Underneath the frangipani trees that stand as sentinels over the graves, he found neatly dug holes. Graves had been robbed. And on closer examination, the 60-year-old discovered the thieves had a particular target. Fifteen places of burial had been pilfered, all of them for children. Their remains had vanished.

"Everyone was very worried when they found out," Sapari said. "The families were very upset."

The villagers hatched a plan to stake out the cemetery the following night to catch the perpetrators red-handed if they returned. But the plot never played out. Word had got around and by afternoon the police had set up a crime scene and TV crews and journalists had descended on Bonasari.

It turned out that Bonasari was not the only victim of the corpse-stealers. Two other burial grounds had been robbed. In all, the graves of 24 children had been exhumed on the same night in a co-ordinated action.

Police have yet to make an arrest and the investigation continues, but few are in doubt about the motivation of the grave robbers. "It was for black magic," Sapari says. "Maybe for immunity, or strength... or maybe to make yourself disappear."

Ki Kusumo, anointed by several magazines as Indonesia's most popular paranormal, says: "There are plenty of cases like this. It's just that they don't always make the media."

He says deceased virgin teenage girls are particularly sought after and "families have to guard the tomb for 40 days" after burial. In Indramayu in West Java, he says he knows of babies born on an auspicious day in the Javanese calendar being kidnapped and beheaded. "The heads are buried in the front of the person's house. They believe, this way, they will become wealthy."

To be sure, the case of the missing child corpses in East Java is especially grisly, but it speaks of the enduring fascination of Indonesians for the supernatural. There are regular reports of schoolchildren and factory workers going into mass trances and millions of Indonesians visit tombs of holy men and nationalist heroes on auspicious dates, meditating long into the night, hoping for benevolent guidance.

Across the archipelago, and especially in Java, dukuns, or shamans, still play a central role in many people's lives. Believed to have special abilities to transcend the material world and communicate with spirits, they are consulted on a vast array of matters.

Some are healers, specialising in massage, herbal remedies or acupuncture, tending to ailments that doctors can't seem to fix. Others provide advice on romance, careers, business opportunities, the best times to plant crops or hold a wedding.

Such benign advice is imparted by dukuns who practise white magic, but there are many others – known as dukun santet – who use black magic, and are hired to bring misfortune to rivals in love, business and politics.

Indonesian President Susilo Bambang Yudhoyono complained during the 2009 election campaign that nefarious mystical forces were being deployed against him and his staff.

"Many are practising black magic. Indeed, I and my family can feel it," he was quoted as saying by Antara, the official Indonesian news agency. "It's extraordinary. Many kinds of methods are used. I have come to the conclusion that only prayers can defeat black magic attacks."

Yudhoyono's predecessors, Megawati Sukarnoputri and Abdurrahman Wahid were widely known to consult dukuns. Wahid famously rushed off in a helicopter at short notice to meditate at the tomb of one of Indonesia's Islamic saints after being advised his spirit was unhappy. He was said to have abruptly sacked two ministers on his return.

Suharto, Indonesia's former dictator, was also deeply in thrall to the spirit world, famous for his collection of sacred daggers, or kris, and ancient Javanese manuscripts that many believed were the source of his power.

Even so, the relationship between the belief in the supernatural and Islam in Indonesia is complicated. The country's largest Islamic organisation, Nahdlatul Ulama, which has about 30 million members, still endorses the old Javanese mystical traditions – Ilmu Jawa – but the increasing influence of a more austere form of Islam imported from the Middle East means that organisations such as the Majelis Ulama Indonesia, the country's peak clerical body, frowns on such practices.

Consultations with mystics by powerful figures are usually discreet, and lengths are taken to keep them from being publicised.

"When they see a dukun or paranormal, it's like they are seeing their mistress. It's always done in secret," says Ki Joko Bodo, one of Indonesia's most famous and flamboyant dukuns.

With his long hair and eyes accentuated by kohl, Joko Bodo is a paranormal from central casting. Indeed, he has starred in several Indonesian horror movies. His enormous home in East Jakarta and the Mercedes-Benz and Jaguar parked in the garage are testaments to his success. Complete with an 11- storey Javanese temple, his compound is adorned with huge, garish statues, its walls bedecked in reliefs styled on those of the Borobudur temple.

Many of the reliefs depict Joko Bodo himself, including one where the dukun is leading the rallies that led to Suharto's ousting. Another has him imparting blessings on officials from the tax office, attorney-general's department and ministry of industry.

He says he was seven years old when he realised he had a special gift and began to see jin – supernatural figures – his friends could not. "Jins are non-physical creatures," he explains. "They are not ghosts, they are not bad. Many are friendly and they can help improve the lives of people." He leads me through a labyrinth below his house of faux caves where a young woman is waiting. He sits in front of low black altar, a basket of offerings containing fruit and flowers on one side, a child's doll sitting on the other.

Joko Bodo produces a wooden box and places a bottle of water inside it, covering it with a black satin bag. An incantation is made and the box removed from the bag. The water bottle is empty, transformed into energy which has entered the young woman, he says.

He then douses the teenager from a small pool of water covered in petals and money. The young woman, who asked not to be named, is assured she will have a prosperous future. She seems impressed and grateful.

It's all over within 15 minutes, but Joko Bodo insists these rituals can be done quickly if the dukun, like himself, is particularly attuned to the spirit world. No doubt, it helps with turnover too.

Ki Joko Bodo may come off as more charlatan than shaman but he is immensely popular and demand for his services has never been higher. He says senior figures from the government, military and police are among his most loyal clients.

There are thousands of dukuns across Java. Many make a modest living, never demanding payment, although accepting donations. In some villages, Islamic clerics double as dukuns.

Ki Zukud lives in a modest home in Surabaya, where the paint peels off the walls and children run in and out of his living room. He runs an Islamic boarding school but dabbles in paranormal advice. His collection of kris is his pride and joy.

He has 10 adorning his wall and each has a special purpose. One generates prosperity, another repels black magic. "There is so much black magic everywhere," he says solemnly.

He carefully consults the old Javanese calendar, with its complex cycles, to pick the right time for rituals and uses a mix of Koranic verses and Javanese mantras to tap into the supernatural.

He insists a belief in the power of jins is completely in tune with Islamic teachings. The nine saints who brought Islam to Indonesia in the 14th and 15th centuries had used Javanese beliefs and stories to spread the religion. Why should things change?

"Around here, I never have any problems with the other clerics," he says. "In Indonesia, the mystical aura is very thick."

Tan Malaka's DNA test difficult but team presses ahead

Jakarta Post - January 11, 2012

Jakarta – A team of relatives, historians and forensic scientists are pressing ahead with their efforts to carry out DNA tests on remains excavated in an East Java village three years ago, thought to be that of controversial leftist figure Tan Malaka.

The team will send samples to an Australian laboratory for a so-called Low Copy Number (LCN) forensic analysis to check the Y-Short Tandem Repeats (Y-STR); nucleus DNA passed on by a man to his female descendants. The tests use very small samples of between 100 and 200 milligrams of bone or teeth.

"This analysis allows tests on very small samples. We have to analyze the remains carefully as we only have a 1.1 gram fragment of bone and 0.25 grams of teeth," said Djaja Atmaja, leader of the forensic investigation. Djaja said that the efforts could hit a snag because some of the samples had been severely tainted.

"We found it very difficult to identify the remains as they were already 60 years old. Besides, they were submerged underwater because the body was buried in a river basin," Djaja said.

Despite these problems, Harry Poeze, the Dutch historian who has spent almost half his life studying the life of Tan Malaka, said that the remains exhumed from Selopanggung village did belong to the leftist independence fighter, who fought against Dutch colonial rule along with other founding fathers like Soekarno, Hatta and Sjahrir.

"My research, which involved a series of interviews with eyewitnesses as well as locals in Selopanggung, assures me that it is him. For instance, the remains had both hands tied behind the body. Tan Malaka was shot dead with his hands tied behind his back. We must finish what we have started so we have to continue with our DNA investigation," he said.

Poeze said that the efforts had never received any support from the government. He said he wrote to the Social Affairs Ministry in 2007, looking for assistance in the digging of the Selopanggung grave. "The ministry said it did not have funds to support the effort," he said.

Zulfikar, Tan Malaka's nephew, whose DNA is being used as a match for that of the Selopanggung remains, said that the test was important not only for the family but also for all Indonesians.

"Tan Malaka doesn't belong to his family only. He belongs to Indonesia because he fought for this country," he said. President Soekarno made Tan Malaka a national hero in 1963 and the New Order government, which whitewashed most leftist elements from the country's history, never revoked that decision. (msa)

Actions, demos, protests...

Land reform protest turns into violent fracas in Ambon too

Antara News - January 13, 2012

Hundreds of demonstrators in Ambon, Maluku, came close to blows with members of the provincial legislature on Thursday.

The demonstrators, who called themselves the Joint Secretariat for Land Reforms (SBURA), broke into a plenary meeting at the Maluku Legislative Council.

Members of SBURA want the Maluku administration to stop issuing new licenses for forest concessions and to suspend licenses already granted.

They also called for an end to the expansion of oil palm estates and urged the government to end the numerous land conflicts between the military and local people.

SBURA also wants to stop the planned establishment of Manusela National Park on Seram Island as it would displace the Huaulu people from their ancestral homeland.

They said they were dissatisfied with the contents of the plenary session, which was called to address the protestors' grievances.

At the start of the demonstrations, protestors entered the grounds of the council building and set up four tents, where they remained until late afternoon. Councilors Richard Rahakbauw and Arnolis Laipeny met the protest leaders and asked representatives to sit in on the plenary meeting.

SBURA coordinator Janes Balubun agreed and led protest representatives to the building when suddenly all the demonstrators rushed into the council hall and began kicking chairs.

Police and public security officers were called in to quell the violence. "This is a public building and we will allow in anyone who is willing to sit with us and voice their grievance in a civilized way," Rahakbauw said.

The plenary session was rescheduled to a later date.

Land protests jam Jakarta

Jakarta Post - January 13, 2012

Jakarta/Mataram – After a series of deadly incidents and demonstrations across the country, which mostly pitted locals against mining and plantation firms backed by the police and military, dozens of protests spun out of control across the country on Thursday, sparking concerns over people taking the law into their own hands.

While a number of religious groups have been free to do as they wished – from blocking streets for mass prayers to raiding bars or clubs anywhere in Indonesia with impunity – Thursday's protests showed that more people with "legitimate" grievances against injustice, for instance in the management of land resources, will take to the streets in protest unless the government decisively takes action to address the root causes of the conflict.

Problems of land management are not new in the country, and experts have agreed that the government never really settled a number of agrarian conflicts across the country.

Thousands of protesters from Bengkulu, Jember and Pacitan in East Java, Mataram in West Nusa Tenggara and Maluku gathered throughout Jakarta to demand decisive action by the government. In several areas, some protesters disrupted traffic and damaged public facilities as police officers stood idly by.

"I think it is tremendous to see indigenous peoples, workers, farmers, fishermen, village leaders, and many others unite in such huge protests," agrarian law expert Nur Amalia said.

The mass protests coupled with weak law enforcement – perhaps out of political considerations ahead of the 2014 elections – could gather momentum for massive chaos if problems were not solved soon, she said.

In Jakarta, around 4,500 demonstrators from 77 NGOs held protests at several locations across the city, demanding the government cease all forms of land expropriation throughout the country.

The demonstrations were held in front of the State Palace and the Supreme Court on Jl. Medan Merdeka Utara, as well as in front of the House of Representatives on Jl. Gatot Subroto, all in Central Jakarta, bringing traffic to a standstill on major thoroughfares. "We demand the formation of a governmental special committee to resolve all agrarian conflicts in Indonesia," a protester from the Sundanese Farmers Union, identifying himself as Alex, said.

Residents of Bima in West Nusa Tenggara, Mesuji in South Sumatra, and Tulang Bawang in Lampung, were also present at the demonstration.

The 77 NGOs included the Indonesian Environment Forum, the Indonesian Farmers Union, the Sundanese Farmers Union, the National Students Front, the Congress Alliance of Indonesian Labor Unions, and many others. They united under the banner of the Joint Secretariat of Indonesian People's Rights Restoration.

At around noon, demonstrators rode dozens of buses toward the House, where another rally was held.

The situation got out of hand when protesters tore down two segments of the building's front fence, along with several segments of the fence separating Jl. Gatot Subroto and the adjacent toll road. Some of the protesters began to dance on the toll road, causing severe traffic jams.

The stretch of Jl. Gatot Subroto in front of the House was blocked by the police, as it was jam-packed by thousands of protesters, most of whom sat on the street. Only in the evening, after the protests subsided, was the street returned to normal operation.

Nur Amalia said that the government and the House had been mandated by a 2001 People's Consultative Assembly (MPR) provision to resolve all agrarian conflicts in the country.

"However, we have never seen any significant improvements in the past 10 years. On the other hand, the House keeps ratifying bills that conflict with existing regulations," she said.

She cited the 2009 Law on Minerals, Energy and Coal, which stipulated that owners of land known to have potential deposits should allow their land to be explored and exploited. Refusal from owners may result in imprisonment.

"This clearly contradicts the 1960 Agrarian Law, which states that the state should respect the land owners' rights over their lands," she said. (mim)

150 rally in protest of land expropriation in Mataram

Jakarta Post - January 12, 2012

Panca Nugraha, Mataram, West Nusa Tenggara – Around 150 university students, activists and farmers grouped under the People's Coalition of West Nusa Tenggara staged a rally on Thursday to protest land expropriation and to condemn repressive measures taken against people.

The protest began at the Bank Indonesia intersection in Mataram before heading to the West Nusa Tenggara Provincial Council, which is 1 kilometer away from the bank.

The protesters pointed out that a land dispute had triggered a recent clash between residents and authorities in Bima, West Nusa Tenggara.

"The government should not take away the people's rights in the name of economy and investment, especially by using repressive measures in seizing people's land," said rally coordinator Zuki Zuarman.

The West Nusa Tenggara administration has planned to designate 891,000 hectares of land, or around 44 percent of the province's land area, to 197 mining companies in Lombok and Sumbawa, according to the coalition.

Some of the companies have carried out exploration and exploitation activities, while the others are still waiting for a license from the administration, it said.

"These mining companies will eventually take control of farmers' land. The people have to fight against this," Zuki said. (mtq)

Land-rights protesters tear down parliament gates in Jakarta

Jakarta Globe - January 12, 2012

Ezra Sihite & Bayu Marhaenjati – A large rally against the abuse of landowners' rights outside the House of Representatives building in Jakarta turned rowdy on Thursday when the crowd, numbering at least 1,000, knocked down the front gate leading to the building and attempted to go inside.

One thousand police and security officers armed with riot shields and backed up by water cannons secured the front gate, temporarily blocking access either in or out. Media personnel inside the complex were barred from exiting.

At least two people were arrested as a handful of protesters managed to slip through police lines and make their way into the grounds, leading police to chase them down.

The protesters, largely made up of farmers and representing some 45 different community organizations, also threw chunks of wood and stones while shouting and chanting slogans calling for the resignation of President Susilo Bambang Yudhoyono's administration.

Participants expressed anger at the land conflicts that have resulted in the recent killing of villagers in Mesuji and the police's heavy-handed repression of protests in Sape, West Nusa Tenggara.

"We want the land of the people to be returned to the people. Fishermen, farmers and workers also need to be taken care of. We're not supposed to be ignored and while the government favors the businessman," one union spokesman said in a speech.

"Let's fight," he continued. "Don't let ourselves get treated like this. SBY-Boediono should resign."

The protesters had traveled to the House complex after staging an earlier rally outside the State Palace.

Also on Thursday, members of Indonesia's hard-line Islamic Defenders Front (FPI) stoned the Ministry of Home Affairs in Central Jakarta, just a day after the minister earlier accused religious groups of "spreading lies" during an ongoing dispute over alcohol sales.

A crowd estimated at around 1,000 people, comprising members of the FPI and Islamic People's Forum (FUI), descended on the ministry on Jalan Merdeka Utara at 11 a.m., pelting the building with stones and breaking windows.

Protesters besiege governor's office, cause gridlock

Jakarta Post - January 11, 2012

Apriadi Gunawan, Medan – Thousands of people occupied the governor's office in Medan on Tuesday, prompting an end to administrative activities and throwing city thoroughfares into total gridlock.

Claiming to be farmers under United People's Forum (FRB), the protesters demanded comprehensive settlements to all land disputes across the province.

Caretaker Governor Gatot Pujonugroho met with the protesters' representatives and promised to revise Decree No. 188/2011 regarding land mapping on PT Perkebunan Nusantara II's concession.

However, the protesters turned down the governor's offer, demanding instead a thorough settlement of all land disputes across the province. The protestors' rejection then prompted the governor to leave his office.

As the governor, who took office in the wake of a corruption case implicating then-governor Syamsul Arifin in April, opted to go home, the protesters stayed and threatened to remain there for four days. They established tents inside the compound, a move that gained the support of a legislator.

Syamsul Hilal, a member of the Indonesian Democratic Party of Struggle (PDI-P) faction, said he was ready to stay with the protesters until the governor fulfilled the demand.

"I'm ready to go to the front for the farmers. This camping will last for four days, unless Governor Gatoto Pujonugroho fulfills the farmers' demands," he said in his address to the protesters.

Hundreds of security personnel from the police and the military cordoned off the compound. As of 7 p.m. on Tuesday evening, the incident remained calm, but security personnel looked ready to break in to evict the protesters from the gubernatorial compound.

Jumeida, a member of Forum Mahardika, said that the farmers were not afraid of being forcefully evicted.

The protesters claimed state and private plantation companies had stolen the farmers' land and demanded its return. In one land dispute, farmers claimed PT Perkebunan Indonesia II had stolen 5,873 hectares of land. Jumeida said many farmers claiming their rights ended up being kidnapped and persecuted – a fate shared by Saiful Basri.

The government has been accused of being unreceptive to the issue. "Many farmers have suffered here. They have had their rights robbed. We hope the governor does not turn his back on the issue," Jumeida said.

Riau residents bear pain of protest

Jakarta Globe - January 11, 2012

Hasyim Widhiarto, Jakarta – On a breezy, cloudy Tuesday afternoon, 45-year-old Yahya Hasan was trying to comfort his wife, Purwati, 47, who lay weak beside him under a makeshift tent erected in front of the main entrance of the House of Representatives' building in Senayan, Central Jakarta.

With a string of black yarn stitching the edge of his lips, the father of five, who came from Lukit subdistrict in Padang Island, Meranti Islands Regency, Riau, was struggling to bear both the pain in his mouth and fear of the worsening health condition of his wife, who had caught a severe cough and a high fever over the past few days.

"Just now, my eldest son called from home saying that his two youngest brothers had fallen sick. Perhaps, because they are worried with our condition here," Yahya told The Jakarta Post with low voice since he could not open his mouth widely when speaking.

Together with dozens of other local residents, Yahya and his wife came to Jakarta last month to stage a rally in front of the House building protesting the local administration's decision to give timber company PT Riau Andalan Pulp and Paper (RAPP) a license to exploit peat land forests in their area.

The granting of the license has caused tensions as local people are worried that the land clearing will affect their livelihoods.

On the first few days of the protest, as many as 28 protesters, including Yahya and Purwati, the only woman in the group, took extreme action by sewing their lips shut to show their opposition to PT RAPP's presence on their land.

Yahya, however, is currently the only person left with stitched lips after the other protesters found their health severely deteriorating due to limited nutrition intake and decided to end their action last week.

Having survived by drinking water and eating biscuits, Yahya, who used to make ends meet by growing rubber and oil palm trees back home, said he started his day at the camp by spending one or two hours for taking a bath and washing clothes in a mosque at the Forestry Ministry's office complex located one kilometer west of their camp site.

"I also spend the time to charge my mobile phone there since our camp has no electricity," he said, adding that he would spend the rest of the day to read newspapers, listening to discussions or joining rally to other government institutions.

Fellow protester Ahidan, 40, who is in charge of logistics, said his daily schedule also include collecting clean water in the early morning and preparing food for other protesters twice a day.

"A local NGO has lent me two portable gas stoves for cooking. So far it has helped us very much," Ahidan said as he was preparing rice and scrambled egg for the group's lunch.

RAPP, a subsidiary of Indonesian pulp and paper giant Asia Pacific Resources International Ltd. (APRIL), obtained a license from the Forestry Ministry to clear 23,914 hectares of peat land forest on the island.

Overall, the concession obtained by the company spans 41,205 hectares. It covers five regencies and municipalities, comprising the Meranti Islands, Kampar, Kuantan Sengingi, Pelalawan and Siak.

The Forestry Minister issued exploitation license No. 327/2009 dated June 12, 2009, to the company before the Meranti Islands regency separated from Bengkalis regency.

Both Yahya and Ahidan, however, have pledged they would end their rally only after the government revoke the license. "I am ready even if I need to die here," Yahya said.

West Papua

Kopassus in Papua to safeguard sovereignty

Antara News - January 14, 2012

Jakarta – Army Special Force (Kopassus) Commander Major General Wisnu Bawa Tenaya said the force's presence in Papua was to carry out part of the Army's main tasks in safeguarding and upholding the country's sovereignty.

"We carry out our task and play our role proportionately," he said replying to Antara's question on the sidelines of distributing 20,000 saplings to people here on Saturday.

He said "our presence in Papua is the same as in other regions namely carrying out our main task of safeguarding our sovereignty in addition to conducting exercises and to reach out to the people through various activities. He said in general security situation and conditions in Papua are relatively stable and conducive. "Relatively secure and conducive," he said.

The House of Representatives Commission I estimated there are 250 intelligence personnel in Papua from the police force and three branches of the defense forces (TNI) including 176 from Kopassus.

On a separate occasion the chief of the State Intelligence Agency (BIN), Lt Gen Marciano Norman said the development in Papua was very dynamic. He said in dealing with Papua problems the government always sought the best solution.

Marciano said the government does not want to see Papua to secede like East Timor. "But we must also make the Papuans to enjoy welfare. That is what we have to think together," he said.

He called on the media to help monitor the work of the government and security forces in the region. "If violations are committed the commander of the TNI and the national police chief would never hesitate to act against them. Control by the media is very tight and it would not want to see violations to happen there," he said.

Marciano also asked the media not to hesitate to criticize BIN. "Criticize us and give us constructive inputs," he said.

Police seen as worst torturers in Papua

Jakarta Globe - January 14, 2012

Agus Triyono – A survey carried out by nongovernmental organizations between July and September last year showed there is a widespread belief among Papuans that the police committed most of the torture in the province.

For the survey, the Jakarta and Papua offices of the Legal Aid Institute (LBH) spoke to 205 respondents from various fields, including the police, prosecutors, customary and tribal leaders, commentators, criminal suspects and inmates at Abepura Prison in Jayapura, the provincial capital.

Respondents identified several institutions they believed were engaging in torture. These were the police, which 61 percent identified, prosecutors (31 percent) and prison officials (8 percent).

The findings echo the results of an earlier survey by LBH Jakarta, in which respondents identified the police as the main perpetrators of torture among all branches of law enforcement.

"The Papua survey confirms our earlier findings, with more than 60 percent of respondents identifying the police as being engaged in torture," LBH researcher Laode M. Syarif said at the announcement of the survey results in Jakarta on Friday.

He said respondents to the survey also identified the three main methods of torture employed by law enforcement officials against suspects and inmates in Abepura: physical, psychological and sexual violence.

"Physical violence includes such acts as grabbing, dragging hitting and crippling," he said. "Psychological torture includes threatening people at gunpoint, while sexual violence includes disrobing suspects, photographing them in forced intimate poses, groping and forcing them to perform oral sex on each other."

He said the police employed these extreme measures because they were incapable of getting the information they wanted any other way. "It's the easiest way to get a confession," he said.

"These practices are carried out in defiance of a directive issued by the National Police chief in 2009 on implementing human rights standards and principles during the course of an investigation," Syarif said.

He said the survey also indicated key differences in the way well-educated suspects were treated by the police. Suspects who had received a secondary education or higher, he said, were more likely to be tortured.

"There are also indications that suspects with an income of at least Rp 3 million [$325] are less likely to be tortured than lower-income suspects," he said.

At the end of 2010, an investigation by LBH Jakarta in Surabaya, Jakarta, Makassar and the Acehnese towns of Banda Aceh and Lhokseumawe uncovered proof that the police were engaged in acts of torture.

The study found that Surabaya was perceived as having the highest rates of torture, with 93.8 percent of 96 suspects and inmates claiming torture was most widely carried out by police forces.

Police responded coolly. National Police spokesman Saud Usman Nasution said the police "respected the LBH's opinion" and would look into the matter. However, he questioned the methods used by the LBH in conducting the survey.

[Additional reporting by Keyko Ranti Ramadhani & Carla Isati Octama.]

Torture widespread in Papua

Jakarta Post - January 14, 2012

Jakarta – A survey jointly conducted by the Partnership for Governance Reform (Kemitraan) and the Legal Aid Institute (LBH) found that torture is a common practice among members of the National Police in Papua and has become the chief means for extracting information from suspects.

The survey, conducted from October to December last year, also confirmed the finding from last year's survey, also by Kemitraan, that the National Police are the most violent legal enforcement institution.

"The survey shows that police officers are most prone to violence compared to other law enforcers in Papua. And this also applies to other regions in the country, as most of them continue to use torture to enforce the law," Laode M. Syarif, who chairs the security and justice governance division at the Kemitraan said on Friday.

He said that members of the police tortured suspects to force them into making admissions about alleged crimes. "This is reprehensible because Indonesia has signed the United Nations Convention Against Torture, which was ratified in 1998," he said.

In the survey, the two organizations interviewed 205 respondents ranging from suspects, police personnel, prosecutors, correctional officers, human rights activists, academics and local tribal chiefs, all of whom testified that the police committed torture during arrests.

Some 95 percent of the respondents admitted that torture happened during investigation. Nearly 75 percent of the respondents claimed that police used torture during detention and 15 percent of the respondents said that torture happened in jail.

In Papua, correctional officers ranked second in the survey for their proclivity to use torture against inmates, with 22 percent of those surveyed claiming that torture happened during detention, and 70 percent of respondents admitting that coercion was used in penitentiary facilities.

Kemitraan and its partners, the LBH Jakarta and LBH Papua, interviewed 205 respondents for the survey and held numerous focus group discussions with them. Fifty out of the total respondents were victims in criminal cases including suspects, defendants and convicts.

Nurcholis Hidayat of LBH Jakarta said that the survey findings indicated a persistent culture of violence in the police force. "Nothing changes with the way the police enforce the law as they still use violence, including torture in Papua. This survey has affirmed our previous study showing the police are the most violent institution in the country. The result from Papua can be applied to other places in the country," said Nurcholis.

Kemitraan and LBH conducted the research in Jakarta, Banda Aceh, Lhokseumawe, Surabaya and Makassar between 2009 and 2010, The two-year survey shows that police considered torture as a legitimate means of collecting evidence. The 2009-2010 survey involved 748 suspects, defendants and convicts in detention centers and prisons.

Laode said that the National Police, the Attorney General's Office and the Correctional Facilities Directorate General at the Law and Human Rights Ministry had all rejected the findings because they were not involved in the study.

"For this reason, we involved them in our recent study. But, the result remains the same, with the police committing the highest number of torture compared to other institutions," he said.

The latest survey shows that punching, kicking, slapping, hair pulling, dragging, forced nudity, waterboarding, burning with cigarettes, electric shocks, groping, burning parts of the body, forced kissing, forced masturbation, forced oral sex and rape are also the most frequent kind of torture used in Papua.

A report from the National Commission on Human Rights (Komnas HAM) in 2011 came up with similar findings. Komnas HAM recorded that police were involved in 40 cases of torture throughout the country last year, up from 30 in 2010.

