Markus Junianto Sihaloho – Legislators have called into question a recently issued presidential decree that orders the appointment of more advisers and raises the post of adviser to the ministerial level.

The decree, revealed at a hearing on Monday between House of Representatives Commission II, which oversees domestic affairs, and Cabinet Secretary Dipo Alam, increases the total number of presidential advisers and envoys from 12 to 14.

"Why does the president like doing stuff like this?" asked Budiman Sujatmiko, a lawmaker from the Indonesian Democratic Party of Struggle (PDI-P). "For us, this decree is just about sharing out power," he said.

Speaking to reporters after the hearing, Dipo said the president had discretionary power to create the new posts as he saw fit. He denied that the increase would be a waste of money, arguing that the officials named to the posts were all capable and effective.

"The cost increase is tiny when you consider their effectiveness and the input that they give to the president," Dipo said. "Don't put a rupiah value on it. The advisers have resolved a lot of issues at both the national and international level." He did not elaborate on what those issues were.

He also denied that President Susilo Bambang Yudhoyono was surrounding himself with more advisers to make up for a waning trust in his ministers. At least two cabinet members, the sports and manpower ministers, have been implicated in graft cases recently.

Dipo said this was not the reason for the increase. Rather, he said, the president understood that it was important to have highly skilled and competent lobbyists at hand when dealing with foreign governments and institutions.

In addition to the increase, the presidential decree issued earlier this month also raises the status of the advisers to ministerial level.

It also formalizes the appointments of four of the advisers as special envoys. T.B. Silalahi has been named the special envoy for the West Pacific; Nila Anfasa Moeloek the special envoy for the Millennium Development Goals; Rachmat Witoelar the special envoy on climate change; and H.S. Dillon the special envoy for poverty alleviation.

PKS says it didn't seek change to Red Cross emblem

Jakarta Globe - February 27, 2012

Ezra Sihite & Dessy Sagita – The Prosperous Justice Party has denied it pushed for a change to the Indonesian Red Cross's emblem, saying the claim was part of a smear campaign against the party ahead of 2014 elections.

Fachri Hamzah, chairman of the party known as the PKS, said on Sunday that he was surprised to hear media reports that his party had demanded a change to the logo of the Indonesian Red Cross (PMI).

"We can't just change it as we would have to amend a law on the PMI first. It means it should be done through the House of Representatives," the PKS lawmaker said.

Fachri added that it was impossible for his party alone to change the logo. "It's not about whether we've ever proposed it. We just can't do it. That is just a black campaign against us," he said.

PKS secretary general Abdul Hakim also denied that his party wanted the logo replaced. "What the PKS proposed was that we should make the PMI the only official humanitarian body in Indonesia," he said.

Last year, reports circulated that a PKS member proposed that the PMI change its emblem, saying it had been inspired by the Christian cross. The PKS member, who would not reveal his name, said that the logo was against Islam. When the news broke, it drew widespread criticism.

An official at Red Cross headquarters, Muhammad Muas, said on Saturday that it had received a request from the PKS to change its logo. He said that the organization refused because the logo was agreed upon at the Geneva Convention in 1949.

Muas said that PKS's demand for a logo change was baseless. "This logo has nothing to do with any religion.

It's neutral," he said. "Besides, Indonesia is not a faith-based country and not a secular one. We uphold Pancasila [the Five Principles] as our ideology that supports our plurality." He added that the country's founding fathers, Suharto and Muhammad Hatta, had agreed on the emblem.

Actions, demos, protests...

Makassar students protest fuel-price hike

Jakarta Post - February 29, 2012

Makassar – Students in the city took to the streets on Tuesday in protest at the planned increase in fuel prices on April 1.

Three groups of students rallied in separate places. Those from the Alauddin State Islamic University (UIN) held their rally in front of their campus, causing congestion on the thoroughfares connecting the city with other regencies in the southern part of the province.

The protesters stopped a truck carrying gas canisters under the overpass while waving banners and signs calling on the government to cancel the planned fuel-price hike.

According to the students the policy would cause hardship as "the hike will trigger higher prices of basic necessities."

West Papua

When there is no guarantee of security of life for the people of Papua

West Papua Media - March 1, 2012

John Pakage – On Tuesday morning, 21st February, Courtroom 1A in Jayapura was peaceful but tense. Many soldiers were to be seen guarding the streets for a session of the trial of Forkorus Yoboisembut, Edison Gladius Waromi, Agustinus M. Sananay Kraar, Selpius Bobii and Dominikus Sorabut. They were arrested after the session of the Congress of the People of Papua in Zakeus Pakage Square, Abepura,Jayapura, on the 19th of October 2011.

At the fifth meeting in this case, some witnesses, who were all members of the police, said they had not been direct witnesses and did not know about the public nature of the meeting of the Papua Congress. Seven witnesses out of the eight who were called by the court had attended. These witnesses had only heard from a distance the voice of Forkorus reading the resulting resolution of the Congress.

Forkorus Yoboisembut, Edison Gladius Waromi, Agustinus M. Sananay Kraar, Selpius Bobii and Dominikus Sorabut are all charged with treason, because they had declared the independence of the State of West Papua.

Concerning this case, the legal representative of the accused, Olga Hamadi, told John Pakage from Cermin Papua on Thursday 1st March that the witnesses who are making things difficult for the accused, were not actually at the location of the Congress and their evidence is refuted by those who were.

"Seven witnesses who are all members of the Police gave statements as witnesses; however, we reject them because they did not directly see the meeting. They only heard Pak Forkorus reading a declaration of the result of the Congress via the PA system," said Olga.

Hamadi explained that "We saw that the declaration of the results of the Congress which were read by Forkorus were a summary of statements of all the members of the Congress, which were (in turn) a direct statement of the aspirations of the people of Papua."

Because of this, the accused did not take any action towards secession via this Congress. Thirdly, this Congress is only restoring the country to what it was before the Indonesians annexed it in 1961.

Many of the world's human rights organisations have already sent letters to the President of the Republic of Indonesia to release Forkorus, Edison Gladius Waromi, Agustinus M. Sananay Kraar, Selpius Bobii and Dominikus Sorabut, because they only gave voice to the problems hindering democracy in Papua, and the human rights violations which would not be tolerated as legal by the government of Indonesia.

The civil human rights organisation based in New York, USA, Human Rights Watch (HRW), says that the establishment of the Congress of the People of Papua is a normal part of the human rights that belong to the people of Papua. They are calling on the government of Indonesiato withdraw the charges against the accused and free the five members of the Congress of the People of Papua immediately.

"The government of Indonesia has to live up to its commitment to peaceful resolution (of the Papua issue) by cancelling these charges against the five activists," said the Deputy of HRW for Asia, Elaine Pearson, in a statement cited by AFP on Monday 29th January, 2012.

A similar appeal came from a member of the Congress of the United States, Eni Faleomavaega. Eni said that the TNI and Police were the initiators of the unrest in Papua, especially by the scattering and arrest of members of the Third Congress of the People of Papua (KRP).

Compare this with the stated commitment of the government of Susilo Bambang Yuhdoyono, that it will deal with the problems in West Papua in a "peaceful way, with justice, and with dignity".

While this legal case is ongoing, international support is growing in strength for the aspirations of Papua to be given the opportunity to express themselves. This support is seen by the government of Indonesia as foreign intervention in the internal affairs of Indonesia's province of Papua.

It is no secret that the international public already knows of the meeting of the International Group of Parliamentarians for West Papua (IPWP) in Australia on February 29. This support for Papua is gathering in Australia from many of the nations of the Pacific.

On 22 September 2010, a member of the American Congress, Eni Faleomavaega, became familiar with the problems in Papua, and heard (In a special session of the US House Committee on Foreign Affairs) about the human rights violations which are perpetrated in Papua by the Indonesian government.

Several experts testified at the Committee Hearings and examined a selection of the problems of democracy in Papua, and the violations of human rights. These included Pieter Drooglever (Institute of Netherlands History), Henkie Rumbewas (a Papuan independence activist), and Sophie Richardson, PhD (Human Rights Watch).

This international opposition has made the government of Indonesia very cautious about the growing support for Papua from many nations outside Papua. Indonesia is afraid that there is a chance that the forces of the US in Darwin, Australia, which will number around 2500 US Marines, will be used to intervene to help liberate Papua.

The head of Committee 1 of the DPR, Ahmad Muzani, said that the superpower has a close relationship with the personnel in Darwin. He says that the US forces are tied up with the problems in Papua because they have hidden interests in the territory.

To be sure, as technology develops in the world there are fewer incidents happening in the jungles of Papua that remain unknown. Since 1969, when the Indonesian government first banned foreign journalists from covering news on the ground in Papua, there have been many cases of foreign journalists being deported back to their home countries from Papua. It's not clear why Indonesia is so afraid of what's happening in Papua.

International attention on Papua is also increasing because Papua is a great source of natural resources. Many countries and companies would like to invest in Papua, like Freeport McMoran, an American company which provides huge amounts of foreign exchange to Indonesia. Freeport enables the Indonesian government to operate in the way it does. This fact would be made very clear if Freeport was forced to close and withdraw all its investment (as some Indonesian and most Papuan figures are calling for). That truly would be a great disaster for -Indonesia – in fact, Indonesia could be broken up by such an outcome.

However, for the last few months Freeport has only just been able to continue operations. The business has reported that its profits are only US6.4 billion, or about Rp57.6 trillion for the last year, a fall of US1.5 billion from the year before.

"This result is not good, because it shows a fall-off in our operations, at the Grasberg mine in Indonesia," said the CEO of Freeport, Richard Adkerson, as reported on the BBC on Saturday 21 January this year.

It can be seen that for some months now there has been a loss of business, which is growing all the time, because the management of Freeport has stopped operations of the automated extraction of gold. The mining of copper at Grasberg has also been reduced.

(These stoppages were initially caused by Freeports's wholesale rejection of its workers demands for work safety guarantees and living wage increases, from US$1.50 per hour to US$14 per hour. Freeport workers conducted a five month long strike forcing Freeport to declare force majeure on its supplies and projections. West Papua Media)

These stoppages have affected the share price of PT Freeport Indonesia on the Indonesian stock market (BEI), and also the share price of (parent company) Freeport-McMoran in America. So of course there is a loss by America which is growing. There will also be further significant losses if there is a general economic slowdown, both in Indonesia and in other countries.

At the present time, Freeport has not been operating since Thursday March 1, and Freeport has stopped operations for the next six months. (It is amidst) these circumstances that America is still donating fighting planes such as the F16 and Hercules to the Indonesian military.

The US Defence Minister, Leon Panetta, has been trying to set up a bilateral meeting with Indonesian Defence Minister Purnomo Yusgiantoro to establish a summit of the Defence ministers ofSouth East AsiainBalifor some time now. The US Defence Secretary also had a meeting with President Yudhoyono at the Ayodya Hotel in Bali.

However, the promised US delivery of 24 F-16 fighter planes and Apache helicopters has not as yet been finalised. Further action is needed in this process, as the planes have not yet arrived in Indonesia. Military observer Rizal Darmaputera views the stepping up of defence cooperation between the US and Indonesia as "one means of implementing America's geopolitical strategy on the Asia-Pacific rim to balance the growing strength of China."

The (geo)strategic position of Indonesia is a necessary link in the alliance of the US with various Asia-Pacific countries which tie in with its close connection with Japan and Australia.

So America gives this donation of war planes to Indonesia, knowing that they will be used to ensure that the Papua problem be handled internally by Indonesia to maintain the "unity of the Republic of Indonesia".

Therefore the promise (by SYB) of basic human rights for Papua demanded by Forkorus and friends will not keep them out of jail as now. Jakarta must evaluate its treatment of the people of Papua as part of the human race, and who deserve rights and respect just as other people in the world deserve; and not to treat them (in the manner) as did AKP Rido Purba, an Indonesian Police officer in Papua who spat in the faces of Forkorus and friends at the time of their arrest.

Up to this time we have yet to see justice and the admission of basic human rights to Papuans; so (the next hearing of treason trial on) March 2 will be a very important stage in the case against Forkorus and friends by the Indonesian justice system in Jayapura.

At this point, "the trial of Forkorus and company will resume," said Olga Hamadi, Director of Kontras.

[Edited and abridged in translation by West Papua Media.]

Call on New Zealand government to engage with Indonesia over Papua

Radio New Zealand International - February 29, 2012

A New Zealand MP is calling on the government to play a constructive role over dialogue with Indonesia about West Papua.

Catherine Delahunty attended this week's launch of the International Parliamentarians for West Papua group in Australia. She told parliament in Wellington that New Zealand has a proud tradition of standing up for its more vulnerable neighbours.

"And yet we are still silent, still colluding over the issue of West Papua. It is not about attacking an important neighbour like Indonesia. It's not about denying the relationship. It's about saying to Indonesia, yes democracy is developing positively in your country, but something is happening in a dark corner."

Catherine Delahunty says illegal logging and the mining in West Papua are what she called "blood on the barbecue".

Labor MPs defy minister over Papua

WA Today - February 29, 2012

Labor backbenchers have angrily defied a call by acting Foreign Minister Craig Emerson to boycott a meeting on the disputed province of West Papua so Indonesia is not offended.

Indonesian embassy officials have raised concerns with the government over the launch of a local chapter of International Parliamentarians for West Papua. The group, which advocates for the "inalienable right of the indigenous people of West Papua to self-determination", was launched in Canberra yesterday by Victorian Greens senator Richard Di Natale.

Dr Emerson is believed to have "strongly urged" his colleagues not to go to the meeting, telling caucus the Labor platform was to support Indonesia's territorial integrity while the Greens wanted independence for West Papua. "We shouldn't be dancing to the Greens' tune," Dr Emerson said.

But several MPs took exception to Dr Emerson's comments, which they saw as an attempt to ban attendance at the meeting. "I told him I'd be going anyway," New South Wales backbencher Laurie Ferguson later told The Age.

"What he doesn't appreciate is there is no contradiction between the Labor Party platform which says that we respect the integrity of Indonesia's boundaries... and a campaign for human rights in West Papua and for support for discussions on autonomy," he said, adding that parliamentary groups met on similar issues such as Palestine, Western Sahara and Tibet.

