the applicants.

Six applicants are current KPK officials: deputy of the internal affairs and public reports Handoyo Sudrajat, adviser Abdullah Hehamahua, spokesman Johan Budi, inter-commissions and agency network development chief Sujanarko, deputy for enforcement Ade Rahardja and deputy chairman Chandra M. Hamzah.

Failed applicants from last year also appear: Col. (ret) Tjoek Soegiarto, Brig. (ret) Idris, Nana Rukmana, prosecutor Zulkarnain and Insp. Gen. (ret) Aryanto Sutadi.

Padang chief prosecutor Sutan Bagindo Fachmi and the head of the anticorruption caucus at the Regional Representatives Council, I Wayan Sudirta, who made it to the last seven last year, return as candidates. Last year, ICW warned the selection committee about Fachmi's track record.

Farhat Abbas, a controversial lawyer who once defended convict Muhtadi Asnun, the judge who cleared tax officer Gayus H. Tambunan of corruption charges, is also making a second appearance as a candidate.

Muhammad Mahendradatta, the lawyer for hard-line cleric and convicted terrorist Abu Bakar Ba'asyir, lawyers Farid M. Basakran and Arbab Paproeka and former lawmaker Nur Syamsi Nurlan also applied.

Noted scholar and legal activist Bambang Widjojanto who last year was beaten by current KPK chairman Busyro Muqoddas, is running again. He, along with Financial Transaction Reports and Analysis Centre (PPATK) chairman Yunus Husein, is among the candidates perceived as credible by the public.

The House of Representatives' law and human rights commission will select four of the eight candidates as KPK leaders. The KPK is expected to have new leaders by Dec. 18, when the tenures of the current leaders end.

Nazaruddin's accusations are bogus: Lawmaker

Jakarta Globe - June 21, 2011

The Democratic Party's deputy secretary general said that the accusations made by the party's former treasurer Muhammad Nazaruddin were completely untrue.

At the House of Representatives on Tuesday, Ramadhan Pohan was asked to comment on the accusations that leaders of the House of Representatives' budget committee, Mirwan Amir and Angelina Sondakh, were the "players" in graft case connected to a contract for the construction of an athletes' village for the Southeast Asian Games in Palembang in November.

"Please ask Nazaruddin [about the accusations]. We do not respond to any allegations. What Nazaruddin said is not true," Pohan said.

He said that during the meeting of Democratic Party's Executive Board, they had asked Angelina Sondakh for her confirmation. "We had asked for Angelina confirm, [the accusation] is not true," Pohan said

He said the party had agreed not to respond to any accusations and would hand the case to the Corruption Eradication Commission (KPK) to investigate the people named by Nazaruddin. "We have no intention to respond to the allegations. We have handed the case over to the authorities, to KPK," he said.

"The KPK is the authority and we believe that they are professional. We will not interfere."

With over 200 candidates, KPK selection can begin

Jakarta Globe - June 21, 2011

Ulma Haryanto – Antigraft heavyweights like money laundering watchdog chief Yunus Hussein and human rights activist Bambang Widjojanto are among those who have thrown their hats in the ring to become an antigraft commissioner through 2014.

After registrations officially closed on Monday, Minister of Justice and Human Rights Patrialis Akbar said 233 people had applied.

"The KPK [Corruption Eradication Commission] selection committee will select eight names [for four positions]. We will then forward these names to President Susilo Bambang Yudhoyono and the House of Representatives," Patrialis said.

The KPK leadership board consists of one chairman and four deputy chairmen. The Constitutional Court on Monday decided that Busyro Muqoddas could serve a full four-year term on the leadership board of the KPK, meaning there are four vacancies to be filled.

Busyro was selected as the KPK chairman by the House of Representatives in November, but he was only granted one year to complete the four-year term of his predecessor, Antasari Azhar, who was jailed for murder.

However, activists filed a legal motion arguing that Busyro should stay on for more than just one year. Monday's court decision does not mean Busyro will automatically remain chairman.

Among those who applied just before the registration period closed on Monday were a number of KPK officials: spokesman Johan Budi, prosecutions deputy Ade Rahardja, deputy chairman Chandra M. Hamzah and deputy director of internal oversight and public complaints Sudrajat Handoyo.

Bambang, who finished second behind Busyro during last year's election for KPK chairman, said he felt a need to register for the position.

"Life is full of challenges. This nation has terrible corruption cases. That is why any chance to do something good for a lot of people has to be seized upon," Bambang said.

Like Bambang, Yunus said he believed that a job at the KPK was his calling. "Motivation is very important because it determines whether we can achieve what we aim for. Corruption is related with power, so first we have to understand the political landscape. We can defeat any graft networks if we work together," Yunus said. He added that his nine-year stint at the Financial Transaction Reports and Analysis Center (PPATK) would end in October.

When asked whether he feared becoming the target of criminal accusations by opponents – as happened to former antigraft chief Antasari, Chandra and his fellow KPK deputy Bibit Samad Rianto – Yunus said: "The righteous have to be brave, but it is also human to be afraid."

He said he believed that his experience in handling suspicious financial transactions at the PPATK would come in handy at the KPK. "The 'follow the money' approach is needed, particularly in handling corruption cases. The KPK is also handling money laundering, so the job is related," Yunus said.

There is still a long way to go before it will be known who made the cut. On Saturday, the KPK selection committee, led by Patrialis, will announce the names of those candidates who met all the administrative requirements.

From June 27 to July 27, members of the public will have the chance to comment. Based on that feedback, the committee will pick two names for each open position and hand them to the president. If Yudhoyono approves the candidates, he will forward their names to the House, which has from August to November to pick four names. The president still has the final say and will have to ratify the four choices of the House. He is expected to do so in December.

Chandra said he was not happy with the current leadership board, of which he is a member. "I'm not satisfied at all. There is a lot that needs improvement. Whoever ends up being elected, we have to improve [the KPK]," he said.

Johan, the KPK spokesman, said one reason he registered was that the number of applicants was not as high as in previous years. "I have personal concerns, and I want to oversee the selection process," he said.

Former PPP legislators get 15 months in Miranda case

Jakarta Globe - June 21, 2011

Rizky Amelia – Two former United Development Party lawmakers on Monday were each sentenced to 15 months in jail for their involvement in the corruption scandal surrounding the appointment of a central bank deputy governor in 2004.

Danial Tandjung and Sofyan Usman, both former lawmakers from the party, also known as the PPP, were found guilty of each taking Rp 500 million ($58,000) in bribes in exchange for voting for economist Miranda Goeltom to the Bank Indonesia post.

"We declare [both suspects] guilty of committing corruption by accepting gifts in relation to their positions [at the House of Representatives]," presiding judge Marsudin Nainggolan said.

There was, however, a dissenting opinion offered by one judge from the panel, Andi Bachtiar.

Andi said he was of the opinion that Danial should have been acquitted of all charges because prosecutors had failed to prove he had actually accepted the bribe.

"It was never proven that the defendant had received the traveler's checks, during the course of the trial," he said.

On Friday, 10 former Golkar Party lawmakers were each sentenced to 16 months in jail for their roles in the scandal.

Agus Condro Prayitno, the former Indonesian Democratic Party of Struggle (PDI-P) lawmaker who blew the whistle on the case, was also given 15 months' jail on Friday, which was three months lighter than that demanded by the prosecutor.

He was also fined Rp 50 million, or an additional three months in prison.

Agus said he was disappointed with the verdict because it would make people too afraid to expose graft. Referring to the Law on Protection of Witness and Victims, Agus said whistle-blowers should be granted amnesty for coming forward.

One of the suspects in the case, Nunun Nurbaeti, the wife of a former National Police deputy chief, is believed to be at large overseas, with the Corruption Eradication Commission (KPK) enlisting the help of Interpol to locate her.

Two more politicians jailed in Bank Indonesia bribery scandal

Jakarta Globe - June 20, 2011

Rizky Amelia – Two former United Development Party (PPP) lawmakers on Monday were each sentenced to 15 months in jail for their involvement in the corruption scandal involving the appointment of Miranda Goeltom to become a Bank Indonesia deputy governor in 2004.

Danial Tandjung and Softan Usman, both from the United Development Party (PPP), were proven guilty of taking hundreds of millions of rupiah in traveler's checks in exchange for voting for Miranda.

"We declare [both suspects] guilty of committing corruption by accepting gifts in relation to their positions [at the House of Representatives]," presiding judge Marsudin Nainggolan said.

On Friday, 10 former Golkar lawmakers were also sentenced to prison, with each receiving 16 months. Whistle-blower Agus Condro Prayitno, a former Indonesian Democratic Party of Struggle (PDI-P) lawmaker, was sentenced on Friday to 15 months jail.

Busyro given full tenure, KPK registration closes today

Jakarta Globe - June 20, 2011

Ulma Haryanto – The Constitutional Court on Monday decided that Busyro Muqoddas would serve a full four-year term as a chairman the Corruption Eradication Commission (KPK).

"Article 34 of the KPK Law on the commission's leadership tenure cannot be interpreted other than four years, for those appointed collectively since the beginning, as well as their replacements," Constitutional Court judge Hamdan Zoelva said, reading the ruling.

KPK leadership consists of five commissioners, a chairman and four deputy chairmen. While this means that Busyro will serve as one of the five commissioners for another three years, as he was appointed in 2010, it does not make him the automatic chairman for the 2011-2015 term.

The KPK will hold an election through the House of Representatives later this year to determine the chairman.

This also means that the current KPK leadership selection committee will only have to forward 8 names for the other 4 remaining spots for the House to process during a fit and proper test due next month.

Separately, human rights activist Bambang Widjojanto, who came second after Busyro during last year's KPK chairman election, officially registered for a position on the KPK leadership on Monday.

Another heavy contender registering this morning included Yunus Husein, the chairman of the Financial Transaction Reports and Analysis Center (PPATK). The registration period closes today at 4 p.m.

Lawmaker opposes court's decision on Busyro

Jakarta Globe - June 20, 2011

Anita Rachman – A lawmaker from the House of Representatives' Commission III overseeing legal affairs said on Monday that the Constitutional Court was losing its reason after it ruled that Busyro Muqoddas would serve a full four-year term as a chairman the Corruption Eradication Commission (KPK).

Nasir Djamil said that Busyro was elected to replace former KPK chief Antasari Azhar, who was jailed for murder, and should end his term by the end of the year. "We agree that Busyro is a clean figure, but all institutions must respect and understand the substance of laws," he said.

He said that the court decision was influenced by the opinions of a small number of people who desire Busyro to stay in the KPK leadership for the next three years. Nasir said that if Busyro wanted to remain heading the KPK, he would have to apply for the position again.

"We are getting more confused with MK. We must build an institution, not make a cult out of a person," he said. Nasir said the country needed to have a better KPK selection committee so that they could get the best applicants for the post.

Meanwhile, Eva Kusuma Sundari from the Indonesian Democratic Party of Struggle (PDI-P) congratulated Busyro during a meeting at the commission, which was underway. She said she hoped to see a stronger KPK in the future.

Activists searching for Nazaruddin deported from Singapore

Jakarta Globe - June 20, 2011

Antara & Jakarta Globe – The Singaporean government on Sunday deported five Indonesian activists who went to the city-state to search for embroiled Democratic Party lawmaker Muhammad Nazaruddin.

"We came to Singapore to coordinate with the Indonesian Embassy in Singapore (KBRI) to find out Nazaruddin's whereabouts," said one of the deported activists, Sarman, from the non-governmental group Indonesian Anti-Corruption Society (Maki).

He said that KBRI had refused to meet with him and his fellow activists, prompting them to camp out in front of the diplomatic compound before being dismissed by the Singaporean police.

The group then moved to Ngee Ann City on the bustling Orchard Road to hold a rally. "Again, the Singapore police dismissed our activity and confiscated our passports," Sarman said.

The activists then explained that they were looking for Nazaruddin, one of the most wanted people in the country, but the police demanded an official letter from the KBRI for their activity. "But the KBRI did not want to cooperate," he said.

A lack of KBRI support in providing a letter led to the Maki activists being deported on Sunday morning.

Nazaruddin, the ousted treasurer of the ruling Democratic Party, has been squirreling away in Singapore since last month, when allegations about his involvement in alleged corruption in the construction of the athletes' village in Palembang first erupted.

The KPK had said that it has yet to find enough evidence linking Nazaruddin to the project, but the antigraft body now sought him for another graft case, this time involving the Education Ministry.