Responding to the survey, director for security and order of the Correctional Facilities Directorate General Maknun said that torture was used in jail to impose order.

"Prisoners will only listen to you when you show them that you have the power. For instance, none of those who have drugs will admit they do so unless you torture them," he said.

Maknun said that smacking was the most common practice found in the country's prisons. He assured that more officers at penitentiaries were aware that torture was against prisoners' rights.

"We, and other law enforcers, including the police, have been given training on human rights. I believe law enforcers are gradually learning how to better deal with suspects, defendants or convicts," he said. (msa)

Papua needs justice, not just new buildings: VP

Jakarta Post - January 12, 2012

Jakarta – The government is expanding its definition of "welfare" in its approach to Papua, and welcomes the assistance of foreign donors in developing Indonesia's eastern most provinces.

Meeting with chief editors for tea at his office here on Wednesday, the Vice President conceded that the government felt a need to change its approach toward the often-troubled region. "The people must be given a sense of safety, a sense of justice, not just be given new buildings," he said.

He expressed confidence in the work of the Presidential Unit for the Acceleration of Development in Papua and West Papua (UP4B), which was now beginning its field work. "[We need] to win hearts and minds," the Vice President remarked.

Coordinating Economic Minister Hatta Rajasa, who also attended the gathering, insisted that "we've adopted the right approach, one that will accelerate development". "This approach is key, and it is vital that we do not delay [implementation]," he added.

According to Hatta, the government has already allocated an "amazing" amount of the state budget for developments in Papua, citing an allocation of Rp 29 trillion.

Responding to possible fears of foreign intervention should donor funds be more accessible to Papua, Boediono urged the public "not to seek ghosts in broad daylight". "The most important thing is for us to filter, be selective. Let's not close ourselves off [unnecessarily]."

He stressed that there were many donors – bilateral and multilateral – with good intentions.

Both he and Hatta warned against undue fears that countries like Australia and the United States had ulterior motives, referring to treaties and statements made by the two countries respecting Indonesia's territorial integrity.

One improvement that Boediono feels should be made is in the country's diplomacy when presenting the Papua case abroad. "Not only should Indonesia be more proactive, but the approach must be holistic."

Speaking on the overall economic challenges ahead, Boediono believes 2012 will be a tougher year than the previous one, but the government has prepared contingencies to overcome the year's challenges.

"Global conditions in 2012 may not be as friendly as 2011," he told editors. Consequently, Boediono believed there could be an impact upon exports, the flow of capital and an overall slowdown in the economy. There may be small shocks, he said, "but we are ready".

Three task forces have been set up to deal with the potential challenges. One will oversee the macro-monetary situation under the aegis of the finance minister and the central bank, while another will oversee the real-estate sector, particularly to examine bottlenecks that may impede development.

While many of these relate to infrastructure issues, Boediono pointed out that "it may not necessarily be a case of budgets". "Sometimes it is a question of coordination between the central government and regional administrations and when it involves the regions, things can take a long time," he remarked.

Boediono added that other cases involved policies, which could also become gridlocked. (mds)

Backup police to withdraw from Papua

Jakarta Globe - January 11, 2012

Banjir Ambarita & Antara, Jayapura – Citing an improved security situation in the restive province of Papua in recent days, nearly 500 additional officers deployed there to bolster the ranks of the provincial police will be withdrawn, a police spokesman said on Tuesday.

Sr. Comr. Wachyono, a spokesman for the Papua Police, said that 481 members of the Mobile Brigade (Brimob) paramilitary unit who had been sent to Papua from Jakarta, East Kalimantan and North Sulawesi would leave Papua within two weeks.

"The plan is that on January 23, they will be pulled out and returned to their respective regions," Wachyono said. "They will be replaced by members of the Papua Mobile Brigade and police."

The men have served about two months in Papua, he said. They were deployed in Puncak Jaya and Paniai, both strongholds of the pro-independence Free Papua Organization (OPM), and in Timika near the Grasberg copper and huge gold mine, which has been rocked by three months of labor strikes.

The area near the mine, operated by an Indonesian subsidiary of US mining giant Freeport-McMoRan, has seen a series of deadly attacks on company vehicles traveling the road between the mining area and Tembagapura, a town in Timika.

Wachyono said a police investigation had found that the burned-out husk of a Freeport Indonesia vehicle, found overturned on Monday on the road in question, appeared to have been ambushed by gunfire.

"From the investigation at the site, the Freeport vehicle was shot at by unidentified men from both the right and left side of the road as it was passing through mile 32 in the Tembagapura mining area," Wachyono said. "The car then swerved before overturning and catching fire."

He said that while the driver of the car was found to have burned to death inside the car, a second victim was found about 1.5 meters from the car and had slash wounds on his neck and cheek. "There is also the possibility that he was shot," he added.

The police could not yet identify the assailants or their motives, he said. Police have already questioned four Freeport workers and security officials.

Ten people, all of them Indonesians, have now been killed around the mine in several ambushes and in a clash with police since the strike began at the mine in September.

Indonesia welcomes foreign donors in Papua

Jakarta Post - January 11, 2012

Jakarta – Vice President Boediono brushed aside fears of 'foreign intervention' in the event of donor development funds being more accessible in Papua.

"Don't seek ghosts in broad daylight," Boediono said on Wednesday. "The most important thing is for us to filter, be selective. Let's not close ourselves off (unnecessarily)," he remarked.

He stressed that there were many donors – bilateral and multilateral – with good intentions in Papua.

He dismissed undue fears that countries like Australia and the United States had ulterior motives, referring to treaties and statements made by the two countries respecting Indonesia's territorial integrity. One improvement that Boediono feels should be undertaken is the country's diplomacy in presenting the Papua case overseas.

Not only should Indonesia be more proactive, but the approach had to be holistic, he said.(mds)

Imparsial speaks about overseas campaigning for Papua

Media Indonesia - January 11, 2012

The government should pay attention to the campaigning being currently undertaken by Papua Merdeka groups abroad. These campaigns can be far more effective than the various armed operations currently being waged by the OPM – Organisasi Papua Merdeka.

This opinion was expressed by Poengky Indarti, executive director of Imparsial, speaking to journalists in Jakarta.

"The campaigns are still rather sporadic but other countries are beginning to pay attention to what is happening in Papua after the circulation of videos showing the use of police violence, recently released circulated on YouTube."

She said that the people who are campaigning abroad include former OPM members who fled abroad, Papuan students and other Papuans who are working abroad.

"They are campaigning in a number of international forums, organising protests in the streets and at various meeting places, not only in Australia which is very close to Papua but also in the Netherlands and other countries in Europe."

She said that at present, this campaigning is still on a small scale, but if the government ignores this and fails to pay attention to the welfare and the living conditions of the Papuan people, these campaigns will win the sympathy of international agencies. "Once this starts happening in other countries, the problem could get serious," she said.

Poengky also said that the Indonesian police need to think about how they should deal with separatist groups in Papua which have been causing problems.

"They are not as strong as the Acehnese independence movement, GAM became. They also consist of many different groups, some of which are trying to raise money and pursuing difference ideologies; in some places, there is rivalry between them. Strange to say, the police and the army have not been able to deal with these groups," she said.

Violence returns as two Freeport contractors killed

Jakarta Post - January 10, 2012

Nethy Dharma Somba, Jayapura – As employees of miner PT Freeport Indonesia returned to work after their three-month strike, two men working for a contractor for the company were killed on Monday. The van they were driving was set on fire with the bodies inside.

The bodies of the two workers, identified as Thomas Bagiarsa and Masyun Simopiaref, were found in a Freeport area called Mile 51, which is located near Timika, Papua, according to police reports.

The two were working for PT Kuala Pelabuhan Indonesia (KPI), a contractor for the local unit of US gold and copper giant Freeport McMoRan.

Papua Police spokesman Sr. Comr. Wachyono said the incident, which took place at 9:00 a.m. local time, was still under investigation. "The bodies were badly burnt. We've evacuated them to [Freeport's] Kuala Kencana clinic," said Wachyono.

Freeport spokesman Ramdani Sirait confirmed the incident and said there were signs of gunshots on the exterior of the victims' van. "Freeport security personnel and the police are still investigating the shooting," he said.

A similar incident occurred on April 7, 2011, when unidentified gunmen fatally shot Freeport workers Max Mansawan and Harry Siregar near Timika, the closest town to Freeport's Grasberg mine. The gunmen also set the workers' van ablaze with the victims inside.

Shootings around the Freeport site have intensified since April last year, with more than 12 people dead.

The police have yet to identify the perpetrators of the killings, stirring speculation that some elements within the police and the military (TNI) may be creating instability in the country's easternmost province, which has long been plagued by poverty amid abundant mineral resources. The police and the TNI have repeatedly denied any involvement in the violence.

The violence escalated after Freeport's workers staged a strike last September demanding higher pay. Between October and late November there were at least eight fatal incidents.

Production at the Grasberg mine has been crippled since 8,000 workers walked off the job. The workers ended their strike on Dec. 26 following the company's agreement to raise their salaries by 39 percent.

However, the return to work was delayed because KPI wanted to impose sanctions on around 500 employees who had joined the strike. KPI had formerly agreed not to take any action against them but subsequently several other contractors and subcontractors also refused to rehire former strikers.

Freeport union halts return to work after ambush killings

Reuters - January 10, 2012

Jakarta – Workers at a Freeport McMoran Copper & Gold Inc Indonesian mine on Tuesday halted their gradual return to work one day after gunmen shot two contractors dead on the road to the Grasberg mine, a union spokesman said.

It was unclear whether the halt also affected production at the mine in the central highlands of Papua, an island in eastern Indonesia.

"This terror is like a monster for us, the workers," union spokesman Juli Parorrongan said. "Every day the workers ask who is going to be the next victim," he said, adding that no more workers would return until police ensure the safety of the mine road.

Workers have slowly returned to Grasberg in the wake of a three-month strike over pay that crippled production at the world's second-biggest copper mine and shook labor relations in Indonesia, southeast Asia's largest economy.

Around 2,000 workers have returned to Grasberg and around 7,000 others are waiting to be transported by bus to the mine, said Parorrongan by telephone, adding that some other workers did not join the strike.

There have been scores of shootings by unidentified snipers around Freeport in recent years, with victims including workers, illegal miners, and -security officers.

Aceh

Aceh Party files suit in a move to stall elections

Jakarta Post - January 15, 2012

Hotli Simanjuntak, Banda Aceh – The upcoming gubernatorial elections in Aceh are facing uncertainty following a move by the ruling Aceh Party (PA) to challenge the Independent Election Commission's (KIP) decision to go ahead with the poll as scheduled.

The suit has been filed by Zaini Abdulah and Muzakir Manaf, PA's governor and deputy governor candidates, although the party's board is still stalling on officially registering them as they are still hoping to have the poll postponed from Feb. 16.

The suit, which was reportedly lodged with the Constitutional Court (MK) on Friday, came in the wake of a move by the Home Ministry to also have the poll postponed.

A lawyer for the two PA candidates, Kammaruddin, said his clients had filed the suit with the court as the planned poll did not as yet have a certain, legal base. The planned election still uses a 2006 qanun, or sharia bylaw, on regional elections, which according to Kammaruddin is no longer relevant.

"There has been no revision of the bylaw, so it cannot be implemented. It is no longer relevant because, at the time the regulation was issued, Aceh did not have local political parties" he said.

Four pairs of candidates have been nominated for the elections although, according to Kammaruddin, many local and national parties have yet to register their candidates while they wait for the issuance of a new legal umbrella.

The four pairs are: Irwandi Yusuf-Muhyan Yunan; Muhammad Nazar-Nova Iriansyah; Tengku Ahmad Tajudin-Teuku Suriansyah; and Darni Daud-Ahmad Fauzi.

Irwandi is the incumbent governor who, along with his running mate Muhammad Nazar, rose to the province's top job, helped by PA's win in the last election.

The internal bickering that followed resulted in Irwandi parting company with his party and the governor is now seeking his second term as an independent candidate.

While using the lack of a legal base as the main reason for its suit, PA's move is believed to be part of a maneuver to block Irwandi's candidacy.

His nomination for the next poll as an independent candidate was facilitated by a qanun, which was issued to accommodate former members of the now-defunct Free Aceh Movement (GAM). PA is reported to be the political vehicle of former GAM members.

Based on the Helsinki memorandum of understanding of 2006, which is regarded as the milestone in the process to end GAM's resistance toward the central government, independent candidates may run for an election only once, after which a new qanun would have to be drawn up to provide guidance.

"Despite the controversy, the KIP is insisting on holding the elections based on an old qanun. This could allow anyone to question the organization of this election," Kammaruddin said.

Elite conflicts are believed to have triggered terror tactics and violence that have claimed several civilian lives in recent weeks. Six migrant workers were shot dead during the first week of the new year. The attacks have prompted an exodus by workers seeking to leave Aceh.

Aceh lawmaker's home is attacked as house commission looks for answers

Jakarta Globe - January 11, 2012

Farouk Arnaz & Ezra Sihite – An Aceh lawmaker's home was shot at and attacked with fuel bombs on Tuesday, an act that appears to undermine official claims that the province is calm and secure following a recent spate of violence.

The home of Misbahul Munir, the deputy chairman of the North Aceh District Legislative Council from the Aceh Party in Kota Makmur subdistrict, was targeted in the early hours of Tuesday morning.

"The perpetrators are unknown and are still being investigated. The evidence, five bullet casings, means that the assailants used a rifle or [a handgun]."

Ten members of House of Representatives Commission III, which oversees legal affairs, are scheduled to visit Aceh today to gather information on the recent series of shootings and violence.

Nasir Jamil, the deputy chairman of the commission who also represents Aceh, said the area was now "tense," adding that coffee shops, a popular institution in Aceh, closed early and there were few vehicles on the roads in the evening.

Six ethnic Javanese have been shot dead in multiple attacks since Dec. 30 in Aceh. In the latest incident, last Thursday two construction workers from Java were wounded and another killed after a man sprayed shots at a group of workers resting after dusk in Aceh Besar.

Nasir said the commission planned to meet with the local police and military chiefs to discuss the matter of firearms still in circulation there. "We want to know who surrendered [weapons], when, and whether compensation was paid," he said.

Under a peace treaty signed in 2005 with the pro-independence Free Aceh Movement (GAM) ending almost three decades of violence, the guerrillas had to surrender their weapons for destruction. However, many believe only a fraction of the weapons were given up and that many are still circulating.

Meanwhile, the House was scheduled to hold a meeting to discuss Aceh with Coordinating Minister for Political, Legal and Security Affairs Djoko Suyanto, and Home Affairs Minister Gamawan Fauzi.

Also invited were the heads of the National Police, armed forces and intelligence, as well as the heads of the General Elections Commission (KPU) and the Election Supervisory Board (Bawaslu).

House Deputy Speaker Priyo Budi Santoso said the meeting was to ascertain that the series of fresh violence in Aceh was, as the government claimed, purely criminal and had nothing to do with the upcoming provincial, district and municipal elections on Feb. 16.

Nasir believed the violence was linked to the elections, saying that "if it is said that these cases have no links to politics and to the elections, that is just untrue."

Meanwhile Tubagus Hasanuddin, deputy chairman of House Commission I, which oversees home and foreign affairs and defense, said the elections should be postponed to allow dialogue to settle the problems in Aceh.

He has argued that the problem stemmed from the dissatisfaction of former guerrillas whose welfare had not improved despite past democratic elections in Aceh.

"On the problems in Aceh, some said it is politics, the government said it is violence. The essence is how to distribute the [prosperity] cake between the GAM elite," Tubagus said.

Human rights & justice

Komnas HAM needs investigative power

Jakarta Post - January 10, 2012

Ridwan Max Sijabat, Jakarta – As allegations are leveled at police officers for their involvement in human rights violations, the public increasingly doubts law enforcers will launch their own thorough internal investigations.

Given this situation, some believe the government needs to give the National Commission on Human Rights (Komnas HAM) the authority to launch investigation into human rights violations and bring perpetrators to court.

Law expert Jimly Asshiddiqie called on the government and the House of Representatives (DPR) to revise the 1999 Human Rights Law and give Komnas HAM investigative authority.

"The increasing human rights abuses in the past few years have made us worried. Because many abuses involved security apparatus, it's urgent to give Komnas HAM authority to launch investigation," Jimly said at his meeting with House Speaker Marzuki Alie on Monday.

Jimly met the House speaker as a part of his new role as chairman of a team to select new members for Komnas HAM. He said Komnas HAM has been absent in media headlines apparently because the rights body was seen as toothless.

The Corruption Eradication Commission (KPK) and the General Elections Commission (KPU) attract media attention due to the high-profile issues there, he said. However, in comparison, Komnas HAM was perceived to be toothless because many gross human rights abuses have been left unresolved, Jimly added.

"I doubt [Komnas HAM] will investigate recent human rights cases in Mesuji, Lampung and in Bima, West Nusa Tenggara because the two fatal incidents allegedly involved police personnel," he said.

The Trisakti and Semanggi tragedies in 1998/1999, which were once declared gross human rights violations, have been left unresolved.

All findings in the tragedies have been handed over to the police and the Attorney General's Office as an entry point to carry out criminal investigations but so far no military and police officials were held responsible for the tragedies.

The existing law allows the Komnas HAM to investigate any human rights violations but its findings are handed over to law enforcers to bring perpetrators to justice.

Marzuki appreciated Jimly's idea and vowed to discuss it with relevant House commissions to insert it in the legislative program this year.

Political parties & elections

Puan Maharani leads PDI-P's 39th anniversary

Jakarta Post - January 11, 2012

Jakarta – The head of the Indonesia Democratic Party of Struggle (PDI-P) political division, Puan Maharani, leads thousands of party members and sympathizers in commemorating the party's 39th anniversary at the party's headquarters in Jakarta on Tuesday.

Puan, the daughter of party chairwoman Megawati Soekarnoputri and party patron Taufik Kiemas, has been proposed by some party members as the party's presidential candidate at the 2014 general election.

At the event, Megawati said the Bank Century bailout scandal should be settled both legally and politically. The legal process should be carried out fairly, she said. As for the political settlement, the former president did not give elaboration.

Deputy secretary-general Hasto Kristianto, who was also in attendance, stated that the PDIP would mark its anniversary as an event to solidify all party resources to provide assistance for people to gain more prosperity and quality of life.

The commemoration ended with string of events, such as blood donor activities and music performances.

Bank Century 'fish fight' threatens Indonesia economy: Democrats

Jakarta Globe - January 9, 2012

Markus Junianto Sihaloho – Democratic Party chairman Anas Urbaningrum defended fellow party member Sutan Bhatoegana on Sunday after his controversial remarks received sharp criticisms from other politicians

Sutan attacked politicians from the Golkar Party and the Prosperous Justice Party (PKS) on Friday, saying that as members of President Susilo Bambang Yudhoyono's ruling coalition, they should stop criticizing the government's decision to bail out the former Bank Century in 2008.

Sutan described politicians who criticized the Rp 6.7 trillion ($737 million) bailout as "ikan salmon" ("salmon fish") which is short for "intelektual kagetan asal ngomong," or "intellectual posers who don't know what they are talking about."

Golkar politician Bambang Soesatyo responded by calling Sutan an "anchovy" who likes to muddy the Democratic Party, which he called "a clear water." PKS politician Nasir Djamil also said Sutan is a "piranha" who doesn't "act the way he thinks."

Anas said on Sunday that all politicians must restrain their "political lust" and refrain from making "political noise" for the sake of political stability. "Political noise must be averted because it reflects political selfishness and isn't serving the good of the people," Anas said.

The recent spat, he said, would mar the government's economic achievement and dissuade foreign investors, who have been lured by the recent investment grade rating from Fitch Ratings. "A stable political democracy will become the support for economic growth, and that is the kind of politics that emphasizes the people's needs," he said.

Bambang, however said it is Sutan's remarks, not his reaction, that warrants criticism. "As a politician, a Democratic Party cadre [Sutan] should help the local government in conflict zones instead of plotting an open attack to other parties that have been critical," he said on Sunday.

Bambang said Sutan should have focused on other pressing issues such as the rising number of violent crackdowns on protests linked to labor and land disputes in Sumatra and West Nusa Tenggara, as well as recent shootings of civilians in Aceh. "It is the behavior of the Democratic Party cadres that makes political noise," he said.

PKS and Golkar are the only two parties in Yudhoyono's coalition questioning the bailout, along with several opposition parties, including the Indonesian Democratic Party of Struggle (PDI-P), the People's Conscience Party (Hanura) and the Great Indonesia Movement Party (Gerindra).

Critics have argued the bailout was unnecessary because the bank did not pose a threat to the nation's economy and because the bank's former owners had engaged in dubious activities. The bank was renamed Bank Mutiara after the government assumed control of it in 2009.

Prabowo announces his readiness for 2014 presidential race

Jakarta Post - January 9, 2012

Jakarta – Prabowo Subianto has expressed his readiness to run for president in 2014, joining the likes of Aburizal Bakrie and Hatta Rajasa, who have also declared their intention to run.

The Great Indonesia Movement Party's (Gerindra) chief patron, Prabowo, said that he would garner all available support, not just from his party's strong coalition with the Indonesian Democratic Party of Struggle (PDI-P).

"I have a good relationship with the PDI-P, but I will ask for support from all available parties," he said during his visit to Kupang, East Nusa Tenggara, on Sunday.

Prabowo said that he had finally decided to be a presidential nominee because he had received strong support from Gerindra's Regional Executive Board (DPD). Following Prabowo's statement, the PDI-P appeared cautious about revealing its stance on whether it would support Prabowo, or not, and in what way.

TB Hasanudin of the PDI-P confirmed that Gerindra and the PDI-P had been maintaining good communication. However, he said that his party had been busy working on current issues and felt that the presidential election was still too far away to focus on.

"Everything is still up in the air, so now we are just monitoring what is happening. If we make an untimely maneuver then the public might get confused," he told The Jakarta Post over the telephone.

Based on the PDI-P's latest national congress, the party has yet to choose a presidential candidate. Speculation was rife that the PDI-P's hopefuls would be its chairwoman Megawati Soekarnoputri or her daughter Puan Maharani.

Meanwhile, several strong political figures such as Golkar Party chairman Aburizal Bakrie and National Mandate Party chairman Hatta Rajasa, who has family ties with President Susilo Bambang Yudhoyono, have already entered the race.

Other names, such as Constitutional Court Chief Justice Mahfud MD, former finance minister Sri Mulyani Indrawati and State-Owned Enterprise Minister Dahlan Iskan have also been tipped as potential candidates.

Recently, a survey conducted by the Developing Countries Studies Center (DCSC) Indonesia tried to gauge the popularity of the candidates.

Hatta Rajasa is the most popular presidential candidate in the media, according to that survey. The survey said that Hatta had received the most publicity in the seven top national newspapers in the country compared to the other eight names last year.

"Hatta Rajasa got the most media exposure compared to the other eight aspirants," center director Abdul Hakim M.South said in Jakarta on Saturday. "Hatta was in 32.7 percent of the 7,476 articles we analyzed," he added.

The eight other aspirants comprise Democratic Party chairman Anas Urbaningrum, who had 16.7 percent of the total publicity, Aburizal Bakrie (15.5 percent), Megawati Soekarnoputri (10.2 percent), First Lady Ani Yudhoyono (6.7 percent), Prabowo Subianto (4.6 percent) and Sri Mulyani Indrawati (4.2 percent).

The two others are Yogyakarta governor Sri Sultan Hamengkubuwono X (5.7 percent), and NasDem party founder Surya Paloh (3.7 percent).

Almost all of the candidates have been very open to the idea of forming coalitions with other political parties, including Prabowo, who said that he had opened the door to a coalition with any party provided that they had the same vision and mission.

Indonesian Institute of Sciences political expert Siti Zuhro said that presidential candidates should have the same ideology, perspectives and programs as their potential coalition partners. (rpt, swd)

SRI Party maneuvers for elections

Jakarta Post - January 9, 2012

Bandung – The Independent People's Union Party (SRI) Party is to cooperate with another political party officially recognized as a legal entity in order to take part in the 2014 general election, one of its leaders says.

The strategy was to be pursued after SRI Party did not pass the "verification" test at the Law and Human Rights Ministry, SRI Party leader Wimar Witoelar said.

"Although we didn't pass the ministry's verification test, I am convinced, and God willing, we will survive the verification test by the General Elections Commission (KPU) and be able to participate in the 2014 polls," he said at a public discussion at the Indonesia Menggugat building here on Saturday.

"We will cooperate with another party that has an officially recognized legal entity status based on 2004 regulations but that has no members and no executive board," Wimar was quoted by Antara news agency.

Asked to identify the party with which SRI Party intended to collaborate, he said he was not yet in a position to name it. "But we have several options."

One of the agendas of the SRI Party in the 2014 elections would be nominating former finance minister Sri Mulyani for the presidency, Wimar added.

Wimar, who served as the official spokesman of Indonesia's fourth president, the late Abdurrahman Wahid, at the discussion, also denounced accusations that were once publicly leveled at Sri Mulyani and Boediono over the Bank Century bailout.

"All the stories that discredited Sri Mulyani and Boediono including those in relation with the Bank Century case were fabricated, " he said.

Surveys & opinion polls

Indonesian officials respond to damning corruption survey

Jakarta Globe - January 9, 2012

Ezra Sihite, Anita Rachman & Ulma Haryanto – Presidential spokesman Julian Aldrin Pasha acknowledged on Monday that the government still had much work to do on law enforcement and other issues in the wake of a new survey that showed public trust in anti-corruption efforts was at an all-time low.

"There are a lot of cases that haven't been resolved, and there are others that are still lacking," Julian said. "I haven't reported the survey in full to the president yet," he added.

Of the 1,220 people questioned by the Indonesian Survey Institute (LSI) last month, only 44 percent said they were satisfied with President Susilo Bambang Yudhoyono's corruption eradication efforts, the lowest in the past five years.

The survey blamed long-unresolved cases and the KPK's declining reputation for why public trust had eroded. Only about 38.5 percent of respondents said they believed the KPK was corruption-free. The National Police, the Armed Forces (TNI) and the president were deemed more "clean" than the KPK by respondents.

Lawmaker Ahmad Basara of the Indonesian Democratic Party of Struggle (PDI- P) called the survey "a portrait of reality."

"If you want to evaluate the government's performance, the worst is law enforcement, both in prevention and prosecution," he said. "The [survey] result is reasonable, legal development [in the country] is sagging and this is because of the president who hasn't done much."

Febridiansyah, the legal coordinator for Indonesia Corruption Watch (ICW), agreed that Yudhoyono had not made progress on the graft front. "He may have issued various instructions regarding certain cases, but the implementation on the field is very weak," he said.

For example, he added, there was the police bank account scandal. "The president urged transparency, but even after the Public Information Commission ruled for the police to open up their internal investigation on the accounts, they never obliged."

Lawmaker Benny K. Harman, head of House of Representatives Commission III which oversees legal affairs and a member of Yudhoyono's Democratic Party, defended the president.

Law enforcement officers, he said, should not put so much stock in "perception." "They have to work according to the procedures and take perception [of others] as reflection or feedback," he said. Nevertheless, he added, the survey "was an input to the government, like a vitamin."

Trust in Indonesian government on corruption at new low

Jakarta Globe - January 9, 2012

Agus Triyono & Ulma Haryanto – Corruption eradication may be at the top of the president's agenda, but a new survey out on Sunday found public trust in the government's efforts to eradicate graft had reached a new low.

Of the 1,220 people questioned by the Indonesian Survey Institute (LSI) last month, only 44 percent said they were satisfied with corruption eradication efforts under President Susilo Bambang Yudhoyono's administration.