Dr Emerson was also pulled up by Labor caucus chairman Daryl Melham and former Speaker Harry Jenkins, who said MPs were free to attend any event they chose. Labor backbenchers Melissa Parke and Claire Moore also attended the meeting.

West Papua was incorporated into Indonesia in the late 1960s but has been beset by a long-running campaign for independence.

The Indonesian embassy yesterday declined to comment. But Northern Territory Labor senator Trish Crossin, who chairs the Australian Indonesian Parliamentary Friendship Group, confirmed a delegation of embassy officials had met her yesterday to express concern because West Papua is a province of Indonesia.

Senator Crossin spoke in support of Dr Emerson in caucus and said it was unclear what the meeting was meant to achieve as friendship groups are usually country to country. "If it's an informal little group to advocate for human rights there – well, that's totally separate."

A Foreign Affairs Department spokeswoman confirmed the Indonesian embassy had raised the West Papua meeting issue and said successive Australian governments had committed to the territorial integrity of Indonesia.

Freeport says 32 shootings eroding Grasberg copper, gold output

Bloomberg - February 29, 2012

Soraya Permatasari – Freeport-McMoRan Copper & Gold Inc. (FCX) said 32 shooting incidents in almost as many months have hampered operations at its Indonesian mine, which holds the worlds largest recoverable copper deposit.

Fifteen people were killed and 56 injured in the shootings since July 2009 at Grasberg and along the road leading to Freeports mining and milling operations in the district, the Phoenix-based company said today in a statement. The victims included Freeport employees, contractors, members of law enforcement and civilians, it said.

Grasberg is located in Papua province where separatist groups have sought political independence for years, often resorting to violence.

Freeport halted production and shipments from Grasberg this month after violence flared up among employees in the aftermath of a strike last year over pay increases.

The identity of the perpetrators is unknown as is the motivation for the shootings, Freeport said in the statement. We have taken precautionary measures, including using secured convoys on the road. The Indonesian government has responded with additional security forces.

Freeports copper production fell 18 percent to 823 million pounds in the fourth quarter from a year earlier, the company said on Jan. 12. Gold output plunged 71 percent to 181,000 ounces.

Freeport will be reviewing its numbers for Grasberg for the first quarter and the full year, Chief Financial Officer Kathleen L. Quirk said this week in a presentation at BMO Capital Markets Global Metals & Mining Conference in Hollywood, Florida.

Prolonged limitations on access to the road could adversely affect operations at the mine, Freeport said. The safety of our workforce is a critical concern, and PT Freeport Indonesia is working cooperatively with the government of Indonesia to address security issues.

Calls for release of Forkorus and his colleagues

Bintang Papua - February 29, 2012

Hundreds of people have been calling for the unconditional release of Forkorus Yaboisembut and his four colleagues. A demonstration in Jayapura presented this demand to the Regional Director of the Department of Law and Human Rights on Wednesday.

In speeches made at the demonstration, they strongly rejected the trials for makar – subversion – which are now under way. They also expressed support for the newly established Australia-Pacific branch of International Parliamentarians for West Papua.

Among those taking part in the demonstration were people from many walks of life, such as students, school pupils, religious leaders and representatives of local communities. They said that Forkorus Yaboisembut was the leader of the Federal Republic of West Papua and that he and his four colleagues should be released.

They also said that independence was the right of all people on earth. The Papuan people have the right to affirm their independence in their own state, just like people in other states.

They said that for fifty years, the Papuan people had been subjected to blood-thirsty actions without stop and subjected to the military approach in the Land of Papua, resulting in killings, kidnappings and maltreatment in the name of the NKRI, the Unitary State of the Republic of Indonesia.

We have been the victims of human rights violations on a massive scale, ever since 1961 when the establishment of the State of West Papua was proclaimed. They said that West Papua had been forcibly integrated into Indonesia. Referring to the Act of Free Choice in 1969, when 1,025 persons had taken a decision in favour of integration, they said that this should have been a vote held in accordance with the principle of universal franchise, meaning one person, one vote. And since that time, the Papua people had been the victims of policies serving the interests of Indonesia.and denied the right to self-determination.

They also urged the UN Council for Human Rights which has continually closed its eyes to what has been happening in West Papua, to stop ignoring the rights of the West Papuan people. UN agencies such as the rapporteur for human rights defenders had been denied access to West Papua. They also said that since integration, some one hundred thousand Papuans had died. They demanded the right to independence, to be free from living under Indonesian colonial rule.

They stressed that declaration made by Forkorus as President of the Federl Republic of West Papua had taken place as a result of decisions adopted at the Third Papuan Peoples Congress last year. They also protested against the judges at the trial who were charging Forkorus and his colleagues of makar.

Oz government denies support for meeting on West Papua's Independence

Jakarta Globe - February 28, 2012

The Australian government has denied any involvement in a regional forum supporting the independence of West Papua from Indonesia that was held in Canberra on Tuesday, saying it remains committed to the archipelago's territorial integrity.

The meeting was organized by the International Parliamentarians for West Papua, and was scheduled to be attended by legislators and officials from a number of countries, including Australia, Papua New Guinea and New Zealand.

"Australia is fully committed to Indonesia's territorial integrity and national unity, including its sovereignty over the Papua provinces. This is a fundamental obligation of the Lombok Treaty between Australia and Indonesia," the Embassy of Australia in Jakarta said in a press statement on Tuesday.

"The meeting being held by the International Parliamentarians for West Papua on Tuesday in Canberra does not represent the views of the Australian Government."

The embassy added that despite some Australian legislators' involvement in the meeting, supporting the Papuan independence cause was not part of Australia's foreign policy, which is determined by the government. "And in relation to Indonesia, the Lombok Treaty has the support of the largest parties in the Australian parliament," the embassy said.

The Lombok Treaty is a security agreement between Indonesia and Australia put into effect in February 2008. It covers a number of areas, including defense cooperation, intelligence and maritime security, and has further strengthened the bilateral relations between the two neighbors.

Radio New Zealand International earlier reported that the Tuesday meeting in Canberra was aimed as an official launch of the International Parliamentarians for West Papua group in Australia.

New Zealand Green Party lawmaker Katherine Delahunty, who attended the event, was quoted by the radio as saying that building the regional network was essential for parliamentarians who wanted to assist in forging a solution to Papua's "deteriorating human rights situation."

"Because if the International Parliamentarians want to take legal issues, for example, to the United Nations, it's very important that the solidarity and support of governments in Melanesia, the South Pacific, Australia and New Zealand show solidarity.

"So we have work to do in our own countries, we have work to do with each other, to make this body truly more effective. It's difficult to do it when there isn't actually strong connections between the actual countries closest to West Papua," Delahunty said.

Freeport halts operations amid fight between workers

Jakarta Post - February 25, 2012

Rangga D. Fadillah, Jakarta – PT Freeport Indonesia (PTFI) is temporarily halting operations at the Grasberg gold and copper mine in Timika, Papua, following a campaign of violence and intimidation by employees against workers who did not join last year's strike.

"We are experiencing work interruptions in connection with our efforts to resume normal operations at PTFI," company spokesperson Ramdani Sirait said in a press statement on Friday.

"Certainly, returning workers have engaged in acts of violence and intimidation against non-striking workers and supervisory personnel. We are working with union officials and government authorities to resolve the ongoing issues between returning workers."

The statement does not provide any description of the violence, but three workers have been arrested and are being held at the Tembagapura Police office.

Virgo Solossa, the head of the Mimika chapter of the All-Indonesian Workers Union (SPSI), told The Jakarta Post that employees stopped working because PTFI management failed to fulfill several terms of an agreement signed on Dec. 22.

"The agreement says that PTFI has to pay salaries of workers who joined last year's strike for the period of Dec. 21 to Jan. 21. However, on Jan. 29 when the payment date came, the workers did not receive the payments as expected," he said in a telephone interview.

He said that workers were angry with the payments, which then saw some committing violent acts against colleagues and supervisors.

"The PTFI management fails to create a conducive environment for reconciliation. It also fails to comply with agreements we have made. We decided to stop working until the company fulfills our demands," Virgo said.

The union demanded that PTFI replace Grasberg supervisors and withdraw legal action against the workers involved in the violence. "We stopped working, as a manifestation of our distrust of PTFI's management," Virgo said. In reference to the salaries paid, Ramdani said that PTFI "had implemented and was implementing clauses agreed in the joint working agreement (PKB)".

Freeport's workers went on strike from July 4 to 11 last year, demanding a pay rise in the PKB for 2011-2013. On Sept. 15, due to failure to reach agreement with PTFI management, workers decided to stop working until Dec. 14, when another agreement was made. As a result of the strikes, PTFI declared force majeure in October, freeing it from its obligations. The company claimed the strikes impacted production and shipments. A slower concentrate production had impacted the company's ability to fulfill sales commitments.

The PKB was signed on January 25, witnessed by Manpower and Transportation Ministry officials.

According to a report by US-based Freeport McMoRan Copper & Gold, PTFI's parent company, the estimated impact of the disruptions amounted to production losses of almost 75,000 tons of copper and nearly five tons of gold in the fourth quarter of 2011, and around 106,600 tons of copper and 7.9 tons of gold for the year.

Witness testimonies at Papuan treason trial

West Papua Media Alerts - February 23, 2012

The sixth hearing of the trial of Forkorus Yaboisembet and his four colleagues took place on 21 February at which seven witnesses for the prosecution were called to give evidence.

According to the executive-director of the LB3PH, Yan Christian Warinussy, six of the seven of the witnesses were members of the police force who had been involved in the attack against the Third Papuan Peace Conference (KRP-III) on the third day of the event, 19 October 2011.

Six of these witnesses were unable to answer questions from the chief prosecutor regarding the declaration that was allegedly read out at the end of the conference nor could they say whether the five defendants had been involved in a criminal conspiracy to set up the Federal Republic of West Papua.

One of the witnesses who had been summoned was Drs Alfons Rumbekwan, a member of the Majelis Rakyat Papua. Speaking for the defence team, Olga Helena Hamadi said that this person should not testify at the trial because the majelis of which he is a member is the cultural body of the indigenous Papuan people. Since the trial was related to the political aspirations of the Papuan people, his appearance might cause a conflict between the MRP and the Papuan people. It was agreed that Drs Rumbekwan would not be called to give testimony.

According to a lengthy report of the hearing in Bintang Papua, the police witnesses appeared not to know the defendants and were unaware of the declaration by Forkorus calling for the re-establishment of the Federal Republic of West Papua.

According to Bintang Papua, for example, the first witness, Lambertus Limbong Sattu, a member of the Jayapura City police force who reportedly told the hearing that he did not know the identity of one of the accused, Agustinus Sananay Kraar, when he pulled him into the police vehicle but only knew his name after they reached police headquarters. He told the court that he had not seen the document proclaiming the establishment of the Federal Republic of West Papua but confirmed that there was a banner on which were inscribed with the words: 'Let Us Affirm the Basic Rights of the Papuan Indigenous People, Today and in the Future'.

The second witness, Aamet Mahu told the court that he was in the vicinity of the venue of the KRP-III on 19 October 2011 and was there on orders to handle security of the conference.

The defence team of the five defendants said that all the testimony given on that day in court was in way related to the charges in the indictment.

One Papua tribe extinct, two more to follow soon

Antara News - February 23, 2012

Jayapura, Papua – Unable to compete in the acculturation process with other groups, the Sebo tribe in Kayu Pulau, Jayapura, Papua, has become extinct, and two other tribes – the Tampoto and Dasim – are on the verge of extinction.

The fate of some of Papua's indigenous tribes came to light at a public discussion themed Cultural Diversity in Supporting the Papua People's Welfare held by the communications and informatics ministry here Thursday.

A discussion participant, Rudi Mebri, spoke about the disappearance of certain tribes in Indonesia's most-eastern province because they lost in the acculturation competition with other groups.

Rudi, a native Papuan, said the Sebo tribe who used to live in the Kayu Pulau region in Jayapura Bay had died out decades ago.

Now, the Tampoto tribe in Kampung Skow Mabo in Jayapura district bordering Papua New Guinea was on the brink of extinction. Of the whole tribe, only one person was now still alive. It was a man in his twenties.

Also near extinction was the Dasem tribe that lived in the Waena area of Jayapura city. The Dasem tribal people had also died out except one family consisting of several people.

Rudi said he was afraid more tribes in Papua were threatened by extinction without any body knowing or caring about it. He therefore hoped the government would pay greater attention to Papua's tribal people.

According data collected by various bodies, Papua's population included at least 250 tribes which each spoke its own language.

Another speaker at the discussion, senior journalist Tarman Azzam, said the phenomenon of tribes becoming extinct was also happening in Africa and for the same reason as in Papua.

He said he believed the extinction of the Dasem and Tampoto tribes in Papua was something inevitable. Citing en example of an indegous tribe that had survived the acculturation competition, Tarman referred to the Dayak in Kalimantan. The Dayak were able to interact with and adapt to people from outside without losing their own cultural identity. For instance, they also adopted the clothes worn by outside people.

In Papua, Tarman said, tribal people were rather slow in adapting to external ways of life. Acub Zainal who was Papua governor many years ago failed to persuade the population of Papua's central highlands to discard their koteka attire for modern clothing because the tribal people resisted acculturation. (HAJM)

Aceh

Split among former GAM members as painful as war

Jakarta Globe - February 28, 2012

Nani Afrida, Banda Aceh – Just like any mother, 60-year-old Maryani (not her real name) hoped that the ties binding her three beloved sons would always be strong after their suffering during decades of war in Aceh.

"I want them to stay close as brothers, helping each other. But I think it will be difficult now because they have different points of view on the upcoming gubernatorial election," Maryani, a resident of Pidie, said recently.

Her sons were fighters of the Free Aceh Movement (GAM) in Pidie. They shared the same dream of freeing Aceh from Indonesia.

Her sons' adherence to an illegal ideology caused a lot of trouble for Maryani. She had to visit the military post near her village to report their whereabouts. With three sons, she had to report to the post three times a week.