Public urged to dish dirt on KPK candidates

Jakarta Globe - June 17, 2011

Dessy Sagita – Indonesians have been urged to report candidates competing for the top post of the country's anti-graft body that have been involved in any scandal or crime.

"After the eligible candidates are verified, the public has 30 days to openly criticize the candidates," said Achmad Ubbe, the secretary of the Corruption Eradication Commission's (KPK) selection committee, on Friday.

"If we fail to find a suitable leader, it's not only the KPK's responsibility, it's on all of us – because we have been given a month to challenge the candidates."

The committee will select 10 people and hand their names to the House of Representatives, which will then appoint a chairman for the KPK's leadership board and four deputies.

The registration period for candidates opened on May 30 and will close on June 20 at 4 p.m.

Achmad said that 93 people had already registered their names to compete in the race, with the list dominated by private sector candidates.

Imam Prasodjo, another member of the selection committee, said that anyone who wanted to file a report about the candidates must provide strong indication that the candidate in question did not deserve the position. "At least provide us with some documentation so that we can follow it up. Don't file the report based on hearsay," he said.

Imam said the public should watch the candidates closely to ensure that they have all the necessary qualities needed to perform the difficult job.

"The candidate must possess leadership qualities because we are looking for a leader who can make a decision, not a manager," he said, adding that the candidate should also have integrity, a good reputation and independence.

"We want to get an objective KPK leader who is free from conflict of interests," he said.

Imam said lawyers who had blatantly defended those convicted of corruption not be considered as a prime candidate.

"There's a difference between a lawyer who wants to make sure his client receives all the legal rights he is entitled to, with a lawyer who will do anything to help corrupt officials get away," he said.

Imam said the previous selection committee received a lot of complaints and objections after the names of the eligible candidates were announced last year.

"The committee received clipping of news reports, court document, and other evidence that some candidates were not the clean leader we are waiting for," he said.

Imam said the public may report social scandals involving the candidates, including infidelity. However, he said, a candidate who has been reported would not be automatically dropped from the race.

"We will have a plenary that will decide whether or not the candidate should stay in the selection, but things like infidelity should be discussed because we don't want to have a candidate that could easily be a target of blackmail," he said.

Four politicians sentenced in BI bribery scandal

Jakarta Post - June 16, 2011

Jakarta – After sentencing whistle-blower and politician Agus Condro to 15 months in prison, Jakarta Corruption Court on Thursday sentenced three other defendants in to between 18 and 20 months in prison in the same bribery scandal.

The defendants were found guilty of receiving bribes in the election of Bank Indonesia senior deputy governor Miranda Goeltom in 2004.

Willem Max Tutuarima was sentenced to 18 months in prison, while two other defendants, Max Moein and Rusman Lumbantoruan, were both sentenced to 20 months in prison.

All sentences less than those demanded by prosecutors, at 24 months for Willem, 18 months for Agus, and 30 months for Max and Rusman. "All defendants also must pay Rp 50 million (US$5,850) in fines. Should they choose not to pay they could spend an additional three months in prison," presiding judge Suhartoyo said while reading out the verdict.

Speaking to reporters after the hearing, prosecutor Muhammad Rum from the Corruption Eradication Commission (KPK) said his team were not about to file an appeal. "We will decide whether to file an appeal after a careful deliberation of the entire verdict," Rum said.

Agus also told reporters he had received the verdict. "I believe it is better this way. As all of us received bribes I would have felt more tormented if I was discharged while my colleagues were imprisoned," he said.

Agus also warned that the verdict on his case could potentially scare off whistle-blowers from reporting similar cases for fear of punishment.

"They might get scared and wonder why [they] should report [their] case and be a whistle-blower if [they] don't get any protection from the state and still get imprisoned in the end?" Agus said.

While all defendants said they would consider filing an appeal, none had made a decision on this yet.

Agus' lawyer, Firman Wijaya, said he wouldn't rule out asking for a case review or requesting a presidential pardon should an appeal fail to reduce his client's sentence. "As this is an extraordinary crime, we must take extraordinary measures," Firman said. (mim)

New findings in Century case: KPK

Jakarta Globe - June 16, 2011

Anita Rachman – New evidence has been uncovered in the long-running probe into the Bank Century bailout, antigraft investigators announced on Wednesday.

Busyro Muqoddas, chairman of the Corruption Eradication Commission (KPK), said he would share the agency's findings with the House of Representatives team overseeing the probe.

But he declined to specify what the evidence entailed. "We've offered to reveal the findings to the House in order to bridge any misunderstandings," said Busyro. "We'll reveal everything as it stands."

The KPK has come under fire from lawmakers after failing to uncover evidence of graft in the controversial 2008 bailout of Bank Century. House members allege that the bailout was unwarranted and that the funds were embezzled.

The bank was in danger of collapse after its owners made off with millions, but was saved from collapse with a Rp 6.7 trillion ($780 million) state rescue.

A House oversight team has monitored separate probes into the rescue by the KPK, Attorney General's Office and National Police. In March, lawmakers asked the state auditor to track the bailout funds.

The new evidence will be discussed in a closed-door meeting between KPK officials and members of the House, House Speaker Marzuki Alie said, adding that both sides would compare notes.

"The findings made by the monitoring team will be checked one by one," Marzuki said. "Everything will be cross-checked."

But other legislators doubt the KPK uncovered anything new. Fahri Hamzah, of the Prosperous Justice Party (PKS), said investigators had already unearthed all relevant documents. The House is now working to make the information public.

"It's actually all there, there's nothing more to hide because it belongs to the public," said Fahri, taking exception to the KPK's closed-door request. "If [the KPK] is now trying to say that there are no [indications of corruption], they should say it openly," he said.

KPK officials said they asked for a private meeting because of the sensitive findings. Chandra Hamzah, a deputy chairman with the KPK, said revealing evidence during an ongoing investigation would "allow certain parties to take advantage of what we discuss."

Fahri said it was in the public's interest to know how the probe was progressing. "I just hope that if they really have new findings, that they make them public," he said.

Two of Bank Century's three owners remain at large. Robert Tantular is serving time for bank fraud, while Hesham al Warraq and Rafat Ali Rizvi were sentenced in absentia to 15 years each for looting the lender.

War on terror

Three Indonesian militants get prison for terror plot

Associated Press - June 21, 2011

Jakarta, Indonesia – Three Indonesians radicalized by the teachings of a firebrand Muslim cleric were sentenced Tuesday to six years in prison for involvement in a terror plot.

A Jakarta court found Muhammad Iqbal, Helmi Wardani and Kurnia Widodo guilty of violating anti-terrorism laws by making bombs and exploding them in trial runs for a terrorist attack. It said they gleaned their bomb- making knowledge from the Internet.

Presiding Judge Mustofa said the men were influenced by the preaching of Aman Abdurrahman, a radical cleric who was sentenced to nine years in prison in December for involvement in a militant training camp in westernmost Aceh province.

Indonesia, the world's most populous Muslim nation, has battled militants with links to al-Qaida since 2002, when extremists bombed a nightclub district on Bali island, killing 202 people, most of them foreigners. A security crackdown since then has seen hundreds of militants killed or captured and convicted.

Mustofa said the three men, all in their thirties, were highly educated with no history of militancy until becoming radicalized through their participation in Islamic study at a mosque in West Java that was a base for Abdurrahman.

He said they planned to target police and local officials whom they considered their main enemy because of the government's support for the US-led fight against terrorism.

Bashir sentence passed to avoid angering radicals

Straits Times - June 18, 2011

Wahyudi Soeriaatmadja – The 15-year jail term handed to convicted terrorist Abu Bakar Bashir this week is sparking debate, with analysts suggesting it was kept light to avoid angering the radicals who revere him.

The prosecution had pushed for a life term for the 72-year-old. But analyst Mardigu Wowiek Prasantyo, who helps the police interrogate terrorist suspects, said the lighter sentence was seen as having "the best outcome for society."

Bashir was sentenced on Thursday for helping to plan and fund a militant training camp, where men learnt to use weapons to attack Indonesian government officials and foreigners. Police destroyed the camp in February last year.

While Bashir does not head any of the disparate radical cells responsible for recent attacks against religious minorities in Indonesia, fundamentalists see him as a spiritual leader.

Though the courts have charged individual perpetrators of violence, the government has shied away from clamping down on fundamentalist groups for fear of being portrayed as anti-Muslim.

They have not tried to disband radical groups such as the Islamic Defenders Front, whose members have attacked moderate figures and members of the minority Ahmadiyah sect. Some experts fear Indonesia could become like Pakistan – a society struggling with intolerance, brewing terrorism and religious vigilantism.

Bashir, who looks frail but is healthy, has been jailed twice before – once for his complicity in the 2002 Bali bombings and once for the 2003 Marriott Hotel bomb attacks in Jakarta.

He has not openly condoned acts of terrorism but has said he supports paramilitary training as Muslims need to learn how to defend themselves. This admission – along with testimony from men involved in the Aceh training camp – helped prosecutors to nail him during the four-month trial.

One of the prosecutors said on Thursday that judges had been too lenient. Bashir was proven to have incited people to commit acts of terrorism, a crime punishable by death, and to have supported the use of violence to inflict harm, which can bring life imprisonment.

"But the judges had to consider the wider feelings of society," said the prosecutor, who did not want to be named. "It seems they don't just follow the law book exactly. They make decisions after taking into account all the relevant aspects."

Analysts do agree on a few things though. One is that Bashir should be isolated while in prison so he cannot influence others.

On Friday, National Police spokesman Brig. Gen. Ketut Untung Yoga Ana said Bashir was still in police custody in his own cell and would be moved to a prison only at a later date. "The court will decide where to put Bashir," Ketut said.

'Prison won't cage Bashir's influence'

Jakarta Globe - June 17, 2011

Nivell Rayda – Under the scorching sun, members of Jamaah Anshorut Tauhid struggled to stay awake on Thursday as judges at the South Jakarta District Court read out the lengthy verdict against their revered leader, Abu Bakar Bashir.

Some of the cleric's 500 supporters who showed up on Thursday had traveled almost 1,000 kilometers from their hometown of Ngruki, Central Java, where Bashir co-founded the Al Mukmin Islamic boarding school in the 1970s.

But most had to watch from the court parking lot, where officials had set up two flat-screen TVs and a sound system just for the occasion, as many of the limited seats in the courtroom were reserved for journalists.

As the judges were about to conclude reading out the ruling, the crowd spontaneously rose from their seats, anxiously hoping that their leader would be acquitted of terrorism charges linked to last year's discovery of a paramilitary camp in Aceh. A collective gasp went out when they heard presiding judge Herri Swantoro utter the word "guilty."

But the worst shock came when the judge announced that Bashir was sentenced to 15 years imprisonment. "Infidels!" one women screamed. "How could you give 15 years to an old man? God will avenge this injustice. God will cast his wrath upon this forsaken country."

The men jabbed their fists in the air, crying out to Allah. JAT members began chanting insults directed at the police, who had deployed some 3,000 officers over worries of rioting.

"Densus [88], God's wrath be upon you," the men shouted in reference to the National Police's elite counterterrorism unit, who are viewed by hard- liners as murderers of Islam's holy warriors.

"Although Ustadz Abu is behind bars now, wronged by the hypocrites, we must continue his struggle. We must continue to wage jihad," Muhammad Sholeh Ibrahim, leader of the Solo chapter of JAT, told Bashir's supporters.

It is followers like these that have terrorism experts worried about the implications of Bashir's conviction.

Terrorism expert and author Ken Conboy said Muslim youths were becoming increasingly ingrained with Bashir's strain of radical philosophy, and that they were likely to retaliate over what they see as a horrific injustice.

"There is a heightened sense of alert among authorities now that Bashir is convicted," he said. "In the last six months that Bashir was on trial there was a large number of small groups with little connection to known terrorism cells that were plotting and executing acts of terrorism on their own."

In March, book bombs were sent to perceived enemies of radicalism like Liberal Islamic Network founder Ulil Abshar Abdalla and Comr. Gen. Gories Mere, a former officer of Densus 88.

Police apprehended the alleged mastermind, Pepi Fernando, a former journalist in his early 30s. He has no known connection to Bashir, but analysts believe the cleric's influence was key. A month before the bombing campaign, Bashir mentioned Gories by name during preliminary hearings in his trial. Two years prior, Bashir issued a fatwa, or edict, saying Ulil should be killed.