"In previous years, the public's perception of the government's performance [on corruption eradication] was always above 50 percent," said Dodi Ambardi, the executive director of LSI. In 2008, public satisfaction with corruption eradication efforts stood at 77 percent.

But this quickly slid to 59 percent the next year, when the Rp 6.7 trillion ($737 million) Bank Century bailout scandal erupted, and to 52 percent the year after, when a House of Representatives inquiry into the bailout appeared to be superficial.

"If we take the number who aren't satisfied from those who are, this year [the government] got its first minus," LSI researcher Burhanuddin Muhtadi said.

However, the survey also revealed that the decline in public confidence in graft eradication efforts also meant a decline in trust in the Corruption Eradication Commission (KPK), which is often referred to as the only law enforcement institution the public can trust.

Only about 38.5 percent of the respondents believed that the KPK was corruption-free. The National Police was more trusted than the KPK, with the backing of 39.3 percent of the respondents.

More surprising is that more than half the respondents (57 percent) believed that the National Army (TNI) was "clean." The president came in second, trusted by 51 percent of the respondents.

A survey in October by another institution, the Indonesian Voice Network (JSI), also revealed that the KPK's popularity was dwindling unlike the police's. LSI blamed the many unresolved corruption cases for the KPK's bad public image.

"The main cause was that [the government] was not able to solve corruption scandals such as Century, [Muhammad] Nazaruddin, and the bribery in the selection of the deputy governor for Bank Indonesia in 2004," Dodi said.

In addition to that, he added, the fact that several KPK leaders were suspected of involvement in Nazaruddin's case worsened the commission's reputation.

"Lack of coverage in the media on corruption in the military is also to blame," Dodi said. "The media is the supplier of information, but no news on corruption doesn't mean it's not there."

Even so, he added, the public's trust in the KPK's new leadership, headed by Abraham Samad and others selected last month by the House, remains high. "Around 65 percent of the respondents who followed the selection of the new chairmen believed that the new KPK lineup would do better than the previous one," Dodi said.

In response to this finding, KPK deputy chairman Bambang Widjojanto said that under the new leadership, the KPK should be able to develop renewed efforts to eradicate corruption through not only the prosecution of corruption cases, but also prevention.

"The KPK, in the future, should begin to put its perception of corruption in a wider context, so that it not only focuses on enforcement but also long-term prevention," Bambang said.

Media & journalism

Ethical reporting on rape? Indonesian media has a lot to learn

Jakarta Globe - January 12, 2012

Anita Rachman – With several rape and sexual assault cases dominating the news recently, a crucial question has so far been given little attention: Is media coverage of the cases proper and ethical?

"Has the media become a violator as well?" Rach Alida Bahaweres, the women's division coordinator of the Alliance of Indonesian Journalists (AJI), said in a discussion held by the division and the National Commission on Violence Against Women (Komnas Perempuan) on Wednesday.

Alida said her division had monitored several violations of ethics among media companies that published the identities or photos of victims of the recent rape and sexual assault cases.

One example was a newspaper, which she declined to name, that showed a photo of an alleged angkot minivan rape victim, albeit with her eyes covered by a black line. Another example was coverage by several news Web sites on a rape case involving the wife of a police officer.

"[One of the sites] showed the picture of the woman's house," she said, "even though it is clear that Article 5 of the Ethics Code says Indonesian journalists are not to mention or broadcast the identity of victims of immoral crime or disclose the identity of the perpetrators' children."

Another example, Alida said, was the case of presenter Olga Syahputra, Alida, who received a barrage of criticism after making a joke about rape during a live performance. During it, Olga performed a segment dressed as a ghost. When asked how he had died, he answered: "It's insignificant, I got raped by an angkot driver."

Although AJI said it didn't have figures for the number of recent ethics violations by media companies, Alida said the alliance was concerned about the issue. "Media outlets need to be reminded that they should follow the Code of Ethics in reporting such cases," she said.

AJI suggested that media companies remember that they are responsible for equipping their journalists with skills and knowledge on various issues, including gender and human rights, through training. It also urged media to protect the identity of sexual assault victims.

Masruchah, deputy chairwoman of Komnas Perempuan, said she shared the same concerns. There has been much sloppy coverage of sexual assault cases that lacked a respect for human rights and gender, she said.

Print, broadcast and online media are often careless in reporting such stories, she said. Many still mention victims' names and addresses. "It happens all the time, including in local media outlets," she said.

Masruchah said the media, which in a democracy is supposed to play the role of informing the public, should demonstrate a better understanding of gender issues. "But it turns out there are many that still don't comprehend this," she said.

Press Council member Uni Lubis said journalists' knowledge needed to be refreshed regularly, especially when it comes to ethics and standards.

She added that media companies had a responsibility to train their journalists at least once each year. It was the right of every journalist, she said, to ask their employers for knowledge and skills training.

The Press Council has held thousands of training sessions, at which journalists are always reminded of the importance of gender and human rights in reporting certain cases, she said.

But given the number of journalists in Indonesia – about 30,000 by one count – the Press Council could not carry out the training alone, she said.

"Responsibility to equip journalists with knowledge and skills lies in the hand of [media] companies and journalist organizations as well as the Press Council. Training doesn't have to be expensive. We can talk about the Code of Ethics just in the newsroom," she said.

In the meantime, Uni said, journalists could seek help from third parties about how to interview on sensitive subjects, like rape. That would allow them to better do their work, she said.

Masruchah said the idea was worth considering, and Komnas Perempuan could assist. She said the commission was ready for cooperation with journalists and media companies in the issue.

Some countries have made it an offense for media outlets to reveal the name of the victim of sexual crimes.

Labour & migrant workers

Unions plan major new strike in Bekasi

Jakarta Globe - January 15, 2012

Ismira Lutfia & Faisal Maliki Baskoro – Labor unions in greater Jakarta will stage a major rally in East Bekasi, Karawang and Cikarang today to press on their demand for a minimum 10 percent increase in pay.

"We have planned the demonstration in industrial areas, not at city hall or other government institutions," Sunardi, head of the Greater Jakarta Labor Forum, said late on Sunday. He said the rally would involve around 20,000 workers in Cikarang and Karawang and another 10,000 in East Bekasi.

In Jakarta, up to 200 representatives from various labor unions will meet officials from the provincial manpower office to present the demands, he said. Sunardi said a pay rise of 5 percent announced in 2007 was not enough, as exports in the sector have risen by 23.6 percent.

"That means labor wages in the garment sector should increase by 10 percent," Sunardi said. Other sectors that should enjoy bigger increases include food and beverages, tourism, electronics, machinery, hotels, construction and property, he added.

Meanwhile, Indonesian Employers Association (Apindo) chairman Sofyan Wanandi said there would be no more negotiations with workers. "The earlier negotiation with workers ended up fruitless. There will be no more meetings with labor unions. We believe in the verdict of the PTUN [the State Administrative Court]," he said.

He said the 30 percent pay rise demanded by Bekasi workers couldn't be met by employers and Apindo had filed a case against the city concerning the issue.

According to the West Java governor's decree, minimum wages in Bekasi are set between Rp 1,491,866 and Rp 1,849,913 ($164-$203). Previously the minimum wage in Bekasi was Rp 1,420,000.

Just pay it: Nike factory ordered to compensate workers for forced overtime

Jakarta Globe - January 12, 2012

Ulma Haryanto – Thousands of workers from a Nike plant in Serang, Banten, are due to receive nearly $1 million for forced overtime without payment in a move apparently unprecedented in Indonesia.

"Last year, we received the complaint from the workers' union at PT Nikomas, a supplier for Nike, that they had been working overtime without pay," Bambang Wirahyoso, chairman of the National Workers Union (SPN), said on Wednesday.

A subsequent investigation by SPN and Educating for Justice, a US-based nonprofit that exposes alleged labor abuses by Nike and other companies, found that at least 4,437 workers had been working overtime for up to two hours a day, six days a week.

The investigation and negotiation, Bambang said, took almost a year before the management at Nikomas agreed to pay up.

"We started research in February last year," Bambang said. "Basically, we distributed questionnaires to the workers and calculated that, combined, the factory owed the workers around Rp 8.1 billion [$883,000] from 593,648 hours of forced overtime."

The amount covered the Rp 13,000 an hour of payments that were allegedly withheld from workers in the past two years. The payout will be distributed in two installments, first on Jan. 20 and the second on Feb. 5, Bambang said.

"This is justice served," Education for Justice director Jim Keady said in a statement. "It took 11 months of work and we had to fight through denials and outright lies by the management, but the workers persevered and we won."

Since February last year, Keady had been corresponding with Nike chief executive Mark Parker and directors from Taiwan's Pou Chen group, which runs Nikomas and several other Nike suppliers in Indonesia, as well as managers from Nikomas itself.

Keady also found that workers at Nikomas were being forced to pay bribes to gain employment and that supervisors verbally abused workers.

Bambang said the victory was the first in Serang and he hoped for other factory workers to have the courage to stand up.

"This is a good precedent for other workers. So far, the Serang case is our first [victory]. We will be waiting for more reports [from other factories]," Bambang said, adding that SPN has established an SMS portal to gather labor-related complaints.

"There are more than 100,000 factory workers in Serang, and those who are most prone to overwork are laborers for branded merchandise, since they have to achieve certain targets," Bambang said.

Last year, the Associated Press reported that West Java workers making sneakers for Converse, which is owned by Nike, received harsh treatment from their supervisors in a factory owned by a Taiwanese group. The head of the union denied the claim.

Huge labor rally pauses for mediation

Jakarta Globe - January 12, 2012

Bayu Marhaenjati & Keyko Ranti Ramadhani – The Indonesian Association of Employers agreed on Wednesday to meet with protesting workers to try to settle a dispute over a recent increase in the minimum wage for Bekasi district, police said.

District police chief Sr. Comr. Wahyu Hadiningrat said that a meeting would convene in the evening, and he expressed hope that the two sides would reach an agreement.

Thousands of workers rallied at the MM2100 industrial zone in Cibitung, Bekasi, on Wednesday to demand the association known as Apindo withdraw a suit it had filed challenging a government decree increasing the minimum wage for the region.

"In the meeting, we will conduct a direct dialogue with Apindo and the government so that the lawsuit they filed will be revoked," said Baris Silitonga, a coordinator of the labor protest. If no decision is reached, he continued, the protest will resume on Monday along with the hearing for the suit.

Apindo has taken the Bekasi municipal authority to court for approving a revised minimum monthly wage standard for the region. In one category, the minimum was raised from Rp 1,422,252 to Rp 1,491,866 ($155 to $163).

Workers responded by holding a massive rally on Wednesday, closing a local access road and preventing hundreds of vehicles from entering the industrial zone.

Apindo chairman Sofjan Wanandi claimed the growing unrest was starting to worry investors. "Investors are now thinking twice before investing in West Java, especially in Bekasi," Sofjan said. "I told them that they better go to Central or East Java."

He said hundreds of companies operating in the industrial zone were having trouble meeting the new wage standard. "All companies in the industrial zone object to the rise in the minimum monthly wage, which is deemed too big," Sofjan said.

Amir Mahfus, the head of the Bekasi chapter of the Federation of Indonesian Metal Workers Union (FSPMI), said Apindo's decision to file the suit was a risky, aggressive business tactic.

"We believe this is the decision of only a few within Apindo because they want their existence to be recognized among businessmen, but there are also many businessmen who will abide by the decree," Amir said. "The harder they beat the drums of war, the readier they should be to face losses," he added, saying the workers would "paralyze Bekasi."

Wahyu said 1,809 police personnel had been deployed to safeguard the protest.

Indonesian Nike workers win $1 million in unpaid overtime

Jakarta Globe - January 11, 2012

A contentious battle between Nike and laborers at a factory in Serang, Banten, was settled on Wednesday with $1 million in unpaid overtime being awarded to some 4,500 workers there.

The settlement, arrived at after 11 months of investigations and negotiations spurred by a nongovernmental organization and a trade union representing workers at Nike's Nikomas sneaker factory in Serang, is meant to cover almost 600,000 hours of overtime pay that workers said they never received over the past two years.

According to US-based NGO Educating for Justice, which spearheaded the campaign against the factory, the million-dollar payout will be distributed in two installments – the first on Jan. 20 and the second on Feb. 5.

Educating for Justice said in a statement released Wednesday that the settlement between Serikat Pekerja Nasional (National Workers Union) and the factory's management was a victory, but fell far short of total monies allegedly withheld from workers over the past 18 years due to a two-year statute of limitations in Indonesian law.

"This is justice served," said Jim Keady, director of Educating for Justice. "It took 11 months of work and we had to fight through denials and outright lies by the management, but the workers persevered and we won."

Bambang Wirahyoso, the national chairman of SPN, said that the settlement could have far-reaching implications for workers in Indonesia.

"This has the potential to send shockwaves through the Indonesian labor movement. Now that a precedent has been established, the leadership at SPN is gearing up to take on the fight for the Adidas and Puma workers at Nikomas who also have been subjected to forced overtime without pay. We have only just begun."

Formal sector workers set for minimum wage hikes

Jakarta Globe - January 11, 2012

Ridwan Max Sijabat, Jakarta – Most formal sector can expect bigger paychecks by early February, after the government approved a 9 percent minimum wage increase for workers in every province except Papua.

The director general of industrial relations and social security affairs at the Manpower and Transmigration Ministry, Myra M. Hanartani, said the wage increase would be effective for recent hires and some existing hires.

"The new minimum wage is effective only for the new recruits, workers who are single and those who have been employed less than a year," Myra said.

"However, it would be appreciated if employers also applied the wage increase for workers who have been employed for many years or apply the increase according to agreements between management and workers," she added.

According to Myra, employers should not set wage increases by themselves, suggesting that the decision be made transparently and in discussion with workers for the sake of democratic industrial relations in the country.

North Sulawesi's minimum wage will have the highest increase, 19.05 percent, to Rp 1,250,000 this year while West Papua wil have the lowest increase with 3.05 percent to Rp 1,450,000.

The nation's highest minimum wage was in Jakarta, which raised its minimum wage 18.54 percent to Rp 1,529,150; while the lowest was found in Gorontalo, with a hike of 9.84 percent to Rp 837,000, she said.

Myra told employers to give their workers fair treatment by increasing their salaries over the minimum wage "because what has been approved by the government is only the minimum wage, and employers are not allowed to pay their workers lower than the minimum."

A better remuneration system would benefit not only the workers but also employers because it would encourage workers to improve their productivity, she added.

Myra said she regretted that most provincial minimum wages were still below the decent wages mandated by the 2003 Labor Law and should be upgraded gradually over the next two years.

So far only nine provinces – North Sumatra, West Sumatra, Jambi, Yogyakarta, South Kalimantan, Southeast Sulawesi and South Sulawesi – have set minimum wages above or near the decent wage level.

The House of representatives' Commission IX overseeing labor criticized the new provincial minimum wages, which affect only the 33 million workers in the formal sector, while the wages of more than 76 million workers in the informal sector, cooperatives and micro-finance enterprises were left unregulated.

Commission IX deputy chairman Supriyatno and commission member Rieke Diah Pitaloka of the Indonesian Democratic Party of Struggle (PDI-P), said the commission would regulate setting of minimum sectoral wages in its planned revision of the 2003 Labor Law to provide protection to workers in the informal sector.

Avoid investing in West Java, Employers Association tells foreign firms

Jakarta Globe - January 11, 2012

Keyko Ranti Ramadhani – A massive wildcat strike involving thousands of workers in Bekasi on outskirts of Jakarta on Wednesday will disrupt the investment climate and business in West Java, the Indonesian Employers Association says.

Sofjan Wanandi, chairman of the assocation, known as Apindo, said it was taking legal action to block moves by the Bekasi administration to increase the minimum wage by as much as 30 percent.

The strike outside the Industri Kawasan MM2100 industrial estate has blocked traffic on the Cibitung Toll Road linking Jakarta and the satellite city. The estate, which houses a number of foreign firms housing thousands of workers, is closed.

Sofjan said investors would think twice about investing in West Java, "particularly Bekasi". "I recommend that they invest in Central Java or East Java," he said.

He said the wage increase, already approved by the governor, was good news for workers but spelled potential disaster for employers. "All companies in the industrial area object to the minimum wage increase because it is considered to be a steep increase," he said.

Workers block Tangerang-Serang road

Jakarta Post - January 11, 2012

Multa Fidrus, Jakarta – Traffic was fouled for four hours and for up to 15 kilometers around Serang as thousands of workers blocked the toll road between Tangerang and Merak on Tuesday, demanding an increase in the regency's minimum wage.

The rally started at kilometer 55 near the Ciujung toll gate, where protesters staged a motocycle convoy to Serang Regent Taufik Nuriman's office.

The workers, coming from 25 unions, rallied at Taufik's office on Jl. Veteran to protest his recommendations on setting the local minimum wage for 2012. "Today, we will stage a rally at the regent's office in Serang to show our refusal of the... monthly regional wage for 2012 that he has approved," Aweng, coordinator of the National Labor Union (SPN) of Nicomas Shoe Industry, told The Jakarta Post.

Taufik previously recommended that the regency's minimum monthly wage be set at Rp 1,320,500 (US$141.70) for 2012, below workers' demands for Rp 1,469,500. Dozens of officers from the Serang Police's Mobile Brigade special operations unit could not prevent the workers from entering the Ciujung toll gate.

Sofyan, a Jakarta businessman and a toll road user, said that the police should not allow the workers to create a public disturbance on the turnpike. "I have an appointment with a businessman in Cilegon at 1 p.m., but now it's 3 p.m., and I am still here on the toll road waiting for the workers to give way," he said.

In response to the complaint, a police officer patrolling the toll road between Tangerang and Merak said that the police should take persuasive action to deal with the workers.

"There have been instructions from Serang Police chief Adj. Comr. Adi Suseno to let the workers enter the turnpike. If we prevent them, a physical conflict would be inevitable," said the officer who declined to be named.

On Dec. 30, thousands of workers from 20 labor unions blocked the toll road between Tangerang and Merak at kilometer 28-800, near the Bitung gate, after they were prevented from conducting a "long march" from Tangerang city to the Banten governor's office in Serang along Jl. Raya Serang.

Environment & natural disasters

900 companies in Malang have poor waste management policies

Jakarta Post - January 9, 2012

At least 900 of 1,300 small enterprises in Malang regency, East Java, dump their untreated waste into the rivers, an official says.

During the rainy season, pollution was apparent as the water was heavily contaminated with waste, head of the Environment Agency in the regency Cholis Bidajati was quoted by antaranews.com as saying on Monday.

He said that most of the delinquent companies did not possess environment impact analysis documents as well as other necessary papers regarding waste management.

He urged the companies to undertake an environment impact analysis and threatened to take administrative action against those that failed to do so.

Thousands of victims of mud volcano find their voices and demand justice

Sydney Morning Herald - January 9, 2012

The mud keeps flowing and people's lives are being ruined. Tom Allard reports from Sidoarjo, East Java, with photographer Quentin Jones.

As Subchan Wakid looks out over the vast expanse of smelly, baking mud stretching to the horizon, he points to where his home once was.

"Over there," the 40-year-old father says, indicating midway between a teetering electrical tower and the roiling pit of steam and gas that propels a burst of noxious sludge into the air every 10 minutes or so.

He swings around and points to a few hundred metres away from us. "Here was a school. It was three storeys high. It has been swallowed by the mud."

It has been almost six years since drilling for gas by a company owned by one of Indonesia's most powerful men, Aburizal Bakrie, unleashed the torrent of mud burying thousands of homes, scores of factories, rice fields, schools and mosques.

About 14,000 people lost their homes and livelihoods and, just as the muck keeps coming, so does the agony for many of those dispossessed by the disaster.

While Lapindo Brantas, the company involved, has promised compensation for all those affected and even signed off on a schedule of payments after torturous negotiations, most people haven't received their entitlements and many others have received just one-fifth of what they are owed.

Mr Subchan lost his job at a local factory and his home. Both are now entombed in the mud. He spent months living in a traditional market, selling everything he owned and borrowing money to feed and school his family.

He eventually got a payment of about $7000. He says it was less than half of what he was promised and not enough to build a new house once he had paid off the debts he accrued while homeless. He has been unemployed for six years and his wife has left him.

One of hundreds at a protest and prayer vigil on the edge of the mudflow last week, Mr Subchan is demanding that he gets his full compensation.

One of the protest organisers Pitanto Renojoyo, says the dispossessed are supposed to be paid in instalments of 5 million rupiah ($555) a month but haven't received anything for the past four to five months.

He is owed 1.6 billion rupiah and says, even if the instalments had kept coming, "some of us could wait 20 or 30 years to be paid in full".

It is a campaign for social justice for the victims, and one that could potentially have significant ramifications for Indonesia's next presidential election in 2014.

Mr Bakrie, a billionaire tycoon was minister for welfare in the first administration when the mud volcano erupted. He is patron of Golkar, former dictator Suharto's political vehicle that retains an immense party structure countrywide, and he is considered an early front-runner to succeed Dr Yudhoyono as Indonesia's president.

Another of the victims' organisers, Rudi Farid Hidayat, says a class action suit is being prepared against Mr Bakrie's company. "There is an agreement between Lapindo and the people about compensation but it is not being honoured," he says. "We want our money."

While an extensive scientific study by Durham University found Lapindo's drilling had caused the disaster, an Indonesian court made a highly contentious decision that an earthquake a couple of days earlier in far off Yogyakarta was to blame.

Last week, the secretary general of Golkar, Idrus Marham, said Mr Bakrie's generosity meant the mud volcano would be an electoral positive for him.

"Aburizal is a great leader. [The Lapindo mudflow] would only be positive energy," he told the Jakarta Globe. His comments were met with widespread derision.

Health & education

Obsession with jamu: The good, the bad and the ugly

Straits Times - January 13, 2012

Bruce Gale – "I just mixed up all the ingredients at random. I don't know if they have any side effects at all or what they were." This chilling admission to the police last November by the operator of an illegal jamu factory in Bogor says it all.

Jamu, a traditional health tonic, is very popular in Indonesia. But consuming it can often carry serious risks, as irresponsible manufacturers add potentially dangerous drugs in an effort to increase sales by adding to the tonic's perceived effectiveness. In August 2010, a herbal drink vendor in South Jakarta was arrested after eight of his customers died and six others were hospitalized.

Jamu is a herbal preparation made from ingredients such as roots, leaves and fruit. It may include animal parts, such as the bile of a goat. Jamu reaches the consumer in the form of powder or pills, or even as a refreshing drink sold by street hawkers, sweetened with honey.

There are various types: general health tonics; tonics for pregnant women or for common ailments. Medically, they are regarded as nutritional supplements rather than drugs. Many poorer Indonesians, however, see them as an affordable alternative to visiting a doctor.

A study by the Health Ministry in 2010 revealed that about 49 per cent of Indonesians aged 15 and above consume jamu, with about 5 per cent taking it every day.

Illegal Bogor factory owner Asep said he mixed herbal ingredients with prescription painkillers piroxicam and mefenamic acid to boost the effect of his drink. He also added allopurinol, another prescription drug. A further ingredient was over-the-counter analgesic paracetamol.

Other drugs used by such producers include potenzhi, a sexual stimulant, and non-steroid anti-inflammation drugs such as fenilbutazon, piroxicam and sodium diclofenac.

Reports of deaths resulting directly from the consumption of adulterated jamu are not common. But the product has been known to damage the kidneys, liver and digestive system.

Recently, a rise in the availability of fake jamu has prompted demands for more stringent regulation. Last October, Charles Saerang, chairman of the Association of Indonesian Jamu Producers (GP Jamu), called for stronger enforcement measures, arguing that the illegal jamu trade threatened the continued operation of legitimate producers.

Companies affiliated with GP Jamu, he said, employ around three million people at 1,300 factories nationwide. The combined annual turnover of GP Jamu members is around 10 trillion rupiah (S$1.4 billion).

Government officials argue that consumers can easily distinguish between the fake and genuine product by looking for the official logo and registration number on the product packaging issued by the Food and Drug Monitoring Agency (BPOM). But some illegal producers have been known to produce fake labels.

Speaking to me in Jakarta late last year, Indonesian Consumers Association (YKLI) spokesman Ida Marlinda said her organization has been urging the government to take a tougher line against errant manufacturers. The BPOM, she argued, should not simply make public statements, issue fines and recall products. Rather, it should use its power to cancel licenses. It was not clear, she added, what happens to the officials of the organizations involved, particularly when they were operating large companies.

More effort is also needed to crack down on the fake jamu sold by street vendors, much of it sourced from small producers such as Asep in unregistered factories. Here, the BPOM's enforcement responsibility is less clear-cut. But the fact that Asep admitted he could get the raw ingredients for all the drugs he used from wholesalers at Central Jakarta's Pramuka Market suggests a promising place for determined enforcement.

The genuine product has wide acceptance in Indonesia, with stocks of well- known and generally reliable brands on sale in supermarkets. The medicinal properties of jamu have recently attracted serious study. Last year, Health Minister Endang Rahayu Sedyaningsih announced that the government was conducting scientific studies on four types of jamu used to treat cholesterol, high blood sugar levels, hypertension and gout, to be followed by the jamu used to treat cancer.

Some good may come out of the widespread Indonesian obsession with the traditional tonic. But without tougher action against unscrupulous producers, millions of consumers remain at risk.

MUI against free condoms for sex workers in fight against HIV

Jakarta Globe - January 10, 2012

Tangerang – The South Tangerang Branch of the Indonesia Ulema Council spoke out on Tuesday against a move by health authorities to distribute free condoms to sex workers to help halt the spread of HIV/AIDS in the city close to Jakarta.

"Distributing contraception means legalizing the existence of female sex workers in South Tangerang," said Abdul Rozak, secretary of the South Tangerang branch of the organization, known as MUI.

The South Tangerang administration is planning to distribute 12,500 condoms to sex workers as HIV infections continue to rise across Indonesia.

Abdul Rozak, however, said that MUI rejected the idea because it was contrary to the city's motto of being smart, modern and religious. He claimed that distributing free condoms would increase the number of female sex workers in the city.

"We're pessimist that the distribution of contraception would prevent the spread of HIV/AIDS," he said. "There are many ways to prevent the spread of HIV and AIDS, but not by giving them contraception." (Antara/JG)

Children & domestic violence

The horrors of domestic violence in Indonesia

Jakarta Globe - January 9, 2012

Irfan Kortschak – In the communal violence that afflicted Ambon at the end of the 20th century, up to 13,000 men, women and children died, and many more were maimed and injured.

Large numbers of people participated in, suffered from or witnessed acts of extreme violence, and many saw family members and friends being killed. Entire communities were driven from their homes and villages. For the more vulnerable members of the community, particularly women and children, the communal violence often exacerbated violence they experienced at home at the hands of husbands, fathers and brothers. Violence against women in Indonesia is to a large degree not acknowledged or recognized as a problem, as incest, rape and domestic violence are all taboo subjects. Women who are beaten, tortured or abused by their husbands may be isolated from community support.

To provide psychological services to women and others suffering from violence, a group of six female psychologist-activists established the Pulih Foundation in 2001.

One of the worst cases of domestic violence in Ambon involved Santi, whose husband doused her with kerosene and set her on fire. In 2010, activists from Pulih drew attention to Santi's case in the national media. Plastic surgeon Enrina Diah offered to provide her services without charge, and various donors raised funds to support a series of grueling operations involving many hours of complicated surgical procedures. Following these operations, Santi is now able to care for her son by herself, and to work to support them both.

Here she describes the incident that lead to her disfigurement.