Maryani's house was prioritized in raids when troops received information about GAM activity in the village. They would stay around her house for hours. She was terrified despite protective efforts by her sons and other village residents.

In fact, she rarely saw her boys because they moved from place to place with the GAM camps. They just sent her information through a villager when they needed logistical support. Maryani would cook wajik (sweet glutinous rice mixed with coconut milk and sugar), a high-energy, long-lasting food for when her sons had little else to eat.

Like millions of Acehnese, Maryani was therefore naturally delighted when the Indonesian government and GAM signed the peace accord in 2005. She could see her sons again and her family would be reunited. However, today her sons are divided into opposing political camps.

Maryani fears political divisions in the family could become worse, with friends of each son divided into the competing camps.

In the gubernatorial election slated for April 9, former GAM members have split into two parties. Those who support the Aceh Party have nominated former GAM foreign minister Zaini Abdullah and former GAM commander Muzakir Manaf as their candidates for governor and vice governor.

A second group comprises former GAM members who support former Aceh governor Irwandi Yusuf, a former GAM senior intelligence executive, for a second term.

Both groups play down the seriousness of the internal conflict. The democratic process in Aceh, as well as across Indonesia, is a painful lesson for everyone, especially when on the losing side in an election. Acehnese including former GAM members will eventually have to support one candidate over the other. The lesson is especially hard in families like Maryani's.

"My older son supports Irwandi Yusuf as the governor, while my second son supports Zaini Abdullah," she said. "Now, my youngest son is confused about which one he should support as he does not want to fall out with either brother."

Maryani acknowledged that she never thought that the peace in Aceh would cause rifts in the family. "This is difficult, and I feel more afraid now than when the military raided my home in the past," she added.

Iskandar, another former GAM member, also felt that the split was painful. "We went through long, difficult and frightening times together. We gained our victory. But now we must divide over political interests," Iskandar said, acknowledging the disappointment of most Acehnese citizens with the former freedom fighters.

Friends no more in election

Jakarta Post - February 28, 2012

Nani Afrida – Political competition typically turn friends into rivals; an example evident to many Acehnese in the changing relationship between former governor Irwandi Yusuf and the former commander of the freedom fighters, Muzakir Manaf.

They are competing closely in the election scheduled for April 9, with Muzakir as the running mate of Zaini Abdullah.

Known to many as close friends in the past, "now they like to mock each other every time they please", a source said, requesting anonymity, as he was close to the rival candidates.

Muzakir once said the "veterinarian" Irwandi should step out of the race. The former GAM executive studied veterinary medicine at Oregon State University, US.

Irwandi said in response that Muzakir must be joking, saying that Muzakir was his "biggest fan". He added that Muzakir asked Irwandi to join the election if the Aceh Party refused to nominate him.

In a local newspaper, Muzakir had claimed that he had asked Irwandi not to nominate himself as the governor.

Irwandi and Muzakir had known each other since the armed conflict in Aceh in 2000. Their friendship became stronger after Indonesia and GAM signed the MoU for peace in Helsinki in 2005. Irwandi stayed at Muzakir's home in Banda Aceh after returning from Finland.

"I used to seek food at Mualim's house when I was hungry," Irwandi recalled. Mualim is a nickname for Muzakir, meaning "the chief". Irwandi always told reporters: "Mualim is my best friend."

The two were often seen sitting together on many occasions in Aceh, with photographs of them whispering to each other. "It is sad that a lovely friendship like Irwandi and Mualim's has ended due to political interest," said the source, also a former GAM member.

The first test of the relationship came in 2006 during Aceh's first election after the war. GAM executives such as Malik Mahmud and Zaini Abdullah nominated Hasbi Abdullah and Humam Hamid as candidates for the Aceh governor and deputy governor. Hasbi, a popular leader, became spokesman for the local legislative council.

On the contrary, some GAM members from the grassroots nominated Irwandi and Muhammad Nazar as governor and deputy governor. The pair won the election with over 60 percent of the vote. Muzakir, the former GAM commander, had to take painful decisions on which side to support.

"Muzakir should obey GAM leaders like Zaini and Malik. But he was also a close friend of Irwandi and other GAM members who fought together in the conflict. He was under serious pressure," the above source said. Irwandi said Muzakir finally gave his support to him a day before voting began.

Five years after the first election, the friendship is under serious threat again, as Muzakir has been appointed a candidate for vice governor with Zaini Abdullah. Some in Aceh believe that Muzakir is now angry with Irwandi because the former governor did not obey the GAM leader's instruction not to run for governor.

Irwandi's nomination is expected to split potential voters for the Aceh Party. "They wanted me to drop my plan to be a candidate, but the Constitutional Court decided to allow independent candidates [for the gubernatorial election in Aceh], and I will join the race," Irwandi said.

Irwandi said his best friend was trapped as a candidate to raise more votes for Zaini Abdullah. "Mualim is famous and GAM members respect him. Mualim has much potential to be a vote gatherer. Zaini stayed too long in Sweden and is less famous," he said. There was no confirmation from Muzakir on Irwandi's statement.

Many GAM members believe the rift between these leaders is "temporary", as a GAM member from East Aceh said.

Irwandi seems to think so, too. "I know what Mualim is thinking right now. He is in a difficult position. He is my friend and will always be my friend," he said, smiling.

Politics lead former GAM guerrillas to part ways

Jakarta Post - February 28, 2012

[Aceh's second direct gubernatorial election is scheduled for April 9, after five delays following unsolved deaths, violence and former governor Irwandi Yusuf's legal battle to run for governor again. This is the second of three reports by The Jakarta Post's Nani Afrida on the election and the Free Aceh Movement, which waged a decades-long violent separatist movement against the central government.]

Banda Aceh was covered in the red banners of the Aceh Party after thousands of residents flocked to the provincial capital's largest stadium for a rally earlier this month.

Party supporters came from every regency in Aceh – traveling by truck, pickup, private car, motorcycle and even pedicab – to back the bid of Zaini Abdullah and Muzakir Manaf to be Aceh's next governor and deputy governor.

Zaini and Muzakir have been touted as one of the strongest campaigns in the run up to election day. Zaini was a negotiator for the Free Aceh Movement (GAM) at the 2005 peace talks in Helsinki, Finland, while Muzakir was a GAM guerrilla commander.

The pair was nominated by the Aceh Party (Partai Aceh), which won over 40 percent of the seats on the Aceh Legislative Council in the province's first elections after the peace agreement.

Their rivals are the campaigns of Irwandi Yusuf and Muhyan Yunan, Teungku Ahmad Tajudin and Teuku Suriansyah, Darni M Daud and Ahmad Fauzi and Muhammad Nazar and Nova Iriansyah. Nazar served as deputy governor to Irwandi Yusuf, Aceh's first directly elected governor.

During the celebration at the Dimoertala Lampineung Stadium, Aceh Party supporters were heard yelling "God is Great!" and "Long live Aceh!" while raising GAM red flags.

"My brothers, there is no war anymore in Aceh!" Muzakir shouted to supporters. "What we should worry about in Aceh now is how to create peaceful conditions here and in Indonesia."

Clad in traditional yellow-and-black Acehnese clothing, Muzakir exuded confidence before the crowd. The former guerrilla leader's post-war experience in business has transformed the previously quiet man.

Meanwhile, the Aceh Party regards former governor Irwandi as an erstwhile ally after he refused to comply with the wishes of former GAM leaders who opposed his latest bid to lead the province as an independent candidate. Irwandi's support among the party's faithful has plummeted, for, among other things, a perceived failure to implement the mandates of the 2005 agreement.

Under the 2006 Aceh Governance Law, independent candidates were allowed to run only in the first election after the separatist movement ended.

Irwandi challenged the law, eventually triumphing after the Constitutional Court overturned the ban on independent candidates. His rivals remain dismayed by the court's decision.

"We want the election to proceed according to regulations so that it would be fair," Zaini told The Jakarta Post, denying rumors that the Aceh Party would boycott the election.

Separately, Irwandi told the Post that he and the Aceh Party have been competing since 2006, after he and Nazar won the gubernatorial election, defeating former GAM member candidates Hasbi Abdullah and Humam Hamid.

Members of the separatist movement were given full rights as Indonesian citizens to vote and to run for office after GAM disbanded following Helsinki.

Irwandi was supported by local former GAM members, while Hasbi was supported by GAM's elite in exile in Sweden, including Zaini Abdullah and Malik Mahmud. "I thought we had reconciled after I won the race. I don't know why they hate me so," Irwandi said.

Irwandi and Zaini both claim support from Jakarta; as in, for instance, the Constitutional Court's ruling favoring Irwandi.

Both campaigns also claim wide support from former GAM members throughout Aceh. Irwandi said that he was supported by 14 former GAM leaders who had been fired by the Aceh Party.

"They were fired because they supported me," Irwandi said, adding that he was counting on voter support in Great Aceh, East Aceh, Aceh Jaya and Western Aceh regencies.

Meanwhile, Zaini said that the Aceh Party's strong support of his bid was evident in the party's dominance in East Aceh, where 60 percent of Aceh's population of 4 million reside.

Zaini also claimed to have the support of the Acehnese people, national political parties and former militia members in Central Aceh, mostly comprising Javanese migrants and their descendants. "The Aceh Party is not only for former combatants, but for all Acehnese," Zaini said.

The dispute between Irwandi and the Aceh Party has raised security concerns. Irwandi's campaign has been the target of several violent attacks. On Feb. 6, for example, gunmen fired into the house of Irwandi campaign official Asnawi A Rahman in Peureulak, East Aceh. A further 15 people were injured or killed in 17 violent incidents in Aceh last year.

Irwandi and the Aceh Party claim that the violence was not connected to the election, despite a contrary assessment from Coordinating Political, Legal and Security Affairs Minister Djoko Suyanto.

The police have intensified operations and raids to prevent the circulation and the use of firearms in the run up to election day. The Aceh Police have warned local residents to turn over all firearms to the police by Feb. 20 or face a maximum penalty of death or life imprisonment under the 1951 Emergency Law.

However, only 10 of an estimated 2,000 pistols and rifles remaining in private hands after the insurgency ended have been turned in, the police said. Local residents have been hesitant to give up their weapons, fearing that they might become the victims of intimidation campaigns, deliberate attacks or simply caught in the crossfire as election day approaches.

In the last election, local residents were only concerned about being caught between the Indonesian Military and the GAM. Today, some residents said they were more afraid of the two competing groups of former freedom fighters.

In response, the local election commission is reportedly planning to provide voting stations with taller boxes to collect ballots – to prevent people from being seen as they vote.

The central government has also been keeping a close watch on Aceh's local elections and was backing the campaign of Muhammad Nazar, the former student activist and deputy governor, according to a campaign source who declined to be named. "Jakarta must be still traumatized by the GAM, so they prefer Nazar instead of Irwandi or Zaini," the source said.

The TNI also has an interest in the election. Maj. Gen. (ret.) Sunarko has been campaigning for the Aceh Party, while both Nazar and Irwandi reportedly have their own supporters from the ranks of active and retired TNI officers, although both campaigns have denied such support.

Meanwhile, average Acehnese in the street are hoping for speedy elections so that they can continue their lives in peace. "The delays, the violent incidents and the spread of rumors makes it hard for us to go about earning a living," a resident of Bireun said.

Unfinished reconciliation haunts Acehnese

Jakarta Post - February 27, 2012

[Renewed violence in Aceh killed at least 15 people in at least three regencies since last October, with police saying they cannot identify most of the perpetrators. The following is a report by The Jakarta Post's Nani Afrida on post-conflict reconciliation, to be followed later this week by reports on the economy and the direct local elections.]

Many in Aceh have forgotten the sound of gunfire. They had enjoyed relative peace for seven years since the Free Aceh Movement (GAM) and the Indonesian government signed the historic peace deal on Aug. 15 2005, ending some 30 years of war.

But sporadic shootings since October have led police to call on the public to report or turn in any weapons in the hands of civilians by February this year. This confirmed what some suspected already – that beyond the few thousand rifles handed in to authorities, many more remain hidden, buried near homes or in private plots.

"When we heard people killed in incidents involving armed civilians, it was like our nightmares returned" said Ilyas Umar, a noodle vendor in Sigli, Pidie. "We pray and pray that the conflict does not return, so our children can live in peace," he added.

It may have been this wishful thinking that has led to apparent normalcy in Aceh. But in stark contrast to the carefree nights of Banda Aceh, in areas like North Aceh and Pidie, residents try to rush home before dark.

Activists and experts believe that the current tension stems from unfinished reconciliation among Acehnese, the central government, and the GAM – among many other frictions in the province.

Lecturer Teuku Kemal Fasya said that issues of "reconciliation" have been practically forgotten with all the efforts to restore as much normalcy as possible after the devastating tsunami and armed conflict.

Ideally, reconciliation should involve the painful process of truth seeking and apologies – as outlined in the Memorandum of Understanding (MoU) signed in Helsinki. "Now, people are afraid reconciliation will hurt the peace process, so they pretend to forget it," Kemal told The Jakarta Post recently.

Formally, reconciliation allows the traditional process of pesijeuk – the peace-making ceremony in which accused parties of numerous kinds of conflicts reveal their deeds.

"Maybe relatives would forgive the killing [of their family member], but the child [of the victim] might not accept such a lenient resolution to the crime," a resident said, highlighting the situation facing thousands of children orphaned by the conflict.

From the time the GAM was established in 1976, until the Helsinki agreement was signed in 2005, some estimate the war claimed the lives of some 17,000 civilians.

Evidence is another problem for reconciliation – the soldiers witnessed to have killed civilians can no longer be found and places like the notorious Rumah Geudong in Pidie, where the army tortured suspected GAM affiliates, was burned to the ground.

For perpetrators affiliated with GAM, residents are fearful of raising cases of kidnapping and murder, as these former GAM figures are now in power.

Aceh Governor Irwandi Yusuf even says reconciliation is "no longer important" – as the Aceh Party, comprising many former combatants, has accepted retired military officers into their campaign teams for the upcoming local election. Many of the retired officers are Javanese, former nemesis of the Acehnese.

This example shows reconciliation has occurred "naturally", said Irwandi, previously in charge of GAM's intelligence unit.