Also in March, Muhammad Syarif, 32, blew himself up during Friday prayers at a police mosque in Cirebon, killing himself and injuring about 30 worshipers, all but two of them policemen. Syarif was known to attend Bashir's sermons whenever the cleric visited the city.

Last month, two police officers in Palu, Central Sulawesi, were shot dead by people with alleged ties to the Bashir-linked Aceh training camp.

Taufik Andrie, a terrorism expert from the Institute for International Peace Building, said that after the conviction, police officers would likely remain the target of retaliation.

"With so many terrorism suspects dead at the hands of police officers there is an unappeasable resentment toward the force, especially on Internet forums, where verses of the Koran are being distorted and taken out of context to justify the killing of law enforcement officers and innocent civilians," Taufik said.

He also expressed concern over the relative ease with which a prospective terrorist could find detailed instructions on bomb-making online.

Experts have pleaded for more censorship of jihadi materials circulating online and in other media but the government has deemed it too difficult to stop the barrage of information.

Prison walls are not likely to stop Bashir's radical ideology from spreading, Conboy said. "There is too much access given to high-profile terrorism convicts. They are free to conduct numerous sermons in prison and meet people. Prisons have become the center for recruitment and radicalization," he said.

Bashir slumps as 15-year jail term handed down

Sydney Morning Herald - June 17, 2011

Tom Allard, Jakarta – Abu Bakar Bashir, sentenced yesterday to 15 years in prison for inciting terrorism, sat slumped in his chair in a South Jakarta courtroom after a five-month trial, a much diminished figure.

After a lifetime devoted to jihad, and the past decade spent praising terrorists and railing against Indonesian democracy, Australia and anything else that earned his ire, Bashir, 72, seemed to finally sense he was likely to live out the rest of his years in a prison cell.

Given his right to respond, his voice trembling and tired, Bashir could only meekly declare the verdict "haram", or forbidden under Islam, before quickly handing the microphone back to a court attendant.

It was a different story when he had arrived at the South Jakarta court yesterday morning. He had been cocky and defiant. "This is a battle between the defenders of Islam and the defenders of evil. I am an Islamic defender," he proudly said.

Indonesia's most notorious militant mullah, and the co-founder of the Jemaah Islamiah terrorist cell behind the two Bali bombings that killed 220 people, including more than 90 Australians, Bashir had dodged serious charges or won on appeal in two previous trials.

Although his lawyers will launch an appeal, justice appeared to have caught up with Bashir yesterday, and the reason lies in large part because Bashir came to believe he was untouchable.

Not content to be merely an angry mouthpiece for extremism and an Islamic state with his supposedly non-violent new group Jemaah Ansharut Tauhid (JAT), Bashir became a key figure behind a new terrorist group that trained in a military-style camp in Aceh, ordering two senior members of JAT to finance it.

The camp was discovered last year by Indonesian police, leading to scores of arrests and the recovery of weaponry, videos and extremist literature. The violent raid, which resulted in the deaths of four police and more than a dozen suspected militants, led back to Bashir.

Some of those arrested, including senior JAT lieutenants, testified against Bashir in the court proceedings. To help ensure the witnesses didn't change their testimony when face-to-face with their "emir" or commander, as had occurred at previous Bashir trials, both men appeared as witnesses via video link.

Bashir, they said, told them to organise more than $60,000 to equip the camp set up in remote mountainous jungle. He had also met with Dulmatin, the senior commander in the first Bali bombings who fled Indonesia in 2002 but returned to head the new cell.

It was these acts that formed the basis of his conviction for inciting terrorism.

Police had earlier alleged the cell planned a Mumbai-style attack to mark Indonesia's independence day, but no evidence of this plot was brought before the judges in Bashir's trial.

Bashir accepted he knew about the Aceh camp but insisted he didn't know weapons were being used. Such training was every Muslim's duty, he said.

While Bashir seemed shrunken, and his prospects for freedom grim, the 500 or so of his supporters outside the courthouse were defiant and angry, venting their fury when the verdict was read out.

Cleric of hate sent to die behind bars

Jakarta Globe - June 17, 2011

Nivell Rayda & Ulma Haryanto – It is likely the only common ground they will ever have, but terrorism analysts and supporters of militant cleric Abu Bakar Bashir do agree on one thing – the 15-year jail term that he received on Thursday means he will likely spend the rest of his life behind bars.

The conclusion to the four-month trial, the Indonesian government's third attempt to convict the 72-year-old for terrorism, had always been expected to be divisive.

After the South Jakarta District Court, presided by Judge Herri Swantoro, ruled that Bashir was guilty of inciting people to carry out terrorist activities in relation to last year's discovery of a paramilitary camp in Aceh, an uproar emerged among his supporters.

Thunderous shouts of "Allahu Akbar" or "God is great" from some 500 of his supporters, mostly members of the radical Jamaah Anshorut Tauhid group Bashir co-founded, resounded around the court.

Bashir's legal team quickly dismissed the court as a sham. "The judge was too keen to convict Bashir," said his lawyer, Luthfie Hakim.

Bashir himself rejected the verdict outright. "This verdict is unfair because this is based on laws that are made by infidels, not based on Shariah. It is haram [forbidden] for me to accept the ruling," he said.

But for some of those who have suffered the pain of losing loved ones to acts of terror, Thursday's event was long-awaited justice.

"It gives a degree of satisfaction that the courts are treating him more appropriately than they did with respect to the Bali tragedy," said Brian Deegan, whose 21-year-old son was among the 88 Australians killed in the 2002 bombings.

Bashir served almost 26 months for his role in the bombings before his conviction was overturned in 2006. That case was just one of three instances since the Suharto regime where the cleric managed to elude law enforcers.

He was convicted of treason in 1978 but managed to flee to Malaysia in 1985. He was again charged with treason and immigration offenses in 2003, but was only convicted of the latter and spent a mere 20 months in jail. This time, both the defense and prosecution camps have again said they would file their respective appeals, which means the legal battle to keep the cleric behind bars may not yet be over. Prosecutors will demand a 25- year jail term.

Terrorism experts, however, say that it is more important to put a lid on the cleric's teachings.

Ken Conboy, author of "The Second Front: Inside Jemaah Islamiyah, Asia's Most Dangerous Terrorism Network," said that Muslim youths were falling increasingly under the sway of Bashir's radical ideology and were likely to retaliate. "There is a heightened sense of alertness among authorities now that Bashir is convicted," Conboy told the Jakarta Globe.

The National Police, who will retain custody of the cleric despite the conviction, acknowledged this on Thursday, and said that they would not be lowering their guard.

In fact, the force deployed more than 3,000 police officers backed by armored vehicles and several snipers to safeguard the district court on Thursday, particularly after rumors that 36 bomb attacks would take place the same day circulated earlier this week.

Back inside the National Police headquarters on Thursday afternoon, a defiant Bashir maintained that anyone who fought to defend Islam would always be threatened.

"I don't like this because this is tyranny. Understand?" he said, reiterating an already familiar claim that Indonesia was opposing Islam and defending the United States. "Everything is based on an order."

Lawmakers, for their part, hoped that Bashir's supporters would accept the verdict.

"The punishment was meant to serve as a deterrent and had to do with Bashir as a person, not as a Muslim," said Gayus Lumbuun, a lawmaker from the Indonesian Democratic Party of Struggle (PDI-P).

"Let's keep the peace. We must all contribute to a climate of peace and security, not always looking at our differences or falling apart." Nurhayati Ali Assegaf, from the ruling Democratic Party, underscored the idea that the case had nothing to do with religion.

"[Bashir's crimes] were his own failings for which we hope the punishment will elicit remorse at the end of the day," Nurhayati said.

"I hope the intelligence community can work optimally to detect threats early, particularly from terrorist actions that must never be connected to any religious teaching."

[Additional reporting by Farouk Arnaz, AP & Antara.]

Supporters blame verdict on 'sinister conspiracy'

Jakarta Globe - June 17, 2011

Ulma Haryanto – For most of Abu Bakar Bashir's zealous supporters, his conviction on terrorism charges on Thursday were part of an ongoing conspiracy against the cleric.

Bernard Abdul Jabbar, from the Indonesian Islamic Propagation Board (DDII), said he believed the verdict had been engineered by those "who oppose the struggle of Islam."

"Even though we are not part of JAT [Jamaah Ansharut Tauhid, Bashir's radical Islamic organization], we support and defend him and his cause," Bernard said on Thursday.

Sonhadi, a JAT spokesman, agreed that the ruling was part of a "sinister agenda" to frame Bashir. "They're afraid to see how Muslims listen to whatever he says," he said.

He added that from the beginning of the case, the JAT had suspected the charges were an excuse to punish Bashir, regardless of his innocence. "His family does not believe he's guilty," he said. "They know what Bashir was like at home and in his daily life. It is possible that he was used."

Another JAT member called the trial a joke. "They haven't looked for the truth, they only want to serve the interests of the current political power," he said.

Outside the South Jakarta District Court, where hundreds of Bashir's supporters gathered, the sentiment was just as bitter.

"We are here to pray for the judges and prosecutors," said one supporter wearing an Osama bin Laden T-shirt. "If there is no repentance from them, may God give them bitter pain on earth and in the afterlife."

Perhaps, however, Bashir's biggest supporter was himself. "They want me to disappear. And they want a verdict so that I will no longer be with the community – if possible for me to be killed," he said. "The benefit to them? To kill Islam, to kill defenders of Islam."

[Additional reporting by AFP & Reuters.]

Bashir jailing will not end threat: Analysts

Agence France Presse - June 17, 2011

The jailing of radical Indonesian cleric Abu Bakar Bashir on terrorism charges will not diminish his influence on militant extremists unless he is strictly controlled behind bars, analysts said on Friday.

An Indonesian court jailed the wiry old preacher for 15 years on Thursday after a four – month trial for funding a terrorist group that was planning attacks against Westerners and political leaders.

It was the culmination of a decade of trials and allegations against the 72-year-old alleged co-founder of the Jemaah Islamiyah terror network responsible for a string of attacks including the 2002 Bali bombings that killed 202 people.

Many expect him to die behind bars but International Crisis Group analyst Sidney Jones said it was not the end of the Bashir story.

"I think the officials need to ensure that he does not lead a regular praying session from inside," she told AFP. "He's got to be treated like a high – risk individual rather than a celebrity. The challenge is to keep him from contact with other inmates who could be affected by his preaching."

It is a challenge Indonesia has ignored in the past, according to senior police, who say the mainly Muslim country's so-called deradicalisation programme has been an arrant failure.

Independent studies of the country's prisons have shown they are breeding grounds for groups such as Jemaah Islamiyah and Bashir's latest creation, the extremist Jemaah Ansharut Tauhid, founded in 2008.

Prison mosques are used to spread jihadist messages, convicted terrorists form "shadow governments" inside jails, and radical ideologues such as Bashir are allowed to run religious studies sessions and use mobile phones.

Research released last month by the Australian Strategic Policy Institute found recidivism was a major concern, as was the radicalisation of the non-jihadist inmate population and even the guards.

Indonesian terror expert Mardigu W. Prasantyo said an inmate like Bashir should be banished to a "remote island" to keep him from doing more harm inside the notoriously corrupt and poorly managed prison system.

"Terrorists who are imprisoned here become first-class citizens. The toughest thugs in prison are even afraid of them," he told AFP. "The inmates don't see them as having committed any crime. They're good at praying, have gentle eyes and they become shoulders to lean on."

Many analysts say that an effective police crackdown on Jemaah Islamiyah has diminished Bashir's influence and led to a dangerous splintering of Indonesian jihadist groups into harder to track freelance cells.

But Prasantyo estimated the bearded, bespectacled cleric still had about 35,000 fanatical followers who would hang on his every word, whether he is behind bars or not.

Prosecutors had demanded a 20-year life sentence for Bashir, who was found guilty of channelling about $50,000 to the so-called Al Qaeda in Aceh group in 2009. Police say the outfit was planning assassinations and Mumbai-style attacks by highly trained suicide gunmen.

Bashir rejects all allegations of materially supporting terrorists, but openly calls for jihad against the West and Indonesia's secular national ideology.

For decades he has agitated in mosques, Islamic schools and through radical groups for the creation of an Islamic state under strict sharia law. Previous stints behind bars have done nothing to reform his thinking.