Santi

My husband set me on fire in 2003. I was in the hospital for eight months. He was held at a police station for three months, but he was never charged. The police let him go, saying there weren't any witnesses to prove there was a crime. But he tried to kill me. He picked up a plastic bucket when I was still burning and he put it over my head and held it there. The plastic melted all over my face. He wanted me to die. Of course he wasn't going to kill me in front of witnesses.

Later, my husband said that the stove had exploded. When I was still in the hospital, he came and threatened me. He made me say that's what happened. When the police took my first statement, that's what I told them. Later, I told them what really happened, but they said it was only my word against my husband's. My husband's father used to be in the Air Force but is now retired and receives a pension. The police don't want to get involved in a case involving a relative of the military.

My husband used to hit me often, usually when he was drunk. I hated him when he was drunk. Yet, I never asked for a divorce. My father left my mother when I was a young girl and I didn't want to be like my mother and raise my child without his father.

My son's name is Rezza and he is 8. He lives with my former mother-in-law, who lives about one kilometer away. I'd like to look after him myself, but I can't. I can't lift my arms. I can't move my head. I can't eat normally because the food falls out of my mouth. I can't look after my own child.

My mother-in-law is good to me. She often sends me rice, let me build a house on her property and sometimes gives me money. Still, she has never talked to me about what her son did. After my husband tried to kill me, he moved back with her and found himself a new wife. He suffered no indignation from the villagers and no one in his family blamed him. In Ambon, it's normal for men to hit their wives if they talk back. When I visit my boy, I see my ex-husband fight with his new wife. I heard he's threatened to do to her what he did to me if she doesn't watch herself.

I want an operation. I don't care about the way I look, but I want to be self-reliant. I want to get a job or run a business. There are a lot of factories in this area. If I could move my arms, I could get a job in a factory and look after my own child. I wouldn't be dependent on my mother- in-law.

The doctors said I'd need to go to Makassar or Surabaya to have an operation, but I can't afford to go. When I got out of the hospital, I went to the local newspaper to show them what happened. I thought that if they published a story about me, someone might give me the money to have the operation. That's how I met Ibu Leli, a journalist at the newspaper.

Several newspapers published my story, and the deputy mayor promised the local government would pay for my operation. But later, whenever I went to try to see her, her staff would say she was busy or sick or in a meeting. In the end, I gave up and never got anything.

I went to the deputy mayor's office by public transportation. I'm not ashamed of the way I look because I know it's not my fault this happened and I'm not going to let it stop me from going out. People in the street are mostly kind to me.

I want to be independent, I want to be able to earn money to look after myself, and I want somewhere to live. I don't want to be dependent on my mother-in-law and I don't want to live alone. I'd like to live with Leli and Augustina. I'd like to live with women who have been through the same kind of thing I have, in a place where we could look after and help each other. I'd like to live with other women like me because they would understand.

[This story first appeared in "Invisible People: Poverty and Empowerment in Indonesia," published by the PNPM Support Facility, a government of Indonesia, multidonor partnership for reducing poverty through community action. For more information about this book, see www.wayang.net/Invisible_People. The interview with Santi was facilitated by activists from the Pulih Foundation (www.pulih.or.id).]

Refugees & asylum seekers

Indonesia, Australia boost people-smuggling fight

Agence France Presse - January 9, 2012

Jakarta and Canberra on Monday agreed to boost their fight against people- smuggling, amid concerns that Indonesia's planned visa policies may result in a surge of asylum-seekers to Australia.

Australian Foreign Minister Kevin Rudd met his Indonesian counterpart Marty Natalegawa in Jakarta to discuss joint efforts to combat the growing number of illegal migrants using Indonesia as a springboard to Australia by boat, often in perilous journeys that end in tragedy.

"What we have agreed is to now embrace a program of joint cooperation on the question of document fraud and document identity," Rudd told reporters without elaborating.

Asylum seekers are suspected of entering Indonesia or other transit countries with forged travel or identity documents, before trying to head illegally for Australia.

Last month, an overloaded vessel, carrying about 250 mostly Iranian and Afghan asylum seekers, sank off Indonesia's eastern Java, killing all but 47 people on board.

Indonesia's proposal to relax visa restrictions for some foreign citizens, including major migrant source countries such as Bangladesh and Sri Lanka, leading to fears in Australia that more asylum-seekers will try to enter.

Rudd said Natalegawa had "confirmed" that new arrangements would be "subject to normal review within the Indonesian system" and handled by relevant officials and agencies.

Natalegawa said while new regulations require visitors to apply for visas in their home countries instead of Indonesia, their applications will still be processed in Jakarta "in most instances" and subject to proper procedures. "It is not on arrival or visa-free facilitation," Natalegawa told reporters.

Besides people smuggling, Rudd also discussed cooperation in trade, the economy and natural disasters management.

Graft & corruption

Democrat lawmaker gets 17 months for graft

Jakarta Globe - January 12, 2012

Ronna Nirmala – A former director general at the Social Affairs Ministry was sentenced to 17 months in prison on Thursday for his role in the flawed procurement of sewing machines and imported cows distributed to disaster relief victims.

Amrun Daulay, a Democratic Party lawmaker who oversaw social security assistance at the ministry, was found guilty of causing Rp 15.14 billion ($1.77 million) in state losses in 2004 and 2006 by foregoing normal bidding procedures and instead offering contracts directly to two firms – Lasindo and Atmadhira Karya.

"The defendant, following instructions from [former Minister] Bachtiar Chamsyah in the procurement of sewing machines and imported cows, used the method of direct appointment [without tender], which is unprofessional and caused unhealthy competition in the ministry," Judge Ugo said at the Anti- Corruption Court in Jakarta on Thursday.

The 17-month sentence handed to Amrun was lighter than the prosecutors' demand of two and a half years.

He said after the trial that he was considering whether to appeal the verdict. "I consider it as the decision from God," Amrun said. "It is relevant [to see] whether it is fair or not, but I sincerely [accept it]."

Former Minister Bachtiar was sentenced to 20 months in prison last year for his role in the case.

Nazaruddin's kin allegedly threatened to kill witness

Jakarta Globe - January 12, 2012

Agus Triyono, Ronna Nirmala & Ezra Sihite – Relatives of high-profile graft suspect Muhammad Nazaruddin allegedly threatened to kill key witness Mindo Rosalina Manulang in an attempt to force her to revoke her testimony against the former Democratic Party treasurer.

"They are H.S., A.A.N., and N.S.R.," Rosalina's lawyer, Muhammad Iskandar, said at the Witness and Victim Protection Agency (LPSK) office in Jakarta on Thursday. "They wanted Rosa to revoke her testimony that might be incriminating for Nazaruddin."

According to Iskandar, the relatives visited Rosalina's cell in Pondok Bambu prison on the nights of Dec. 26, Dec. 30 and Jan. 2 to deliver the threats. He said it was unclear how they managed to gain entry to the prison after official visiting hours.

"They threatened, 'I will kill you and your family if you don't revoke the investigation report [BAP]'," Iskandar said. He added that his client was unswayed by the threats, and would not be backing down from her original testimony.

Rosalina is a former manger of Anak Negeri, a company owned by Nazaruddin. She acted as a broker between the Sports Ministry and construction company Duta Graha Indah during the construction of an athletes village for the Southeast Asian Games held last November.

She was found guilty of colluding with Duta Graha regarding kickbacks for Nazaruddin, who reportedly received Rp 4.3 billion ($470,000) from the construction company for rigging the tender.

Rosalina was sentenced to two and a half years in prison for providing Rp 3.2 billion in bribes to Wafid Muharram, secretary of the Youth and Sports Affairs Ministry.

National Police detective unit chief Insp. Gen. Sutarman said that Rosa would be protected in a safe house provided by the LPSK and that police would investigate the threats. "A threat is a crime," Sutarman said. "We will protect the witnesses of corruption cases."

Top court overturns verdict, convicts Bengkulu governor

Jakarta Globe - January 11, 2012

Agus Triyono – The Supreme Court on Tuesday overturned the not guilty verdict against inactive Bengkulu Governor Agusrin Maryono Najamuddin and sentenced him to four years in prison for corruption.

Agusrin, who is from President Susilo Bambang Yudhoyono's Democratic Party, was found guilty of embezzling Rp 20.1 billion ($2.2 million) worth of land and building tax revenues in the province in 2006.

Last May, the Central Jakarta District Court, presided over by judge Syarifuddin Umar, acquitted Agusrin of all the charges.

The same judge was arrested a month later by the Corruption Eradication Commission (KPK) for receiving Rp 250 million from Puguh Wirayawan, a curator of Skycamping Indonesia.

The bribe, the KPK said, was in exchange for a favorable ruling in a banking case. The judge is now on trial at the Jakarta Anti-Corruption Court while Puguh was sentenced to three and a half years in prison last November.

Syarifuddin's arrest raised suspicions around the 39 corruption defendants he had acquitted during his time at the district court. Antigraft groups alleged Agusrin provided Rp 5 billion in bribes to the judge.

But Supreme Court judge Artidjo Alkotsar said that Syarifuddin's arrest had nothing to do with Agusrin's conviction. "There is evidence that connects Agusrin's role to that of Chaeruddin's," Artidjo said, in reference to the province's former chief of revenue and a co-defendant in the case.

Chaeruddin was sentenced to one and a half years in prison for opening up an account to launder the illicit funds. "It is impossible for a subordinate to open an account without the knowledge of his superior," Artidjo said.

Artidjo said the Supreme Court had examined cases handled by Syarifuddin shortly after he was arrested. The Supreme Court argued that although Syarifuddin had allegedly taken the bribe money, there is no indication that he had influenced other judges in the cases he had handled.

The Judicial Commission also formed an investigations team to evaluate cases handled by Syarifuddin. But the team has yet to announce the outcome of its investigation.

Prosecutors earlier said that Agusrin was having financial problems and spoke about his difficulties to Chaeruddin. Chaeruddin then suggested that Agusrin could take money from the province's land and building tax revenues and open another bank account, which was not monitored by the Provincial Legislative Council, to avoid detection.

During Agusrin's trial, Chaeruddin said that he had personally transferred Rp 7 billion into Agusrin's personal account. Chaeruddin had even shown judges pictures said to depict Agusrin receiving the money he had been given.

But Syarifuddin's court opted to ignore Chaeruddin's remarks, saying that there was little evidence to substantiate his claims. The KPK has not yet investigated antigraft groups' accusations that Syarifuddin might have also received bribe money from Agusrin.

Bandung mayor hands over cash to prosecutors

Jakarta Globe - January 10, 2012

Yuli Krisna, Bandung – Bandung Mayor Dada Rosada brought Rp 2.45 billion ($267,000) to the West Java Prosecutor's Office in compensation as authorities investigated allegations of embezzlement linked to city coffers, an official said on Tuesday.

Fadil Zumhanna, West Java's assistant chief prosecutor on special crime, said his office was investigating Rp 80 billion earmarked by the city for social aid in 2009 and 2010.

The Rp 2.45 billion submitted by Dada "is still far from the losses incurred, but we appreciate it," he said adding that Dada came to his office last Friday along with city secretary Edi Siswadi.

"When [Dada] came to the West Java prosecutors office, he carried Rp 2.45 billion in cash as compensation of state losses. We have confiscated the money and channeled it to the prosecutors office's bank account," Fadil said.

He added that Dada was still just a witness in the case, but the mayor could end up facing charges if prosecutors could determine his exact role in the alleged embezzlement case.

Fadil highlighted the 2001 Law on Corruption, which stipulates that compensation of state losses "does not erase the crime." Dada's move however, he said, would be taken into consideration as a mitigating circumstance if his case is prosecuted.

Padjadjaran University criminal law expert Indra Perwira said he was amazed by the mayor's move, which he described as "extremely odd" and "unusual". "We still don't know whether there is really a crime and what Dada's role is in all this," Indra told the Jakarta Globe.

"To question the mayor we must first secure permission from the president, but [Dada] came voluntarily, saying it was his duty as a citizen. But I am intrigued exactly what kind of money was returned by the mayor and how the mayor got that money. The sum is huge, after all. If you return money to the state that means it was obtained illegally, so there is a crime."

The West Java prosecutors office had already declared eight suspects in the case, including Dada's aides, who were identified as M.A., Y.S., A.S. and L.B.

Prosecutors began investigating the case last year after the Supreme Audit Agency (BPK) discovered irregularities in the city's social aid programs.

The city had spent Rp 79.6 billion of the Rp 80 billion budget, but Bandung officials only presented to the BPK receipts showing that the money had been disbursed, but did not specify to whom the money went or for what purpose.

City officials also could not show requests for social aid from the city or records of social activities or projects that used the social aid fund, BPK reported. The case also led to the downfall of a police officer, identified as M.R., who is being internally investigated by police in West Java.

Justice ministry signs off on new detention center for graft convicts

Jakarta Globe - January 10, 2012

Rizky Amelia – The Ministry of Justice and Human Rights plans to build a Rp 70 billion ($7.7 million) special detention facility for suspects investigated by the Corruption Eradication Commission.

The antigraft commission known as the KPK had been pleading for its own detention center, saying it was needed to monitor graft convicts and detainees. Such people are now held in 12 facilities in Jakarta and West Java.

"A decision has been made by [Justice] Minister [Amir Syamsuddin] and the minister says OK," said Sihabuddin, director general of penitentiary affairs at the ministry.

Sihabuddin said the special facility would allow the KPK to expedite its investigation process by having all of its detainees under the same roof. The arrangement would also allow the KPK to impose stricter monitoring of its suspects.

In 2008, graft convict Artalyta Suryani was caught communicating with then co-defendant Urip Tri Gunawan. Artalyta was accused of giving Urip a $660,000 payoff and for trying to coordinate false testimonies during their trials. Artalyta at the time was detained at the National Police detention facility while Urip was at the Salemba penitentiary.

The country's penal system was also the subject of intense criticism after revelations that several high-profile inmates, including Artalyta, were enjoying special treatment and lavish facilities, including air conditioners and LCD televisions.

Sihabuddin said the ministry planned to build a 500-cell detention center for the KPK, but it was not known where the facility would be built. "The KPK wants the facility to be operational immediately, but the decision has just been announced by the minister so we haven't decided much yet," the director general said.

The KPK, he said, would be in charge of financing the eventual operations of the facility, but the ministry would take care of planning and recruitment. "For the personnel inside the detention facility, that is the minister's decision," he said. "The chief warden, the center's doctors, everything is under control of the minister."

In 2009, the KPK requested Rp 93 billion to establish its own prison and detention facilities for corruption convicts and suspects. The proposal was rejected by the House of Representatives

The KPK argued that corruption convicts and suspects could enjoy special privileges by bribing officials. The detainees, the KPK argued, could also face threats and extortion from the rest of the prison population, in jail for ordinary crimes.

Sihabuddin said the proposed facility would only serve graft suspects investigated by the KPK and not convicts who had been sentenced by the court.

The ministry, which oversees the penal system in the country, had already established a special wing at the Cipinang penitentiary in East Jakarta dedicated to corruption convicts.

'Big boss' gets a closer look in Nazaruddin case

Jakarta Globe - January 10, 2012

Markus Junianto Sihaloho & Ezra Sihite – Golkar Party lawmaker Melchias Markus Mekeng is facing a possible investigation after he was identified by graft suspect Muhammad Nazaruddin as the person behind a bribery scandal surrounding the athletes' village for the SEA Games.

A Prosperous Justice Party (PKS) politician, Aboe Bakar Al Habsyi, has demanded that the Corruption Eradication Commission (KPK) and the Financial Transaction Reports and Analysis Center (PPATK) look into Melchias's bank accounts to determine if he received money from the scandal.

Nazaruddin, the former treasurer of the ruling Democratic Party, accused Melchias last week of being the "big boss" mentioned in SMS messages between the alleged broker in the case, Mindo Rosalina Manulang, who worked for Nazaruddin, and another Democrat, Angelina Sondakh.

Melchias, according to Nazaruddin, played a key role in rigging the bidding process for the athletes' village in Palembang, South Sumatra.

"This could be the major breakthrough needed to resolve [the bid-rigging] case. [Tracking the transactions] should be easy enough for the PPATK," said Aboe Bakar, a member of the House legal affairs commission.

Although Nazaruddin has made numerous allegations against other politicians as well as members of the KPK, Aboe Bakar said it should not stop the antigraft body from taking this latest claim seriously.

Melchias has denied the allegation. He said he did not join the House Budget Committee until July 2010, which was after the body had approved the funding for the athletes' village.

"I was not involved. The allocation for the athletes' village was deliberated as part of the 2011 budget revision, before I had joined the House's Budget Committee, either as a member or chairman," he said in a three-page statement.

"To help the legal process proceed clearly, I ask Nazaruddin and anyone else who testifies in court to clearly specify the names of the people involved in the case, including the chairman of the House's Budget Committee, so it won't slander others."

Democratic Party lawmaker Achsanul Qosasi said Nazaruddin should confirm that the "big boss" he was referring to was in fact Melchias, and explain his exact role in the case.

"At the House [lawmakers] call each other 'big boss,' and sometimes even normal members are called that when we are in a discussion," he said. "It is unfortunate that there is all this speculation [because of Nazaruddin's remarks]. He needs to explain this."

Melchias said House Commission X, which oversees sports, deliberated the budget for the athletes' village. The discussion of the construction project also involved the Sports Ministry, he said.

On Jan. 20, 2010, he said, both House Commission X and the central government agreed to form a working committee for the SEA Games and the Para Games in 2011. The working committee, he said, was led by Mahyuddin, a Democrat and chairman of House Commission X.

Commission X members of the working committee included deputy chairmen Rully Chairul Azwar of the Golkar Party, Heri Akhmadi of the Indonesian Democratic Party of Struggle (PDI-P) and Abdul Hakam Naja of the National Mandate Party (PAN). The committee included lawmakers from every party and faction in the House.

Adang denies swaying vote in BI case

Jakarta Globe - January 9, 2012

Rizky Amelia & Ezra Sihite – The husband of corruption suspect Nunun Nurbaetie has denied influencing a former lawmaker to vote for economist Miranda Goeltom as a Bank Indonesia deputy governor in 2004.

Adang Daradjatun, a former National Police deputy chief, says he knew Udju Djuhaeri, who was a member of the now-defunct police and military faction in the House of Representatives, but never tried to sway his vote.

"I was the National Police deputy chief at the time but the faction was dominated by members of the Armed Forces," he said. "How would it have been possible for me to give orders to member of the military?"

Adang's wife, Nunun, is at the center of a Rp 24 billion ($2.6 million) bribery scandal linked to Miranda's appointment. A total of 28 former and active lawmakers had been convicted of receiving bribe money, including Udju, a retired police officer.

Udju was questioned by the Corruption Eradication Commission (KPK) on Monday, and told commissioners that Adang had facilitated a meeting between him, Nunun and Miranda. Nunun and Miranda are said to be friends who ran in the same social circles.

The antigraft commission also questioned Arie Malangjudo on Monday. Arie is a former director of Wahana Eka Sembada, a palm oil plantation company that was owned by Nunun.

Arie told the KPK that in 2004 Nunun ordered him to distribute traveler's checks to lawmakers from the Golkar Party, the United Development Party (PPP), the Indonesian Democratic Party of Struggle (PDI-P) and the police and military faction. All of these lawmakers supported Miranda's bid to become the central bank's senior deputy governor.

"[Nunun] asked me for a favor so I distributed what had been entrusted with me," Arie told reporters at the KPK office in South Jakarta.

Arie, however, claimed that he did not know what the travelers' checks were for. "But they turned out to be controversial," he said.

KPK spokesman Priharsa Nugraha said the antigraft commission had also summoned Budi Santoso, the finance director of First Mujur Plantation. According to the Financial Transaction Reports and Analysis Center (PPATK), an anti-money laundering body, the checks were purchased by First Mujur from Bank International Indonesia. First Mujur is an associated company of the Artha Graha Group, which also owns Artha Graha Bank.

Shortly after Miranda was appointed to Bank Indonesia, Artha Graha Bank purchased a small lender, Bank Inter-Pacific, which allowed it to list on the Indonesia Stock Exchange without an initial public offering. The central bank signed off on the merger.

Nunun was arrested last month after spending nearly two years abroad. KPK chairman Abraham Samad has said that with information from Nunun, they now have enough evidence to name the alleged mastermind of the bribery as a suspect in the case.

The antigraft body has so far arrested and convicted people who received the bribe but not the alleged financier. Nunun has said she told investigators everything she knows.

Freedom of religion & worship

House members' Yasmin mission hit by Islamists

Jakarta Globe - January 15, 2012

Vento Saudale & Markus Junianto Sihaloho – Two legislators who joined the beleaguered GKI Yasmin congregation for Sunday services in Bogor got a firsthand view of the animosity directed toward the group when they were jeered and jostled by Islamic hard-liners.

Eva Kusuma Sundari and Lily Wahid, from the House of Representatives, joined the Christian congregation as they gathered in a supermarket parking lot to worship on Sunday morning.

But the service was interrupted by hundreds of members of the Indonesian Muslim Communication Forum (Forkami) and the Islamic Reform Movement (Garis), who chanted "Allahu akbar" ("God is great") while mocking and shoving the worshippers.

The congregation, which has been forced to hold its services at members' homes or on the sidewalk after the building permit for its church was revoked by the local mayor, then moved to a member's house, but was followed by the mob.

Bona Singalinging, a spokesman for the congregation, said the mob also attempted to break up the service at the house, forcing the congregation to suspend their worship until the hard-liners had dispersed.

"This was intimidation on the part of Forkami and Garis to come to a congregation member's house and try to break up our service," he said.

Eva, from the Indonesian Democratic Party of Struggle (PDI-P), said the experience had strengthened her empathy for the GKI Yasmin members as well as other marginalized groups. "The GKI Yasmin case isn't just about the church, but about national integrity and the rule of law," she said.

Shewas referring to Bogor Mayor Diani Budiarto's continued refusal to abide by a Supreme Court ruling ordering him to reopen the church. "I see these people [from Forkami and Garis] as the mayor's puppets, who are willing to be mobilized to flout the law."

Eva derided Forkami's claims that she and Lily were interfering in a local matter, saying that as legislators they were constitutionally empowered to monitor such cases. She also suggested that Diani's controversial stance might be financially motivated.

"There's no way the mayor would issue the permit and then all of a sudden rescind it if there wasn't some material gain to be had from the move," she said. "But we need proof to back up that idea."

Lily, from the Islam-based National Awakening Party (PKB), said she had received a report that a third party had offered to buy the church's land from the city. Bona said the offer had come to light shortly after Diani's office offered to relocate the church. Diani could not be contacted for a response to the claims.

Lily said she hoped that the central government would play a greater role in the matter by forcing Diani to comply with the Supreme Court ruling. She said that by letting the standoff continue the authorities were risking an imminent violent clash.

Calmed East Java Shiites return home

Jakarta Globe - January 13, 2012

After days of negotiations, the local administration and police in Sampang, East Java, convinced 300 Shiite Muslim refugees to return to their homes on Thursday afternoon.

"The situation in their village is safe and under control. We have 240 Mobile Brigade [Brimob] officers and 60 military personnel securing their village," Sampang Police chief of operations Comr. Danuri told the Jakarta Globe.

Danuri added that four Shiite leaders were asked not to return home because of police fears that their presence might incite further conflict.

The Shiites, originally from Nangkernang village, had been taking shelter at a football stadium since an attack by hundreds of Sunnis, who burned their homes, a mosque and a school on Dec. 29 last year.

The Shia branch of Islam is followed by a minority in Sunni-dominated Indonesia.

Yasmin says tension escalating

Jakarta Post - January 13, 2012

Jakarta – The embattled GKI Taman Yasmin church in Bogor, south of Jakarta, claimed on Thursday that its parishioners had experienced escalating intimidation and threats from detractors since Christmas.

The church reiterated its demand for President Susilo Bambang Yudhoyono to walk the walk after saying "they [GKI Yasmin] have a right to their church" and protect the worshippers.

During a joint press conference at the Wahid Institute, an organization founded by the late pluralist and former president Abdurrahman Wahid, GKI Yasmin spokesman Bona Sigalingging said that Islamic hard-liners had stepped up their threats.

"They used to deliver hate-filled words against us. Now they are brave enough to threaten our property," Bona said.

Bona recalled the last incident on Jan. 1 when a group of detractors chased a worshipper's car and threatened to set it on fire because it had a sticker reading "We need friendly Islam, not extreme Islam" on it. "Even a small thing can inflame the tension," he said.

Bona also said the detractors frequently threatened to beat up the parishioners but were prevented from doing so by police officers. "Police officers can prevent such actions now, but how long can they keep it that way?" he quipped.

The congregation was stopped from conducting Christmas service inside the church building, and even on the street near the church. The church members have been prohibited from conducting religious activities for more than two years.

As the tension heated up, Bona said that the President should firmly instruct Bogor Mayor Diani Budiarto to obey the Supreme Court's December 2010 ruling that guarantees the church's right to use its the building.

M. Subhi Azhari, the Wahid Institute's Pluralism Monitoring and Advocacy program officer, said his organization had seen the increasing intimidation against the church's members.

"The increasing intimidation against the church's members is no exaggeration. As we don't see good intention on the part of the city government in resolving the problem, we should rely on the central government's initiative," he said.

Muhammad Choirul Anam from the Human Rights Working Group said that the police should have not allowed the detractors to approach the church. "The police have seen that the detractors can violate the church members as well as their property," he said.

Jakarta Legal Aid Foundation director Nurkholis Hidayat said the officers could have detained the detractors for inciting hatred. "It is allowed under the prevailing law," he said. (lfr)

Waiting for justice for Bogor, Bekasi churches

Jakarta Globe - January 12, 2012

Camelia Pasandaran – In the long-running battle for churches to open houses of worship, some are asking whether a solution will ever come.

"We have exhausted ourselves trying to report the case to the Human Rights Commission [Komnas HAM], the Judicial Commission, the House of Representatives and even the vice president," the Rev. Palty Panjaitan said. "But nothing has changed. We can only wait for the Bekasi government's kindness and hope that God hears our prayers."

Palty's church, the Filadelfia congregation of the Batak Christian Protestant Church (HKBP) in Bekasi, is in the same boat as the GKI Yasmin church in Bogor.

It submitted an application for a building permit in 2007, but Palty said that despite meeting all the requirements, including the agreement of its neighbors, a permit was not issued.

The congregation worshiped on its own land in a semi-permanent building while waiting for the permit. But on Dec. 31, 2009, the Bekasi government banned it and on Jan. 12, 2010, it sealed the building.

Just as in the case of GKI Yasmin, HKBP went to the Administrative Court and won. The case went all the way up to the Supreme Court and, like in the GKI Yasmin case, the court sided with the church in June 2001.

But also like the Yasmin church's case, the Supreme Court ruling has yet to be implemented.

Palty said there was nothing more the church could do. "Just look at the GKI Yasmin case. They did not lack in efforts to get what was rightfully theirs," Palty said. "They have gained no significant results."

GKI Yasmin spokesman Bona Sigalingging maintained that his church would continue its fight. "We will not give up," Bona said. "If we agree with the Bogor mayor to move the church to a new site, it will have domino effect on other cases, such as on the Ahmadiyah. Other local governments will destroy the supremacy of the law by disobeying the highest court decision and pressuring the minority."

Though GKI Yasmin has the support of non-government organizations, state institutions seem reluctant to take a firm stance on its case. "It is the authority of the Bogor court to execute [our ruling] as we have sent it back to them," Supreme Court spokesman Andri Tristianto Sutrisna said. "We cannot comment on it further."

The law says rulings should be carried out by the public officials or higher authorities. In this case, since Bogor Mayor Diani Budiarto refuses to obey the court, it should be decided by the West Java governor. The Ombudsman said it had already issued a recommendation for West Java Governor Ahmad Heryawan and the president to execute the ruling.