However, activist Thamrin Ananda says that beyond GAM and the government, other parties of previous conflicts should be involved in reconciliation attempts. These include the grandchildren of the conflicting nobles and ulema of the 1946 Cumbok War, whose parents still endure the trauma of their elders being killed or kidnapped. To avoid trouble, many of the nobles' descendants refrain from using honorary titles.

History reveals that Aceh has experienced 138 years of conflict and only 15 years of peace.

Dutch colonialism, starting in 1873, was followed by the Japanese invasion near the end of World War II. After the Cumbok war, Aceh rebelled against Jakarta, with the leading ulema, Daud Beureu'eh, declaring the Islamic State of Indonesia (NII). The NII surrendered with promises that sharia would be allowed in Aceh. Following the alleged coup of the Indonesian Communist Party (PKI) in 1965, Aceh was among the areas where the PKI was crushed.

The fresh conflict occurred in 1976 when the GAM declared Aceh's independence. Jakarta responded with subsequent military operations, both overt and covert operations.

Today, seven years after the Helsinki agreement, people feel a new conflict approaching as former GAM fighters have split into two groups; those with the Aceh Party, which many former combatants previously supported, and those supporting Aceh Governor Irwandi Yusuf in his reelection bid.

Both camps are ambitious, and hope to grab power in the gubernatorial election scheduled for April 9, the fifth revised date since December. The delays were largely caused by the Aceh Party's objections to Irwandi running as an independent candidate – a dispute finally settled by the Constitutional Court in favor of Irwandi.

"Previously we knew only one GAM group, but today we have many. This is scary," said Ilyas Musa, a pedicab driver from Pidie. "My family and I will support anyone as long as we can look for our daily bread," said Ilyas.

Aulia Abdullah, a farmer from Sawang district in North Aceh Regency, also said, "Let them [GAM members] take money or power, and leave us in peace."

Aulia said if former combatants had a better life, they would no longer be carrying rifles, and problems for civilians could be avoided. Compared to former GAM members, he said civilians have not progressed much economically. "But that's OK as long as there is no war anymore," he said.

Despite former combatants' complaints, civilians see their new cars and new houses, reportedly results of big business projects – and new wives. Thamrin said that GAM's internal conflict is caused by old disputes and unresolved issues.

One former GAM faction is the GAM Consultative Council, or MP GAM, led by the group's home affairs minister, Husaini Hasan, who resides in Malaysia. A source close to the MP GAM has said the group is still seeking independence for Aceh, though their level of popular support remains unclear.

The conflict among former GAM members has largely been evident in the perceived unfairness in the distribution of compensation and jobs. It is an open secret that only a small number of former GAM members benefitted economically after the peace agreement, while the rest are without money and jobs.

Irwandi, who was Aceh's first directly elected governor, asserted that this "small" conflict among former combatants was "temporary". As outlined in the MoU, the establishment of the truth and reconciliation commission should have been one way of addressing past conflicts.

However, the prospects for the establishment of such a provincial commission remain unclear after a Constitutional Court ruling in December 2006, which annulled the 2004 Law on the National Commission of Truth and Reconciliation (KKR) on technical grounds.

Sociologist Otto Syamsuddin Ishak said reconciliation attempts will forever be constrained, pending official channels for reconciliation. He said as both GAM forces and the Indonesian Military were involved in human rights abuses, authorities "show no resolve" in finding ways to set up a reconciliation commission.

Instead of seeking the parties to blame for constraints against healing past wounds, kontraS Aceh, the provincial chapter of the independent Committee for Victims of Violence and Forced Dissappearance, has attempted to hold a number of mediations or "communal KKRs" among conflict victims.

Destika Gilang Lestari, the coordinator of kontraS Aceh, said that communal KKRs will be a channel for conflict victims to raise their cases. Thousands remain in the dark as to why their relatives are missing or were killed, or where their relatives are buried.

The communal KKR "will prepare conflict victims [for the time] when the government is ready for the formal KKR," Gilang said. She said lasting peace for Acehnese, particularly conflict victims, was only possible through attempts to seek the truth and justice.

Meanwhile, residents continue to be wary. Ilyas Umar, a noodle seller from Kembang Tanjong village, a former GAM stronghold, was surprised upon learning the rampant circulation of firearms. "We thought [GAM members] had decommissioned all their weapons," he said.

But recent killings confirmed suspicions that many weapons are still in private possession – rifles bought to avenge loved ones, even if one had to sell paddy fields and livestock to buy the weapons on the black market. "I thought this peace would last forever," said Lutfan Ali, 50, a resident from Lhokseumawe.

Highlights of Aceh, 1998-2012

1998: President Soeharto resigns. His successor, then vice president BJ Habibie, ends Aceh's 10-year status as a Military Operation Zone launched to crush the Free Aceh Movement (GAM).

2000: The Geneva-based Henri Dunant Center for Humanitarian Dialogue (HDC) encourages direct contact between GAM and Jakarta.

May 2000: The Geneva deal for a "Humanitarian Pause" beginning June 2 marginally lowers the extent of ongoing violence.

2001: President Abdurrahman Wahid declares a "comprehensive program" for Aceh, in which only the TNI "Security Recovery Operation" is implemented.

Aug. 2001: President Megawati Soekarnoputri signs special autonomy law for Aceh.

Jan. 2002: TNI raids GAM headquarters and kills GAM commander Abdullah Syafi'ie.

May 2002: Agreement reached in Switzerland for a future "all-inclusive dialogue process" and mechanisms to establish "cessation of hostility" Dec. 2002 HDC-brokered Cessation of Hostility agreement signed in Geneva, with the support of monitoring teams from the Philippines and Thailand.

April 2003: International monitoring missions withdrawn after militia attacks on some of them.

May 2003: Military Emergency in Aceh.

May 2004: Civil Emergency in Aceh.

Dec. 2004: Tsunami and earthquake hits Aceh, killing more than 220,000 people. Aceh eventually opens up to foreign aid workers.

Jan. 2005: Peace talks start in Helsinki.

May 2005: Civil Emergency status is lifted.

Aug. 2005: Signing of MoU between Indonesia and GAM.

Sep. 2006: Law no 11/2006 on Aceh Governance endorsed.

Dec. 2006: Aceh's first direct gubernatorial election is won by Irwandi Yusuf-Muhammad Nazar.

July 2007: Former GAM members establish Aceh Party

April 2009: Aceh holds first local election for provincial legislative council; Aceh Party wins.

Oct. 2009: GAM patron and pro-independence leader Hasan Tiro returns to Aceh after more than 30 years living in Sweden.

June 2010: Hasan Tiro dies at 85.

Jan. 2011: Constitutional Court allows independent candidates to join gubernatorial election in Aceh despite 2006 law stating this is allowed only for Aceh's first election.

Dec. 2011-Jan. 2012: At least six separate attacks by unidentified gunmen in North and East Aceh, Banda Aceh, Bireuen, killing seven. Exodus of migrant workers follow as victims are mostly identified as Javanese workers.

Jan. 10: House of regent candidate Misbahul Munir is shot in Keudeu Krueng Buloh Blang Ara, North Aceh.

Feb. 6: House member Irwandi Yusuf's campaign team member Asnawi A Rahman is attacked in Peureula, East Aceh.

Feb. 7: Campaign team member of regent candidate Ridwansyah, Zulkifli bin Yahya, is tortured in Peureulak district, East Aceh.

[Source: The Jakarta Post.]

Jakarta's homework and maintaining trust in Aceh

Jakarta Post - February 27, 2012

Nani Afrida – "Jakarta never keeps its promises," the Acehnese used to say. They would point to 1965, when founding father Sukarno promised them an autonomous province in return for their contribution to the fledgling republic; and 2001, when then president Megawati Soekarnoputri vowed that blood would no longer be spilled in Aceh.

Almost seven years after the 2005 peace deal, ending the war between the government and the Free Aceh Movement (GAM), Acehnese are still waiting for Jakarta's most prized promise: A 70 percent share of the revenues from their oil and gas reserves. The Acehnese have long blamed the central government's greed for their poverty, as most of the revenues from their rich resources went to state coffers.

Acehnese lawmaker Nasir Djamil said fulfilling all Jakarta's promises, as mandated in the Helsinki peace agreement, was urgent to maintaining the trust that the central government had finally gained from the Acehnese.

"Maintaining trust is part of the reconciliation between the central government and Aceh," said Nasir, the deputy chief of Commission III overseeing legal affairs and laws, human rights and security at the House of Representatives.

While the law on Aceh's governance was endorsed in 2006, "many regulations for the law's implementation have not been completed."

One of them was the joint management of revenue for Aceh's oil and gas. Nasir said the regulations must be completed soon to support Aceh's development, so that the Acehnese believed that the central government could be trusted.

The Aceh desk coordinator at the Coordinating Ministry of Political, Legal and Security Affairs, Maj. Gen. (ret.) Amiruddin Usman, denied suggestions that the central government was not serious regarding Aceh. "We are in the process of deliberating those regulations. This is not easy because some of the necessary regulations collide with others." This adds to the country's legal mess.

He said a new regulation on Aceh's Sabang coastal regency alone involved 83 meetings with Acehnese authorities, experts and lawmakers. He said pending regulations were only the ones on oil and gas revenue management, and a few others.

Then there was the issue of reconciliation. In late 2006 the Constitutional Court annulled the 2004 law on the nationwide Truth and Reconciliation Commission (KKR), intended to address unresolved human rights violations, including those in relation to the 1960s witch-hunts of suspected communists.

The Court's ruling virtually blocked prospects for a provincial-level Commission in Aceh, while sensitivities over 1960s history, besides other chapters in Indonesia's past, has hampered discussions of a new law on reconciliation. "Aceh still needs the involvement of the government on the KKR mechanism," said Djuanda Jamal, the secretary-general of New Aceh, a civil society group.

The 2005 deal and Law No. 11/2006 on Aceh's governance state that the central government and the Aceh administration must address past rights abuses and establish a truth and reconciliation commission within a national-level commission.

Most conflict victims and former combatants have yet to receive compensation, while military officials implicated in human rights abuses during the war, military operations in 1989 and 1998 and the military emergency in 1999-2000, have not been brought to trial.

Amiruddin Usman acknowledged the set-up of the truth and reconciliation commission remained Jakarta's homework. However, he said the central government had fulfilled several points in the Helsinki agreement related to reconciliation.

"Reintegration, for instance, is part of reconciliation. We have released all GAM prisoners. We gave them amnesty and compensation," Amiruddin said, adding that Jakarta had spent Rp 2.4 trillion (US$266 million) for these purposes.

The government also established the Aceh Reintegration Agency (BRA) to help affected civilians rebuild new houses and schools that were burnt down.

Reconciliation between the central government and GAM leaders is still ongoing, Amiruddin said. "We meet once every three months" in Jakarta, Amiruddin said, without elaborating.

Zaini Abdullah, a prominent former GAM official, confirmed the regular meetings with the central government. "Mr Ahtisaari said that what happened in Aceh [with the peace agreement] was the beginning of peace and we had to maintain that," Zaini said. He was referring to Nobel laureate Martti Ahtisaari, who led the Helsinki peace talks.

Imam Suja, an Acehnese figure, said reconciliation was key to avoiding future conflicts. "Aceh has only finished part one of its reconciliation between GAM and the Indonesian military. But reconciliation is still needed between GAM and the Acehnese, between the military and human rights victims and so on," Imam said.

With the incomplete peace process, some have apparently invested in insurance: the suspected thousands of rifles remaining in private possession, just in case peace doesn't quite work out.

Pending points in MoU

The Memorandum of Understanding (MoU) between the government and the Free Aceh Movement (GAM), signed on Aug. 15, 2005, has yet to be realized in full, owing to the slow deliberation of the necessary government regulations and legal contradictions following the endorsement of the Aceh governance law in September 2006. The following are selected pending issues of the MoU.

Economy

Article 1.3.4: "Aceh is entitled to retain 70 percent of the revenues from all current and future hydrocarbon deposits and other natural resources in the territory of Aceh as well as in the territorial sea surrounding Aceh".

Human rights

Article 2.2: "A Human Rights Court will be established for Aceh"

Article 2.3: "A Commission for Truth and Reconciliation will be established for Aceh by the Indonesian Commission of Truth and Reconciliation with the task of formulating and determining reconciliation measures".

Reintegration

Article 3.2.5: It states that all former combatants and all pardoned political prisoners "will receive an allocation of suitable farming land, employment, or, in the case of incapacity to work, adequate social security from the authorities of Aceh."

Note: At the peace talks GAM had stated there were 3,000 former combatants and later acknowledged there were thousands more, contributing to problems in distribution of funds and other resources.

Selected articles in Law No 11/2006 on the Government of Aceh which contradict or lack consistency with the MoU

Article 1.4.5 of the 2005 MoU: "All civilian crimes committed by military personnel in Aceh will be tried in civil courts in Aceh".
Article 203 of Law No. 11/2006: Military personnel who committed civilian crimes will not be tried in civil courts.
Article 1.3.3 of MoU: "Aceh will have jurisdiction over living natural resources in the territorial sea surrounding Aceh." Article 160 of Law No 11/2006: Aceh will manage oil and gas in Aceh together with the central government.
Article 1.1.2c of MoU: "Decisions with regard to Aceh by [Indonesia's legislature] will be taken in consultation with and with the consent of the legislature of Aceh."
Article 8 of Law No. 11/2006 Decisions with regard to Aceh by Indonesian legislators will be taken in consultation with and with the consideration of Aceh legislators.
Article 2.2 of MoU: "A human rights court will be established for Aceh " Article 227 of Law No. 11/2006: Cases before 2006 cannot be processed in Aceh's human rights court.

Unfinished regulations to implement Law No 11/2006

Govt regulation on joint management of Aceh's oil and gas reserves.
Govt regulation on protocol regarding tasks and authorities of governor as representative of the central government.
Presidential regulation on handover of provincial office of National Land Agency and regency/mayoralty land office to local administration.