"I reject this [sentence] because it is cruel and disregards Islamic sharia law. This ruling is by the friends of the devil and it is haram (forbidden) for me to accept it," he said in response to the judge's ruling.

University of Indonesia expert Andi Widjajanto said even if Bashir is effectively neutralized behind bars, a new spiritual leader would take his place as the patriarch of local militants. "The new leader will try to prove he's worthy by launching a big attack of some sort," he said.

Bashir: Father of militant Islam in Indonesia

Agence France Presse - June 16, 2011

Abu Bakar Bashir is regarded as a spiritual leader of militant Islam in Indonesia and is a vocal supporter of Al Qaeda-style jihad, but the 72-year-old has always denied being a terrorist.

On the contrary, the fiery but frail preacher accuses the United States, its allies and Jews everywhere of terrorism against Islam – and says waging war against them is every Muslim's duty.

Bashir on Thursday was jailed for 15 years for funding a terrorist group that was planning attacks against Westerners and political leaders in the world's most populous Muslim-majority country.

True to form, he rejected the verdict as the work of the devil, demonstrating to his fanatical supporters that he believes the rule of law as enshrined in the country's secular, democratic constitution does not apply to him.

"This is haram [forbidden in Islam]. I reject this because it is cruel and disregards Islamic Shariah. This ruling is by the friends of the devil and it is haram for me to accept it," he told the judge.

An alleged founder and chief ideologue of regional terror network Jemaah Islamiyah, Bashir is no stranger to prison cells after a lifetime of agitation against Indonesia's secular authorities.

The bespectacled cleric was active in Islamic student organizations in the early 1960s in his home town of Solo, Central Java, before founding Al Mukmin Islamic school in 1972 at nearby Ngruki.

Many of the scores of Islamists tried and convicted on terrorism charges in Indonesia over the past decade have been alumni of the school or others like it.

Bashir and his close friend, Abdullah Sungkar, both of Yemeni descent, were jailed by the Suharto regime from 1978 to 1982 for inciting people to reject the secular national ideology in favour of an Islamic state.

They fled to Malaysia in 1985 when the Supreme Court granted a prosecution appeal for a longer sentence. It was there, according to prosecutors, that JI was born in 1993.

With the ouster of Suharto in 1998 and the advent of a more liberal, democratic system, Bashir devoted more time to the Indonesian Mujahideen Council, an umbrella group which seeks Islamic law for Indonesia.

The 2002 Bali bombings thrust Indonesia into the front lines of the "war on terror". Blamed on JI militants, they forced Jakarta to accept US and Australian help to train local counter-terror police.

The underground network splintered under the pressure of arrests and killings, giving birth to even more radical offshoots and loosely affiliated elements that continue to undermine Indonesian security.

Bashir served almost 26 months behind bars for conspiracy over the Bali bombings that killed 202 mainly Western tourists, including 88 Australians.

But that conviction was overturned in the Supreme Court after his release in 2006 and no other allegation of terrorism – including suspected roles in deadly bombings in 2000 and 2003 – has ever been upheld in court.

He went quiet for a couple of years before returning to the Islamist limelight in 2008, when he formed a new radical group and led prayers at the funerals of two of the executed Bali bombers.

The new group, Jemaah Ansharut Tauhid, claims it is a legitimate body set up to help Muslims and promote Islamic law. But police say JAT is merely a front for a new campaign of terrorism.

Freedom of religion & worship

Two groups in tension over Ahmadiyah

Jakarta Post - June 20, 2011

Makassar – Through their leaders, the Islam Defenders Front (FPI) and the Pancasila Youth in Makassar signed a peace pact before police officials. The tension originated from a misunderstanding between the groups' members.

Pancasila Youth regional secretary Andi Azikin said FPI members misinterpreted the situation when they saw Pancasila Youth by an Ahmadiyah Mosque. "The FPI members thought we were defending the people at the Ahmadiyah mosque. The truth is we are not involved in Ahmadiyah issues," Azikin said Sunday.

The FPI was reportedly at the site to prevent people from performing prayers at the mosque.

According to witnesses, FPI members provoked Pancasila Youth activists. Pancasila activists were then forced back to their headquarters where they allegedly planned to respond.

Ahmadiyah devotees have been subject to much discrimination in the country and the FPI has been active in suppressing the Ahmadiyah people.

Ahmadiyah to be banned in South Sulawesi

Jakarta Post - June 18, 2011

Makassar – South Sulawesi Governor Syahrul Yasin Limpo has approved a proposal to ban Ahmadiyah activities in his province.

A gubernatorial bylaw will be deliberated together with representatives of Muslim community organizations in the province, the governor said Thursday. The approval apparently responded to demands by the Muslim organizations, including the Nahdlatul Ulama and the Muhammadiyah, which consider the Ahmadiyah sect heretical.

"The gubernatorial decree will consist not only of the banning but also of ways to encourage Ahmadiyah members adopt mainstream Islamic teachings," Syahrul said.

HRW 'deeply troubled' by police's Ahmadiyah attack investigation

Jakarta Globe - June 17, 2011

Human Rights Watch has criticized Indonesian authorities for failing to uncover the people behind February's brutal attack on the Ahmadiyah community in western Java.

In a statement obtained by the Jakarta Globe, the New York-based nongovernmental organization calls on police to mount a "full investigation" into the deadly religious violence that left three members of the minority religion dead and another five seriously wounded.

The attack by a mob of 1,500 people on 20 Ahmadis in Cikeusik was captured by an amateur cameraman and uploaded on YouTube.

HRW deputy Asia director Elaine Pearson says courtroom testimony during a hearing on June 9 indicated that Umbulan village head Johar and Ahmad Baghawi, the [head of a] local branch of the Indonesian Council of Ulema (MUI), played roles in setting Feb. 6 "as the date to forcibly remove the Ahmadiyah from Cikeusik."

"It is deeply troubling that police investigations into the brutal beating deaths of three people for their religious beliefs did not uncover who was behind the attacks," Pearson says. "For justice to be complete, investigations should not stop at the 12 defendants, but include all those playing a role in this horrific attack."

HRW also urged Indonesia's Judicial Commission to monitor the trials of those charged, saying it "would acknowledge the importance of the case for the rights of religious minorities in Indonesia as well as concerns about the conduct of the proceedings."

"Indonesia has often failed to successfully prosecute crimes targeting religious minorities, exacerbating a culture of violent persecution," Pearson said. "The [Judicial] Commission should monitor these trials to strengthen justice in response to anti-Ahmadiyah attacks."

Twelve people allegedly involved in the attacks face a number of charges, including assault causing death, which carries a maximum sentence of 12 years in jail, but none have been charged with murder or manslaughter.

"Violence against the Ahmadiyah community and other religious minorities is common in Indonesia, yet the Indonesian government has failed to seriously address the problem," Human Rights Watch says.

"Despite the high-profile nature of the case, the conduct of the trial so far has raised concerns that the religious beliefs of the victims might affect the outcome of the trials."

HRW says an eight-minute video clip uploaded on YouTube shows one of the judges "berating" an Ahmadiyah witness, Deden Sujana, about his religion.

"Defense lawyers have asked inappropriate questions of some witnesses - such as probing Sujana's religious faith – in an apparent effort to intimidate them, with no interference from the judges. Outside the courtroom, a defense lawyer told reporters that Sujana must be "bullied till he shits" ["digencet hingga mencret"], but has suffered no rebuke from the court."

In a separate trial, the Serang District Court is hearing the case against Sujana for alleged involvement in provoking the attack. Prosecutors have called for a six-year prison sentence on charges of incitement, disobeying police orders, and maltreatment (less serious assault). Human Rights Watch urged the Judiciary Commission to monitor Sujana's trial along with the others.

"If Indonesia's courts deal properly with these cases, it could go a long way toward protecting religious minorities in the country," Pearson said. "The [Juticial] Commission should send representatives to monitor the trials to ensure justice is done for all parties involved."

Islam & religion

Nation's largest Muslim group laments 'waning influence'

Jakarta Post - June 20, 2011

Jakarta – The leading lights of Nahdlatul Ulama (NU) say that Indonesia's largest Muslim organization is fragmenting and sliding into irrelevance in the reform era.

Wahid Institute director Yenny Wahid, the daughter of former Indonesian president and NU chairman Abdurrahman "Gus Dur" Wahid, said that the organization had failed to take independent stances in the reform era.

"NU has been facing the worst fragmentation of the movement since the reform era. In this supposedly democratic era, NU seems nervous to be independent. It ignores the interests of its major members, both as an organization and a political group," Yenny said at a recent discussion on NU and the future of Indonesian politics.

"NU's members are everywhere. Some of them even have strategic posts but they cannot fight for the interests of NU's followers [ummat]," she said.

The discussion was also attended by other senior NU members with prominent political roles, including Constitutional Court chief Mahfud MD, former women's empowerment and child development minister Khofifah Indar Parawansa, former NU leader Hasyim Muzadi and Ulema National Awakening Party (PKNU) chairman Choirul Anam.

Yenny told the audience of the heyday of NU's influence in 1955 when it finished third in Indonesia's first direct general election. At that time, Yenny said, no government could be stable without the backing of NU.

"NU could also declare its stance without depending on other parties and it was courageous to oppose others. Today, everyone seems to have their own interests," she said.

Hasyim said that independence was at the core of NU's spirit and the organization needed independent people.

Today, the NU cannot be separated from the National Awakening Party (PKB), which was created in 1998 for NU members who wanted to engage in politics after religious political parties were sidelined or restricted during the New Order. The PKB helped propel Gus Dur to the State Palace in 1999.

The party split in two after PKB chairman Muhaimin Iskandar and PKB secretary-general Lukman Edy held an extraordinary congress in May 2008 that removed Gus Dur and Yenny from the party's leadership.

A rival congress held by Gus Dur's camp just a few days earlier dismissed Muhaimin and elected Ali Masykur Musa as his replacement while appointing Yenny as secretary-general.

PKB has been in the coalition with the government since the 2009 elections. In March, PKB recalled two legislators, Lily Wahid and Effendi Choiri, after the pair supported a House inquiry of graft allegations at the tax office that was rejected by the PKB and the Democratic Party, its coalition partner.

Hasyim said that a lack of political orientation had led to divisions inside the PKB.

NU's political role, however, has long been debated inside the organization. NU legislative chairman Sahal Mahfudz said he wanted to save NU by enforcing khittah, the principle that NU should avoid party politics, and focus more on education, health and social programs after his re- election to a third term in 2010.

Sahal also cited politics and personal interests as a stumbling block, criticizing Hasyim for political moves he said were "uncomfortable". (swd)

Civil service & bureaucracy

Cutbacks urged for civil servants, contract workers

Jakarta Globe - June 22, 2011

Arientha Primanita – The home affairs minister urged regional administrations on Wednesday to tighten their purse strings and reduce the number of contract workers in their ranks.

Speaking at the State Palace, Gamawan Fauzi said the practice of hiring contract workers to fill minor government positions, such as teachers, village leaders and nurses, was putting a strain on the state's finances.

"Contract workers only pose a burden to the regional budgets," he said. "There are still regions hiring contract workers while we stopped the program in 2006." Gamawan said he had sent out a reminder to regional heads to stop hiring contract workers.

Most of the contract workers, who receive low salaries and lack the benefits enjoyed by civil servants, have in the past few years pushed the government to improve their status to full-time employees. Some have worked for decades on renewed short-term contracts.

Gamawan said an average of 39 percent of regional budgets were being spent on salaries and officials' expenditures, while capital expenditure only accounted for 20 percent. "This means that the regional budgets have not been used optimally for the interests of the public," he said.

Bambang Shergi Laksmono, dean of the Social and Political Sciences Faculty at the University of Indonesia, said the government needed to conduct a nationwide survey of civil servant deployment. "There must be a mapping of the numbers, posts and qualifications of all the civil servants in the country," he said.

Bambang said the problem with the government workforce was that workloads were often uneven and many did not have the proper qualifications to do their jobs. "There must be better selection and proper placement of the employees so that it does not cause problems in the government's performance."

Gamawan said that compared to other countries in the region, the ratio between civil servants and population served was still low, at around 2.4 to 100.

Finance Minister Agus Martowardojo, meanwhile, said the number of civil servants was too high and a burden on the state budget with the outlays on salaries, pensions and insurance.