"The president should have summoned the governor and [the Home Affairs Ministry] to force the implementation of the court ruling," said Azlaini Agus, deputy chairwoman of the Ombudsman. "Nothing else could be done at this point, as it now depends on the president's decision."

Home Affairs Minister Gamawan Fauzi said he was determined to end the case, though it might not necessarily be the same with the court's ruling. Diani, he said, claimed that the Supreme Court only ordered him to revoke his decision on banning the church's activity and that the building permit was a different issue.

But Azlaini said the ruling was clear: the Yasmin church should be reopened. "We're a law-abiding country," she said. "Should we change the Constitution to turn our nation into a whatever-you-like country?"

Gamawan claimed to have not heard of the Supreme Court ruling in the Bekasi case, which was made in June 2011. He said if the court had made such a ruling, he would order the Bekasi district government to obey it and reopen the church.

Two years on, Bekasi church waiting to worship on own land

Jakarta Globe - January 10, 2012

Camelia Pasandaran – With the GKI Yasmin church in Bogor still forced to hold services outdoors despite a favorable Supreme Court ruling, a church in Bekasi has been waiting since 2010 to put an end to their roadside services.

The Filadelfia congregation of the Batak Christian Protestant Church submitted an application for a building permit in 2007, but church leaders say that despite meeting all the requirements, including the agreement of their neighbors, a permit was never issued.

"So, as a way to solve it, on the 1,000 square meters of land owned by the church we build a semi-permanent building to worship," Rev. Palty Panjaitan told the Jakarta Globe. "It is only like a tent, built on some steel poles and covered with a tarp. The other rooms were only a warehouse to store the chairs and toilet."

But on Dec. 31, 2009, the Bekasi district head issued a letter banning the members of the congregation from worshipping on the land, forcing the 560 members to hold services along the side of the road fronting the property.

In one video of a church service uploaded to YouTube in February 2010, parishioners listen to a sermon while motorcycles pass by on the road just a few meters away.

Church leaders reported the case to the Bandung Administrative Court (PTUN), and won a favorable ruling in September 2010. The court ruled that the decision to ban services on the church's property was unconstitutional.

An appeal by the Bekasi district government to the Jakarta Administrative court backfired, with the judges in March 2011 reaffirming the earlier ruling by the Bandung court and urging the Bekasi administration to issue the long-delayed building permit.

A further appeal by the Bekasi district government to the Supreme Court ended similarly. The nation's highest court ruled in June 2011 that barring the congregants from worshipping on church property was a violation of the law.

Rev. Palty said on Tuesday that despite three favorable rulings in three different courts, church services continued to be held by the side of the road.

"We have exhausted ourselves trying to report the case to the Human Rights Commission, the Judicial Commission, the House of Representatives and even the vice president," Palty said. "But nothing has changed. We only wait for the Bekasi government's kindness and hope that God hears our prayers."

House must address Bogor church's constitutional rights: Lawmakers

Jakarta Globe - January 10, 2012

Markus Junianto Sihaloho – Lawmakers used a House of Representatives plenary on Monday to call for a special meeting with the government to discuss the issue of the GKI Yasmin church in Bogor.

The church is embroiled in a dispute with the Bogor Mayor Diani Budiarto, who has refused to abide by a Supreme Court verdict that ordered him to lift a ban on the church that is in a residential area.

Maruarar Sirait, from the Indonesian Democratic Party of Struggle (PDI-P), said the problem afflicting the church was due to the inability of the state to guarantee its members' rights to freedom of worship.

"I demand that a discussion of this problem be scheduled immediately," Maruarar said. The House had scheduled a meeting to discuss the issue, but the ministries that had been invited demanded a postponement.

Maruarar said it was imperative for the House to discuss the church's problem and settle it so that the body could "become the pioneer in the protection of the freedom of religion that is guaranteed by the Constitution."

Golkar Party lawmaker Nusron Wahi argued that it would be strange if the legislature allowed a disrespect of Supreme Court rulings to take place. "Our Constitution clearly provides for the protection of the rights of worship for every citizen," he said.

Radical Islamic groups are pressuring the church's congregation to worship elsewhere. Since 2008, the members have been forced to hold their Sunday services on the sidewalk outside the church, but radical groups have continued to harass them.

Hard-line & vigilante groups

Police fail to act against FPI after attack on ministry

Jakarta Globe - January 14, 2012

Ronna Nirmala – The Jakarta Police said on Friday that they had questioned three witnesses about an attack on the Home Affairs Ministry by hard-line Islamic groups.

The attack on Thursday happened as hundreds of members of the Islamic Defenders Front (FPI) and the Islamic People's Forum (FUI) rallied in front of the ministry to protest its decision to revise several regional bylaws restricting the sale and distribution of alcohol. Some of the protesters began pelting the ministry with stones, breaking several windows.

"Everyone has the freedom to express themselves, but they cannot damage government property," Jakarta Police spokesman Sr. Comr. Rikwanto said. He said the police would not sanction the two organizations, but would go after the individuals involved in the vandalism.

"We have questioned three demonstrators. We aren't judging them based on their connection to any groups, but on the individuals responsibility for the damage," he said.

Home Affairs Minister Gamawan Fauzi said on Thursday that while the FPI and FUI had the constitutional right to exist, the ministry would "evaluate" the groups' involvement in the incident.

"We have decided to take two courses of action," he said. "First, we have already asked law enforcement to investigate the case and charge those responsible for the attack. Second, we are going to evaluate the organizations, which might lead to freezing them over anarchic acts."

Gamawan did not offer details on potential actions his ministry might take against the groups.

The FPI has long waged what it calls a moral crusade, often in direct violation of laws and regulations. Few of its members have ever faced charges, and those who have ended up in court have received light sentences.

"We are not looking for a scapegoat or to distance ourselves from the case," FPI chairman Muhammad Rizieq Shihab said on Friday. "We will leave it to the police. Let them investigate because they must have obtained the surveillance camera footage showing who was responsible for [Thursday's] incident."

The protest and attack occurred despite the Home Affairs Ministry's insistence that it was not seeking to repeal the bylaws on alcohol sales. Spokesman Reydonnyzar Moenek said the ministry had simply asked the regions to revise the bylaws in line with higher laws and regulations.

"It is just a misinterpretation of the central government's letter on the liquor bylaws, Reydonnyzar said. The ministry, he said, would change "the wording" of the letter to avoid further confusion.

Rizieq said that after meeting ministry officials on Friday, the FPI would examine the local bylaws and help get them in law with existing laws. "The FPI will form a team to formulate a comprehensive solution, which will be submitted to the ministry," he said.

Govt threatens to freeze hard-line Islamic groups after ministry attacked

Jakarta Globe - January 12, 2012

Camelia Pasandaran – The Indonesian government signaled that it may finally act against the hard-line Islamic Defenders Front (FPI) after a mob stoned the Home Affairs Ministry in a shocking attack in Central Jakarta on Thursday.

Home Affairs Minister Gamawan Fauzi told the Jakarta Globe that the ministry would "evaluate" both the FPI and fringe Islamic People's Forum (FUI) – which has been vocal in the campaign against the GKI Yasmin church in Bogor – on Friday.

He said the evaluation could result in a freeze on the activities of the FUI and FPI, which continues to wage what it claims is a moral crusade, often in direct contravention of Indonesian law.

"We have decided to take two courses of action," Gamawan told the Globe. "First, we have already asked law enforcement to investigate the case and charge those responsible for the attack. Secondly, we're going to evaluate the organizations, which might lead to freezing the organization concerning the act of anarchy."

Few members of the group, often condemned as a group of thugs, ever face charges for their often violent stand-over tactics. The few that have only receive light sentences.

Indonesian Islamic groups stone home affairs ministry in Central Jakarta

Jakarta Globe - January 12, 2012

Arientha Primanita, Camelia Pasandaran & Carla Isati Octama – Members of Indonesia's hard-line Islamic Defenders Front (FPI) stoned the Ministry of Home Affairs in Central Jakarta on Thursday, just a day after the minister earlier accused religious groups of "spreading lies" during an ongoing dispute over alcohol sales.

A crowd estimated at around 1,000 people, comprising members of the FPI and Islamic People's Forum (FUI), descended on the ministry on Jalan Merdeka Utara at 11 a.m., pelted the building with stones, breaking windows. Police reportedly arrived about an hour after the attack began.

Islamic People's Forum (FUI) secretary general Muhammad Al Khaththath said the sale of alcohol was against Islamic teachings and should be banned. "The Home Affairs minister should repent, and apologize to everybody," Al Khaththath said. "He should step down and return to [Padang, West Sumatra]."

The protest ended when police arrived, with demonstrators praying in the middle of the road, causing traffic chaos.

Home Affairs Minister Gamawan Fauzi on Wednesday lashed out at the Indonesian Council of Ulema for "spreading lies" in the wake of the government's decision to revise local bylaws regulating the sale of alcohol.

"Indonesian religious people like to comment. It's their hobby," Gamawan said. "They know nothing about the case they are commenting on. They like to spread lies that tend to be slander. Why is the MUI also commenting without bothering to check [the facts]?"

The ministry rejected on Tuesday allegations by religious groups that it had revoked regional bylaws that limit or ban the sale of alcohol in direct contravention of national legislation or presidential instructions.

The ministry said it was simply revising the bylaws. The council known as the MUI and Hizbut Tahrir Indonesia continued their attacks on the government on Wednesday.

MUI chairman Amidhan accused Gamawan of indirectly siding with alcohol producers. "The nation has not recovered from the multi-dimensional crisis of moral degradation. Alcoholic beverages are one of the sources of addictive crime," Amidhan said.

The MUI, he continued, would stage meetings with local governments and regional representatives council and urge them to defend such bylaws.

"Bylaws [banning alcohol] were enacted based on the aspirations of people in those regions. If, say, in the Indramayu district [West Java] people want to ban liquor, then it's their right," Amidhan argued.

The MUI has issued a fatwa, or religious edict, against alcoholic beverages and demanded the government to enforce it.

Gamawan said that in the last two years he had ordered nine bylaws, including from areas such as Bandung, Indramayu and Tangerang, that banned alcohol to be reviewed but had not revoked them. The bylaws, he said, were not in line with laws and regulations imposed nationally and the central government had sent letters to the regional governments asking for the bylaws to be revised.

Alcohol is classified into three categories: A (with an alcohol content of 5 percent or less), B (above 5 percent to 20 percent) and C (above 20 percent to 55 percent).

National regulations state that the sale of alcohol classified as B and C should be controlled and limited to places such as hotels, restaurants, nightclubs and duty-free shops. Alcohol classified in the A group, such as beer, can be sold anywhere.

HTI spokesman Muhammad Ismail Yusanto said revoking the bylaws for the sale of alcohol should not be allowed, insisting that it would lead to an increase in crime.

"Legalizing the distribution of the alcoholic drinks is dangerous for people's morality. With the bylaws, crime rates could be minimized," Ismail said. "It is the [national law and presidential decrees] allowing the distribution of alcohol that need to be revised."

FPI mobs ministry, faces freeze

Jakarta Globe - January 12, 2012

Arientha Primanita & Camelia Pasandaran – The government signaled on Thursday that it may finally act against the hard-line Islamic Defenders Front after a mob of its members stoned the Home Affairs Ministry in a shocking attack earlier in the day.

Home Affairs Minister Gamawan Fauzi said the ministry would "evaluate" both the group known as the FPI and the fringe Islamic People's Forum (FUI), which has been vocal in the campaign against the GKI Yasmin church in Bogor, today. "If necessary, we will freeze them," he said.

The Constitution may respect the right of these groups to exist, he said, but they need to obey the law. "We have decided to take two courses of action," he said.

"First, we have already asked law enforcement to investigate the case and charge those responsible for the attack. Second, we're going to evaluate the organizations, which might lead to freezing them over anarchic acts."

Gamawan did not offer details on possible actions against the groups, if they would be permanently outlawed or their activities only temporarily halted.

The FPI has long waged what it refers to as a moral crusade, often in direct violation of laws and regulations. Few of its members have ever been charges for their often violent tactics, and those who have received light sentences.

Misbakhul Anam, the secretary of the FPI's legislative council, was quick to apologize for the actions of the group's members. "We are officially apologizing and hopefully our good relations with the Home Affairs Ministry will not be disturbed by the incident," he said.

He said the organization had attempted to control its members, and blamed the whole thing on youthful exuberance. "They are young with high emotions and short fuses," he said. But he also said the incident would not have happened had the minister simply come out to meet with the demonstrators.

Diah Anggraini, the ministry's secretary general, said that at the time of the rally Gamawan was attending a hearing at the House of Representatives to discuss special autonomy in Aceh. Diah added that the FPI and the FUI would have to face the legal ramifications of their members' actions.

The attack happened as hundreds of FPI and FUI members rallied in front of the ministry to protest its decision to alter several regional bylaws concerning the sale and distribution of alcoholic beverages.

Some of the protesters began pelting the ministry with stones, breaking several windows.

Jakarta Police spokesman Sr. Comr. Baharuddin Djafar said the attack had been reported to the police, who were investigating.

FUI secretary general M uhammad Al Khaththath called on Gamawan "to repent to God and apologize to all the people, resign and go home to West Sumatra." FPI member Subhan Burhanuddin said Gamawan's actions were "hurting Muslims because alcohol [consumption] is prohibited by Allah."

Ministry spokesman Reydonnyzar Moenek said the ministry had not revoked any regional bylaws but rather had asked the regions to revise them so they would be in line with higher laws and regulations.

He added that since 2000, the ministry had evaluated 9,000 regional bylaws and found that 351 had the potential to be problematic. Bylaws regarding regional taxes and route permits for public transportation, as well as the nine dealing with alcohol, were among them.

Home Affairs Minister accuses religious groups of 'spreading lies'

Jakarta Globe - January 11, 2012

Camelia Pasandaran & Carla Isati – Home Affairs Minister Gamawan Fauzi has hit out at the Indonesian Council of Ulema (MUI) for "spreading lies" in the wake of the government's decision to revise local bylaws that prohibit regulate the sale of alcohol.

"Indonesian religious people like to comment, it's their hobby," Gamawan told the Jakarta Globe on Wednesday. "They know nothing about the case they are commenting on; they like to spread lies that tend to be slander. Why is MUI also commenting without bothering to check [the facts]."

The ministry on Tuesday was forced to reject reports by religious groups that it had revoked regional bylaws that limit or ban the sale of alcohol, in direct contravention of national legislation or presidential instructions. The ministry said it was simply revising the bylaws.

MUI and the conservative Hizbut Tahrir Indonesia on Wednesday continued their criticism of the government. HTI spokesman Muhammad Ismail Yusanto said revoking the bylaws would lead to an increase in crime.

"Legalizing the distribution of the alcoholic drinks is dangerous for people's morality. With the bylaws, crime rates could be minimized."

MUI chairman Amidhan said: "The nation has not recovered from the multi- dimensional crisis, moral degradation. Alcoholic beverages are one of the sources of addictive crime."

Gamawan, a devout Muslim, said he had not revoked the bylaws in three regions, namely Bandung, Indramayu and Tangerang. He reiterated that he had sent letters to the regional governments asking that they revise bylaws that contravened higher laws.

"Islam teaches us to ask," he said. "So, get to know the problem before coming up with lies."

Yusanto, asked to comment on the Gamawan's clarification, said the sale of alcohol should be banned entirely.

Indonesia Trade Ministry denies canceling alcohol bylaws

Jakarta Globe - January 11, 2012

Dessy Sagita & Ezra Sihite – Indonesia's Home Affairs Ministry on Tuesday denied reports that it has canceled nine bylaws regulating the trade of alcohol after questions from politicians and angry reactions from Islamic organizations.

"The minister [Gamawan Fauzi] did not revoke any bylaws on alcohol, it's just an evaluation to adjust some points, not a cancellation," a spokesman for the Home Affairs Ministry, Reydonnyzar Moenek, said on Tuesday.

Reports that the ministry had revoked bylaws restricting alcohol sales in Tangeran and West Java's Bandung and Indramayu sparked angry reactions, particularly from Islamic organizations.

Lawmakers such as Gandjar Pranowo, from the opposition Indonesian Democratic Party of Struggle (PDI-P), and Anis Matta, from the Islam-based Prosperous Justice Party (PKS), both strongly criticized the idea of revoking the bylaws. They said such a move would be an insensitive step that could harm the public.

Others claimed that lifting restrictions on alcohol sales would pose a risk to public order. "There are many security issues related to this, it's not simply a matter of religion," Anis said earlier on Tuesday.

But the ministry spokesman said it was all a misunderstanding. "I would like to emphasize that the minister supports limitations on alcohol sales in Indonesia," Reydonnyzar said.

The ministry, he said, has been evaluating some 9,000 bylaws issued between 2000 and 2011. "Among all those bylaws, we decided to re-evaluate 351 bylaws because they were potentially in conflict with higher laws or regulations," he said. Nine bylaws issued in Bandung, Bali, Tangerang and several other areas were among those being evaluated.

Redonnyzar said alcohol was classified into three categories: A (with an alcohol content of 5 percent or less), B (above 5 percent to 20 percent) and C (above 20 percent to 55 percent).

"The problem was that regional governments erased the categories and simply banned all kinds of alcohol, which should not happen, and we just want to clarify that point," the spokesman said.

Reydonnyzar said the ministry was aware of the strong reaction from many parties regarding the matter. However, he said, the protests were merely the result of a misunderstanding.

"People protested because they didn't understand that we are not trying to revoke any bylaw on alcohol," he said. "It's about re-adjustment, not cancellation."

Islamic law & morality

Regions defend alcohol bylaws despite government calls for revision

Jakarta Post - January 14, 2012

Yuli Tri Suwarni and Multa Fidrus, Bandung/Tangerang – A number of regional administrations are insisting on keeping bylaws that ban the distribution of liquor despite the government's recommendation that they be repealed because they contradict higher laws and regulations.

Bandung municipal administration says its bylaw will remain in force and it will continue to carry out inspections on roadside stalls and minimarkets, ignoring the Home Ministry's recommendation to revise the bylaw.

Bandung's Industry and Trade Agency head, Ema Sumarna, said on Friday that the administration would carry out inspections on 515 supermarkets, minimarkets and stores to ensure that no alcoholic drinks were sold openly.

The policy, he said, was based on a 2010 bylaw and a 2011 municipal decree, both of which stipulate that alcoholic drinks can be sold only at licensed three to five-star hotels, discothhques, karaoke halls and nightclubs.

"Supermarkets, minimarkets, shops and jamu [herbal medicine] kiosks are no longer allowed to sell it [alcohol]. If we find any, it will be confiscated."

Bandung Public Order Agency head Ferdi Ligaswara said: "It is in the interest of the public that alcoholic drinks are not sold openly."

In Tangerang, dozens of local Muslim scholars, religious figures and Islamic boarding school students staged a rally at the city administration office to protest the Home Ministry's recommendation that the administration repeal its 2005 bylaw banning the consumption and distribution of alcoholic drinks.

Local Muslim figure Baijuri Kholid said the Home Ministry's decision was an affront to all Muslims in the country because the presence of such liquor bylaws had helped disseminate Islamic teachings that reject the consumption of alcohol.

Home Minister Gamawan Fauzi has acknowledged that his ministry recommended the revocation of hundreds of bylaws nationwide, including nine concerning the distribution of alcoholic drinks.

However, he denied that he had repealed the bylaws as alleged by a number of Islamic groups such as the Islamic Defenders Front (FPI). "I don't have the authority to repeal bylaws. The Home Ministry is only authorized to evaluate and issue recommendations for bylaws that we find are not in line with higher regulations and laws," he said.

Home Ministry spokesman Reydonnyzar Moenek said many of the bylaws contradicted a 1997 presidential decree on the distribution of liquor, based on alcoholic content.

The decree says, drinks with less than 5 percent alcoholic content can be distributed without a license. However, he said, many bylaws also outlawed drinks with less than 5 percent alcoholic content.

On Thursday, dozens of FPI and Islamic People's Forum (FUI) members rallied in front of the Home Ministry in Jakarta and stoned the office, damaging office facilities.

Protesters met with ministry officials on Friday to apologize for the violence. The ministry had filed a police report over the vandalism, Moenek said, despite the apology.

Jakarta Police spokesman Sr. Comr. Baharudin Djafar said police detectives had begun investigating the case and had interrogated three witnesses.

Bandung defends alcohol bylaw despite government calls for revision

Jakarta Post - January 13, 2012

Yuli Tri Suwarni, Bandung, West Java – The Bandung municipal administration has said that it will stick to its alcohol bylaw and continue to carry out inspections on roadside stores and minimarkets, despite the government recently urging that bylaws on alcohol bans be revised.

The city's Industry and Trade chief, Ema Sumarna, said the administration would carry out inspections on at least 515 supermarkets, minimarkets and stores to ensure no alcoholic drinks were sold openly.

The policy, she said, was based on a 2010 bylaw and a 2011 municipal decree, both of which stipulated that alcoholic drinks could be sold only at licensed three- and four-star hotels, discothhques, karaoke halls and night clubs.

"Supermarkets, minimarkets, shops and jamu kiosks are no longer allowed to sell them [alcoholic drinks]. If we find them, they will be confiscated," she said in Bandung on Friday.

Bandung Police Public Order Unit chief Ferdi Ligaswara said his men were ready to support the administration's alcohol inspection operation, although he was aware of the Home Ministry's call for a revision on the alcohol bylaw.

"Even though the Home Minister ordered a revision, the reality is that it [the bylaw] has been ratified and it is in the interest of the public that alcoholic drinks are not sold openly," he said.

The Home Ministry recently requested that bylaws on alcoholic drinks be revised as they might contradict a presidential decree of 1997. The decree specifies the alcohol content of drinks that should be monitored, but does not order for the localization of their sales. (awd)

Tangerang police criticized for targeting women instead of perpetrators

Jakarta Globe - January 13, 2012

Keyko Ranti Ramadhani – Women's rights activists have criticized the action of police officers in Tangerang who scolded two girls for wearing shorts prior to a football match.

Tangerang Police spokesman Comr. Haru Manurun admitted on Thursday that police officers seen reprimanding two girls in a photo taken on Tuesday at a football match were telling the girls not to wear shorts to "avoid pornography."

"We asked the policewomen to suggest and encourage [the girls] not to wear shorts because we wanted to avoid unwanted things," Haru said.

He said women were strongly encouraged not to wear similar clothes to the next match.

When asked about the apparent age of the girls, Haru said it was of no consequence. "Age doesn't matter but appropriate clothes do matter," he said.

Masruchah, the deputy chairwoman of the National Commission on Violence Against Women (Komnas Perempuan), said "law enforcers should not say such words."

She added that police should focus on protecting women instead of "blaming the victim". "If they ban women from wearing shorts, soon they'll ban women from watching football and eventually from leaving the house," she said.

Indonesia police target girls for wearing shorts

Jakarta Globe - January 12, 2012

Tangerang Police are defending their actions after a photograph emerged of officers reprimanding what appear to be underaged girls for wearing shorts.

Spokesman Comr. Haru Manurun initially told the Jakarta Globe on Thursday that the picture from state news agency Antara simply showed female officers searching – and photographing – two teenage girls for weapons prior to a football match in the city on the outskirts of Jakarta.

"Basically we wanted to inspect everyone before they entered the stadium, to make sure that they didn't bring any sharp or hard objects to disturb the match," he said, "We checked everybody, including little children."

Questioned further about the photo, which Antara said show the officers "scolding" the girls for "for wearing shorts," Haru admitted Tangerang Police had told inappropriately dressed girls and women to not wear shorts to "avoid pornography."

"We asked the policewomen to suggest and encourage [the girls] not to wear shorts because we wanted to avoid unwanted things," Haru said. "When we saw women in shorts, we scolded them because, perhaps, it is unfavorable in the eyes of the public and does not conform to public [standards of decency]."

He said it was strongly suggested that the females did not wear similar clothing to the next football match.

Asked about the apparent age of the girls, Haru said it was of no consequence. "Ages doesn't matter, but appropriate clothes do matter."

Poverty & social inequity

Indonesia to face 'lost generation'

Jakarta Post - January 12, 2012

Elly Burhaini Faizal, Jakarta – Six-year-old Selvia Rahmawati appeared undaunted walking between cars and motorcycles at an intersection in Karet Bivak, Tanah Abang in Central Jakarta.

She only had one objective – to knock on doors of cars and ask for small change from the vehicles' occupants. "Just to buy snacks," said Selvia, when asked about what she would do with the money.

With the Rp 15,000 (US$1.64) she earns every day, Selvia only spends a little to buy instant noodles, as she also has to support Uyi, her 45-year-old aunt.

"I don't know whether she is malnourished. I have no money to bring her to a hospital," Uyi told The Jakarta Post, adding that most of Selvia's daily diet consists of nothing other than instant noodles.

Selvia, with her stick figure body, is probably one among millions of children in the country who lack proper nutrition, often resulting in stunting.

Data from the Basic Health Research program (Riskesdas) conducted by the Health Ministry in 2010 shows that in spite of impressive economic growth, the percentage of children in the country experiencing stunted growth reached a staggering 35.6 percent of children below the age of 5, a total of 26.7 million children.

Growth stunting is a primary manifestation of malnutrition in early childhood, including malnutrition during fetal development brought on by the mother's own malnourishment. Growth stunting could be identified by comparing measurements of children's heights to the growth reference population.

Growth stunting occurs due to a dietary deficiency of micro nutrients, and in the long run it can affect both cognitive development and productivity.

East Nusa Tenggara has the highest rate of children with stunted growth – 58.4 percent of children below age 5.

West Papua comes second with 49.2 percent, and West Nusa Tenggara is third with 48.2 percent. North Sumatra trails in fourth position with 42.3 percent, and South Sulawesi in fifth with 40.4 percent.

The number of children with stunted growth is alarmingly high, especially compared to the government claim of reduced poverty rates in recent years.

According to the National Development Planning Agency (Bappenas), Indonesia's poverty rate dropped by 5.26 percent over the 2006-2011 period. As of September 2011, the number of poor people reached 29.89 million people, or 12.36 percent of the total population. Bappenas expects that poverty rates will decline in the next five years to 10.5-11.5 percent by 2012 and between 8 and 10 percent by 2014.

Razak Thaha, a professor of nutrition from the Makassar-based University of Hasanuddin said on Wednesday that Indonesia ranked fifth in the world for the number of children with stunted growth. "Instead of malnourishment, we are now facing the problem of children with stunted growth as their main health problem," he said.

Razak said that stunted growth in children showed chronic malnourishment affected children in their development ages. The 2010 Riskesdas data, however, also showed that the country is dealing with a double-whammy of growth stunting and obesity in children.

"We are facing a double burden – stunted growth and childhood obesity. Malnourished children will suffer from stunted growth, but consuming an unhealthy diet will cause obesity in children," he said.

Despite claims of success by the Health Ministry in handling malnutrition, the problem remains high among children under 5 years old, reaching 17.9 percent as of 2010. About 14.2 percent of the country's children under 5 years old suffer from obesity.

Health Minister Endang Rahayu Sedyaningsih said in a statement that improving the nutrition of children under 5 years old would be the focus of the ministry's agenda in 2012.

"We will increase the number of Nutrition Improvement Centers [PPG] to 153 units, up from 95 units in 2011," she said, adding that the government would distribute more micronutrient sprinkles called Taburia.

In 2011, the ministry distributed 38 million sachets of Taburia, exceeding the 5.5 million sachets it distributed in 2010.

Land disputes & evictions

Indonesian land grab cases 'remain unresolved'

Antara News - January 9, 2012

The Indonesian Forum for the Environment says hundreds of conflicts over land ownership in 2011 have still not been resolved.