Aceh's Fundamental clash: Punk meets shariah law

Jakarta Globe - February 26, 2012

Samantha Michaels & Emily Johnson, Banda Aceh – It's New Year's Eve, and a group of young friends have gathered at an outdoor basketball court in Banda Aceh for a late-night jam session. Here, where Sharia law reigns, unmarried men and women are not supposed to congregate, especially late at night, but a few young girls have decided to join in. The friends are dressed in band t-shirts, torn jeans, Converse sneakers, piercings and the occasional mohawk.

Ilham, 21, strums a ukulele. "Music is our life," he says as he talks about his favorite band, the Jakarta-based Sexy Pig. "This band says everything about how we feel: the anger, the freedom."

His friend Taufik listens quietly. His hair is buzzed short, like a soldier, and is just beginning to grow back. "We're not breaking Sharia by being punk," Taufik says, one week after being released from police detention. "It's just how we dress. We're not whores, we're not gay, and we're not corruptors."

But that's not how Banda Aceh's deputy mayor, Illiza Sa' aduddin Djamal, sees it. For months Illiza has been organizing police raids to clear out so-called punks in cafes and city parks – an effort that culminated in December when Taufik and 63 other punk music fans were arrested at a concert and detained for more than a week of moral "re-education." They were never charged with a crime.

"This [punk lifestyle] is a new social disease affecting Banda Aceh," Illiza told the Jakarta Globe following the arrests. "If it is allowed to continue, the government will have to spend more money to handle them."

Shariah don't like it

After the punks' release, Illiza and a team of government officials started meeting to map out a development program for them. "We're just trying to put them on the right track," she said, sitting on a couch in her office, wearing a bejeweled headscarf and pink lipstick.

The development program, she said, will include things like job training and music lessons. "I see all the punks as I see my own children and I want them to feel my love for them," she said, adding that she has met the punks personally. "I understand them."

Still, when asked if the local music instructors would teach the punks about punk music, their stated raison d'etre, Illiza sounded confused. "What?" she asked. "What's punk music?"

When Taufik and the others were arrested in December, they were held for 10 days of forced moral re-education at a police camp. During that time, their heads were shaved and they were dunked in a communal pool for cleansing.

Another punk, 24-year-old Yudi, said the detainees were physically abused by police officers, an allegation that police deny.

"They punched us, they kicked us and they stepped on our hands," Yudi said, adding that treatment improved on the third day after human rights activists intervened. "It hurt a lot because we didn't know what we did wrong."

What set this crackdown apart from previous ones was its size and the fact that most of the people detained came from outside Aceh including Java and other parts of Sumatra where secularism prevails.

Iliza insisted visitors have to abide by Aceh's rules and norms. "We don't know about other places, perhaps the freedom is greater, but this is Banda Aceh," she said.

"The law says every homeless child should be taken care of by the country," she said. "We can define the punks as homeless because they sleep everywhere and rarely take a bath. As a mother, I would feel very bad if I saw my own child living like that."

A few minutes later, her phone rang and she asked, "Would you like to talk to my brother?" Her brother is Aceh Police Chief Iskandar Hasan, the man who helped organize the punk arrests. He does not share his sister's parental feelings. "They're annoying, like pests," he said of the punks.

Many punks in Banda Aceh live on the streets and panhandle, and Yudi conceded that some are involved in drugs, but he says it's unfair to paint them all with the same brush.

The punks, he said, are like family, supporting each other when nobody else will. Some of them have maintained relationships with their blood relatives and others have lost those ties, but together they are like brothers and sisters.

"We know that [Shariah law] says women and men who aren't married cannot get together after 9 p.m., so we usually send all the punk women to their homes or to sleep in other friends' places," Taufik said. "We always tell them that they have to take care of themselves."

Rock the Casbah

Across town, a punk is asleep on an Islamic scholar's couch. The punk, Ramadhan Moeslem Arrasuly, is a slight figure in a shirt that says "I (Heart) Aceh." He wakes up and gives a sleepy wave as professor Reza Idria smiles and says good morning.

They make an interesting pair: the young scholar with his hair spiked up into the barest hint of a mohawk, and the punk who says his family has strong Islamic roots – very strong. "Can you believe a descendant of the prophet is a punk?" Reza asks, pointing to Ramadhan with a laugh.

Reza, a professor of Islamic law at the state university here played guitar in a rock band when he was younger. He may be the most uniquely qualified person to weigh in on the government's clash with the punks.

So are punks fundamentally anti-Islam? The simple answer, he says, is no, but to understand why the question is even being asked, one must look at Aceh's recent history.

Aceh is the only place in Indonesia under Shariah law, but the province's interpretation of that law has been a matter of some debate since it was first implemented in 2005 following a peace agreement between the Free Aceh Movement (GAM) and the government. The long-standing conflict in Aceh ended in part because of the devastating tsunami that killed more than 150,000 people in 2004 and prompted calls for a cease-fire.

The first elections in 2006 swept former GAM leader Irwandi Yusuf into the governor's office, and while he left much of the old cabinet in place, many district head positions went to former rebels. It was an uneasy mix. Shariah law – never part of GAM's program – has been a constant tug-of- war since then, with Islamist politicians passing harsh laws despite the opposition of the more secular Irwandi.

Here, Reza says, it is important to distinguish between Shariah as it is described in the Quran and Shariah the legal system.

"As a Muslim I have to understand what Shariah is: It is a path to god. But the way it is interpreted here in Aceh is not Shariah at all. This local law, they call it Shariah, you cannot find it in classical texts."

In other words, Shariah has been politicized. And it is, above all, politically expedient to appear devoutly Muslim. And with the punks widely viewed as a public nuisance, Reza says cracking down on them may have simply been an effort to score points on a winning issue.

A member of the Jakarta-based punk band Citizen Useless, which recorded a song called "It's Hard to Be a Punk in Aceh" shortly after the arrests, says there is no reason Muslims can't be punk.

Bass player Lizwan says his father is a hajji and also a member of the Islamic Defenders Front (FPI) but still has no problem with his son's punk tendencies. In fact, he says, his father has four tattoos and loves Led Zeppelin. "He told me that [the situation in Aceh] is embarrassing," Lizwan said. "Islam is about you, your heart and God. After that, it's up to you."

We ban that boogie sound

When the punks were released, most of them left Banda Aceh and returned to their hometowns. Illiza said that 13 of them were from the city, and that after a period of rest, they would begin "development programs."

"We have prepared a psychologist, religious figures and Indonesian soldiers to teach them about nationalism. They'll help the punks find their interests and figure out how to build their futures on those interests," Illiza said.

She said the development program will be mandatory for all the punks in Banda Aceh who were detained, who she claimed were between the ages of 11 and 15, even though she has met 24-year-old Yudi and other older punks in the city. When pressed on the discrepancy, she said, "Twenty-four years old is not too old to be a student."

Now, nearly two months later, Yudi said the personal re-education programs have yet to begin, though the local punk scene is quieter. "Most of the punks have left Banda Aceh, so there aren't many of them here like it was before," he said.

He doesn't know if or when Illiza will actually follow through on her re- education plans, but he is sure of one thing: he will not willingly participate. "I want to stand on my own two feet, without their help," he said.

Draft bylaw passed in Aceh recognizes indy candidates

Jakarta Post - February 25, 2012

Hotli Simanjuntak, Banda Aceh – The Aceh legislative council finally passed a sharia bylaw on regional elections during a plenary session on Friday.

The passage of the qanun (sharia bylaw) on the elections should have been enacted last year to form a legal umbrella for the organizing of the Aceh election, which was supposed to have been carried out at the end of last year. However, approval had been impeded by quarreling over a independent candidates clause between the executive and the legislature.

The legislature's initial draft failed to accommodate independent candidates as they were no longer regarded as needed due to the presence of local political parties. The draft qanun was protested against by the executive, led by Aceh Governor Irwandi Yusuf, who is seeking re-election. Irwandi refused to endorse it.

The dispute went as far as the Constitutional Court, which ruled that independent candidates be allowed to take part in the election under a new qanun.

"The ratification of the qanun does not mean that the ongoing election process will be adjusted because the new qanun is not retroactive," said Aceh Party member Abdulah Saleh, who is a member of Commission A at the Aceh legislature.

The newly approved election qanun has accommodated the independent candidates who triggered the disagreement between Aceh's executive and legislature. "The transitional law stipulates that independent candidates have been accommodated," Abdulah said.

In the latest meeting of factions at the Aceh legislature, the Aceh Party, which had originally opposed the inclusion of independent candidates, eventually accepted the clause.

"The Aceh Party accepts the presence of independent candidates in the Aceh elections because it is part of the Constitutional Court's decision, which we must implement," Aceh Party member Erly Hasyim said.

Independent candidates were accommodated in the election following the peace treaty, when Aceh Freedom Movement (GAM) combatants lacked the ability to form a party. With the approval of the new qanun, it is expected that there would no longer be disputes between institutions that impacts on election processes.

"As an institution, the Aceh Election Independent Commission (KIP) is very happy and pleased with the qanun enactment, meaning we can work in peace without any more problems in later days," said Aceh KIP deputy head Ilham Syahputra.

Media & press freedom

For Indonesia's journalists, covering graft carries risks

Jakarta Globe - February 23, 2012

Ulma Haryanto & Anita Rachman – The latest annual survey by a global media watchdog found that no journalists were killed in Indonesia last year, but identified a worryingly high number of attacks against those reporting on regional corruption.

The report, "Attacks on the Press," published earlier this week by the New York-based Committee to Protect Journalists, said there were no work- related deaths among Indonesian reporters in 2011, a marked improvement from 2010 when three reporters were killed. However, the group noted that the Indonesian media remained under threat, "particularly in remote areas."

It cited several attacks on journalists that remain unresolved, including the stabbing of Banjir Ambarita, a contributor to the Jakarta Globe, in March last year shortly after he had written an article linking the police in Papua to a prisoner sex abuse scandal. There have been no arrests in the case.

"CPJ research shows that corruption was an extremely dangerous beat for reporters," the report said. It noted that since 1992, 75 percent of attacks were against Indonesian reporters covering corruption stories. By contrast, the next riskiest beat, politics, accounted for just 38 percent.

The CPJ also noted that of the eight reporters killed in Indonesia in the past 20 years, all had died outside Jakarta.

The Alliance of Independent Journalists (AJI), which puts the number of reporters killed during the same period at 11, agreed that regional reporters covering the corruption beat faced greater risks in the reform era.

"We want journalists to be more careful, especially those who cover remote areas," AJI chairman Eko Maryadi said. "Those [journalists] who want to uncover corruption, the embezzlement of taxes and public funds, have made regional officials uncomfortable."

He added that the safety of journalists had become a new focus for the AJI. "We want to organize training for reporters, especially for those who are out of the central government's reach, and provide them with legal assistance," Eko said.

The prospects for press safety this year look grim, with one of the country's leading antigraft watchdogs warning that the number of corruption cases will increase in the run-up to the 2014 general elections.

"Political parties will work hard to get money to fund their campaigns, and they will use every means available," Danang Widoyoko, national coordinator of Indonesia Corruption Watch, said recently when presenting the group's 2012 graft outlook.

Already this year a reporter has died while covering a corruption case. Darma Sahlan, 43, a reporter for the weekly Monitor magazine, was found dead in a ditch in the village of Lawe Dua in Southeast Aceh district earlier this month.

Authorities have not yet determined the cause of death, but the Aceh Journalists Association (PWA) says it believes Darma was murdered for his report on allegations of embezzlement involving the district branch of the Indonesian Red Cross (PMI).

Bambang Harymurti, the deputy chairman of the Press Council, agreed that the threat to reporters covering graft in the regions was greater than the threat faced by those on a similar beat in Java. "Those who report from outside Java have to be braver when covering corruption," he said.

The Press Council, he added, had recently signed a memorandum of understanding with the National Police that covers the police's commitment to guaranteeing the safety of journalists.

According to the Legal Aid Foundation for the Press (LBH Pers), police officers and military members were responsible for 22 of 96 acts of violence against reporters last year.

Political parties & elections

Voter distrust of parties is a drag on turnout: Analyst

Antara News - February 25, 2012

More people will stay away from the ballot box in the 2014 elections as public dissatisfaction with political parties grows, an analyst said on Friday.

Burhanuddin Muhtadi, a researcher with the Indonesia Survey Institute (LSI), said the number of people not voting had increased rapidly since the nation's first free elections in 1999.

That year, only 6.3 percent of registered voters did not cast a ballot, but the figure increased to 16 percent in 2004 and 29.1 percent in 2009.

Burhanuddin said while it took the United States 200 years to see voter turnout drop to 60 percent, Indonesia had managed to see turnout dip to 70 percent in just 12 years.

NGOs warn of 'problem' poll body candidates

Jakarta Globe - February 23, 2012

Agus Triyono – A group of nongovernmental organizations has raised the red flag on 17 candidates who are in the running for positions at key electoral bodies that will oversee the 2014 elections.

The coalition of NGOs, including the Indonesian Forum for Budget Transparency (Fitra) and Indonesia Corruption Watch, said 12 of the 106 candidates who passed the administrative test for a position at the General Elections Commission (KPU) had one or more shortcomings.

Five of the 61 candidates for the Elections Supervisory Board (Bawaslu), it added, should also be ineligible. It cited the candidates' poor knowledge, lack of experience, integrity and professionalism, having ties to a political party and involvement in graft cases.

Yusfitriadi, a spokesman for the coalition, said on Wednesday that the NGOs had looked over the candidates' records and interviewed those close to them. The group, however, did not name the candidates it believed should not be considered for the positions, saying it would be unethical.

"If we identified the candidates, it would be seen as intervening and disrupting the independence of the committee that will ultimately select the candidates," said Totok Sugiarto, from the NGO Soegeng Sarjadi Syndicate.

But Arif Nur Alam, from the Indonesia Budget Center, said the identities of the "problematic" candidates would be passed on to the selection committee, and it would be up to the committee to make the names known.

"If the committee does not accede to our request, we will arrange a press conference to announce the names as part of our coalition strategy and commitment," he said.

The candidates are seeking seats at the KPU and Bawaslu for the period from 2012-17. The ad hoc selection committee will submit its recommendations to President Susilo Bambang Yudhoyono, who will forward the names to the House of Representatives for final approval.