"Regarding civil servants, we have to be cautious because the number is already high enough and we are hoping there is a program to reform the bureaucracy to increase our civil servants' productivity," he told private broadcaster SCTV.

The minister said that many of the routine budget allocations for provincial administrations were spent on salaries, even though their budgets were limited and, consequently, did not leave enough funds for completing infrastructure projects.

"There is a region where 70 percent of the budget is used just to pay civil servants' salaries," he said without giving further details.

"If we are not careful, the cost of civil servants, which is not only related to salaries, will also affect other institutions such as Taspen [the state-owned pension fund] and Askes [the state health insurance company] because of a poorly planned increase in the number of civil servants," he said.

He also advised the Home Affairs Ministry to improve the selection processes for hiring civil servants.

Minister: Reduce the number of civil servants

Antara News - June 22, 2011

The Finance Minister on Wednesday said that number of civil servants (PNS) is too high, burdening the state budget because of the outlays on salaries, pensions and insurance.

"Regarding civil servants, we have to be cautious because the number is already high enough and we are hoping there is a program to reform bureaucracy to increase our civil servants' productivity," Agus Martowardojo told SCTV.

He said a lot of routine budget allocations in provinces were spent on PNS salaries even though the budget was limited – consequently, leaving not enough budget behind for infrastructure projects.

"There is a region in which 70 percent of its budget is used to pay for civil servants' salaries," he said.

"If we are not careful, the cost of civil servants, which is not only related to salaries, will also affect other institutions such as Taspen [state pension insurance company] and Askes [state health insurance company] because of a poorly planned increase in the number of civil servants," he said.

He also advised the ministry to improve the selection processes for civil officers. "We unconsciously keep increasing the number of civil officers with a very simple process, while it has to be conducted through a refined process."

Jakarta & urban life

Governor Fauzi receives low job approval rating

Jakarta Post - June 22, 2011

Jakarta – Jakartans have given a low job approval rating for Governor Fauzi Bowo and his deputy Prijanto, especially in their handling of Jakarta's perennial problems involving traffic congestion and flooding, a poll has determined.

The survey, conducted by Lembaga Survei Nasional (Median) and Lingkar Sejahtera Jakarta (LSJ), revealed that more than 70 percent of respondents have given Fauzi and Prijanto a failing grade in their handling of traffic management and flooding in Jakarta.

The survey found that 76.61 percent of respondents thought that Fauzi and Prijanto did a terrible job in reducing congestion in the city, while 73.2 percent considered they were doing a poor job in handling problems associated with floods.

Only 29.4 percent of respondents said that the administration under Fauzi had performed well in providing decent public transportation, the pollsters said in a statement made available to The Jakarta Post on Tuesday.

For the survey, Median and LSJ interviewed 975 Jakartans, selected through a multi-stage random sampling process between June 10 and 15. The margin of error for the survey is estimated at 3.2 percent.

The administration, however, received a higher approval rating in its efforts to provide public service and sanitation. In terms of public service, 33.4 percent of respondents thought Fauzi had done a good job. On sanitation, the approval rating was only 41.4 percent.

"The governor's weakest performance was on public welfare, one of three fields studied in the survey. The other two fields were administrative services and the economy," researcher Rico Marbun said in the statement.

The city administration said that the survey could serve as an impetus for improvment. "If the research institutes carrying out this survey are credible, we can consider their findings motivation for us. However, I do not know if [the findings are] politically motivated," administration spokesman Cucu Ahmad Kurnia told the Post.

Cucu said that the city administration had done its best to improve life in the city. "The governor does not do this alone. He has so many subordinates in many agencies working together for the city," Cucu said.

Fauzi told reporters last week during a press briefing that his government faced tremendous challenges in handling flooding and traffic problems, arguing that Jakarta had seen increasing demands, which grew faster than the government's capacity to deal with them. Fauzi said that flooding and congestion required long-term comprehensive efforts that might span the next five decades.

The city is planning to provide a high-capacity public transportation system in the form of the mass rapid transit (MRT) project and adding more bus rapid transit (BRT) routes to help address transportation needs in the near future. Jakarta is set to begin work on its first-ever MRT worth a total of %144 billion (US$1.78 billion) next year.

Work on supporting the East Flood Canal and repairing dozens of damaged areas on the city water channel network are also underway. The canal is expected to be able protect around 3 million citizens from annual floods and the anticipated five-year flooding.

With a population of more than 9.5 million people and around 28 million in the satellite areas of Bogor, Depok, Tangerang and Bekasi, Jakarta is one of the world's so-called "mega-cities".

Congested Jakarta must embrace public transportation: Fauzi

Jakarta Globe - June 21, 2011

Dofa Fasila – As the Indonesian capital enters the ripe old age of 484 years, its governor stated the obvious on Tuesday: Jakarta has an acute shortage of public transport.

Governor Fauzi Bowo said there were 7.34 million vehicles in the city, but public transport only accounted for just 2 percent of them. Fauzi said the number of vehicles in the capital has grown by 9.5 percent annually in the past five years.

He said that despite only accounting for 2 percent of the vehicles in the city, public transportation provided 56 percent of trips while the far more numerous private vehicles only accounted for the remaining 44 percent.

The city also had to cope with 650,000 vehicles coming every day from the surrounding areas to transport commuters.

The rapidly growing number of vehicles has led to serious congestion, Fauzi said, adding that this congestion inflicted an estimated loss of up to Rp.17.2 trillion ($2 billion) a year in terms of time wasted, fuel and health costs.

The capital has a total of 7,650 kilometers of roads covering 40.1 square kilometers, with an annual growth in new roads of only 0.01 percent, he said.

The proportion of space occupied by roads in Jakarta stands at a paltry 6.2 percent, further aggravating the problem. Major metropolises Paris, Tokyo and Singapore had ratios of 24 percent, 22 percent and 12 percent respectively, and those cities also had much better public transport systems, Fauzi said.

"Efforts have been made to overcome the congestion, including by reducing the congestion-prone spots, ridding the city of illegal parking, illegal transportation terminals and private traffic directors," Fauzi said.

He also said that efforts were being made to increase the popularity of the TransJakarta busway system by improving services, reducing travel times and shrinking the gap between buses, as well as expanding the network.

"Regarding the busway, we are continuously improving its management, and more and more people are now using the busway," he said.

Another corridor, linking Kampung Melayu to Pulo Gebang, both in East Jakarta, is scheduled to be opened before the end of the year, he said. The current busway network serves 10 corridors.

Fauzi pointed out that the city administration was also in the process of building elevated highways to link the Antasari area to Blok M in South Jakarta and Casablanca in South Jakarta to Tanah Abang in Central Jakarta, as part of the expansion of Jakarta's street network.

He also said that the mass rapid transport project – a rail service – will begin the construction of its first phase, linking Lebak Bulus in South Jakarta to Dukuh Atas in Central Jakarta, next year, and the line is expected to begin operation in 2016. A second line, linking Dukuh Atas to Kota in West Jakarta was also planned for much later.

In an effort to alleviate the burden of the inner city toll road, the administration has also banned access by heavy trucks, he said, adding that the measure appeared to have produced good results.

1000 traffic accident deaths reported in Jakarta during 2010

Antara News - June 22, 2011

Around 1,000 people died in traffic accidents in the capital city of Jakarta and its environs in 2010, according to the Jakarta Metropolitan Police.

"Every day we received three to four reports of deaths in traffic accidents," the traffic director of the Jakarta Police, Senior Commissioner Royke Lumowa, said on Tuesday.

Royke said the incidences of traffic-related deaths in the city was quite high, and serious efforts were needed to bring the situation under control.

According to Royke, most of the accidents that led to deaths were caused by undisciplined motorists and poor road conditions. He said most of the deaths were motorcycle-related, and involved individuals aged 16 to 25 years old.

Royke said he would seek solutions to the problem with stakeholders, which include setting up traffic signs correctly and improving road conditions. The Jakarta Police recorded 299 deaths in traffic accidents from January to May this year.

Here is the data according to the Jakarta Police:

2010 - 1,005 died
2009 - 1,017 died
2008 - 999 died
2007 - 1,169 died
2006 - 1,128 died
2005 - 1,118 died

City in uphill battle to clean polluted rivers

Jakarta Globe - June 22, 2011

Elisabeth Oktofani & Dofa Fasila – A city official has admitted that there would be no end to the dredging of Jakarta's rivers as long as people keep dumping waste in them.

Suprapto, head of rivers and coastal areas at the Jakarta Public Works Office, said on Tuesday that no amount of clean-up efforts would suffice as long as residents continued to choke the city's waterways with trash. "Every day the Public Works Office dredges up to 27,000 cubic meters of plastic trash from Jakarta's rivers," he said.

"We might have the necessary equipment to keep doing it, but every day there's just more and more plastic waste in the water. So it's really up to the citizens to dispose of their domestic waste properly, whether plastic or liquid, because the city is already doing all its can to clean up the rivers."

He added that besides degrading water quality, the trash also hampered the flow of the rivers, making them flood more easily during heavy rains.

"The damage to river basin areas and the subsequent flooding are basically due to the constriction of the water flow because of the amount of waste being dumped," he said.

"Take the Pesanggrahan River [in South Jakarta], for instance. The water quality there is exceptionally bad. Since 2008, we've had to dredge it three times just to restore normal water flow."

Rusman Sagala, head of conservation and environmental management at the Jakarta Environmental Management Agency (BPLHD), said the Pesanggrahan was heavily polluted with both biological and chemical contaminants.

"According to our data, 82 percent of the pollution in the river comes from domestic waste, either the liquid or plastic," he said. "That's because all the waste is going directly into the river untreated."

He added it was important for citizens to break the habit of dumping waste into waterways.

"We can't keep our eyes on all Jakarta residents, 24 hours a day, fining them for throwing waste into the rivers," he said. "That's impossible, so that's why we need urge citizen involvement to address this issue."

Separately, Jakarta officials welcomed an offer by private water operator Aetra to revise its contract with the city, which officials previously complained would have left the city with mounting debts.

"I appreciate Aetra's offer to revise the contract that thus far has tended to be to the city's disadvantage," Governor Fauzi Bowosaid. "I hope the city's other water operator now follows suit," he added, referring to PAM Lyonnaise Jaya (Palyja).

Under the current contract, the city subsidizes Aetra for providing piped water to residents. That leaves it unable to raise prices for consumers until a minimum standard of service has been attainted.

The proposed revision would tie the payment of subsidies to the operator's performance in providing a reliable water supply and bringing in new customers.

Mohamad Selim, Aetra's president director, said revising the contract would not be to the company's detriment.

"I'm optimistic that Aetra won't lose out, even taking into account inflation and rising costs of production," he said. "We've calculated the risks and found that we will still stand to profit."

Concern at 'alarming' state of Jakarta's waterways

Jakarta Globe - June 19, 2011

The Jakarta Administration has expressed concerns about the "alarming" condition of the waterways that crisscross the capital, most notably the Ciliwung River.

Peni Susanti, head of Jakarta's Environmental Agency (BPLHD), told Berita Jakarta, the city's official news portal, that the pollution and illegal dumping of trash were the major factors behind the condition of the rivers.

There were currently 108 illegal waste disposal sites that began from near the University of Indonesia till the river flowed into Jakarta Bay, Peni said.

The city had only been able to close ten of the sites since 2009, she said.

"We have encountered many difficulties. One of them is the unavailability of access towards the illegal waste disposal locations. Therefore, our main focus is to build access to the locations first."

Peni was speaking during a "2011 Stop Littering" campaign in South Jakarta on Sunday. Its theme is "My River, My Front Yard."

She said littering on the riverbank breached city bylaws that carried sanctions of three months in jail or fines of Rp 5 million.

The Ciliwung is one of the world's most polluted rivers. Few if any companies have ever been charged with dumping industrial waste into the fetid river, which is still used by many for bathing.

Armed forces & defense

Kontras rates candidates to lead Army

Jakarta Post - June 21, 2011

Jakarta – Army Strategic Reserve Command (Kostrad) commander Lt. Gen. Pramono Edhie Wibowo is tied for second place on a top rights group's list of candidates to be the next Indonesian Army chief.

The Commission for Missing Persons and Victims of Violence (Kontras) ranked Pramono – President Susilo Bambang Yudhoyono's brother-in-law – behind the candidate in first place, Army deputy chief of staff Lt. Gen. Budiman. Pramono was tied with Army Educational and Training Command chief Lt. Gen. Marciano Norman, according to Kontras' assessment.