"We have reported instances of land grabs to the authorities, but the standard response we have received is 'we will handle it,'?" Berry Nahdian Furqon, executive director of the group known as Walhi, said on Saturday. "These are empty words."

He said Walhi was looking for two outcomes to the cases: the rightful return of the land to the people, and appropriate sanctions against the offending parties, including those who used violence against the people.

Walhi reported 103 incidents of land grabs throughout 2011, and said that the conflicts led to the deaths of 12 people and left more than 120 injured.

"We have submitted reports on all the conflicts to the Forestry Ministry, the National Land Agency [BPN] and the relevant administrations," Berry said. "There needs to be political pressure for us to see progress on these cases."

He called on the public to get engaged in large-scale peaceful demonstrations to get the government to act on the cases. "I also hope members of the press help to bring this issue to the fore," he added.

Land conflicts that have resulted in the recent killing of villagers in Mesuji and the police's heavy-handed repression of protests in Sape, West Nusa Tenggara, are only the tip of the iceberg, Berry added.

Many conflicts do not receive the appropriate response from the government, and instead civil society groups are drawn to the cause, leading to Walhi, the Agrarian Reform Consortium (KPA), the Legal Aid Institute (LBH) and academics establishing a joint secretariat to receive reports from people who have had their land unfairly expropriated by large firms such as mines and plantations.

Walhi's reports on the number of land grabs in 2011 is conservative compared to a report issued by the KPA, which identified 163 such cases last year. The KPA also claimed that 22 people were killed in the conflicts.

The KPA said East Java had the most reported cases, at 36, followed by North Sumatra (25), Southeast Sulawesi (15), Central Java (12), Jambi (11), Riau (10) and South Sumatra (nine). It also said more than 472,000 hectares of land was expropriated, affecting 69,975 households.

Iwan Nurdin from the KPA said that there was an increase in the number of incidents and in the level of violence in 2011 compared to 2010, when there were 106 cases and three deaths reported.

Tribes report rights abuse

Jakarta Post - January 9, 2012

Mataram – Two tribes in Sumbawa, West Nusa Tenggara, have lodged complaints about their rights being abused by the local administration and investors.

The two tribes – Pekasah and Bercu Cek Bocek – had complained to the President and the National Commission on Human Rights (Komnas HAM), according to Nusantara Customary Communities' Alliance (AMAN).

AMAN secretary-general Abdon Nababan told reporters on Saturday that the Pekasah tribe, which consists of 60 families, had their settlement destroyed by forest rangers assisted by police and soldiers on Dec. 21.

They were accused of illegally clearing land for settlement and illegal logging. As many as 400 families of the Bercu Cek Bocek tribe in Ropang district were reported to have been intimidated by people from other villages into leaving their area, which is part of the PT Newmont mining company exploration site.

"Assisted by the company, they have attempted to evict them from the location," Abdon said during a media conference. He made allegations about the administration's role in rights abuses committed against the two tribes.

Datu Pekasah Edimanto, 35, a Pekasah tribe representative attending the media conference, said that on Dec. 21 last year at 3 p.m., more than 34 people equipped with long-barrel guns broke into their settlement area.

"They wore forest ranger, police and soldier uniforms. They shouted at us to leave the area and began to damage our homes," he said. The "intruders" claimed that the settlement area was part of a protected forest.

General shrugs off threat of charges for Mesuji video

Jakarta Globe - January 9, 2012

Ulma Haryanto & Farouk Arnaz – Retired Army general Saurip Kadi said on Sunday that he was not concerned by reports that the police might charge him for spreading false information regarding several killings in Lampung and South Sumatra.

"Leave it be, the situation in the field is already evident," he said. "Komnas Ham [National Commission on Human Rights] has confirmed rights violations, there are testimonials."

On Saturday, a National Police source close to the investigation said a team was focused on finding violations of Articles 157 and 220 of the Criminal Code by "people who came and presented a video of alleged violent acts in Lampung and South Sumatra to the House of Representatives."

On Dec. 14, a group of farmers from the Megoupak area of Lampung's Tulang Bawang district, accompanied by Saurip Kadi, met with House of Representatives Commission III, which oversees legal affairs.

The farmers told lawmakers they were being targeted by palm oil companies trying to push them off their land, and showed what they said was video evidence of a massacre in Mesuji district.

"Our team has worked to collect additional testimony and information in preparation for the charges," the National Police source said.

"We also have received a signed report from those who knew that footage from the video was taken from separatist conflicts in Pattani, southern Thailand. Saurip Kadi is on the list."

Saurip said he had done everything he could to verify the information when the farmers approached him for help. "When they asked for my help, the people told me that they were tired and that they had lost hope," he said.

He added that he was not the first person to make the video public, saying it had been uploaded to YouTube in April last year. "I told them to get both the person who made the video and one of the victims to confirm it, which they did and told me that it was the truth," Saurip said

The only thing he regrets, Saurip said, is that the police are going after him instead of those responsible for the violence.

In April, Komnas Ham announced that security officers hired by plantation company Sumber Wangi Alam had killed residents of Sungai Sodong village in South Sumatra.

A separate preliminary report from a fact-finding team found that more possible human rights violations had occurred in November last year when two civilians were shot by Lampung Police, leaving one dead.

Budiman Sudjatmiko, a lawmaker from the opposition Indonesian Democratic Party of Struggle (PDI-P) who visited the conflict area on Sunday, called the situation "bloody corruption." "I call it 'bloody corruption' because all of the solutions offered by the government means death to the poor communities and farmers," he said.

Villagers also called for companies in the area to stop employing police- backed security forces, saying they only made the situation worse. "We feel intimidated by their weapons and uniforms," said one resident, who asked not to be identified for fear of retribution.

[Additional reporting from Antara.]

Government & regional autonomy

'SBY must change in 2012'

Jakarta Post - January 13, 2012

Jakarta – Experts have made a dire prediction that unless President Susilo Bambang Yudhoyono (SBY) gets his act together by becoming more decisive, things will only get worse as forces within society take over control from the state.

An analyst from the Centre for Strategic and International Studies (CSIS) said that Yudhoyono's slow response to every conflict in the country had contributed to the weakening of state authority in the country, a condition that gradually led people to use violence in pursuit of their demands.

"We will have a situation where the state loses its power as elements within society grow stronger. This so-called weak state... could transpire in Indonesia if President SBY maintains his indecisiveness in responding to crises in the country," Philips J. Vermonte, a researcher with the CSIS said in a press conference on Thursday.

Vermonte was quoting from the American political scientist Joel S. Migdal in his influential work Strong Societies, Weak States. Based on what happened in 2011, the situation is unlikely to improve in 2012.

"Last year was the year of living dangerously for minority groups in Indonesia as it started with an attack on the Ahmadiyah sect in Cikeusik, and ended with shootings of residents in Bima, West Nusa Tenggara. This year (2012) could remain dangerous for minorities if the government remains reluctant to punish perpetrators and bring them to justice," Vermonte said.

He attributed the intensifying social conflicts to four main reasons; discord among the political elite, local elections, the impact of the European debt crisis and the growing dominance of majority groups. He said that Yudhoyono aggravated the problems by not handling them decisively.

Vermonte therefore urged Yudhoyono to get his hands dirty by starting to deal with all conflict this year, as it would be the last year for the President to fulfill his campaign promises, which among others included protecting human rights and corruption eradication.

He said that it would have to be this year or it would be too late. "The government won't make any significant policies in the period leading up to presidential election because government officials, who are mostly members of political parties, will focus on how to win the election," he said.

Fellow CSIS analyst Harry Tjan Silalahi said that Yudhoyono should begin working on winning back the public's trust. "People are aware of many dark forces working within the government, and Yudhoyono must work really hard to win over the public," he said.

Contacted separately, chairman of the human rights watchdog Setara Institute, Hendardi, predicted that Yudhoyono would do worse in protecting human rights in the next two years as the country entered the election season.

"I don't think the government will do anything significant to resolve current conflicts or protect human rights. Things will get worse as the presidential election approaches. Minority groups better prepare themselves for the worst," he said.

Hendardi also said that attacks against minority groups would intensify as they would likely be engineered by politicians seeking votes.

Earlier, environmental groups predicted that land disputes over mining and plantation activities would intensify throughout the archipelago in the coming months. (msa)

Unproductive government spending may risk growth

Jakarta Post - January 9, 2012

Esther Samboh, Jakarta – The government again failed to meet its spending target in 2011, with expenditures for the energy subsidy beating productive capital and goods expenditures – a trend that might undermine economic growth if continued this year.

The Finance Ministry announced last week that the 2011 state budget left a lower-than-expected Rp 90.1 trillion (US$9.85 billion) deficit, or 1.27 percent of the country's gross domestic product (GDP), as the government only spent 97.6 percent of its overall spending target.

Spending for the energy subsidy surpassed the year-end intention of Rp 255.6 trillion, or 130.9 percent of the official target. That compares with spending for capital and goods of 82.2 percent and 84.7 percent, respectively, at Rp 115.9 trillion and Rp 121 trillion.

One year earlier, the energy subsidy stood at 140.0 trillion, or 97.2 percent of the target, while capital and goods expenditures reached 84.5 and 86.7 percent, at 80.3 trillion and 97.6 trillion.

"Quality spending is a priority for 2012," Finance Minister Agus Martowardojo told a press briefing at his office, adding that boosting infrastructure spending would be the government's number one agenda to spur economic growth, create new jobs and help alleviate poverty.

So that Indonesia's 6.7 percent economic growth target could be achieved, both the central bank and other economists have warned the government to accelerate spending this year, especially for prioritized initiatives, in order to offset an expected slowdown in export growth against the backdrop of an ongoing global economic crisis.

Capital spending plans have been increased by 19.3 percent this year compared to last, totaling Rp 168.1 trillion for airports, railways, roads, bridges and dams, in addition to the existing infrastructure plans to interconnect thousands of islands throughout the archipelago.

Subsidy spending was cut by almost 12 percent to Rp 208.9 trillion for 2012, compared with Rp 237.2 trillion in 2011. The government has planned to limit the fuel subsidy by restricting private cars from consuming subsidized fuel starting in Java and Bali in April, followed by other major islands through 2014.

"I am concerned about overspending in the subsidy. The 2012 state budget may likely end up the same, with the fuel subsidy predicted to reach Rp 140 trillion, or 110 percent of the state budget target," said Gadjah Mada University (UGM) Center of Economic and Public Policy Research director Tony Prasetiantono.

Tony thought the government's fuel subsidy limitation plan was counterproductive compared with the more simpler method of keeping the subsidy for those in need and raising subsidized fuel prices for private cars.

"As for the traditionally slow budget disbursement, I hope the unspent budget in 2011 could be used to boost infrastructure projects. The Finance Ministry should intensively watch the 2012 budget disbursement from early this year, especially for capital spending," he added. Deputy Finance Minister Anny Ratnawati shared the same view that "quality spending is needed, so we push for disbursement in the first quarter, which previously was the time to prepare for procurement".

Of the 10 ministries and state bodies that are the largest recipients of state budget allocations, only the National Police and Defense Ministry absorbed 100 percent of their budget.

Parliament & legislation

Lawmaker resigns in 'moral protest' over room renovation at DPR

Berita Satu - January 15, 2012

Taslim Chaniago, a member of the House of Representatives' Budget Committee, has tendered his resignation from the committee following the widely criticized renovation of a House meeting room.

"My common sense cannot accept the logic of spending Rp 20 billion ($2.2 million) for a 10-by-8-by-10 meter square meeting room," Taslim said. "I fail to understand [the cost]. It's best for me to resign from the committee," said Taslim who is also a member of Commission III, which oversees legal affairs.

Taslim, a politician from the National Mandate Party (PAN), hails from Padang, West Sumatra. "My constituents who have voted for me are still struggling to live decently everyday. To know the amount that the House spent just to renovate one room hurts me," he said.

PAN's executive Teguh Juwarno confirmed that he has received Taslim's resignation, but that he needs to report it to PAN headquarters before the request can be accepted or denied. "He resigned because he's disappointed and embarrassed. It's a moral protest," Teguh said.

The meeting room upgrade is the latest controversy to hit the House, which has been under much criticism including for unnecessary overseas trips and large housing allowances. The House also recently announced a Rp 2 billion plan to renovate its toilets, which are said to be in a poor state.

Indonesian politicians in firing line for new spending plans

Jakarta Globe - January 11, 2012

Agus Triyono – Indonesia's much criticized House of Representatives is in the firing line again for its spending habits, this time a Rp 20.4 billion ($2.2 million) bill for relocating a meeting room from one building to another.

It is also understood the figure includes an upgrade for some electronic equipment, including three LCD televisions and an electronic key lock. Journalists have been [barred] from entering the meeting room, which was previously used by the House special committee.

The room, in the Nusantara II building, is now being used by the House's controversial Budget Committee, which is relocating from the Nusantara I building.

There are ongoing accusations of systemic corruption within the House's budgeting process, with allegations of a "budget mafia."

The relocation has been criticized by the Indonesian Forum for Budget Transparency (Fitra), given the budget committee's current meeting room was still in a good condition. The nongovernmental organization called for an immediate halt to the plan or risk a further public backlash.

Marzuki Alie, speaker of the House, also known as the DPR, said he was reluctant to comment given ongoing criticisms of his previous comments in support of House spending plans.

Marzuki blames media for DPR's poor image

Berita Satu - January 10, 2012

Markus Junianto Sihaloho – Indonesia's controversial speaker of the House of Representatives, Marzuki Alie, has blamed the media for giving the House a bad name.

Marzuki, speaking during a plenary session in the House, also known as the DPR, on Monday, said the only way the politicians could ensure positive coverage was if they paid for advertisements in the form of advertorials.

"The House activity can only be seen positive if there are blocks of House advertising in the mass media," the politician from the ruling Democratic Party said.

Marzuki, who has a habit of making comments that are criticized as not being well thought out, has been at the center of a number of controversies, including his defense of a plan to build a costly new building for politicians.

Maruarar Sirait, from the opposition Indonesian Democratic Party of Struggle (PDI-P), jumped on the comments, labeling them inappropriate.

Maruarar said the media were the voice of the public. He said the concerns against the construction of the new parliamentary building were genuine and had nothing to do with "blocks of advertising," adding that Marzuki should clarify his comments and apologize.

Jakarta & urban life

The many daily dangers of Jakarta's public spaces

Jakarta Globe - January 15, 2012

Ade Mardiyati – As a Jakarta resident, I often have the feeling that our public spaces are accident scenes waiting to happen. I never know what to expect next.

Over the years, I have experienced a number of accidents that should never have occurred but in hindsight were unavoidable.

A few years back, I fell into a hole in the parking area of Cipto Mangunkusumo hospital in Central Jakarta when I went to pick up my mother from a routine check-up.

The hole was nearly a meter deep and big enough across to accommodate an adult and it was only covered by a dirty, extremely thin piece of plywood; there were no warning signs. I was busy talking to my cousin who was pushing my mother's wheelchair across the pavement and was not on the lookout for random holes lying in wait for unsuspecting pedestrians.

Ha ha ha

It all happened so fast that I can't recall all of the details. What I remember clearly is the sound of the people around me – the car park attendant and some other men – laughing at my predicament. "Why did you choose to walk on the part covered by plywood?" one of the bystanders asked.

I had apparently made his day. But why would the average person think to watch out for a woman-swallowing hole in the middle of the city?

At the time, I was not sure which was more bruised: my right leg or my pride. After I arrived home, I rang the hospital's call center and asked to speak to someone in charge of taking complaints.

As I had expected, it was a wasted effort. All the operator said was, "I am sorry that it happened to you, but I don't think we have a special division that handles such complaints." Well, it is a government hospital.

They say lightning never strikes twice in the same place; I am the exception to that rule.

Last year, a similar thing happened to me. I was crossing the street in the Sudirman area on a rainy day, trying to get to the airport. The streets were flooded with water that was nearly knee-high, Jalan Sudirman looked more like a river than a grand boulevard and only a few brave motorcycles passed by.

I was almost across the street when I stumbled into a hole and fell. I arrived at the airport in damp clothes, a first that I try not to think about. I am lucky it wasn't too deep.

And while this last story isn't about street holes, it does have safety concerns. During a particularly heavy storm last week, I was stuck in a traffic that was hardly moving. I was looking out the window of the taxi when I saw a billboard and parts of a TransJakarta bus stop's roof fly off and land just meters away.

Later I learned that the windy downpour caused a number of billboards, tree and street lamps to fall all across the city, causing one fatality and several injuries. Land mine sweeping

I may have been unlucky, twice, in my encounters with urban human traps, but I am not alone. Even on a day when there is no rain, driving a car, riding a motorcycle or even just walking down the sidewalk in Jakarta can be a tricky proposition.

Not only do you have to be aware of careless drivers and wandering pushcarts, but you better pay extra attention to the numerous hazards that can be found on Jakarta's streets, some of them put there on purpose, others arising from neglect.

Areas such as Roxy (Central Jakarta), Daan Mogot (West Jakarta) and Cilincing (North Jakarta) have long been considered hazardous because the streets are frequently littered with objects put there just to cause flat tires – mostly nails, tacks and sharpened metal umbrella spokes.

Fortunately, Saber, a community volunteer group has taken it upon itself to help Jakarta's drivers with this problem. Saber was recently awarded a certificate of appreciation for its hard work ridding city streets of these "land mines."

The name Saber is short for sapu bersih, or clean it up in Indonesian.

According to the head of Saber, Siswanto, the group has scooped up hundreds of kilograms of sharp objects from the streets since it was formed in August of last year.

"We estimated that these people spread approximately 2 kilograms of either nails, tacks or umbrella spokes every time they take action in one location," he said. "And they do it several times a day." Siswanto added that there have been a number of people arrested for making the roads dangerous.

"[One of the people arrested] repaired flat tires in the area where a lot of the sharp objects are found," he said. "The motive is simple: get as many motorcyclists as possible to fix their flat tires. We have found 25 [tire repair] workshops within a three-kilometer stretch of road. Imagine that. In a normal situation, there wouldn't be nearly as many such shops in such a small area."

Another motive is robbery, Siswanto said, which although rare is still a serious concern. "Drivers are forced to stop and then some people will immediately come up and pretend to help. That's when the robbery occurs," he said.

Who is responsible?

"Technically, problems that involve infrastructure, road signs or billboards are the responsibility of departments such as Public Works, Transportation or the Park and Cemetery office," said Aca Sugandhy, an urban planning expert at the University of Indonesia. "Everything that is in a public space should meet safety standards."

One of the main problems, Aca said, is maintenance and monitoring. "While [maintenance] should be the responsibility of a city office, they are often just turned into projects. Those who win the tender will get the project," he said.

The results of shoddy oversight, as we know, are holes in the road, fallen billboards or teetering street lights. And unfortunately, Jakarta residents can't do much about the situation, Aca said.

"All they could do is write a letter to a newspaper to let the public and the offices responsible know about it. This is the public's right, but what will the offices do?" he said.

To make things right, Aca said, the government should repair structures in public areas, look after road hazards and make sure public construction meets safety standards.

"This also includes parking areas and advertisement displays in public, such as large TV screens," he said. As for Siswanto, he said he and the other members of Saber are just trying to make Jakarta a little safer by doing it themselves. He said, however, that he is skeptical about the city tackling various urban hazards.

"Until now we have no idea who is actually responsible for taking care of these things," he said. "Whether it is the Jakarta administration, Satpol PP [public order officers], or the Jakarta police, I don't know."

For the foreseeable future, you can do what I learned to do the hard way. Keep your eyes on the pavement ahead of you and try to avoid becoming a victim. And don't bother calling the city to complain.

300 kg of nails collected on Central Jakarta's streets in 4 months

Jakarta Post - January 9, 2012

Jakarta – A total of 300 kilograms of nails spread intentionally on the roads in Central Jakarta was collected by the Sapu Bersih Ranjau (Saber) community from August to November last year.

The community voluntarily patrols regularly to remove nails from the streets.

"We have collected 300 kilograms of nails in Central Jakarta only, such as from Jl. Hasyim Ashari, Sawah Besar and around Pasar Senen," Saber coordinator Siswanto said during a patrol on Sunday.

"Thirty percent of the collected nails were found in front of the presidential palace," he said. Most of the nails collected are 3 to 5 centimeters long, he added.

"Every day, during the morning patrol, we collect at least 1 kilogram of nails, but on our night shift, we collect more than that," Siswanto said. Equipped with magnets on a long stick and flashlights, Saber volunteers patrol Central and West Jakarta from 5:30 a.m. to 10 a.m. and from 5:30 p.m. to 10 p.m.

"West Jakarta has started to see fewer areas prone to nail traps, unlike in Central Jakarta," he said.

Another Saber volunteer, Rohim, said the members also sometimes patrolled around Pulogadung in East Jakarta.

The type of nail trap in East Jakarta is often made from pieces of umbrella spokes, Rohim said. Saber believed that the perpetrators were roadside tire-repair men who regularly put nails on roads to stimulate their business.

Saber community currently has 11 members of various backgrounds, such as ojek (motorcycle taxi) drivers, private employees and street sweepers.

The head of security and safety at the Jakarta Traffic Police, Adj. Comr. Yakub Dedy Karyawan, said traffic police officers across the city also conducted similar operations to clean the streets of nails every day.

He said the Jakarta Police also had one car designed specifically to remove nails from streets.

Yakub said there were two motives behind nail traps, as the perpetrators usually targeted motorcycle drivers and car owners during peak hours.

"The nails are usually placed by the perpetrators on the street at dawn around 3 a.m. and 4:30 a.m. and before dusk," he told The Jakarta Post.

"When motorcyclists are in a rush for work or home, this ploy is usually used by tire-repair men to sell tires at a high price. While for cars the motive is purely criminal in that when victims pull over due to a flat tire, the perpetrators take the chance to steal valuables from the cars," he said.

Yakub advised road users to be cautious when passing areas prone to nail traps, including Jl. Raya Bekasi, Daan Mogot in West Jakarta, Jl. Majapahit in Central Jakarta, Jl. Prof. Dr. Satrio in South Jakarta and Jl. Cakung- Cilincing Raya in North Jakarta.

Criminal justice & prison system

Indonesia prison boss gets 13 years in drug case

Antara News - January 14, 2012

Cilacap, Central Java – Judges at the Cilacap District Court sentenced a former warden of Nusakambangan penitentiary on Thursday to 13 years in prison.

Marwan Adli, who was also fined Rp 10 billion ($1.1 million) for money laundering and drug dealing, said he would appeal.

"The panel of judges did not take into consideration several key documents, which is what I will base the appeal on," Marwan said on Thursday night after the sentencing.

A panel of judges found Marwan guilty of facilitating the drug dealing of a Nusakambangan inmate, Hartoni, in exchange for a cut of the profits. The sentence handed down was lighter than the 20 years sought by prosecutors, but the fine was much larger than the Rp 1 billion sought.

The case has resulted in the downfall of other officials, including Nusakambangan security chief Iwan Syaefuddin and education chief Fob Budhiyono.

Members of Marwan's family – son Andhika Permana Dirgantara and grandchildren Dhiko Aldila and Rinal Kornial – were also found guilty of involvement in the illegal operation. Marwan's sisters Rita Junita and May Wulandari were implicated in the case as well.

Budhiyono was sentenced to seven years in prison and fined Rp 1 billion. His colleague, Iwan, has not yet been sentenced

Rinal was sentenced to one year in prison and fined Rp 250 million, while Rita and May were both sentenced to two years and six months in prison and fined Rp 250 million.

Andhika was sentenced to two years in prison and fined Rp 50 million, while Dhiko was sentenced to 18 months in prison and fined Rp 100 million.

Hartoni, who is being tried in a separate trial, faces a possible death sentence for masterminding the drug ring.

Known as "the Alcatraz of Indonesia," Nusakambangan Island hosts a maximum security prison that holds convicted murderers, terrorists, drug dealers and those found guilty in high-profile corruption cases. Infamous inmates include the three men behind the 2002 Bali bombings.

NTT activists hold solidarity rally for Voni

Jakarta Post - January 10, 2012

Kupang – Hundreds of human rights activists in So'e, South Central Timor regency, East Nusa Tenggara, poured into the streets and distributed flowers to law enforcers.

Their action was a form of protest against law enforcers who criminalized Voni Nubatonis, 16, an eighth grader at the So'e Christian vocational school, who was accused of stealing flowers from Sonya Ully Tabun, her foster mother.

The activists deemed the 2.5-year sentence demand against Voni excessive as it ignored Law No. 23/2002 on child protection and Law No. 3/1997 on child prosecution.

"We have gathered 1,000 flowers and are giving them to members of the public. We have presented the flowers to the South Central Timor Police, So'e Prosecutor's Office and the South Central Timor regent," said rally coordinator Eliaser Neonufa on Monday.

Voni has been charged under Article 362 of the Criminal Code on theft for stealing adeniums from her foster mother and employer. The article carries a maximum five-year prison sentence.

Voni comes from a deprived family in remote Timor. She was orphaned at a young age and was taken into foster care by Sonya and helps with household chores. As she wished to study, she was enrolled in a local senior high school. Voni acknowledged that she took the flowers because she seldom received transportation money to go to school.

Bali teen guilty of purse theft, but free to go

Jakarta Globe - January 10, 2012

Made Arya Kencana – A 15-year-old on trial for stealing a purse that contained Rp 1,000 (11 cents) was found guilty by a Denpasar court on Tuesday, but was released into the custody of his parents, contrary to earlier demands by prosecutors that he be sentenced to seven months in prison.

"The defendant is returned to his parents as it is in line with the juvenile tribunal and restorative justice principles that stress guidance, teaching and rehabilitation to resolve cases involving children who are victims, perpetrators or witnesses," presiding judge Puji Harian said in court on Tuesday.

The verdict was similar to the one imposed on a 17-year-old boy in South Sulawesi last week. That teen, identified as A.A.L., was found guilty of stealing a pair of used sandals from a police officer.

Public outcry – in the form of thousands of pairs of donated slippers – over the perceived heavy-handedness of police in pursuing the crime is believed to have pressured the judges to release the boy.

In Tuesday's trial, Judge Puji said that the teen, identified as D.W., had been acting out of a misguided attempt to help his poor family and garner attention for himself. Prosecutor Ni Wayan Erawati Susina had previously demanded that D.W. serve seven months in prison for the crime.

After the trial, D.W.'s parents said they were happy with the judge's decision and pledged to educate their son and make him attend classes again. "I will quit working to take care of him," said D.W.'s mother, Anita. "Just let his father work alone."

Bali's Child Protection Agency head Ni Nyoman Masni said that the ruling should serve as a precedent for other judges. "We have to differentiate between crime and and a child's naughtiness caused by poverty," Masni said.

D.W. conducted the theft with his friend Anong in Denpasar in March of last year. Riding a motorcycle, the two pulled up alongside a woman, also riding a motorbike. D.W. snatched the woman's purse and the pair tried to speed off but crashed. Anong managed to escape, but D.W. was caught by residents and handed over to police.

Because of his age, D.W. was released but told to regularly report to police. He failed to do so, and was arrested again on Nov. 5 during a police raid on a motorcycle gang. Prosecutors said they were considering whether to appeal the sentence.

Police & law enforcement

Man allegedly beaten by cops named a suspect

Jakarta Globe - January 13, 2012

A Malang man allegedly bashed by two officers in military and police uniforms near a hotel where President Susilo Bambang Yudhoyono was staying on Wednesday night has been arrested.

The injured man, Sulung Hadi Sukmawan, 25, was reportedly traveling with his friend Slamet by motorcycle on Wednesday night when they were intercepted by two officers. According to his lawyer, Sulung was struck with an iron bar.