General elections are scheduled for 2014. The KPU is responsible for the technical aspects of the elections, while the Constitutional Court, the Supreme Court and the police will handle accusations of election fraud.

While elections in 2004 and 2009 were considered successes by many observers, complaints of fraud in several regions prompted concerns over their fairness. Several KPU members have been jailed for accepting bribes from candidates.

Other NGOs in the coalition include the Association for Elections and Democracy (Perludem), the Concerned Citizens for the Indonesian Legislature (Formappi) and the Center for Democracy and Human Rights Studies (Demos).

Surveys & opinion polls

Prabowo receives presidential nod in 2nd public poll

Antara News - February 28, 2012

Retired general Prabowo Subianto has again emerged as Indonesians' preferred presidential candidate, this time in a survey by the Center for Policy Studies and Strategic Development released on Monday.

Husin Yazid, director of the center known as Puskaptis, said that after surveying 1,850 eligible voters in all 33 provinces from Jan. 22 to Feb. 2, it found that 16.4 percent of respondents said they would vote for Prabowo if the 2014 presidential election were held today.

Prabowo, who founded the Great Indonesia Movement Party (Gerindra), also topped a recent survey conducted by the Indonesia Survey Institute (LSI), receiving support from 39 percent of 2,050 voters polled.

According to the Puskaptis survey, 14.6 percent of respondents said they would vote for Coordinating Minister for the Economy Hatta Rajasa, followed by Golkar Party chairman Aburizal Bakrie with 13.5 percent. Former President Megawati Sukarnoputri won the favor of 13 percent and Akbar Tandjung, a former speaker of the House of Representatives, garnered 12.7 percent.

The Puskaptis poll also found that Golkar was the most popular party, with 16.6 percent of respondents saying they would vote for the party. "Golkar was chosen by our respondents because people perceive the party as having shown good performance in fighting for people's aspirations compared to other parties," Husin said.

The ruling Democratic Party, he said, was less popular than Golkar, with the support of just 14.3 percent, while Megawati's Indonesian Democratic Party of Struggle (PDI-P) came in a close third with 13.9 percent. "These two parties [Democratic and PDI-P] are neck and neck," Husin said.

All other parties polled less than 5 percent. Hatta's National Mandate Party (PAN) and Prabowo's Gerindra tied for fourth place with 4.8 percent, while conservative Islamic parties the Prosperous Justice Party (PKS) and the United Development Party (PPP) received 4.6 percent and 4.1 percent, respectively.

The National Awakening Party (PKB) garnered 3.9 percent of the vote, and the People's Conscience Party (Hanura) managed just 1 percent.

But even the most popular party, Golkar, could not claim a landslide victory. About 30 percent of voters surveyed indicated they were still undecided on party preference, Husin said. That uncertainty leaves plenty of room for political jockeying among the parties, with more than two years until presidential and legislative elections.

Yudi Latief, a political observer from the Reform Institute, said the Democratic Party should not have been in the top three, pointing to its declining popularity as high-profile corruption cases weigh on some of its members.

"The Democratic Party scores high in the survey despite the fact that the public loathes it. We have to re-examine the survey's outcome. What is wrong with society?" Yudi said.

Other surveys have also found that the beleaguered ruling party is losing popularity, ceding ground to both Golkar and the PDI-P.

Most parties have not named candidates for the presidential election, with the exception of Golkar and the PAN, which have indicated they will nominate their respective chairmen, Aburizal and Hatta.

Indonesians want more power for Regional Representatives Council: Survey

Jakarta Globe - February 27, 2012

Agus Triyono – Indonesians want more power granted to the Regional Representatives Council to counterbalance the authority of the House of Representatives, a study by the Indonesian Survey Institute suggests.

The institute known as the LSI surveyed 1,220 respondents across the country from Dec. 7 to 18 and found that 61 percent said the council, or DPD, should be given the power to deliberate and draft new laws together with the House of Representatives (DPR).

Hendro Prasetyo, LSI's research director, said 71 percent of respondents "want the DPD together with the DPR to scrutinize the RAPBN [state budget proposal]," and 64 percent "want the DPD to be involved in electing public officials." The survey comes after the Corruption Eradication Commission (KPK) arrested two former members of the House Budget Committee, the Democratic Party's Muhammad Nazaruddin and National Mandate Party (PAN) politician Wa Ode Nurhayati.

A third former Budget Committee member, Democrat Angelina Sondakh, was named a graft suspect but has not been arrested.

The arrests seemed to affirm longstanding accusations that budgets had been manipulated and projects directed to the highest bidder.

The House's power to elect top public officials has also come under scrutiny after 28 former and sitting lawmakers were arrested and jailed for taking bribes linked to the appointment of Bank Indonesia senior deputy governor Miranda Goeltom in 2004.

The DPD has for years sought to amend the Constitution to give itself more powers and put it on an equal footing with the House. Its powers now are limited to advising the House on regional issues.

Proposed constitutional changes outlined in a draft bill recently completed by the council include curtailing the legislative role of the executive branch, providing the DPD with the power to impeach the head of state and allowing independent candidates not supported by political parties to run in presidential elections.

Last July, President Susilo Bambang Yudhoyono said he "accepted the proposal of the DPD regarding the need for a constitutional amendment.

"It is always possible to amend the Constitution.... It can be amended for the changing times, the needs of the state and for the urgency of development."

The president also said the decision on an amendment rested with the People's Consultative Assembly (MPR), which brings together members of the House and the DPD and is the nation's highest lawmaking body. He also said public opinion would be considered.

But a month later, the president appeared to backtrack, saying "the Constitution should not be amended because of the interests of political elites."

LSI's Hendro said 65 percent of those surveyed agreed with the notion of changing the Constitution to provide greater power to the DPD.

No trusted presidential hopefuls on horizon: LSI

Jakarta Post - February 24, 2012

Margareth S. Aritonang, Jakarta – Following its recent survey on presidential aspirants, the Indonesian Survey Institute (LSI) has urged independent candidates with integrity to stand up and be counted lest the future of the country be put at risk.

"We conducted the survey to learn the public's choice of future president at the moment. There will be no future for Indonesia if other presidential candidates don't appear in the run up to the 2014 legislative and presidential elections," LSI executive director Saiful Mujani said in a discussion at the Regional Representatives Council's (DPD) building on Friday.

LSI announced on Thursday that Indonesian Democratic Party of Struggle (PDI-P) chief patron Megawati Sukarnoputri appeared to have garnered the most popularity, outshining other candidates including Great Indonesia Movement (Gerindra) Party chief patron Prabowo Subianto and Golkar Party chairman Aburizal Bakrie.

Sharing a similar view as the LSI, Andrie S. Wijaya, coordinator of the Mining Advocacy Network (JATAM), said that Indonesia needed a leader will no affiliations whatsoever to businesses deemed by environmentalists to have had a hand in environment damage.

"We've recorded some hopefuls involved in either environmentally destructive projects or fishy businesses that lead to environmental damage, for example in mining," Andrie said.

Andrie cited the Lapindo mudflow as an example of "political" environmental destruction that might involve presidential aspirants.

Most voters undecided on presidential aspirants

Jakarta Post - February 24, 2012

Rabby Pramudatama, Jakarta – A survey reveals that majority of voters are still undecided about their presidential candidates, two years ahead of the presidential election scheduled for 2014.

The Indonesian Survey Institute (LSI) said Thursday undecided voters accounted for 61.6 percent of survey respondents.

Despite the high number of undecided voters, Great Indonesia Movement (Gerindra) Party chief patron Prabowo Subianto appeared as the most popular presidential candidate, the survey shows.

The LSI revealed that Prabowo might compete with Megawati Soekarnoputri, the chairwoman of Indonesian Democratic Party of Struggle (PDI-P) and Aburizal "Ical" Bakrie, the chairman of Golkar Party in the first round of the presidential election.

"Prabowo might out-play Megawati if he proceeds to the election's second round," LSI researcher Saiful Mujani said during a press conference.

According to the survey, Prabowo would seize 39.1 percent of the vote if he competes against Megawati (29 percent) and Ical (24.2 percent), while 36.7 percent respondents remain indecisive.

Saiful said that Megawati seems succeed to garner most of the vote when the respondents were given options of candidates, however, with only three names: Prabowo, Megawati and Ical, most of the vote would go to Prabowo.

He said that as the field narrows, votes for other candidates tend to shift to Prabowo rather than to Megawati. He added that Aburizal, meanwhile, failed to rival Prabowo's electability even though he has put a lot of effort into promoting himself.

The survey institute said that Prabowo's superiority was also affected by the public's ideal of presidential candidates who possess leadership, integrity and empathy with people.

The LSI queried 2,050 respondents from across the country's 33 provinces from Feb. 1 to Feb. 12. It used a multistage random-sampling method in direct interviews. The approximate margin of error was 2.2 percent.

Prabowo expressed his readiness to run for the president in early of January this year. He said that he aims to garner support from all available parties.

Other candidate names also surge in the survey when the respondents were given semi-open questions with lists of candidate names.

The candidates are: former vice president Jusuf Kalla, who was supported by 7 percent of respondents, followed by Yogyakarta Governor Sultan Hamengkubuwono X (4.9 percent) and People's Conscience Party (Hanura) chairman Wiranto (3.9 percent).

Vice President Boediono was supported by 3 percent of survey respondents, followed by NasDem party founder Surya Paloh (2.6 percent) and National Mandate Party chairman Hatta Rajasa (2.2 percent), with 11.5 percent of support was divided among other names, while the remaining 18.2 percent of respondents were undecided.

Last month, a similar survey conducted by the Centre of Strategic and International Studies (CSIS) from Jan. 16 to Jan. 26 also tried to gauge the popularity of the potential candidates.

President Prabowo? LSI survey says yes

Jakarta Globe - February 24, 2012

Ronna Nirmala – A retired general who has been dogged by accusations of rights abuses came out on top in the latest survey ahead of the 2014 presidential election, as observers and activists dismissed the results and criticized the pollsters.

The survey, conducted by the Indonesian Survey Institute (LSI) from Feb. 1-12, found that Prabowo Subianto, Megawati Sukarnoputri and Aburizal Bakrie were the most popular candidates if the election were held today.

Prabowo, who heads the board of patrons of the Great Indonesia Movement Party (Gerindra), was the choice of 39 percent of the 2,050 voters surveyed. Former President Megawati, chairwoman of the Indonesian Democratic Party of Struggle (PDI-P), was at 28 percent and Golkar Party chairman Aburizal had 17 percent.

"If the presidential election were held now, the election would go to two rounds and Prabowo would ultimately be elected president," said the LSI survey report, released on Thursday. Prabowo would most likely face Megawati in the second round, it added.

Prabowo is a former commander of the Kopassus special forces, which was implicated in a number of rights abuses, though he was never charged.

Usman Hamid, from the Commission on Missing Persons and Victims of Violence (Kontras), said the survey ignored the records of the potential candidates. "It is deplorable that the survey only refers to the popularity of those three names, and not to their programs, platforms or even track records," he said.

Usman also criticized the survey for only addressing "top of mind" candidates. "This clearly led to irrational evaluations," he said,

The LSI survey presented those questioned with a list of 18 candidates and asked them to name their top choice to highlight name recognition.

A total of 17.6 percent of respondents chose Megawati. Prabowo came second with 12.8 percent, former Vice President Jusuf Kalla was third with 9.7 percent and Aburizal had 7.2 percent. In fifth position was Yogyakarta's Sultan Hamengkubuwono X with 6.3 percent.

LSI executive director Saiful Mujani said that among those candidates who had already intensively promoted themselves as possible candidates in 2014, Prabowo topped the electability list, winning in firmness, intelligence, piousness and good looks. Aburizal came second and Hatta Rajasa, the coordinating minister for the economy, was third.

Military observer Salim Said said the leading potential candidates were actively promoting themselves, but had the surveyed public known about their track records and weaknesses, the results would have been different.

Labour & migrant workers

Government told not to rush in sending workers to Malaysia

Jakarta Post - February 28, 2012

Ainur Rohmah, Semarang – The Central Java provincial administration has been urged not to rush into re-sending workers abroad following the revocation of the moratorium on migrant workers being positioned in Malaysia.

The administration's position was based on several proven cases of abuse and other allegations of many migrant Indonesian workers confronted with violence in the neighboring country.

The Semarang Legal Resource Center for Gender Justice and Human Rights (LRC KJHAM) revealed that during the period between 1999 and 2011, the largest number of Indonesian workers facing the death penalty abroad was in Malaysia. There were 243 Indonesians on death row in Malaysia, followed by 29 in China and 28 in Saudi Arabia.

"It is apparent that in these countries Indonesian workers are still confronted by human rights violations against their freedom and their personal security," the center's information and documentation division head Irene Koernia Arifajar said in Semarang recently.

Similar experiences, she said, were also endured by other migrant workers from across all of Central Java, as shown by the significant increase in the number of cases – namely 46 cases involving 51 workers in 2010, rising to 107 cases involving 169 workers in 2011.

Of the 169 workers, she added, 21 had died, 13 were declared missing and eight were facing the death penalty, some in Saudi Arabia and China.

Central Java Provincial Manpower, Transmigration and Population Agency head Petrus Edison Ambarura confirmed that the provincial administration had been preparing to send migrant workers to Malaysia after the moratorium was revoked in December 2011.

"It does not mean that we do not consider [the impact of sending workers abroad]. What we do is try to deal with it as thoroughly as possible," Petrus said.

He added that before sending workers to Malaysia, the government had signed a memorandum of understanding (MoU) with Malaysia in November 2011. The MoU, he said, comprised 11 points, six of which were new agreements.

The new points, among other matters, require that the passports have to remain in the possession of the Indonesian workers; that they deserve the rights to have one day off a week and a minimum payment of RM 800, which must be directly transferred to the worker's bank account.

"These will hopefully prevent disputes between Indonesian workers and Malaysian employers," Petrus said, adding that the MoU would be effective starting in March 2012.

He also said that the Malaysian government had agreed to increase salaries for Indonesian workers employed in the informal sector, up previously from Rp 1.2 million a month to between Rp 1.8 million and Rp 2 million.