"However, according to our assessment, which used five criteria, none of the seven candidates have shown a strong commitment to human rights or serious concern on military reform," Kontras coordinator Haris Azhar told the press on Monday.

He said Pramono should not be appointed as the Army's new chief since he scored lower than Budiman and due to his family ties and poor human rights track record.

Pramono was accused of human rights violations when he led an Army Special Forces (Kopassus) team in Timor Leste in 1999 when more than a thousand civilians were killed during a referendum on independence.

The President must appoint a replacement before outgoing Army chief Gen. George Toisutta retires on June 30.

Judicial & legal system

Constitutional court powers rolled back with revision

Jakarta Globe - June 22, 2011

Anita Rachman & Ulma Haryanto – The House of Representatives on Tuesday passed a revision of the 2003 Constitutional Court Law that will significantly curtail the bench's authority, including a restriction on issuing verdicts beyond what has been requested of it.

Achmad Dimyati Natakusumah, deputy chairman of the House Legislation Body, told a plenary session that the Constitutional Court was not a lawmaking body and therefore should only hand down rulings on articles it had been asked to review.

The court should also limit its verdicts to declaring whether laws or articles ran counter to the Constitution, he added, and refrain from recommending alternative legislation. "The court can throw out an entire law or annul certain articles but not clarify the regulation in question," he said.

Achmad cited a Constitutional Court verdict on Monday that clarified an article in the Law on the Corruption Eradication Commission (KPK), giving the chairman of the body three more years at the helm instead of the one year as afforded by law.

Also decided by the House, justices should now at least have a master's degree in law and be between 47 and 65 of age when recruited, while the retirement age would be set at 70 years.

The chairman and deputy chairman positions at the court would have terms of two and a half years, with a single extension possible.

The revision would also limit the court's authority to review electoral cases, Achmad said. Specialized courts would be set up to deal with poll disputes as outlined in an upcoming revision of the Law on Regional Elections.

He said the Honor Council, the Constitutional Court's monitoring body, should include representatives from the Supreme Court, Judicial Commission, House of Representatives and the central government.

"This composition is meant to provide balance, professionalism and fairness," Justice and Human Rights Minister Patrialis Akbar said of the council's membership.

The minister said none of the revisions in the law were aimed at weakening the court, but were instead meant to strengthen it. "Every revision was based on our experience," he said. "We are not limiting it, but restoring the court's true authority."

Even though the people had the right to file judicial reviews against the revisions, "we hope that the court will not have to judge itself," Patrialis said.

However, A. Irman Putrasidin, a constitutional law expert, said he believed many people would be disadvantaged by the changes and urged the public to file challenges. "And the Constitution allows the Constitutional Court to review any law, including about itself."

Laode Syarif, from the government reform advisory body, Kemitraan, meanwhile, said even the drafting process for the revisions had been flawed.

"There wasn't enough public consultation, it was passed in a hurry and we never saw its academic draft," he said, calling on the public to pressure the government to cancel the changes.

Former Justice Minister Yusril Ihza Mahendra backed the revisions, particularly those that limited the court's scope to only handle requests. "Principally, judges are not allowed to pass rulings that are not outside, or more than, what is requested," he said.

He added that when the initial law was drafted, the Constitutional Court could only endorse vote tallies and not rule on electoral disputes. "But instead, it issued a ruling for an election to be re-held, even disqualifying candidates," Yusril said.

Mahfud confirms Arsyad's involvement in two court cases

Jakarta Globe - June 22, 2011

Camelia Pasandaran – Constitutional Court Chief Justice Mahfud M.D. confirmed on Wednesday that disgraced former Justice Arsyad Sanusi had been implicated in two court cases involving bribery and forgery.

"From all [election] cases at the Constitutional Court, internally we only found two violation cases, and both of them involve Arsyad," Mahfud said at a news conference at his office.

According to Mahfud, the first court case involves Arsyad and his daughter Nesyawati. Arsyad and his daughter allegedly accepted bribes from disgraced South Bengkulu regional head candidate Dirwan Mahmud in exchange for a favorable ruling in his 2008 run for South Bengkulu district head.

The second case centers around a fake court letter that awarded former legislative candidate Dewi Yasin Limpo the winning number of votes, wrongly securing Dewi a seat in the House of Representatives (DPR). The fake letter, dated August 14, was handed out at a General Elections Commission (KPU) meeting by former KPU member Andi Nurpati.

Recently, Constitutional Court Secretary General, Janedjri M. Ghaffar, told the House the letter was written in Arsyad's house on August 16.

Court staff Mashuri Hasan was reportedly the one who printed and registered the outgoing letter at the court. After scanning the signature of court clerk Zainal Abidin, Hasan placed the forged signature on the letter and submitted it to Arsyad's house.

However, on August 17, after consulting with Mahfud M.D, Mahfud told Hasan to draft a correct right letter based on the court ruling, and to have it delivered to Andi. The court staffs then took the letter to Andi, who was in JakTV, but Andi refused to receive it stating the letter not in the correct format. The letter was finally accepted by Andi's driver Aryo.

Although Andi was in possession of the correct letter, Andi brought the fake letter to the meeting and decided to grant a seat to Dewi amid a chorus of complains from the Election Supervisory Board (Bawaslu). The decision, however, was canceled in September after the court issued another letter explaining the real situation.

According to Mahfud, Arsyad threatened to reveal the ill-workings of the constitutional court twice.

"Arsyad in the past also threatened [to reveal the irregularities at the court]. In the case of Dirwan Mahmud, Arsyad revealed that Dirwan went to his house, which was orchestrated by Nesyawati," Mahfud said. "He cried in the justice meeting and threatened to destroy the court. I told him please do it."

Among Arsyad's browbeating remarks, he threatened to inform the public that Mahfud often met Bambang Widjojanto and Bibit Samad Rianto at his house. He also threatened to disclose that Mahfud was the one who asked him to tell Dewi Yasin Limpo not to report the incident to the police.

"Arsyad also said that the justice administration at the Constitutional Court is far worse than the Supreme Court," Mahfud said. "Indeed because the administration is good here, we found the fake letter case."

Mahfud said that the case left him disheartened because both court staff members involved, Mashuri and another staff named Mahfud, were actually good people.

"Good people here become his victims," Mahfud said. "They were good before being Arsyad's staff."

In addition to acknowledging Arsyad's involvement, Mahfud also confirmed that Andi Nurpati has been accused of embezzlement and forgery in the same case. "She was the one who showed the letter in the KPU meeting, as testified by a Bawaslu member," Mahfud said.

Mahfud said that he agreed the case should be handled through both political and legal tracks, but said the court would not get involved in the police investigation process.

"All who are involved have been punished morally," Mahfud said. "If the police want to forget the case, it is not our business. But if the House wants to really reveal the case, I'm ready to give additional explanations or material. But if they're lazy and want to politicize the case, please do."

House ruling restricts Constitutional Court's authority

Jakarta Globe - June 21, 2011

Anita Rachman – The House of Representatives on Tuesday passed an amendment to the 2003 Constitutional Court Law, officially limiting the court's authority in the future to verdicts that are non ultra petita, or not beyond the request.

Achmad Dimyati N, the deputy chairman of the House Legislation Body, told the plenary session that the Constitutional Court was not an active legislator, but rather "a negative one."

As well as forbidding the court from issuing ultra petita verdicts, those "beyond the request", it also ruled against the court changing articles in a law. Therefore, the court can throw out an entire law or annul certain articles, but not clarify the regulation in question.

Lawmakers had argued that the court, headed by the outspoken Mahfud MD, at times had gone beyond its basic mandate. Thus, they claimed that the amendments were only efforts to draw a clearer line of who could legislate.

Dimyati also mentioned that the judges would serve for 2 years and six months in the court and were required to hold masters degrees of doctorates in law.

"The age range for the court's judges is 47 years to 65," Dimyati said. Court's judges will retire when they are 70 years old.

Dimayati said that the Honarary Council for the court would consist of five elements – the Supreme Court, Judicial Commission, Constitutional Court, House of Representatives and government.

Justice and Human Rights Minister Patrialis Akbar the council was expected to monitor judges at the Constitutional Court. "This composition is meant to keep the balance, professionalism, and fairness," he said. "Every institution must be monitored."

Police & law enforcement

Police reform 'fails' to show progress

Jakarta Post - June 18, 2011

Jakarta – After 13 years of the ostensible reform in the National Police, the institution remains one of the most corrupt institutions in the country, critics said ahead of the force's 65th anniversary early next month.

Indonesian Human Rights Watch (Imparsial) executive director Poengky Indarti said corruption perception surveys such as Transparency International Indonesia's persistently positioned the National Police among the most corrupt institutions in the country.

"This evaluation is a 'gift' for the National Police on their upcoming 65th anniversary on July 1," Poengky said at a discussion on police reform in Jakarta recently.

When president Soeharto was forced from power in 1998, the institution committed to reforms. In 1999, the National Police were officially separated from the military. Previously, the National Police were under the Indonesian Armed Forces (ABRI), which comprised the Army, the Navy, the Air Force and the Police.

Police observer Bambang Widodo Umar said that after the police force's separation from the military, the police had undergone some changes – mostly physical – such as better buildings, and better and more cars. "However, the changes aren't evident in their behavior. In fact police behavior has degraded," he said.

"[Before 1998], the police were still afraid [of doing wrong] because of the long arm of the Military Police. But now, they are not afraid because the investigators are their own friends," the former police officer said.

Bambang said the police's role as investigators had to be revised. "In continental law, police do not also function as investigators but only as magistrates or a prosecutorial assistants because an investigator has to be a law graduate," he said, adding that the police's role as investigators was designed by Soeharto so he could benefit from it.

Bambang said notorious police behavior was a result of the police academy curriculum. "From the start cadets are indoctrinated to be proud to do 'challenging and heroic' duties like handling terrorism. They were not taught to do their basic functions: to protect, to serve and to guard civil society. Those functions are seen as 'soft duties'," he said.

Ahmad Yani from the House of Representatives Commission III overseeing legal affairs, said many problems in the National Police could be better monitored if the commission was more united.

"Less than 10 percent of the [Commission] lawmakers understand legal and police affairs. That's why they are only active when high-profile cases come up but never when more substantial issues occur," he said.

Yani suggested that candidates for National Police chief be nominated by the National Police Commission (Kompolnas), not by the government, and elected by the House. (swd)

Economy & investment

US companies refocus on shoe making in Indonesia

Jakarta Globe - June 22, 2011

Shirley Christie – At least one US shoe maker plans to build a factory in Indonesia, and other US companies are exploring opportunities to collaborate with local producers, to make footwear for both countries, an industry representative said on Tuesday.

"They are now exploring opportunities," said Edi Widjanarko, chairman of the Indonesian Footwear Association (Aprisindo), after meeting the Footwear Distributors and Retailers of America (FDRA) at the Ministry of Trade office in Central Jakarta. Edi said he knew of a plan by a US company to build one or two new factories here and that investment could happen as soon as this year.

The United States has been Indonesia's biggest overseas market for shoes in the past few years. According to data from Aprisindo, US consumers accounted for 22.6 percent of Indonesia's total $2.6 billion in footwear exports for 2010. Exports to the United States would grow at least 30 percent in several years, Edi said. Belgium and Germany were the next biggest export markets, after the United States, for Indonesia's footwear industry – each with 8.5 percent market share last year.

Matthew Priest, president of FDRA, said that US companies see great opportunity in Indonesia. "We search for new sourcing market and some of our members have been here for many years," he said. "For us, it is an educational process so that our members understand about the capacity and the opportunities lie in Indonesia."

The US group said that labor shortages in China were one of the challenges in investing there, and its members are increasingly exploring opportunities in other countries such as Indonesia, Vietnam, India and Ethiopia.

FDRA represents companies that account for about 80 percent of all footwear sales in the US, including brand names such as Skechers and Nike.

Indonesia's footwear industry reached its peak in 1996 with exports totaling $2.2 billion. In 1997, at the start of the financial crisis, companies shifted their investments elsewhere. But the industry has been making a comeback as Indonesia's economy improved. Since 2007, foreign companies have been returning to Indonesia by building factories in the country because of the country's competitive labor costs and skills.

"This is a fresh air for Indonesia, because the country is currently receiving attention from many countries," Edi said.