"After being beaten, the victim fell unconscious and was taken to the nearest hospital," lawyer Rony Dwi Sulistiawan said on Thursday. "The victim is suffering serious injuries in the mouth and one arm."

A spokesman for Yudhoyono, Julian Aldrin Pasha, denied any involvement by presidential security officers. However, Julian said that police would investigate and take action if necessary.

"The police will look into it," he said. "If any officers took action outside procedures or abused anyone, there will be sanctions. Clearly they are not members of the presidential guard."

Detik.com reported on Friday that Sulung – who has lost six teeth and broke his left hand – had been named a suspect for trespassing and causing a traffic accident. The charges carry a maximum sentence of four years in jail. (Antara & JG)

Human rights group's findings contradict Indonesia police in boys' deaths

Jakarta Globe - January 12, 2012

Ulma Haryanto – The West Sumatra Commission on Human Rights has found irregularities in the police's account of the deaths of two young brothers who died while in custody in the province last month.

"We went to the Sijunjung Police precinct to inspect the place. At first they were reluctant, but I insisted so they let us inside," Mahdianur, from the commission known as Komda HAM, said on Wednesday.

Earlier this week, the West Sumatra Police announced that an autopsy commissioned by the police indicated that 14-year-old Faisal and 17-year- old Busri had died after hanging themselves in the bathroom.

"We checked the bathroom, which was very small and narrow. I don't think it's possible for two boys to hang themselves in there," Mahdianur said.

Faisal was arrested on Dec. 21 for stealing from a charity box at a mosque. Busri was arrested five days later for stealing a motorcycle. Neither had been proven guilty.

The team from Komda HAM also questioned the villagers who reported Faisal to the village head before he was being taken by Sijunjung Police.

"Villagers suspected Faisal of theft for some time, but when they caught him they couldn't find proof," Mahdianur said. The police have claimed that Faisal was beaten by a mob.

On the night of Dec. 28, Faisal and Busri's parents were notified by village authorities that their sons had died in police custody.

The Padang Legal Aid Institute (LBH), which is representing the family, said a doctor who performed the autopsy on the brothers told them that the M. Djamil Hospital did not confirm the boys died of suicide.

"They only confirmed that the boys died of asphyxia and also that their bruises were only a few days old," said Ronny Saputra from LBH Padang.

LBH Padang and Komda HAM said they were not allowed to see the full autopsy report from the police. Vino Oktavia Mancun, an LBH Padang lawyer, said the family was seeking a full investigation into the deaths.

"We have asked the National Police to take over the case and we have asked favors from the House of Representatives Commission III [overseeing legal affairs] to go into the field," Vino said. "We will also report the case to Komnas HAM [National Commission on Human Rights] because, to tell you the truth, we no longer trust the Sijunjung Police or the West Sumatra police."

LBH Padang is also asking the Indonesian Legal Aid Foundation (YLBHI) to assist its efforts in the case.

"Even though we do not trust the police, we are still going to follow the procedures, including the political ones. The National Police chief has to take the responsibility," said Alvon Kurnia Parma, the YLBHI chairman.

"This is not the only case. There are several others [where police have resorted to violence], and the House has to warn and admonish [National Police chief Gen.] Timur Pradopo."

Alvon said the family was also seeking help from the National Commission for Child Protection (KPAI) Didi Firdaus, the victims' brother, said that shortly before Faisal died, he had met him at the police station on Dec. 22 and talked to him.

He said Faisal was too scared to tell him what had happened or explain why he was limping. Didi said Faisal's feet were covered in plastic bags and there were bruises all over his body.

Faisal begged his brother not to tell their mother of his condition, Didi said, saying he did not want his her to worry. Faisal and Budri died a week later on Dec. 28.

"I was not allowed to see their bodies. They said that their bodies had to go through all sorts of processes first," Didi said.

[Additional reporting by Dessy Sagita.]

Security law gives police 'a blank check' for violence

Jakarta Globe - January 11, 2012

Ronna Nirmala – The regulation used by the police to justify violence against protesters, which has led to a string of deaths and other abuses of power in the past few weeks, was designed for presidential security, activists said on Tuesday.

The so-called Standard Procedures to Deal With Anarchism provided the pretext for police to use violent measures, including firing live rounds at unarmed protesters, said Poengky Indarti, director of nongovernmental human rights group Imparsial.

"The standard procedures are highly vulnerable to the use of violent measures and abuse of power," she said, adding that the law provides police "a blank check" to use armed violence under the pretext of restoring order.

Police said earlier that the procedures were issued in 2010 based on UN Basic Principles on the Use of Force and Firearms but the first practical test was to counter protests during a mass rally the same year on the first anniversary of President Susilo Bambang Yudhoyono's second term.

"We believe the procedures were adopted only to protect Indonesia-1 [the president] from any potential danger," Poengky said. The use of firearms should become the last option as police can still use tear gas, water cannon and rubber bullets to disperse crowds, she said.

"Firearms are allowed only when the situation is out of control, for self- defense, or against dangerous criminals who attempt to flee justice," Poengky said.

However, during the recent clashes in Mesuji, Lampung, and Bima, West Nusa Tenggara, there is no evidence indicating public resistance against police, but a number of civilians were killed. The procedures were issued by then national police chief Bambang Hendarso Danuri.

Poengky said the existing procedures should be abolished or at least amended. "Some specific issues must be clarified, including when officers can carry firearms and what kind of firearms and ammunition. They must be restricted to authorized officers only," she said.

The standard procedures do not limit the officers who can carry firearms when riots occur.

The Bima and Mesuji clashes occurred because of land disputes between local residents and visiting companies and the root of this problem was the government's land regulation that favors the private sector, said Idham Khalid, from nongovernmental group Land Reform Consortium.

In land regulation that Idham described as "capitalistic," the government explicitly favors businesses and offers bigger authority to corporate entities to exploit the land. "That makes it 'reasonable' for many companies to pay police to protect their businesses," Idham said.

Bambang Widodo Umar, an analyst who studies the police, said police should immediately return to law enforcement that serves and protects the people, not the ruling elite.

"In Indonesia, the law belongs to those who hold power, and in practice the law is the ruler itself. It's very unclear here," Bambang said. "And the pattern of development refers to growth that favors investors. That's the understanding among law enforcement officers, so it's not surprising that police tend to side with investors."

Unless this worrying trend is properly addressed, it's very likely the government will face large-scale social resistance triggered by public disappointment in the police, he said.

Mother 'powerless' to save her children from alleged police torture

Jakarta Globe - January 9, 2012

Ulma Haryanto – The mother of the two young brothers who died inside a police prison last month saw her youngest son alive but badly injured a day after he was taken into the custody of Sijunjung Police in West Sumatra.

"The morning after Faisal was brought to the police, his mother visited him. She saw that Faisal was already unable to walk," Yusbar, the uncle of Faisal, told the Jakarta Globe on Monday. "His mother saw that his leg was wrapped with a black plastic sheet and that some of the toes were already broken," Yusbar said.

Two Children Who Died in Police Custody Returned to Parents 'Bearing Signs of Torture'

News of the deaths of Faisal and his 17-year old brother Busri. who lost their father 11 years ago, comes at a time when police in Indonesia, from Papua to Aceh, are facing scrutiny for the mistreatment of juvenile offenders.

Faisal was arrested on Dec. 21 for stealing from a charity box at a mosque, while Busri was arrested five days later for stealing a motorcycle. On the night of Dec. 28, Faisal and Busri's parents were notified by the village administration that their sons had died in police custody.

Yusbar said villagers saw that Faisal was in good physical condition before he was arrested.

When his mother asked what had happened to him, Faisal replied that he was being beaten with a wooden stick by the officers, Yusbar said. "He told his mother to go home because he did not want her to see him beaten up," he said, choking back tears.

Yusbar said that at the time, the mother was confused and did not know where to seek help. "She's illiterate and only works as a field hand. She thought she couldn't go to the police because it was the police who did that to her son," Yusbar said.

Panties scandal latest case to hit Indonesia police

Jakarta Globe - January 9, 2012

Carla Isati Octama – In the latest allegations of police in Indonesia abusing their authority, Jakarta Police have charged a man with stealing his girlfriend's panties. The same woman has reportedly been having an affair with a police officer.

Detik.com reported that Samsu Alam, 39, a sailor, had been detained in Cipinang Prison in East Jakarta since Oct. 17 after he was charged with theft for allegedly stealing Dede Juwitawati's underwear.

Samsu's lawyer, Jefri Moses Kam, on Monday, however, alleged that his client was the victim of a love triangle involving the woman and another man, a police officer.

The case had been fabricated and since Samsu's arrest the officer had regularly visited the woman, Jefri said. He said the case would further tarnish the image of Indonesia's National Police in light of the recent scandals involving the police force.

Samsu is due to appear in court on Tuesday.

Intelligence & state security

House to revisit controversial security bill

Jakarta Post - January 13, 2012

Bagus BT Saragih, Jakarta – The House of Representatives (DPR) will begin deliberations over a draft of the national security law despite strong objections from civil society activists who claim the bill could lead to human rights abuses.

Debate will start this month as the House Commission I overseeing defense, foreign affairs and information has finalized the schedule for hearings, commission chairman Mahfudz Siddiq said on Wednesday.

The first meeting would feature an explanation from Defense Minister Purnomo Yusgiantoro, he added. "Should the explanation [from the minister] fail to satisfy commission members, the bill might be sent back to the government for revision. The deliberation can be postponed again," Mahfudz of the Prosperous Justice Party (PKS) said.

The House had actually accepted the controversial bill for deliberation in June 2011, but bowing to protests from civil society, it returned the bill to the government. Early this month, however, the government resubmitted the bill to the House without revising the articles deemed controversial.

Al Araf, an activist with the human rights watchdog Imparsial, said the bill could foster intelligence operations. Such operations, he feared, could lead to human rights abuses.

He cited Article 54 in the bill which stipulates that the Indonesian Military (TNI), the National Police, the National Counterterrorism Agency (BNPT) and the State Intelligence Agency (BIN) have special authority to intercept communications, arrest and interrogate suspects, as well as "other necessary measures".

"Granting TNI and BIN the authority to arrest and to interrogate would disconcert our criminal justice system because the military and intelligence personnel are not law enforcers," Al Araf said. "Under those two institutions, such authority could be misused as a legal umbrella to kidnap civil activists like in the past."

He also feared the term "other necessary measures" was loosely defined and open to interpretation, which could lead to measures that violate human rights. The recently passed 2011 National Intelligence Law granted BIN the authority to wiretap communications under court consent.

Al Araf also criticized the absence of accountability mechanisms in the draft bill.

"Without accountability mechanisms, any law on security opens the possibility to abuse of power, such as kidnapping or intimidating people deemed a threat to national security," he said, adding that the bill could allow for the return of a repressive political regime to Indonesia.

"The bill gives a blank check to security actors, allowing them to carry out security measures without concerning why they should take such measures and for what purposes," Al Araf said.

Jaleswari Pramodhawardani, a security expert from the Indonesian Institute of Sciences (LIPI), said without a clear definition of what a threat is, the bill might cause conflicts of authority between existing institutions. This, she argued, would not only render the bill useless when enacted, but it would also hamper democracy.

Earlier, TNI Commander Adm. Agus Suhartono dismissed the suggestion that the bill could disrupt the nation's justice system. "In fact, this bill will provide a better security and justice mechanism. The bill, for instance, contains articles that synchronize the role of the TNI and the police in addressing security issues," he said.

Agus was referring to articles that mandate the establishment of the National Security Council, which would improve coordination among various state institutions in facing various national security threats.

Al Araf welcomed the establishment of the council but said the power of such a council should be limited to coordination measures. "The bill, for example, grants the council the authority to determine when the government should impose martial law. Such an authority must be in the hands of the president," he said.

National Police spokesman Insp. Gen. Saud Usman Nasution said his force was still studying the role of the police as stipulated in the bill.

Activists challenge intelligence law

Jakarta Post - January 9, 2012

Ina Parlina, Jakarta – Victims and families of human rights violations have joined forces to urge the Constitutional Court (MK) to review the Intelligence Law, arguing that some articles could be prone to abuse.

"We don't want to see this nation suffer a setback such as during Soeharto's authoritarian regime," said Al Araf from human rights watchdog Imparsial.

Other activists joining forces for the legal review are Suciwati, the widow of murdered human rights activist Munir Said Thalib, and Bedjo Untung, a man whose family members fell victim to the 1965 tragedy.

The human rights activists joined forces with advocates of press freedom to seek a judicial review at the Constitutional Court, only three months after the controversial Intelligence Law was enacted.

They feared that the law, enacted in October last year, would provide room for another human rights violation as some of the provisions had spawned a number of threats to civil liberties, human rights and freedom of the press.

As many as 18 plaintiffs, including the coalition, filed a motion at the court last Thursday. The coalition said that at least 16 provisions in the law could potentially harm the constitutional rights of citizens, because they were not in line with human rights or the Constitution.

"The law is filled with articles open to multiple interpretations, including loose definitions of national security threats and opponents," he told The Jakarta Post on Sunday. "This could be abused by a regime to arrest government critics and protesters; they may be only farmers or labors demanding their rights."

He added that the law also failed to clearly categorize the stated term "intelligence secret", citing that the relevant article defined it only as information that could "jeopardize national security".

"I'd say it is a subject of a misuse and will not provide legal certainty," he said. "And it overrides the existing Public Freedom of Information Law."

He added that the law also threatened journalists as it could be used to criminalise the spread of public information deemed as intelligence secrets.

"It is the same as with civilians; it may be used to put them in jail due to leakage of intelligence information," he said. "It is not fair as the ones who use such information are the intelligence officers. So they are the ones who must be held responsible for the leakage, not the people."

The coalition also said that they opposed the idea of giving state institutions the authority to conduct "intelligence extracting information" activities as this could be prone to abuse.

The law gives the state the authority to extract information from a person but not the power to arrest him or her. Yet, it stipulates that intelligence officers can work with related law enforcements in this effort.

Despite some flaws, Al Araf said, the coalition did not reject the law in its entirety, only the provisions threatening the constitutional rights of the public.

The same coalition once demanded that the lawmakers include human rights issues in the law during the deliberation of the bill by the members of the House of Representatives Commission I overseeing defense and security affairs.

Economy & investment

Time running out for Indonesia to implement policies: CSIS

Jakarta Post - January 13, 2012

Rangga D. Fadillah, Jakarta – The Centre for Strategic and International Studies (CSIS) is warning the government that it has a fast-closing window of opportunity to implement policies to avoid the global economic crisis.

Two realities were shaping the terrain for policy makers, according to the CSIS: growing uncertainty on economic recovery in the US and Europe and domestic politics in the run up to the 2014 elections.

"This year is the last year for us to maximally execute development policies. In 2013, the concentration of the nation will be on how to face the elections," CSIS researcher Yose Rizal Damuri said on Thursday.

Yose said Indonesia was not fully immune from the global economic crisis, despite the strong GDP growth in 2011, and that the government needed to be more decisive in implementing policies.

The impact of global economic uncertainty has been felt in Indonesia since the third quarter of 2011, as shown by the weakening rupiah and a drop in stock prices.

After reaching its highest level of Rp 8,460 per US dollar, the rupiah dropped to Rp 9,068 in 2011. The Jakarta Composite Index, which almost topped 4,200 in August, opened at 3,820 in the beginning of 2012.

"The slowdown in global economic growth has also affected the demand for Indonesian commodities, which reduces the pace of our export growth," Yose said. Export growth started slowing in September, growing 3 percent a month after touching an all-time high of US$18.6 billion in August.

The CSIS offered three scenarios for Indonesian export growth, based on three possible developments in the global economy.

The first scenario assumes that the global economy will recover, commodity prices will remain high and China and India can maintain their current growth rates. Under those circumstances, Indonesia's exports might grow 21.73 percent to $230.03 billion, according to the CSIS.

In its second scenario, global economy would recover at a slow pace, commodity prices would weaken and China and India's growth rates would be less than 6 percent, leading the CSIS to estimate that local exports would grow only 4.21 percent to $196.92 billion.

The think tank's last scenario assumes that the global crisis worsens and that China's and India's growth slumps to very low rates, leading to a sharp drop in demand for Indonesian commodities. Under that scenario, exports would drop 5.79 percent to $178.02 billion.

Another CSIS researcher, Deni Friawan, advised the government to speed up implementation of existing plans, particularly for a financial safety-net system to protect the poor and the economy as a whole from the fallout from a worsening global crisis.

"We recommend that the government prepare better financial crisis protocols by passing the financial safety-net system [JPSK] bill, accelerating bureaucratic reform and improving infrastructure," Deni said.

Finance Minister warns of foreign fund outflows

Jakarta Post - January 12, 2012

Rendi A. Witular, Jakarta – Finance Minister Agus Martowardojo said on Thursday that the potential outflow of foreign assets was among the fiscal and monetary concerns authorities needed to anticipate this year.

Agus said that a massive outflow of foreign funds in September had cost Indonesia dearly as investors jumped on the bandwagon of dumping government bonds.

"The incident caused our balance of payments to turn negative in the third quarter of last year," said Agus. "Such incidents need to be carefully monitored this year in order to avoid the country falling into financial crisis," he said.

According to Agus, the September incident was a consequence of the financial mayhem plaguing Europe. Due to the incident, he said, Indonesia's foreign exchange reserves plunged by more than 10 percent to Rp 124 trillion (US$12.7 billion) from Rp 110 trillion during the third quarter of last year.

Investors flock to Indonesia's 30-year bonds

Jakarta Globe - January 10, 2012

Indonesia sold dollar-denominated 30-year bonds for the first time in four years on Monday, after receiving more than double the amount offered, reflecting growing confidence in the country's portfolio assets as its credit rating was restored to investment grade last month.

The $1.75 billion sale is part of a bigger plan to issue a total of $15 billion in global medium-term notes in the coming years, which is higher than the $9 billion that was planned earlier.

The 30-year bonds offered 5.25 percent coupon to yield 5.375 percent, the finance ministry said in a statement on Tuesday. It last issued a 30-year bond in 2008.

The yield was more than 200 basis points higher than that for the US 30- year bond, which yielded 3.09 percent as of Monday. HSBC Holdings, JP Morgan Chase and Standard Chartered arranged the bond sale.

The offering was the archipelago's first since Fitch Ratings on Dec. 15 raised Indonesia's ranking by one level to BBB-, the lowest investment grade, as it lowered France's rating outlook and put Spain and Italy on review for a downgrade.

"Those emerging-countries' fiscal conditions are quite good, making it easier for them to issue and attract investors," said Kenichiro Ikezawa, a Tokyo-based fund manager at Daiwa SB Investments, which oversees about $60 billion. "Indonesia just got upgraded by Fitch and of course, [the] speculation is for others to follow suit eventually."

Proceeds from the bond sale will be used to help plug the 2012 state budget deficit. The government has forecast the state budget shortfall this year to hit Rp 124 trillion ($13.5 billion), or 1.5 percent of gross domestic product.

Indonesia last year posted a budget deficit-to-GDP ratio of 1.27 percent, which amounted to Rp 90.1 trillion, Finance Minister Agus Martowardojo said last week.

The Finance Ministry said it had received $3.6 billion in orders, of which 51 percent of investors came from the United States, 12 percent from Europe and 37 percent from Asia, including Indonesia.

Split by type of investor, 73 percent of the buyers were asset managers and 20 percent were banks, four percent were insurance companies and pension funds and three percent were private banks.

Indonesia's GDP will increase 6.2 percent in 2012, according to the median forecast in a Bloomberg survey of economists. Bank Indonesia estimates growth rose 6.5 percent last year, up from 6.1 percent in 2010.

Consumer prices rose 3.79 percent in December from a year earlier, the lowest since March 2010.

Legislators last month approved a land-acquisition bill that will allow the government to accelerate construction projects in a move to boost the nation's economic growth over the next decade. The law may reinvigorate President Susilo Bambang Yudhoyono's push to double spending on roads, ports and airports to $140 billion in his second term.

Southeast Asia will have relatively strong economic growth in 2012, International Monetary Fund deputy managing director Zhu Min said in Singapore last week.

Recent developments "are potential rating triggers, including the passage of the land-acquisition bill" last month, Christian de Guzman, a Singapore-based assistant vice president at Moody's Investors Service, said last week.

Agost Benard, Standard & Poor's Singapore-based associate director, reiterated the company's stance that it may follow Fitch should the government continue to improve fiscal administrative and structural reforms, in an interview last week.

The Philippines sold $1.5 billion of 25-year, sub-investment grade notes at a yield of 5 percent last week.

"You are better compensated for risk on Indonesia's bonds than on the Philippine dollar bonds," said Endre Pedersen, the Hong Kong-based managing director for fixed-income investments at Manulife Asset Management, which has an Asian bond portfolio valued at $29 billion. "Not only are you getting better yield but also a better sovereign credit."

Brazil on Jan. 3 sold $750 million of notes due in 2021 to yield 3.45 percent, while Mexico issued $2 billion of 10-year bonds the same day to yield 3.71 percent, according to data compiled by Bloomberg. The Philippines sold its global notes a day later. (Bloomberg, JG)

Analysis & opinion

Jakarta Journo: Justice, irony and the sandal scandal

Jakarta Globe - January 15, 2012

Armando Siahaan – If law enforcers would go after high-level corruption the same way they handled the kid who stole a pair of sandals from a police officer, just imagine how clean this country would be.

The case referred to is the now-notorious arrest of a 15-year-old kid identified as A.A.L., who was taken to court for stealing a pair of sandals from a policeman. He was found guilty by the court, but following mounting public criticism, was not sentenced to any jail time.

This controversial case revealed layers of things that are wrong with this country.

The first is how public officials, such as the police, have this "I am someone important therefore I do as I may" mentality.

The best example was First Brigadier Ahmad Rusdi, the policeman who not only took A.A.L. to court, but also illegally assaulted the kid following the petty theft. Just because Rusdi is a member of the men-in-brown, it doesn't mean that he has the right to break the law and beat the kid.

In fact, by doing so Rusdi actually revealed himself to be more criminally wrong because he has officially taken an oath to uphold the law and as well as to serve and protect the citizens. What he did was the opposite.

The case is so wrong, especially considering that A.A.L. is still a minor, because it highlights how draconian Indonesia can be when it comes to petty crimes involving youths.

A boy in Bali was recently convicted of stealing a purse containing Rp 1,000 (11 cents). A few years ago, a group of several shoeshine boys were arrested at Jakarta's Soekarno-Hatta airport for playing a coin toss game, which was considered a form of gambling by the police.

The same goes for Deli Suhandi, a 14-year-old boy who was put on trial for allegedly stealing a Rp 10,000 phone card that he found lying in the street. He faced a possible seven-year prison term, about the same amount of time that ex-taxman and mega-corruptor Gayus Tambunan received for his sins.

In every case, these children were found guilty, but, like A.A.L., at least they were not given prison sentences.

Of course, narrowly argued from a legal perspective, what these kids did may have been wrong and thus punishable.

But surely there is a remedy short of taking them to court. Being found guilty could result in these youngsters being stigmatized as criminals and face possible psychological damage that could harm their future. Sadly, the sandal scandal is just another example of the pervasive irony in our legal system. It's easy to nab young wrongdoers, but mission impossible to catch the really big fish.

Remember Minah, the 55-year-old grandmother who was found guilty in 2009 of stealing three cacao pods?

Compare that to the Bank Indonesia deputy governor bribery scandal. Dozens of lawmakers have been convicted for receiving bribes during the 2004 selection process of Miranda Goeltom as central bank deputy governor.

But they just got the money, what about the giver? Until now, law enforcement has been unable to name who gave the money and for what purpose. Why? Is it because they are afraid of touching the untouchables?

The Muhammad Nazaruddin saga is another example. The embattled Democratic Party politician has repeatedly mentioned other big-name politicians involved in his ultra-expensive corruption case, including Democratic Party Chairman Anas Urbaningrum. Yet, law enforcers are downplaying his allegations.

Or recall that tax embezzler Gayus revealed that he helped three companies affiliated with the powerful Bakrie interests evade taxes,

Whatever happened to those cases? Perhaps they ran away in a pair of stolen sandals.

[Armando Siahaan is a reporter at the Jakarta Globe.]

The week in review: Land of disputes

Jakarta Post - January 15, 2012

Dwi Atmanta – Thousands of protesters, reportedly from various regions across the archipelago, rallied outside the State Palace on Thursday in another push for long-awaited agrarian reform in the country.

But their cries looked to fall on deaf ears as President Susilo Bambang Yudhoyono, the target of the rally, was not in the palace at the time. The President was opening the congress of a little known Muslim organization in the East Java town of Malang when the protesters were demanding the government's protection for indigenous peoples, farmers, fishermen and the weak and poor from eviction and marginalization resulting from land acquisitions by capital owners.

The huge demonstration came against the backdrop of land disputes that turned violent and claimed lives in Mesuji, which abuts Lampung and South Sumatra, and in the West Nusa Tenggara regency of Bima.

There were no reports of fatalities in the rally on Thursday, but angry masses tore down a section of the iron fence that encircles the House of Representatives' complex in Senayan, about five kilometers south of the palace. Both the palace and the House are in fact traditional places for people to assemble to articulate their grievances, but the executive and legislative powers hardly heeded the demands.

Land disputes, many times pitting local communities against corporations or the government, have been rampant and have often triggered clashes between civilians and security troops whose job is actually to protect the civilians.

Conflicts over land occur partly because of the legal confusion relating to land resources management. While the 52-year-old Land Law recognizes the right of traditional communities over lands they inherited from ancestors, the laws enacted decades later to accommodate investments fail to make reference to the agrarian law.

Data by the Indonesian Farmers' Union found that many of the conflicts, which involved farmers, private companies, mining and farming companies, drinking water companies and state-owned enterprises, have become protracted without settlement.

In most cases, the conflicts were triggered by diminishing land areas and a lack of land reform.

In fact, the National Land Agency recorded 2,791 land disputes last year. With the House endorsing the long-delayed law on land acquisition for infrastructure projects last month, it is feared the number of agrarian conflicts will increase this year. Thursday's rally served as a timely reminder.

Did the President deliberately avoid the clamorous demonstration, which had been publicly announced a few days in advance? There was no statement that substantiated the suspicion. But it was not the first time that demonstrators shouted at an empty State Palace, venting their anger instead in front of the House compound.

Yudhoyono had left the capital city a day before the rally took place. Accompanied by First Lady Ani Yudhoyono and some of his Cabinet ministers, the President toured Malang, Madiun and his birthplace Pacitan. It was the first outing for Ani since recovering from typhoid fever, which had forced her and her husband to spend New Year's Eve at hospital.

It has been widely rumored that Yudhoyono could not stomach the harsh criticism, hence the reason why he often promotes "polite democracy". A source close to the President said Yudhoyono had insisted he would not bow to pressure, let alone from demonstrators, and no one could force his or her will against him because he had been legitimately elected.

Despite his absence from the capital, the President certainly followed what was going on and was updated about the protest. Presidential spokesman Julian Aldrin Pasha said the government was still discussing with the legislative body the issue of agrarian reform to find a solution that would offer a sense of justice.

During his campaign for the 2004 presidential election, Yudhoyono did promise to push through agrarian reform as mandated by the People's Consultative Assembly. But throughout his first term in office and since winning re-election, the promise has remained unfulfilled.

Yudhoyono's failure to deliver on his promises is perhaps the reason for his declining approval rating. A survey conducted by the Indonesian Survey Institute (LSI) revealed on Sunday that public trust in his government has hit its lowest level since he assumed power in 2004.