Petrus said his agency had also been pioneering the objective of sending formal workers abroad, including barbers, spa therapists, cargo handlers and shop attendants.

LRC KJHAM director Fatkhirozi reminded the provincial administration not to be easily pacified by the six new points agreed upon between Indonesia and Malaysia, arguing that there was no clear control mechanism or law enforcement. "The government has to make sure that the revised MoU will not just allow for repetition of past mistakes," he said.

Manpower law revision deemed crucial

Jakarta Post - February 27, 2012

Surabaya – The Manpower and Transmigration Ministry says that the Manpower Law must be revised to protect Indonesian workers overseas.

The ministry said that 20,000 Indonesians had entered Malaysia illegally to work in the informal sector between 2009 and 2011, when Indonesian banned sending workers. Indonesia lifted its moratorium in December.

"One effect of the moratorium policy is increasing demand from Malaysia for workers. They lure the [Indonesians] with high payment and make many of them enter Malaysia illegally," Muhaimin said at a seminar in Surabaya, East Java, on Saturday.

Ministry secretary-general Muchtar Luthfie, who also attended the seminar, said that revisions to the law would require that workers to attend some training sessions before they depart for other countries for employment.

The training would also require that workers to learn about the culture and customs of their host countries to minimize potential conflicts with employers.

Batam workers go on strike

Jakarta Post - February 24, 2012

Batam – Around 1,000 employees of PT Sanmina-SCI Batam went on strike on Thursday, demanding housing allowances, wage increases and an explanation over the employment of expatriates deemed to be not in line with regulations.

The strike was the third carried out by workers who said that their rights have been ignored by the company, which is a subsidiary of the US-based Sanmina-SCI.

The company's Indonesian Metal Workers Federation (FSPMI) working unit leader Darmo Juwono told The Jakarta Post that workers went on strike because the company failed to pay a wage-rises of Rp 222,000 (US$26) and housing allowances, which have been standard rights for the past nine years. The workers demanded a monthly housing allowance of between Rp 300,000 and Rp 700,000.

"We reached a deadlock after the negotiation on Wednesday, so we went on strike until our demands are met. The permit for the work stoppage is valid for three days. If our demands are not met, we will continue striking," said Darmo, who is an assistant engineer at PT Sanmina.

The company has been operating in the Batamindo Industrial Zone since 2003 and employs 1,000 workers, with 600 of them permanent employees and 400 others on contracts. The company assembles circuit boards and servers for electronic devices for the banking and health sectors.

A senior engineer at the company, Agus Elfrid Simorangkir, said that he was disappointed with the company's policy of employing foreign workers from Malaysia and Singapore.

"My position is the same as theirs, but they frequently ask me to work on something despite being paid more than me. We demand the employment of the expatriates be in line with procedures," Agus said.

Indonesian activists worry about unions' growth

Jakarta Globe - February 23, 2012

Ulma Haryanto – Despite the recent victories for labor rights, the ballooning number of labor organizations in the country and their susceptibility to being politicized are worrying activists.

Rekson Silaban, chairman of the Confederation of Indonesian Workers Welfare Unions (KSBSI), said on Wednesday that existing regulations made it relatively easy to form national-scale labor unions.

"During protests and demonstrations you can find all sorts of unions, and sometimes the lines between the real ones and those that aren't get blurry," Rekson said in a discussion on labor issues organized by the Jakarta Foreign Correspondents Club.

According to the Ministry of Manpower and Transmigration, there are now six national confederations for workers, 91 national-level unions and more than 45,000 regional and sectoral unions registered. Rekson said that to be registered as a confederation, an organization only needed to come up with an address for its headquarters and at least three offices in the regions.

"There will be no verification by the local offices or by the ministry, whether the organization really has 50,000 members like it said, and suddenly this organization has representation at the national level," he said.

Rekson said he wanted more stringent requirements akin to those that apply to political parties. "The [easy] regulations lead to fragmented unions, and having too many unions may destroy the [labor] movement," he said.

The KSBSI, the second-largest confederation in the country, dates back to the 1990s when prominent labor activist Muchtar Pakpahan formed the Indonesian Workers Welfare Union (SBSI) as a sign of protest toward the Indonesian Workers Union (SPSI).

Under late President Suharto's New Order regime, the SPSI was the only approved union. Muchtar himself was imprisoned for about a year in 1994, and again in 1996 for his labor activism. But by 2003 his union had grown into a 300,000-strong group with 350 regional branches, who from then on had called themselves the KSBSI.

However, Haiyani Rumondang, director of industrial relations and social security at the Manpower Ministry, said in the same discussion that following the spirit of democracy, it would not try to prevent workers from forming a union. "We want people to easily form a union. Besides, it was one of the items of the ILO conventions that we ratified," she added, referring to the International Labor Organization.

Rekson also complained that the sensitivity of the labor issue made it prone to politicization. "January's Bekasi unrest was fueled by Bekasi's district head promising to raise the regional minimum wage despite the fact that it has been set by Bekasi's own wage council," Rekson said.

He was referring to the labor protest in Bekasi that saw thousands of workers from about 300 companies block the Jakarta-Cikampek toll road for several hours, paralyzing economic activity in the area.

"It was nearing Bekasi's district election and I could not help but suspect that this was his way to gain favorable votes," Rekson said, adding that he also doubted the "eligibility" of the unions that staged protests on that day.

"Of course workers will always stage demonstrations and protests. Currently it is the only way to make the government listen," Rekson said. "But what happened in Bekasi could mar our movement in general."

Febi Yonesta from Jakarta Legal Aid Institute (LBH) also found himself on the opposing side of January's unrest. "There are many ways to stage a peaceful protest demanding for your rights without obstructing the rights of others," he said.

Environment & natural disasters

Green activists seeing REDD over program's effect on forest tribes

Jakarta Globe - February 29, 2012

Tunggadewa Mattangkilang, Balikpapan, East Kalimantan – Environmental activists have objected to plans to use Kayan Mentarang National Park as a pilot project for offsetting carbon emissions, citing the impact to the area's indigenous residents.

The Indonesian Forum for the Environment (Walhi) warned that the way of life of tens of thousands of forest dwellers would be threatened if the park, which straddles the districts of Nunukan, Malinau and West Kutai in East Kalimantan, was used in Reducing Emissions from Deforestation and Forest Degradation (REDD) schemes.

"We reject any REDD+ programs taking place in the park, because there is so much at stake," Izal Wardana, executive director of Walhi's East Kalimantan office, said on Tuesday.

"Such programs will further marginalize the indigenous people in the forest to the extent that they won't be able to continue with their way of life. That's because one of the conditions of these programs is a prohibition on any human activity in the forest, which is the same as throwing these people out."

There are an estimated 20,000 to 25,000 Dayak tribesmen living in the 1.3- million-hectare park, which sits on the border with Malaysia.

Izal said that although REDD programs were a good thing for the environment, they constituted a kind of "sin atonement" for developed nations under which indigenous people in forest countries would suffer.

"There's no doubt it's good for the protection of wildlife and plant species in Kayan Mentarang, but we need to take into account the lives of the people who also live there," he said.

"Cutting them out could spark long-running social problems that in the end could have an impact on the environment."

Representatives from Dayak tribes have previously also spoken out against REDD projects, saying they invariably get no say in how the projects, and hence their ancestral lands, are managed.

The central government has said it will begin REDD pilot projects in Kayan Mentarang this year and has vowed to invest the money from the schemes back into local communities.

Topan Amrullah, deputy head of Malinau district, said the plans had been finalized and the programs would proceed.

"We're convinced of the project's benefits to both the environment and the indigenous people," he said on Tuesday.

His district alone, he said, which is home to one million hectares of the national park, stood to gain "millions of euros" from REDD projects with European partner governments over the next several years.

Indonesia pays for US bargains

Inter Press Service - February 23, 2012

Charundi Panagoda, Washington – The survival of Sumatra's tigers, elephants, orangutans, rhinos, as well as indigenous communities, is threatened by the "world's fastest deforestation rate", caused by the pulp and paper industry, according to the World Wildlife Fund (WWF).

WWF in a recent report named Indonesian-based Asia Pulp & Paper (APP) as "responsible for more forest destruction in Sumatra than any other single company". APP and competitor Asia Pacific Resources International Ltd (APRIL) have consumed the majority of the wood harvested from commercial forest clearances and agriculture conversion.

"In central Sumatra, the impact of APP's operations on wildlife has been devastating. The company's forest clearing in Riau Province has been driving Sumatran elephants and tigers toward local extinction," the report said.

The companies have also begun clearing peat swamp forests. According to Indonesian Ministry of Forestry estimates, deforestation associated with peat decomposition and burning totals 1.2 gigatonnes of carbon emissions per year, making Indonesia the world's third-largest greenhouse gas emitter.

"Products made with APP fiber linked to forest destruction are flooding the US market and landing in grocery stores, other retail chains, restaurants, hotels, schools and municipalities in the form of toilet tissue, paper towels, copier paper, stationery, paper bags and paper-based packaging," WWF reported.

Two of APP's products identified in the US are Paseo and Livi tissues. APP products are distributed and marketed in North America by a variety of subsidiaries and affiliates including Solaris Paper, Mercury Paper and Papermax.

Despite concerns raised by environmental groups, APP claims to be "committed to being socially, environmentally and economically sustainable throughout its operations". When Indonesia's Eyes on the Forest released a report on APP clearing Sumatra's Senepis Tiger Sanctuary, the company fired back saying the allegations were "clearly false".

Philip Rundle, chief executive of Oasis Brands, which market Paseo and Livi, wrote in a letter that their products are "100 percent sustainable. [made from] plantation-grown, rapidly renewable fiber supplied by APP."

"It's plainly ridiculous, profoundly untrue to claim that anything APP produces is environmentally sustainable. To me, it borders on false labeling," Andrea Johnson, director of forest campaigns for the Environmental Investigation Agency, told IPS. "There are maps, evidence. It's incontrovertible that some of the practices APP engages in are not sustainable."

APP is engaging in a "very strong campaign" to "greenwash" their activities and to assert they are actually doing everything legally, Johnson said. APP's declarations include asserting that only "degraded" land is being cleared, that only a little of Indonesian land is allocated for mills, and emphasizing APP's donations to environmental foundations.

What APP calls "degraded land" is what WWF calls "tiger habitat", WWF forest program manager Linda Kramme told IPS. She believes many of the sustainability statements made by APP and Oasis are misleading. Suggesting APP is only impacting a small amount of Indonesia is like saying the recent Gulf of Mexico oil spill only impacted a small amount of the US, she said.

"[WWF] believes they are mischaracterizing their practices happening on the ground. Many US customers and companies don't have the ability to go to Indonesia and see what's happening, so it can be easy for them to read materials that APP and companies that market their products like Oasis say – that they have different certification, that they are doing things with conservation. But our teams for two decades have seen impacts on ground and we see and obligation to raise the questions and to raise the facts," she said.

WWF started engaging with APP in 2001 to introduce the company to long-term sustainability practices. However, WWF cut off ties with APP after the company broke its promises to stop using natural forest fiber despite signing a letter of intent.

Legally, bills such as the Lacey Act in the US in principle should create various incentives not to buy illegally logged products, Johnson said. However, greenwashing campaigns and complicated supply chains make prosecution harder.

"APP has been increasingly using subsidiary companies and resorting to opening mills under other names in countries like the US and Canada," Johnson said. "It's not that difficult to start another company and put another name on it and use the same fiber. You see that tactic increasingly being used by companies. I think that structuring on part of the company is very intentional in order to make traceability almost impossible, which obviously makes it difficult to enforce the law."

In 2010, APP was affected by the US Commerce Department imposing anti- dumping duty orders for certain coated paper imported from Indonesia. "Dumping" is a predatory pricing practice in international trade that allows companies to sell their imported products at very low prices, driving out the competition.

"There is an environmental component to the fact that [APP products are] less expensive. One of the reasons they can afford lower costs is because they are getting fiber illegally [by illegal logging, for example]," Johnson said. "They are not engaging in the kind of business practices which cost a little bit more if you want to do things legally and that result in lower prices."

The US can prosecute companies like APP only if the government of the producer country has criminal penalties for the same activity. Therefore, it's the responsibility of the Indonesian government to effectively implement conservation laws, activists say.

Johnson says a strong case can be made that Indonesia has effectively subsidized the pulp and paper industry by not enforcing its own laws.

Health & education

Indonesia court rejects suit to reopen tobacco clause investigation

Jakarta Globe - February 29, 2012

Rangga Prakoso – An antigraft coalition hit a roadblock on Tuesday in its legal bid to revive an investigation of lawmakers accused of tampering with the 2009 Health Law.

The Coalition Against Corruption of the Anti-Tobacco Clause (Kakar) alleges that shortly after the amended health law was passed in 2009, a clause classifying tobacco as an addictive substance was omitted from the final draft.

After the police stopped looking into the case, the coalition filed a motion on Monday with the South Jakarta District Court to revive the investigation. On Tuesday, however, the court rejected the coalition's pretrial lawsuit because it failed to meet legal requirements.

"The motion to file the suit did not meet formal requirements," said Yonisman, the chair of the panel of judges. "As a consequence, further considerations for the motion will not be deliberated or accepted."

He said only certain parties could legally file a motion against a decision to drop an investigation, including investigators, prosecutors and third- party stakeholders such as victims or NGOs.

Kakar chief Hakim Sorimuda Pohan did not qualify because he filed the suit in a private capacity as an obstetrician.

After the hearing, Hakim said he was disappointed but would not appeal. Instead, he said he would file a new lawsuit through an NGO, perhaps working with the Tobacco Control Support Center.

He said he was certain that the judges would rule in his favor and order the police to reopen their investigation. "The facts from the hearing are clear," he said. "Witnesses have indicated that criminal acts may have taken place."

Hakim cited as evidence three handwritten notes that read, "Change: Article 113, Clause 2 to be dropped, Clause 3 to become Clause 2." The notes were signed by Ribka Tjiptaning, the chairwoman of the House of Representatives' health oversight commission, fellow legislators Aisyah Salekan and Maryani Baramuli and Faiq Bahfen, a Health Ministry official.