On Tuesday, the Ministry of Trade facilitated a meeting between Aprisindo and FDRA in which both groups agreed to create a memorandum of understanding in order to increase mutual interest between Indonesia and the United States.

Indonesia, the third-largest footwear exporter after China and Vietnam, exported about 300 million pairs of shoes wordwide last year, and shipments may increase to about 400 million pairs this year. The value of Indonesia's footwear exports globally would rise 23 percent this year to $3.2 billion, Aprisindo estimated.

"About seven to nine years ago, there were investments [in footwear industry] that exit from Indonesia to other country," Deputy Trade Minister Mahendra Siregar told the media after the meeting. "Now, our growth is getting better. Therefore, we see the interest [from foreign investors] is increasing gradually," he explained.

Analysis & opinion

Indonesian movies: So bad... but so good

Jakarta Globe - June 20, 2011

Marcel Thee & Tasa Nugraza Barley – The current dearth of Hollywood movies in our theaters has once again cast the spotlight on the Indonesian film industry's output, specifically the periodic release of horror films chock-full of cheap scares, cheesy stories and cheesecake shots of sexy actresses.

These movies are constantly decried for lacking any kind of value beyond titillation or terror. In fact, people seem to derive the most entertainment from saying the films' ridiculous titles out loud. Last year, we had "Hantu Puncak Datang Bulan" ("The Menstruating Ghost of Puncak"). Pretty soon, you'll be able to see "Pacar Hantu Perawan" ("The Virgin Ghost's Boyfriend").

The coalition of condemnation against these films ranges from high-brow cultural commentators, who say such movies are nothing but cheap schlock meant to pull a profit by appealing to the lowest common denominator, to members of the hard-line Islamic Defenders Front (FPI), who decry the films for containing what they consider pornographic content.

It's easy to conclude that everyone hates these movies, but that can't be true. If it were, then why would the movie studios keep making them?

Films are a business. Studios are making these movies because there is a strong demand for them.

Maxima Pictures is perhaps the most infamous movie studio in the country due to its cheap productions and propensity for hiring foreign adult movie actresses, such as Maria Ozawa, also known as Miyabi, to star in their formulaic productions.

It's a winning formula. Two of their films from 2009, "Paku Kuntilanak" ("Kuntilanak's Nail") and "Air Terjun Pengantin" ("The Bride's Waterfall"), sold 650,000 and 1.2 million tickets, respectively. By Indonesian standards, those are blockbuster numbers. Their films clearly cater to a specific but eager audience.

Who, exactly, are these seemingly invisible cinema-goers, who flock to films filled with cleavage, insipid to nonexistent storylines and gaggles of ghouls?

The simple answer is "high school kids and some young adults." That's according to "Rianty," a ticket seller at a South Jakarta cinema who did not want her real name to be used.

Though she was hesitant about providing a concrete answer, the 26-year-old coyly said that the people who come to see these movies over and over again do so because "when you're watching them, you're supposed to grab the person sitting next to you out of fear."

While the possibility for fear-fueled intimacy may entice some, there are some viewers who insist these films have some entertainment value.

"I really do think they are kind of enjoyable," said Benny, who was buying tickets for a weekend showing of "Pelet Kuntilanak" (roughly translated as "Love Voodoo Ghoul") at Daan Mogot XXI in Kalideres, West Jakarta.

According to the 22-year-old university student, cynics tend to pass judgment because they are ashamed to admit that, given the chance, they, too, would enjoy a bit of titillation and terror.

"It's because people feel that those films are below their social status, that only villagers and the less-educated would watch them," Benny said.

Rendy, a 32-year-old car salesman who came to the cinema to see "Akibat Pergaulan Bebas 2" ("Keeping Bad Company 2") with two of his male colleagues, said he was sure that it was pride preventing people from proclaiming their fondness for scary, sex-filled flicks.

"If a guy sees a sexy girl walk by, don't they secretly glance while at the same time making sure that no one knows they are looking?" he said. "It's the same with [films like 'Akibat Pergaulan Bebas']. If it wasn't embarrassing to watch, men would gladly flock to theaters."

Dania Bela, a high school student, said she and her friends often go to the cinema to watch these sexy horror movies. She said that while most are not very good, "at least they are entertaining."

"Most of these Indonesian horror movies are not really that frightening, but they can actually be very funny when you watch them with your friends," she said.

Dania said she and her friends did not have many alternatives to these films since Hollywood blockbuster movies had yet to return to local cinemas. She added that many of her male friends also enjoyed these movies because they featured beautiful, sexy women.

"I guess boys will be boys," she said. "No matter what the movie is, they will watch it if it features beautiful ladies."

David Cornelius Tan, who runs Filmoo.com, a local Web site dedicated to reviewing films, said horror films tended to crop up whenever there was a drought in quality movies. "The spiritual world has always been a major part of Indonesian culture, so it is only natural that it sells tickets," he said.

He added that part of the motivation for producing horror movies was that the government censors were more likely to tolerate sexy scenes. "This formula, of mixing sex into a horror movie, is a formula that works all over the world," he said.

"In our case, it's a little harder when the 'sex' doesn't have 'horror' to hide behind, since the censors will not let those movies get past the screening test."

David agreed that shame was the reason most fans of these movies were not eager to make public their enjoyment of these films.

"I should emphasize that 'shame' here is in context of how low the quality these local horror films are," he said. "There are actually a lot of traditional Indonesian supernatural legends that could be made into better films."

Titis Sapto Raharjo, co-founder of Flick Magazine, an online movie magazine, agreed with his fellow writer's assessment. "Most of our horror movies are very poorly made," he said. "But if a horror movie is packaged well and made professionally, it can actually be very entertaining."

Titis pointed out that there were several Indonesian filmmakers who were trying to elevate the country's genre film scene. He singled out director Joko Anwar, whose thriller "Pintu Terlarang" ("Forbidden Door") was highly acclaimed by critics. He also named filmmakers Kimo Stamboel and Timo Tjahjanto, known as the Mo Brothers, who made "Rumah Dara" ("Macabre"), a slasher movie that was praised for its high production values and genuinely terrifying story.

Recently, young Indonesian filmmakers Edward Gunawan and Andri Cung received the top prize at the 2011 Asian Short Film Awards in Singapore. Their movie, "Payung Merah" ("Red Umbrella"), based on an Indonesian urban legend, was selected by a jury led by Hollywood legend Oliver Stone as the best short in a field of 150 contenders.

"This proves that our filmmakers can actually make great horror movies," Titis said.

While higher-quality productions are possible, it's unlikely producers will put the money into such productions when low-budget affairs still make money.

That trend may be changing, though. Maxima Pictures' last four films, including Hantu Tanah Kusir ("Carriage Ghost") and "Pelet Kuntilanak" ("Visitations of the Dead"), have sold on average 300,000 to 400,000 tickets each: healthy numbers, but far smaller than their previous hits.

Perhaps even the audiences for these films are starting to look for better alternatives. One can only hope.

Jakarta Transportation still stuck in neutral

Jakarta Globe Editorial - June 20, 2011

During the past month, Jakarta has hosted a number of regional and global conferences. First there was the Asean leaders' summit and more recently the World Economic Forum on East Asia, which was held in Indonesia's capital for the first time.

As the nation's capital, Jakarta is likely to host more international events in the coming months and years as Indonesia rises in stature on the global stage. While Jakartans can rightly feel proud of their city's newfound importance, most likely many will be cursing the added traffic congestion such meetings create.

Long known for its infamous traffic, Jakarta has been officially ranked the worst city in the world in terms of getting up and about. In a survey conducted by global research firm Frost & Sullivan, Jakarta was ranked 23rd out of 23 global cities for its public transport system.

Titled the Journey Experience Index, Frost & Sullivan conducted the analysis by tracking the mobility of 27,600 commuters and inner-city residents during one year across those cities. The survey was conducted between September 2010 and February 2011.

Jakarta came in at the bottom with an average score of 30.5 points as compared to the global benchmark of 61. From the people surveyed, 73.5 percent of private commuters cited speed and traffic congestion as their main frustration.

The findings are instructive, although not altogether surprising. Most Jakartans already know how stressful it can be moving around the city and getting to work and home. It is not unusual for some residents, who live in the Greater Jakarta area, to spend up to four hours per day commuting.

There has been a great amount of discussion during the past few years from politicians and bureaucrats about improving the city's transportation system, which is now close to collapsing. Unfortunately, there has been little action by way of investing in the future and expanding the public transportation system.

If the authorities needed a wakeup call, this latest survey should provide it. It will hopefully drive home the message that Indonesia's capital city can no longer operate and function as per normal. We need to build roads, highways, a mass rapid transit network and a more extensive public bus system if the capital is to provide a happier, more efficient journey experience for its residents.

Dispelling the myth of foreign dominance as national economy surges

Jakarta Globe - June 19, 2011

Purbaya Yudhi Sadewa – Indonesia's improving economy has triggered foreign investment inflows. However, concerns are rising that overseas money is too dominant in the economy, and that such development by foreigners will not benefit Indonesians.

The climb in overseas ownership in several sectors of the economy is often used as an indicator to show that our economy is dominated by foreign powers. Such increases in the financial and mining sectors, as well as in plantations, suggest that our economy is already dominated by foreigners.

However, the increase in overseas ownership in several sectors cannot be used to conclude that our economy as a whole is dominated by foreigners.

When the country was gripped in financial turmoil in 1997 and 1998, foreign contribution – measured by subtracting gross domestic product from gross national product and dividing the difference by GDP – in Indonesia's economy had risen significantly. The downfall of the economy forced Indonesian companies to sell some of their assets. At the same time, foreign companies were confident that the economy would get better and they invested, by buying those assets.

In 1999, foreign contribution in Indonesia's economy increased to 7.62 percent. Therefore, we should remember that the increase in foreign ownership on several sectors of the economy was a consequence of the crisis more than a decade ago.

As the economy has improved, domestic businesses have been thriving and foreign contribution has been decreasing, declining to 4.87 percent in 2005 before dropping to 2.82 percent in 2010.

The faster-growing economy will eventually create wider job opportunities – with every one percentage point growth in the economy equivalent to the creation of 400,000 jobs. So, the strong economy – indicated by the pace of growth – is an absolute requirement to increase the nation's welfare.

Fortunately, Indonesia's economic growth has been getting better in the last few years. In 2010, our economy grew 6.1 percent and is estimated to grow at least 6.4 percent this year.

Looking at such economic data partially often makes us draw the wrong conclusion. If domestic players believe the wrong conclusion, they will hesitate to expand their businesses and investments, at a cost to the economy.

[Purbaya Yudhi Sadewa is chief economist at Danareksa Research Institute.]

Jakarta Journo: Tough times for Democrats

Jakarta Globe - June 19, 2011

Armando Siahaan – So far, 2011 has not been a good year for the Democratic Party. Let's just say that, if the 2014 general election was to be held today, the ruling party would be in deep trouble.

Though they won their de facto leader, Susilo Bambang Yudhoyono, the presidency with their flagship "war on corruption" campaign, the Democrats are definitely not seen as the cleanest party in politics these days.

First, of course, there is Muhammad Nazaruddin, the ousted party treasurer who is now implicated in at least three major graft scandals involving the Education Ministry, the Southeast Asian Games and the Constitutional Court.

A recent survey conducted by the Indonesian Survey Institute (LSI) showed that the Nazaruddin scandal had severely damaged the party's approval rating, bringing it down to an all-time low of just 15.5 percent – a big drop from the 20.85 percent it held just before its huge wins in the 2009 election. In October 2010, the party was still leading the pack with a highly respectable 26 percent approval rating.

That drop in the polls may be the least of the damage Nazaruddin does. Just over the weekend, the runaway lawmaker, who is now holed up in Singapore, reportedly claimed that he had no role whatsoever in the SEA Games scandal, while at the same time alleging that the real culprits were fellow Democrats Angelina Sondakh and Mirwan Amir, both members of the House of Representatives' budget committee.

Let's not forget that when Nazaruddin first fled to the neighboring city- state, the young lawmaker publicly threatened to air more of the party's dirty laundry. Names like Youth and Sports Minister Andi Mallarangeng and former party Secretary General Amir Syamsuddin were some of the first to be mentioned.

Nazaruddin is not the only Democratic politico who has been muddying the party's credibility. Djufri, another Democrat and member of House Commission II, which oversees home affairs and regional autonomy, was arrested last month on corruption charges dating back to 2007, when the lawmaker was mayor of Bukittinggi in West Sumatra.