The annual survey focused on the public perception of the Yudhoyono administration's ability to enforce the law, particularly against corruption. It found that public trust stood at 42.4 percent this year, a decline from 44 percent in 2011, 52 percent in 2010, 59 percent in 2009 and 77 percent in 2008.

Indonesia's war on corruption does not win much praise from either domestic constituents or the international community, despite the President's initiatives to curb graft. This all-time low in public approval for the President has something to do – whether he likes it or not – with the impunity that has allowed certain figures from Yudhoyono's Democratic Party to escape justice in the high-profile corruption cases centering on the party's former treasurer Muhammad Nazaruddin.

The Democratic Party, however, felt the pinch of the fight against corruption this week. The Supreme Court convicted on Tuesday non-active Bengkulu governor Agusrin Najamuddin of corruption, overturning the lower court's decision to acquit him last year. Agusrin, a Democratic Party politician, was sentenced to four years' imprisonment.

Another Democratic Party politician, Amrun Daulay, was found guilty of corruption on Thursday and sentenced to 17 months in jail for his role in the budget misuse involving former social services minister Bachtiar Chamsyah. Amrun announced his resignation from the party on Friday.

Indonesia loses its bragging rights

Foreign Policy Magazine - January 12, 2012

Endy Bayuni – For years now, Indonesia has been basking in its status as the world's third-largest democracy after India and the United States. Indonesian officials never miss a chance to cite it in speeches at home and abroad, and it is not a claim that they make arbitrarily.

This description of Indonesia is one that you can often find today in international news reports and literature. It is an honor given in recognition of the country's success in making the transition to democracy over the last decade or so, since the country began its political reforms in 1998 after more than three decades of authoritarian rule under President Suharto.

Indonesia should rightly take pride in making the grade in such a short time. In the wake of the Arab Spring in 2011, many have even pointed to Indonesia as a model for building democracy in predominantly Muslim nations in the Middle East and North Africa. Indonesia is showing at least that Islam and democracy can be compatible.

After four presidents and three general elections, this country with more than 240 million people today has a functioning democracy. In Freedom House's Map of Freedom 2010, Indonesia is the only Southeast Asian country assigned the color of green (signifying free), along with other countries in the region including Australia, India, Japan and South Korea, and in contrast to the yellow (partly free) and blue (not free) that color much of Asia. That claim to a functioning democracy, however, may soon no longer be apt.

That is not, of course, because China is about to enter the rank of world's largest democracies, which would automatically downgrade Indonesia into fourth position. (Though wouldn't that be something?) Nor it is because the country with the world's largest Muslim population is about to become a theocratic Sharia state governed by a bunch of mullahs. (That's not going to happen, either.) The point is that Indonesia is failing to live up to some of the basic ideals that make a democracy.

While free speech is still kicking and very much alive (officials would often describe Indonesia to visitors as a very noisy democracy), and free and fair elections at national and local levels are now regular features of the political agenda, Indonesia is backsliding on its democratic commitment and coming up short in two aspects that are essential to democracy: law enforcement and religious freedom.

The death of three protesters in Bima on Sumbawa Island in clashes with police during a demonstration against the operation of an Australian mining company in December came as something of a shock to a nation that had assumed that such fatalities only happened under Suharto, certainly not in a democracy where free speech is guaranteed. What was even more shocking was the swift government response in defending the police action (in the name of enforcing the law, ironically enough), even before any independent investigation was launched.

The rulers' old mindset of dealing with protesters from the bygone Suharto era is apparently back. Some would argue that it never left in the first place. The use of live ammunition instead of rubber bullets and other less deadly methods in dealing with protesters appears to be part of the police's standard operating procedures once again.

The Bima tragedy came on the heels of a report of scores of fatalities in clashes over a land dispute between villagers and a plantation company in southern Sumatra. The police also came under strong criticisms because officers deployed to keep the two conflicting sides apart were held directly responsible for some of the deaths among the villagers.

In the easternmost province of Papua, police violently broke up a peaceful gathering of about 5,000 Papuans the moment they declared independence from the Republic and raised Papua'sMorning Star flag, a nationalist symbol, in October. At least five Papuans were killed in the province's capital of Jayapura, but in the absence of any independent investigation the circumstances of their deaths can only be the subject of speculation. The government has defended the police action against what it saw as an act of treason.

Free speech for Papuans apparently does not go as far as expressing their wishes for an independent state, although such sentiments have been openly expressed by people in other parts of the country without inviting swift police reprisals. In 2010, for example, the people of the province of Yogyakarta in Central Java loudly demanded that the central government maintain their special status as the only sultanate in the republic. Predominantly Hindu Bali also once openly threatened to leave the Republic when conservative Muslims tried to force through an anti-pornography law that would have effectively barred forms the use of bathing suits for tourists visiting the island as well as a variety of forms of artistic expression, including paintings, sculpture and dance.

One would have wished that police could have been as firm and swift in dealing with the radical Islamic groups that have been taunting religious minorities. Instead, we increasingly find that law enforcement is sorely lacking or ineffective when it comes to protecting freedom of religion, a basic right guaranteed by the constitution.

Official statistics show that 88 percent of the people are Muslims, mostly of the moderate and tolerant Sunni brand, while the rest is made up of Christians, Hindus, Buddhists and followers of indigenous faiths. Peaceful coexistence between followers of these different faiths is therefore important to keep the nation together. This state of affairs, however, is increasingly undermined by the action of radical Islamic groups, while the state has been doing very little to protect the religious minorities.

In late December, the tiny Indonesian Shiite community became the latest victim when its school complex on Madura Island, east of Java, was vandalized. Typically enough, the police intervention consisted mainly of escorting the Shiites out to safety, giving the crowd of hooligans who had massed outside a free hand to raze the property.

To be sure, no casualties resulted, but the police failure to protect the property left a sour taste in the mouths of Shiite followers. It also fueled anxiety among other religious minorities about the kind of protection they can count on from the state.

What happened on Madura appears to have become police standard procedure in dealing with mobs of radical Islamic groups bent on harassing religious minorities. It had happened before with the Ahmadis, and it had happened with Christians, the largest among the religious minorities. The one time the Ahmadis refused to leave the compound in Cikeusik in West Java in February last year, three of its followers were bludgeoned to death by the mob. When the case was brought to trial, one of the Ahmadis was given a six-month jail term for not cooperating with the police and therefore "inciting" the violence against the mob in the first place. Six of the attackers, by contrast, received three-month jail terms, mostly for possession of sharp weapons.

Not surprisingly, given the state's action, or inaction, the radical Islamic groups have become even more emboldened in recent years. If they got away once, they rightly assume they would get away again, and again, and again. Each attack becomes even more daring and violent than the last one.

Where Indonesia is heading, given the ineffective law enforcement and the lack of protection for religious minorities, only God knows (excuse the pun). One thing for sure is that its claim as one of the freest and democratic nations in Asia, as so often painted by Freedom House and others, is no longer tenable unless it resolves these basic issues of more effective law enforcement and protection of religious minorities.

Law enforcers must focus on bigger cases

Jakarta Globe Editorial - January 10, 2012

That the lack of proper policing continues to be the biggest concern among the Indonesian people is instructive of how far the country has come over the last decade.

While a recent survey conducted by the Indonesian Survey Institute (LSI) focused on corruption, law enforcement goes far beyond just graft. Fighting corruption is important, but ultimately what is at stake is our belief and trust in the legal system.

The survey is also a reflection of the public's faith in state institutions. According to the results of the LSI survey, the National Police, the National Army (TNI) and the President were deemed more "clean" than other institutions, which is a pleasant surprise.

The police in particular have come under heavy public criticism of late because of a string of alleged abuse cases, including the alleged torturing to death of two minors in Sumatra.

The arrest of a juvenile who stole a pair of cheap sandals and more recently the arrest of a boy who stole a tiny amount of money has fueled public anger. Similar stories continue to emerge from various parts of the country.

While the full force of the law has been unleashed on such petty offences, more serious breaches of the law go unpunished or only receive light sentences.

The Bogor mayor, for example, continues to defy the Supreme Court ruling favoring the embattled GKI Yasmin church, while those who attacked and seriously wounded members of the Ahmadiyah sect in February last year got off very lightly.

It is such double standards in the application of the law that create an impression that not enough is being done to combat corruption. Even presidential spokesman Julian Aldrin Pasha has acknowledged that the government still has a lot to do, especially on law enforcement.

It is unfair to blame President Susilo Bambang Yudhoyono alone for the poor law enforcement in the country. True the president could have been more proactive on the issue, but other institutions such as the House of Representatives and regional government leaders must also do their part.

Celebrated for pluralism, but marred by rights abuses

Jakarta Globe - January 10, 2012

Calvin Michel Sidjaja – 2011 was not a good year for human rights in Indonesia. Starting with the persecution faced by the Ahmadiyah sect and continuing with the closure of the GKI Yasmin church in Bogor, the ongoing Papuan crisis and, at the end of the year, news of the Mesuji massacre, the year seemed perfectly designed to give way to a 2012 in which a child was charged for stealing a pair of a policeman's sandals.

The wave of human right violations has caused no little public insecurity. Most of the cases have in common the fact that the victims are mostly from defenseless minorities.

The ignorant crimes of religious violence have been worsened by the fact that the Religious Affairs Ministry has been traditionally slanted to favor Muslims. The Religious Affairs Minister openly stated his preference for disbanding Ahmadiyah in August 2010. While the statement was made two years ago, it is a reminder that Indonesian public officials are capable of making irresponsible comments that are not subject to consequences of any sort.

The pluralism that has been long heralded by the government and praised by other countries is questionable. The absence of conflict does not mean our nation is peaceful; it is, in fact, a negative peace. Conflict is still likely in this nation of ours where oppression still continues.

Religious discrimination will exist due to systematic discrimination in Indonesian citizenship administration. It is still compulsory for all Indonesians to specify, in matters of citizenship, their adherence to one of six officially recognized religions. This creates problems as the religions of the world are not limited to these six. There are many world religions and faith systems such as Judaism, Zoroastrianism, Paganism and countless indigenous religions that remain unrecognized by the government. Atheism and agnosticism are not allowed, either. To be irreligious or secularist is to be an infidel.

The Baduy tribe in Banten province has long advocated recognition of the local faith, the Sunda Wiwitan. Its struggle has not yet realized a happy ending. The faith, still not recognized, is a reminder of systematic discrimination.

Legally, Indonesians can leave their religion blank in their identity card, or KTP, as stipulated in a 2006 regulation stating that citizens whose religion was not yet officially recognized could leave their KTP blank but still be serviced and documented in the civil database.

The open discrimination toward Ahmadis, Baduys or members of any faith outside the six official religions is a serious violation of basic human rights. Public officials should watch their words when commenting about their distaste toward other faiths as they could be charged on the basis of violating laws.

The sad picture of human rights is ironic as Indonesia constantly appears in headlines as a model example of how Islam and democracy can work together. Despite being the country with the largest Muslim population in the world, Indonesia is not an Islamic nation.

Indonesia is currently transforming itself into a major world economy. From an economic perspective, it goes without saying that the nation needs quality human resources. But the basic security of religious freedom should be a part of that agenda.

In its short history, Indonesia has experienced a great deal of brain drain. From 1950 to 1967 there was repatriation of Dutch-Indonesians to the Netherlands, along with repatriation of Chinese-Indonesians to mainland China. After 1998, many Chinese Indonesians became targets of violence and escaped overseas. Many were middle class and refused to return. While the situation for Chinese-Indonesians has improved since the time of Gus Dur's presidency, the others are declining.

The underdeveloped economy of Papua is in ironic juxtaposition with the Dutch's occupation in the Dutch East Indies. Had the indigenous people been happy with Dutch occupation, the revolution would not have happened. The same goes with Papua. Had Papua been satisfied being an Indonesian province, the independence issue would not have started. The Round Table Conference in December 1949 did not include Papua as region that was included in the newly formed federation. Therefore, the inclusion of Papua in the current republic remains questionable.

The central government should inspect thoroughly its relationship with Papua. So far, it remains horizontal. The excessive use of military force might be remembered by Papuans as military aggression but as something different by the Indonesian history books.

"Freeport security personnel and the police are still investigating the shooting," he said.

A similar incident occurred on April 7, 2011, when unidentified gunmen fatally shot Freeport workers M While it is obvious that Indonesia will keep enjoying economic growth in the midst of global recession, it will be a gloomy year for law enforcement and human rights. An underage child was taken to court for stealing a pair of sandals, while people convicted of graft offenses receive light punishment despite causing trillions of rupiah in losses from the state budget. These miscarriages of law enforcement are morally damaging and escalate public distrust and cynicism.

The legal system has been so dysfunctional that it has reached the point that if you want to steal, the best advice might be to steal as much as possible, so at least you have money to bribe the judges and pay the lawyers.

[Calvin Michel Sidjaja is a researcher for HD Asia Advisory in Jakarta. The opinions expressed are his own.]

Lawmakers vs politicians

Jakarta Post Editorial - January 10, 2012

As in the past, the House of Representatives marked the first day of its first legislative session in 2012 with a high-sounding pledge on Monday.

House Speaker Marzuki Alie told a plenary session at the House that the law-making body would dedicate its time and energy to completing deliberation of 64 priority bills this year.

Looking at the House's past performance – specifically in 2011, when lawmakers approved less than half of the 70 "priority" bills on its legislative agenda – lawmakers haven't given us much assurance that they will live up to their promises this time around.

And then there's the fact that all of the political parties in the House are eager for a head-start in the legislative and presidential elections in 2014.

One may quickly cast doubt on whether Marzuki's New Year resolution will be fulfilled. The hall where the plenary gathering was held on Monday was half empty, in stark contrast with the speaker's commitment to advance the House's performance.

Technical competence is perhaps the thing that lawmakers are still lacking in deliberating bills, resulting in protracted debates with the government, as in the case of the Law on Social Security Providers and the Law on the Financial Services Authority (OJK), both of which were endorsed by the House only after several legislative sessions.

The ability of lawmakers to make laws has long been a cause for concern, despite expert staff members hired to advise House members on the contentious issues within a bill or on which public causes to pursue.

Newly passed bills have often met with public resistance and brought to the Constitutional Court for judicial review, merely because some deemed that the laws caused legal uncertainty or discriminated against certain groups.

The vulnerability of laws to judicial review motions – and a high possibility that the Constitutional Court will rule in favor of plaintiffs – speaks volumes on lawmakers' ability – or inability – to legislate.

Judicial reviews are allowed in a democracy to ensure that the rule of law is upheld, but on the other hand the sheer number of reviews filed indicates the amount of wasted time, energy and stemming from lawmakers' incompetence.

Among the crucial bills that might likely be contested if they are endorsed include the election bill and the national security bill. Lawmakers are also at odds over revising the electoral threshold, which ranges between 2.5 and 5 percent.

The national security bill is no less contentious as it will diminish the National Police's monopolization of public security and safety in favor of a National Security Council. The bill will also reinstate the role of the Indonesian Military (TNI) in security affairs, though the TNI will not be as central as it was during the New Order regime.

The toughest test of the "legislation year" looks to come from the House members, who have so far acted more as politicians than lawmakers. State policies produced by the House are mostly a result of transactions, either for a share of power or money. The latest investigations into bribery allegations involving House members are more than enough to confirm the existence of transactional politics.

With political turmoil over controversial issues such as the Bank Century bailout unlikely to abate, hopes for politicians to dedicate themselves to legislation look remote.

Aceh shootings offer pre-election warning to Jakarta of one possible future

Jakarta Globe - January 9, 2012

Jan Lepeltak – On Jan. 1, two people were shot dead by five gunmen on motorcycles in a village in North Aceh, a day after gunmen shot dead three workers from state-owned telecommunications company Telkom in Bireuen district.

A day earlier a man in Banda Aceh was shot dead at point-blank range. At least four of the victims were Javanese, fueling rumors that the shootings were politically motivated.

While the identity of the killers remains unclear, the shootings are certain to have woken up Jakarta to the deteriorating security conditions in the province.

Aceh, which experienced 29 years of separatist conflict that claimed some 15,000 lives until a peace agreement was reached in 2005, has scheduled simultaneous elections for a new governor and 16 local leaders on Feb. 16.

The Aceh Party has registered candidates for the polls, but has threatened to boycott the elections if independent candidates are allowed. The Aceh Elections Commission said it had approved the participation of Irwandi Yusuf, an independent candidate and the incumbent governor, and his running mate, Muhyan Yunan, in the gubernatorial election following a Constitutional Court ruling allowing independent candidates to participate in Aceh's polls.

Irwandi and Muhyan will run against the current deputy governor, Muhammad Nazar, and his running mate, Nova Iriansyah, backed by the ruling Democratic Party and the United Development Party (PPP), and independent candidates Ahmad Tajuddin, Suriansyah, Darni Daud and Ahmad Fauzi.

The previously very popular Aceh Party, founded by former guerrillas from the Free Aceh Movement (GAM), now sees itself being pushed to the sidelines of Aceh's most important elections.

Insiders fear the elections will become the bloody climax of a growing feud between Irwandi and his former GAM compatriots who now control the Aceh Party. The tensions started in 2007 when Irwandi won an overwhelming victory in the gubernatorial election.

Irwandi has proven to be a clever politician, cementing a close relationship with the central government, the armed forces and the police, and using his budget powers to consolidate his position among the Acehnese administration and population. His assertive and independent political maneuvering increasingly left his former supporters in the Aceh Party disenchanted.

The feud in recent months has grown to an alarming level with supporters of Irwandi reportedly afraid to enter areas dominated by Aceh Party supporters such as Peurulak, Lhokseumawe and Langsa. Various violent incidents have occurred targeting Irwandi and his supporters, including the burning down of a house owned by Irwandi in 2011.

Early in December, three people were injured in a grenade attack on a boarding house used by local representatives of the Coordinating Ministry for Political, Legal and Security Affairs in the capital, Banda Aceh. The boarding house 2as located about 100 meters away from an office belonging to the campaign team of Irwandi, which was targeted in a grenade attack a few days earlier. No casualties were reported in either incident.

With just over a month before the scheduled elections, there are no signs that the local authorities or Jakarta want to postpone the elections, after having done so a number of times before.

On Wednesday, Home Affairs Minister Gamawan Fauzi said the polls would go ahead despite the shootings. He was speaking following a high-level meeting on the issue attended by Irwandi and the speaker of the Aceh provincial legislative council (DPRD), Hasbi Abdullah.

Many now believe the show must go on, but fears are growing at what cost elections will take place.

If people in the Aceh Party feel they will totally miss out on the deal, former GAM members within the party are believed likely to resort to old methods of the sort employed during the conflict between GAM and the Indonesian state.

One increasing concern is the possibility of political assassinations aimed at frustrating the political process. Irwandi himself is always tightly protected by bodyguards.

The Indonesian Armed Forces (TNI) and the police are believed to prefer that he continue his governorship for a number of different reasons. For one, they still harbor suspicions toward the leaders of the Aceh Party, all former GAM leaders and commanders.

While for now boycotting the gubernatorial election, the Aceh Party had previously nominated the former GAM commander in chief, Muzakkir Manaf, as its candidate for deputy governor. For the Army and the police, it is difficult to accept the possibility of a guerilla leader responsible for the deaths of many soldiers and police officers becoming the second most powerful civilian leader in the province.

Second, the business interests of the security forces are being accommodated by Irwandi, who has frequently visited Jakarta to attract investors. He has reportedly discussed investment plans with business tycoon and the part-owner of the Artha Graha Group, Tomy Winata, who enjoys close ties with the TNI.

Irwandi has in recent years attracted most of the ire of former GAM soldiers in the Aceh Party. However, other gubernatorial and district candidates could potentially also be targeted by groups attempting to derail the planned election process, according to insiders.

The fact that innocent Javanese Telkom workers were brutally "sacrificed" for political purposes reflects the ruthlessness of the political game in Aceh.

Another element that makes Aceh a political powder keg is that firearms are still widely available in the province. Guns from the previous conflict remain hidden by their owners, former GAM rebels who have been suffering from great poverty since the peace accord.

Their commanders have grown rich from government projects, while they are left with empty promises from both the government and the Aceh Party. This has resulted in alarming crime rates in the eastern and northern parts of Aceh.

Furthermore, the impoverished former GAM rebels possess both fighting experience and connections abroad with the illegal arms trade in neighboring countries such as Burma, Thailand and Vietnam.

Allegedly, Acehnese fishermen regularly head north to these countries in boats loaded with marijuana hidden under boxes of rotten fish. The drugs are traded for firearms, which enter the black market in Aceh and may also be sold in other parts of Indonesia.

Unemployment makes it easy to enlist former GAM members in shootings and political violence. Amid their lives of poverty and disappointment, the current political conflict could offer the promise of a new opportunity for these disappointed guerillas.

Many of these former fighters are said to believe that it would be better to starve with a machine gun in the jungle than to starve in their villages during peacetime.

That makes them easy to manipulate by a political elite linked to GAM that feels it is not getting as much as it can out of the distribution of political power in Aceh.

While a new guerilla conflict between the TNI and GAM is very unlikely, Aceh is entering a new era of political terror, which is splitting Acehnese society. Jakarta is now under pressure to talk to all sides and provide political solutions to both the Aceh Party and the group around Irwandi.

President Susilo Bambang Yudhoyono, who is still widely popular in Aceh, is risking his political heritage as a peacemaker if he fails to stop the spiral of violence, a process in which the next six weeks will be critical.

In the meantime, nationalist hard-liners within the TNI and the government seem content that the current Acehnese in-fighting reduces any chance of separatist aspirations returning to become a strong political force in Indonesia's western-most province.

[Jan Lepeltak is a Jakarta-based analyst with Concord Consulting.]

Analysis: Power woes could trip Indonesia's economic surge

Reuters - January 9, 2012

Francis Kan, Singapore – Indonesia's inability to meet the rising energy needs of its businesses, from steelmakers to hotel resorts, threatens to put the brakes on growth in Southeast Asia's largest economy.

The recent update of Indonesia's sovereign debt rating by Fitch to investment status should help attract more investors. But analysts and industry watchers fear wasteful subsidies and rampant corruption will reduce crucial investment in the infrastructure needed to supply power.

"Indonesia is not fulfilling its full potential because of these energy and infrastructure problems," said Erman Rahman, director of economic programs in Indonesia at The Asia Foundation, a San Francisco-headquartered nongovernmental organization. "A business can't grow when it is facing blackouts a few times a week," he said.

Almost half of 13,000 companies surveyed by the foundation in 2010 and 2011 experienced power outages at least three times a week.

Indonesia is the world's largest exporter of coal and the third-largest exporter of liquefied natural gas (LNG), but almost one-third of its citizens have no access to electricity. In outlying regions such as Papua, the figure rises to more than half.

A World Bank report for 2011 ranks Indonesia 161st among 183 countries in the ease of businesses getting reliable electricity supply, down three places from the previous year. In this category, Indonesia has received worse grades than Congo and Albania. Recurring blackouts this year have forced hotels on the resort island of Bali to rely on diesel generators for back-up power, which costs more than regular power supplies.

"The situation has improved, but there are still blackouts from time to time. We have to use diesel which is more expensive and adds to our costs," said a senior executive at a Bali hotel.

Due to poor transport links in the archipelago of more than 17,000 islands, movement of coal is hampered by lack of railroads. A lack of pipelines is one reason why only a small percentage of Indonesia's rich natural gas deposits are being utilized to power industries at home.

"Indonesia needs to improve access to energy for the smaller islands to diversify the sources of growth now concentrated in greater Jakarta and Java," said Ferry Wong, head of research at Citigroup Securities Indonesia.

Indonesia's GDP is expected to grow by 6.3 percent next year, according to the country's central bank, while electricity demand is forecast to rise a robust 6.2 percent, the Economist Intelligence Unit (EIU) estimates.

Subsidies pain

Heavy spending on subsidies and problems with land acquisition have held back investment in infrastructure.

Analysts say that with Indonesia growing at more than 6 percent a year, it needs to spend the equivalent of 5 percent of its gross domestic product a year to keep up with growing infrastructure needs.

While a newly-passed land acquisition law makes it easier for developers to secure land to build ports and power stations, there is political and public opposition to tackling subsidies.

The country's utilities sell power to end-users at subsidized rates of $70-$75 a barrel of crude oil, well below market prices of $95-$105 a barrel, said Citigroup's Wong. "If oil prices continue to rise, this will be a risk to Indonesia's economy because it puts a strain on the budget."

Finance Minister Agus Martowardojo said on December 13 that this year's fuel subsidy bill will total 168 trillion rupiah ($18.5 billion), up from the budgeted figure of 129.7 trillion rupiah because of increased demand and higher-than-expected average oil prices.

The government plans to remove fuel subsidies in April for private cars in Jakarta and Bali, but the selective nature of the cuts is likely to limit their effectiveness.

"Motorcycles are exempt from the subsidy (cut), and there are roughly 10 times more motorcycles than cars being sold in Indonesia," said Martin Adams, an EIU energy analyst in Hong Kong.

State utility PLN cannot cover costs at current tariffs, which the government has been reluctant to raise, capping the power firm's ability to fund investment, analysts said.

There are plans to raise electricity tariffs in 2012 by an average 10 percent on average for most customers, which would cut an estimated $1.1 billion from the state subsidy bill. But there is no certainty rates will be raised. Early this year, the government proposed a 15 percent hike, but the legislature thwarted the plan.

Corruption

Underinvestment at the lower levels of government is also a problem, with only 14 percent of local government budgets allocated to infrastructure, compared with 60 percent for personnel, a study by the Asia Foundation shows.

"For road and bridge programs, the average funding allocated was only... around a quarter of the amount needed for periodic maintenance alone," said the report, "Local Economic Governance 2011", based on a survey of almost 13,000 businesses conducted for the foundation by Nielsen Indonesia.

Corruption is also a problem, and one that has been exacerbated by Indonesia's decentralization after longtime strongman Suharto resigned in 1998. Unlike during his tenure, officials in local governments far from Jakarta have the power to permit or block projects, and some provincial civil servants have grabbed the chance to enrich themselves.

"The situation is worse than I had thought, people are paying up to $10,000 to $15,000 just to get these jobs, although their annual pay is just 10 percent of that," said Rahman.

Bribery also puts off foreign investors at a time when Indonesia is seeking $100 billion of private investment to overhaul its creaking transport network.

Declining gas output

In recent years, Indonesia has shifted away from using oil towards gas to generate power as rising crude oil prices boosted subsidy bills and the country became a net oil importer in 2004.

PLN plans to cut oil's share of the energy mix to 3 percent by 2013, from about 20 percent now. Analysts estimate that producing power from oil-based fuels costs it $15 per million British thermal units (mmbtu), but gas-fired power plants would only cost $12 per mmbtu.

But the lack of gas supply has prevented companies from taking advantage of the lower-cost fuel source, since producers earn more from higher-priced exports.

Gas shortages forced Krakatau Steel, Indonesia's largest steelmaker, to shelve plans to expand production capacity, President Director Fatwa Bujang said this month.

In response to the shortage, the government in July freed private firms to import natural gas for the first time. Indonesia will export 362 LNG cargoes this year, down 15 percent from 2010. It is building LNG import terminals with nearly 10 million tones of capacity to meet demand.

Long-term solutions

The PLN, where Nur Pamudji was appointed as director last month, wants to boost the national electrification ratio to more than 73 percent next year, from below 69 percent now.

To reduce blackouts, the utility plans to add 10,000 megawatts (MW) of generation capacity by 2014 to the existing 30,000 MW. But even if realized, Indonesia's energy woes could still cap its economic growth in the short term.

"The government realizes that it needs to remove subsidies, improve the business environment, install more generation capacity and extend the grid, but these are all long term undertakings and we can expect only gradual movement," said EIU's Adams.

[Additional reporting by Reza Thaher.]