Meanwhile, Andi Nurpati, a former General Elections Commission (KPU) member who controversially joined the Democrats last year, has been implicated in a poll fraud case for allegedly forging a Constitutional Court ruling to grant a House seat to a candidate.

It seems like there is no end to such cases. While none of the lawmakers in question have been convicted, they have certainly caused the party to lose face in the eyes of the public. The party is also rumored to be unraveling from the inside due to internal disputes.

Political pundits have, time and again, speculated about divisions forming within the party since the 2009 chairman election that was contested by Anas Urbaningrum, Andi and House Speaker Marzuki Alie. Since Anas won the vote, the supporting camps of each candidate have reportedly been on less than amicable terms.

Top-ranking Democrats have denied there are any rifts within their ranks. With speculation mounting over their internal squabbles, though, it is no wonder the party's image has been tarnished, which may cost them dearly come election time.

The Democrats' list of woes does not end there. In only the first six months of this year, the party has been rocked by two damaging outside attacks.

The first came in March, when Australian newspaper The Age published a story headlined "Yudhoyono 'Abused Power,'" which reported the allegations made by US diplomats via confidential cables that had been made public by WikiLeaks.

The story alleged that the president had misused his position for questionable dealings. Yudhoyono was extremely lucky that local media's lukewarm reaction, combined with the devastating earthquake and tsunami that struck Japan on the same day, somehow caused the issue to slip under the public's radar.

In May, another attack was launched against the president and his party, this time through a mysterious viral text message that alleged the president was involved in corruption and inappropriate affairs.

Not many people took the text message seriously, except for the president himself, who lambasted the allegations during an official press conference – a move seen by political analysts as unnecessary, if not an outright blunder.

While those back-to-back allegations might not have directly harmed the Democratic Party's credibility, they certainly raised a few eyebrows and a lot of unanswered questions.

Politics is a game of image, reputation and perception. While the Democratic Party's embarrassments this year do not automatically mean that its political future is shot, it would be naive to think that these scandals will not affect its chances in the 2014 general election.

[Armando Siahaan is a reporter at the Jakarta Globe and writes a weekly column about current events.]

Keep freedom of expression in 'fetters'

Jakarta Post - June 17, 2011

Harison Citrawan, Jakarta – A recent IndoBarometer survey found that 29.7 percent of 1,200 respondents were satisfied with the Yudhoyono administration and 40 percent thought the New Order was better than the reform administrations. This, in my opinion, marks a hypothesis that the people are missing a stable and secure social condition.

It appears that the freedoms that we have been enjoying for the last 13 years seem to be unfettered, particularly the freedom of expression. Meanwhile, it is also undeniable that in some cases the state has perplexed in enforcing legitimate limitations and restrictions on such freedoms.

In relation to this issue, London-based human rights NGO Amnesty International (AI) recently published its Annual Report 2001: The State of the World's Human Rights, which provides an overview of the state of human rights around the world.

In the sub-section on Indonesia, AI highlights some setbacks related to the freedom of expression.

The report mentions at least four cases of suppression of freedom of expression, including in the arrest of several activists, and an incident in which some journalist were killed. These facts convey that there is something wrong with our way of dealing with the restriction of expression.

One element in the international legal basis to the freedom of expression can be found in Article 19 of the International Covenant on Civil and Political Rights (ICCPR), which states that "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his [or her] choice".

In relation to this, in April this year the Human Rights Committee of the ICCPR issued the Draft of General Comments no. 34 on Article 19 on the freedom of opinion and expression. This draft should in fact expand our horizons in interpreting such freedom.

In the draft, the committee mentions that freedom of expression shall include political discourse, commentary on one's own and on public affairs, canvassing the discussion of human rights, journalism, cultural and artistic expression, teaching and religious discourse. One should bear in mind that although the right to hold opinions is indeed broad, it is not limitless.

The few legitimate restrictions that can be imposed by the state on this right are: (i) for the respect of the rights or reputations of others, and (ii) for the protection of national security or public order, or of public health or morals (Article 19 (3) of the ICCPR). Here we arrive at the most debatable point.

Around the region many repressive actions by police or military forces upon individuals, who are exercising their freedom of expression, have been largely based on the aforementioned legitimate restrictions.

However, it is worth noting that the committee in the Draft takes a broad point of view by stating that "it is not compatible with paragraph 3, for instance, to invoke treason laws to prosecute journalists, researchers, environmental activists, human rights defenders, or others, for having disseminated information of legitimate public interest".

In addition to this, the committee in the Mukong v. Cameroon case clarifies that there can be no legitimate restriction under Article 19 (3), which would justify the arbitrary arrest, continued detention and treatment in violation of the right to life. (Comm. No. 458/1991, 21 July 1994).

Up to this point, in order to balance law and human rights, it should be quite clear that the application of the law on treason and subversion in Indonesia ought to follow such an understanding. As a result, any arrest of activists on the basis of national security or threat to public order because of their activities of public interest must be deemed illegitimate.

A question may subsequently arise as to how the state shall determine a proportionate restriction upon one's expression. In answering this question, for the importance of supportive legal arguments, I would like to cite some case-laws proceeded at the Human Rights Committee.

In the Faurisson v. France case, E. Evatt and D. Kretzmer of the Human Rights Committee conveyed a rather insightful separate opinion by stating that "the Covenant [ICCPR] therefore stipulates that the purpose of protecting one of those values is not, of itself, sufficient reason to restrict expression.

The restriction must be necessary to protect the given value. [...] The scope of the restriction imposed on freedom of expression must be proportional to the value which the restriction serves to protect. It must not exceed that needed to protect that value. [...] the restriction must not put the very right itself in jeopardy".

Furthermore, another nature of legitimate restriction departs from the case-law of Shin v. Republic of Korea.

In its consideration, the committee concluded that a legitimate limitation must demonstrate, in specific and individualized fashion, "the precise nature of the threat and the necessity of the specific action taken, in particular by establishing a direct and immediate connection between the expression and the threat".

Consequently, such a degree of proximity between the expression and the threat is not within the ambit of the executive's margin of appreciation to determine. In my view, such proximity has to be assessed by an independent national or international body, because otherwise the government will be the jury of its own cases.

All in all, it is internationally a common consideration that the application of the principle of proportionality has to be respected not merely in the law that prescribes the restrictions, but also by the administrative and judicial authorities of the state applying the law.

The state is facing the tough duty of maintaining "legitimate fetters" of freedom of expression, particularly the need to reformulate the law of treason and subversion. While this is no easy task, promoting freedom and enforcing the law is an essential means to establishing a more secure and stable society.

[The writer is an employee at the Human Rights Research and Development Agency under the Law and Human Rights Ministry.]

Ba'asyir and justice

Jakarta Post Editorial - June 17, 2011

The 15-year jail sentence for internationally known Abu Bakar Ba'asyir definitely fails to satisfy both his supporters and those who demanded maximum punishment for the firebrand Muslim cleric whom they hold responsible for brutal terrorist attacks in the country.

But whatever our stance toward the South Jakarta Court's verdict on Thursday, we should respect it.

As a democratic nation, the Indonesian people should not take justice into their hands the way the terrorists perpetrated their barbaric acts. Although it may not be ideal, the draconian antiterrorism law gives terror suspects access to lawyers and justice.

Under the New Order, for example, they might be incarcerated for the rest of their life without trial, or endure physical and mental abuse before their release. By the US standard, they might be isolated in Guantanamo or other secluded, maximum security detention centers all over the world.

Ba'asyir, 73, was found guilty of planning and or encouraging other people to intentionally use violence or threats of violence to create terror and fear among the people, and therefore escaped a life-time jail sentence.

Touted as a spiritual leader of the Jamaah Islamiyah terror network, which operates in the country, Ba'asyir was arrested in the wake of a police raid on a military-style training ground in Aceh early last year.

It is not the first time Ba'asyir was convicted of a crime or act of terror. He was jailed in 2003 for treason and violating the immigration law, but was released in 2004. In 2005, he was found guilty of plotting a bomb attack on J.W. Marriott Hotel in 2003 and the Bali bombing in 2002, but was freed in June 2006.

The humane side of the Indonesian antiterrorism law requires people charged with acts of terror to stand trial and allows them to defend themselves. Many of them were granted remission and could breathe the fresh air of freedom after several years in prison.

Since the 9/11 attack in 2001, Indonesia has executed only three convicted terrorists – Imam Samudra, Amrozi and Ali Ghufron – merely due to the gravity of the crime they perpetrated. The trio was found guilty of plotting and executing carnage in Bali in 2002, which killed 202 people, injured hundreds of others, inflicted trauma on survivors and laid waste to the island's tourism industry.

Perhaps because of its aim to treat terror suspects fairly, the existing antiterrorism law has come under constant criticism. The law is considered too lenient to eradicate, let alone prevent acts of terrorism, which in Pakistan and Afghanistan kill dozens of people almost every day.

The most regretful consequence of the fair war on terror in Indonesia is repeated acts of terror committed by ex-convicts, as in the case of Ba'asyir. But this has something to do with the de-radicalization program which remains far from perfect, rather than the legislation itself.

Given the "merciful" antiterrorism law, impatient security officials are demanding revision of the legislation, which human rights campaigners fear will reinstate the past state or terror.

Indeed, improvement is needed in the law, but it is enforcement that always counts. Let us bear in mind, therefore, that law is not meant for revenge, but to prevent others from making the same mistakes.

As Sir Francis Bacon put it, revenge is a kind of wild justice; which the more man's nature runs to, the more ought law to weed it out.

Our tainted democracy

Jakarta Post Editorial - June 16, 2011

The country's path to becoming a full-fledged democracy is at stake. An inquiry into an allegedly forged document that affected the outcome of one lawmaker's election in 2009 has brought to light blatant flaws in election organization – the key element of Indonesia's democracy.

The case has jeopardized the process of the democratization that was initiated in the wake of the fall of the New Order regime in 1998. Further, former Democratic party treasurer and House legislator Muhammad Nazaruddin has been implicated in a high-profile corruption scandal.

All these allegations will tarnish the nation's status as the world's third largest democracy after India and the United States. The forgery allegations implicate Andi Nurpati, the former General Elections Commission (KPU) member who resigned to join the ruling Democratic Party last year.

After a week of media speculation, indications of flaws in the organization of the 2009 House elections were unveiled during during a hearing of the House of Representative's Commission II overseeing domestic governance and top officials of the KPU and the Election Supervisory Body (Bawaslu) on Tuesday.

The case came into the spotlight after Constitutional Court chief Mahfud MD filed a police report in February 2010 alleging that Andi, currently Democratic Party spokeswoman, forged a court letter during the 2009 elections.

At that time, the Constitutional Court (MK) was hearing a dispute between Dewi Yasin Limpo of the People's Conscience Party (Hanura) and Mestariyani Habie of the Great Indonesia Movement Party (Gerindra), both of whom claimed to have won a seat in the House to represent the South Sulawesi I electoral district.

The KPU eventually awarded Hanura the disputed seat during an Aug. 21, 2009, plenary session based on a MK letter dated Aug. 14, 2009.

KPU chief Abdul Hafiz Anshary, however, told the lawmakers on Commission II that the letter, which, incidentally, turned out to be bogus, was found on a staff member's desk on Aug. 15, 2009.

On Sept. 11, 2009, the Constitutional Court sent a letter to the KPU with the authentic letter attached, stating that the substance of the forged letter did not accord with the court's ruling. In the authentic letter, dated Aug. 17, 2009, the court ruled that Gerindra had won the dispute and the House seat.

Andi denied the allegations, saying that she never received the authentic court letter and blamed her former driver at the KPU for his failure to forward the letter to the appropriate people in the KPU.

Despite Andi's denials, the revelation by Constitutional Court chief Mahfud in February last year and the confirmation by the KPU chief on Tuesday are clear indications of irregularities surrounding the 2009 legislative election.

The officials' statements have supported claims made by individual legislative candidates and their supporting political parties prior to the announcement of the election's final results at the end of 2009.

Legally, the statements by the chiefs of the Constitutional Court and the KPU will need to be supported by evidence to prove allegations of irregularities and flaws in the 2009 legislative election are true.

It is the duty of the nation's law enforcement agencies to follow up these allegations. The country's future as a democracy is at stake.