Hakim said reviews to the bill were discussed by the House's special and working committees, "so the signatures pretty much authorized the changes."

National Police spokesman Yusmar Latief lauded the court's ruling, stressing that the decision to halt the investigation into the missing clause was above board.

Half of Indonesia's posyandu community health clinics inactive

IRIN - February 28, 2012

Efforts in Indonesia to save a volunteer-led community health initiative are working, but more is needed to increase the reach of the program, which is shown to improve child and maternal health, say health officials.

The country's integrated health services posts, known as Posyandu, are monthly clinics for children and pregnant women, providing vaccinations and nutritional supplements.

There are more than 260,000 Posyandu posts nationwide, but a lack of funding, political support and volunteers has rendered half of them inactive, said the head of the Demographic Institute at the University of Indonesia, Sonny Harmadi.

"Times have changed. People no longer take pride in being Posyandu volunteers," he said. "People also prefer to go to clinics [more] than Posyandu."

Volunteers trained by local health departments have typically organized the monthly check-ups.

And even though more health clinics serve rural patients now than when Posyandu posts were launched in the 1980s, there is still a need for the community gatherings, said Sugiri Syarief, head of the government's Agency for Population and Family Planning.

"We cannot afford to let them die because we will lose an important vehicle for early detection of malnutrition," he said.

According to the Health Ministry's 2010 Basic Health Survey, 17.9 percent of children under 5 are underweight nationwide (weight-to-age ratio), a decrease from 31 percent in 1989.

Posyandu monthly check-ups are partly responsible for the drop, said Minarto, the Health Ministry's director for nutrition promotion. "Recent data show that about 70 percent of mothers visit a Posyandu at least once every six months," Minarto said.

Chronic malnutrition, as measured by stunting, or height-to-age ratio, among children under 5 years old stood at 35.7 percent, while acute malnutrition, weight-to-height ratio, also known as acute malnutrition, was 13.3 percent. Fifteen percent is the widely recognized indication of a nutrition emergency.

In addition, in 2007, the maternal mortality rate was 228 deaths per 100,000 live births, far short of the UN Millennium Development Goal target of 102 per 100,000 live births for 2015.

To boost attendance, officials and NGOs are expanding Posyandu services to include early childhood education and elderly care, Minarto said.

Since 2009, the international NGO Save the Children, with Kraft Foods, has worked with Posyandu posts in 54 villages in West Java through its Future Resilience and Stronger Households program.

"West Java is a food basket... but why does malnutrition still exist?" said Evi Yulianti, who is a program manager at Save the Children. "Our observation shows that the biggest problems are parents' lack of knowledge about nutrition and hygiene," she said.

Nutrient-deficient diets coupled with water-borne diseases from unsafe drinking water have led to persistently high levels of malnutrition even during bountiful harvests.

Refugees & asylum seekers

Asylum seekers play waiting game in Indonesia, but 'can't wait to leave'

Jakarta Globe - February 27, 2012

Ulma Haryanto – To the thousands of would-be asylum seekers sheltering in Indonesia, the years of waiting for placement to a third country is a tortuous affair.

With only their words to go by and scant paperwork to back them up, most of these people are trying to find their way out of the suffering they experienced in home countries wracked by violence and oppression.

"We've been waiting for years, and it's been stressful because we can't do anything besides think about our families and friends that we've left behind," says Amir Mazraeh, 54.

An ethnic Arab, Amir (not his real name) fled from Iran with his family to escape what he says is the oppression and discriminatory treatment by the government there.

Amir's story is similar to that of hundreds of others who in recent years have flooded into Indonesia from Iran, Afghanistan, Pakistan and the Middle East as they seek to make their way, legally or otherwise, to Australia.

Indonesia has never ratified the 1951 UN Convention on Refugees or its derivative 1967 protocol, but its strategic geographic location has made it a desirable place of transit for those eyeing Australia, a country that is now a party to the refugee convention.

The numbers game

The actual number of those trying to make the crossing varies according to who's asked. The National Police said that in 2010, 2,188 asylum seekers entered the country, up from 1,798 in 2009. But the Directorate General of Immigration puts the 2010 figure at 1,400. About half came from Afghanistan.

The reason for the discrepancy is because the process to handle asylum seekers involves several institutions.

At the front line intercepting the immigrants are the immigration office, the maritime police and the military. Based on a 2001 tripartite agreement between the Indonesian and Australian governments and the International Organization for Migration, all such immigrants must be handed over to the IOM.

However, there are also those who go straight to the office of the UN High Commissioner for Refugees in Kebon Sirih, Central Jakarta, and file a request to be recognized as an asylum seeker or refugee.

"These people are never reported to the government since the UNHCR is bound by the confidentiality of the people who come to them," said Lars Stenger, from the Jesuit Refugee Service. The JRS is one of the organizations outside the IOM that provides accommodation and other services for refugees and asylum seekers.

The immigration office says that as of December last year, there were 3,980 illegal immigrants in the country (about 4,000, according to the UNHCR), of whom 3,011 were classified as asylum seekers and 969 refugees. Less than half, or 1,284, are housed at the government's immigration detention centers in 13 cities across the country.

'Only temporary'

For most Jakartans heading out of town for the weekend, the large number of people of Middle Eastern origin in the hilly Puncak area of Cisarua, Bogor, is a familiar sight. The immigration office has designated Cisarua a temporary residential area for hundreds of people seeking refuge or asylum in a third country.

"Cisarua was chosen for its proximity to Jakarta and also because we have the Bogor Immigration Office overseeing the activities there," says Maryoto Sumadi, a spokesman for the immigration directorate.

Most of those placed in Cisarua already have refugee status or hold an "attestation letter" from the UNHCR. The latter is a document issued by the UN refugee body for those who have reported themselves to the commission or the IOM and are now awaiting the next step in their process.

As of this month, there are at least 567 immigrants living in 42 houses, apartments, villas and hotels in Cisarua, according to the Bogor Immigration Office. In June last year, that figure was just 326, with most of the immigrants coming from Afghanistan, Iraq, Iran and Pakistan.

The already high population density in Cisarua, with almost 110,000 residents concentrated in just 64 square kilometers, coupled with the influx of the immigrants has led to some friction with the locals.

"There's some jealousy because the immigrants receive a monthly stipend from the IOM and other services from NGOs," according to Adrianus Meliala, a criminologist.

The Mazraehs – Amir, his wife, their two children and two grandchildren – share a three-bedroom home with a monthly rent of Rp 1.8 million ($200). The IOM and UNHCR provide a combined monthly stipend of about Rp 500,000 per person.

For those like Amir and fellow Iranian Yusuf (not his real name) and their families, who have been in Puncak since 2010, the wait has been anything but pleasant.

"This is only a temporary place for us," says Aminah, Amir's eldest daughter. "What we want is to move immediately to Canada, New Zealand or Australia."

They find only the barest of comfort in things like instant coffee and tropical fruits, and they live in relative isolation from the locals.

Amir says he's reluctant to go outside, and only ventures out to play football with fellow immigrants or shop for groceries. "I've become more religious," he says with a smirk. "I have nothing to do except pray and read the Koran."

Even the cool weather in Cisarua, which brings lowland Jakartans to the area in droves during the weekend, is lost on those like Yusuf. "Some people like the cool weather here, but not me. I have to go back and forth to the local clinic," he says.

Amir makes it clear what he wants after living in limbo here for the past year and a half: "I just can't wait to leave."

'Limited resources'

But for those like him, winning approval from the UNHCR for placement in another country is a long shot, says the Jakarta Legal Aid Foundation (LBH Jakarta).

Alghifari Aqsha, a lawyer with the foundation, says the language barrier and lack of legal representation are among the reasons why the applications are often rejected by the UNHCR. "Legal aid for refugees is rare here, while foundations such as the YLBHI [Indonesian Legal Aid Foundation] and LBH Jakarta have limited resources," he says.

He adds that of the hundreds of cases that come to the LBH Jakarta's attention, only a handful can be taken up. "We can only take on the most convincing and important cases," he says.

Febi Yonesta, another lawyer with LBH Jakarta, says what compounds the problem is that there are few public lawyers who understand the existing statutes regarding refugees.

Finding translators to sit in during interviews at the UNHCR is also a problem. "Not many people speak fluent Arabic or Persian, and there's also the difficulty in converting dates from the Islamic to the Gregorian calendar," Febi says.

Febi and a number of private lawyers have taken up the cases of families including those of Amir and Yusuf, who were initially rejected for placement in a third country. Upon appeal, the UNHCR has now accepted their applications. Now the families are waiting for approval from their chosen placement countries.

'These numbers will increase'

With the tide of asylum seekers continuing to grow, the government is establishing a special office within the Coordinating Ministry for Political, Legal and Security Affairs to deal with the issues of illegal immigration and people smuggling.

The ministry hosted a high-level meeting at the end of January, attended by officials from the IOM, UNHCR, the Foreign Ministry, the Transportation Ministry, the military, the police and intelligence agencies.

According to minutes of the meeting obtained by the Jakarta Globe, Insp. Gen. Budi Utomo, the coordinating ministry's deputy for national defense, said the number of asylum seekers would only increase after an Australian proposal to build a regional migrant processing and detention center in Malaysia fell through.

"Looking at the current political condition in the Middle East and South Asia, in addition to the Malaysian government's rejection to accommodate illegal immigrants, these numbers will increase," Budi said. "Indonesia is a transit area and even final destination for illegal immigrants who have organized themselves through international and national syndicates."

The new office, which will help in monitoring, synchronizing and coordinating policy applications to prevent people smuggling and handle asylum seekers, will have its own intelligence unit.

The government has acknowledged the difficulty of the task ahead. "People smuggling and illegal migrants are complex issues," says Maryoto, from the immigration directorate. "It's not just about immigration. It's also about human rights, international relations and national defense."

Graft & corruption

Criticism as Indonesia judge gets just four years jail for corruption

Jakarta Globe - February 29, 2012

Rizky Amelia – A Central Jakarta Court judge was found guilty by a corruption court in Jakarta on Tuesday but received a prison sentence of just four years, far short of the 20 years sought by prosecutors.

M. Syarifuddin Umar was found guilty of accepting Rp 250 million ($28,000) in bribes while presiding over the bankruptcy case of the clothing company Skycamping Indonesia.

Syarifuddin, who acted as a supervisory judge on the case, received Rp 250 million in bribes from Puguh Wirawan, a curator who was handling the bankruptcy case. Puguh paid Syarifuddin to overvalue the company's assets by Rp 10 billion. Bank Nasional Indonesia and the tax office had valued the company's assets at Rp 25 billion.

Syarifuddin was also ordered to pay Rp 150 million in fines or serve an extra four months in prison. Prosecutors had demanded a harsher sentence, arguing that Syarifuddin had abused his authority as a judge.

The panel of judges, led by Gusrizal, disagreed, stating that, in a supervisory position, Syarifuddin was unable to make a decision, said Mien Trisnawati, one of the judges.

However, Syarifuddin should have reported Puguh's misconduct to the court overseeing Skycamping Indonesia's bankruptcy case, Mien said. Puguh was sentenced to three and a half years in prison in November for his role in the case.

The sentencing has drawn criticism by antigraft watchdog Indonesia Corruption Watch. ICW researcher Donal Fariz said on Tuesday that the Jakarta Anti-Corruption Court did not embrace an anti-corruption stance and that the light sentence sent a message to an already critical public that viewed the court as weak on graft suspects.

Syarifuddin said on Tuesday that he would appeal the sentencing. He also demanded that he and his lawyers be provided a copy of the complete file on the bankruptcy case before filing an appeal.

Corruption Eradication Commission (KPK) prosecutor Zet Tadung Allo said he would study the corruption court's ruling before deciding whether to appeal. "We'll make a decision in seven days," he said.

The panel of judges at the anticorruption court also ruled on Tuesday that any money seized from Syarifuddin during the investigation that was not linked to the Rp 250 million bribe should be returned to him.

In the course of the investigation, KPK officials recovered the Rp 250 million from the suspect and seized a further Rp 392 million in cash, $116,128, 245,000 Singaporean dollars, 20,000 yen, 12,66 Cambodian riel and 5,900 Thai baht.

Prosecutors had demanded that Syarifuddin prove the money was legitimately his. Failure to do so would have meant the money was treated as proceeds from corruption. The judges, however, said that the original charge brought against Syarifuddin was for the Rp 250 million, not the rest of the money.

House members split over need to strengthen PPATK law

Jakarta Globe - February 27, 2012

Agus Triyono & Markus Junianto Sihaloho – Lawmakers are divided over whether there is a need for an expansion of the powers of the anti-money laundering agency, with some arguing a new law is needed to improve transparency.

The Financial Transaction Reports and Analysis Center (PPATK) should be allowed to announce the names of government official and state institutions involved in suspiciously large bank transactions, legislator Syaifullah Tamliha said.

He called on House of Representatives Commission III, which oversees legal matters, to reflect that in a new law. Syaifullah said the move was needed so the public could monitor whether law enforcers were following up reports of suspicious transactions.

"The law is not a bible that cannot be revised," Syaifullah, a United Development Party (PPP) lawmaker, said at a forum in Jakarta on Sunday. "The PPATK should be given the authority to announce suspicious [bank] accounts periodically."

Hajriyanto Thohari, the Golkar Party deputy speaker of the People's Consultative Assembly (MPR), rejected the idea, arguing it could lead to overlapping functions at government institutions.

"The revision is not necessary. The institution that audits and the one that takes action should not be the same," he said. "Look at the BPK [Supreme Audit Agency] as an example: the BPK audits finances and if during the audit it did not follow procedure, you can report it to the law enforcer. The same applies for the PPATK."

He added that the PPATK should ask the Corruption Eradication Commission (KPK) if it followed up its findings on suspicious transactions. If the KPK does not follow up on the PPATK's reports, it means the KPK is neglecting its duty, he added.

"If the KPK does not follow up on the PPATK's findings, it means it isn't functioning, and if it's not functioning, they should be replaced," he said.

House Commission III member Eva Kusuma Sundari said revising the PPATK law was not urgent. It is more important, the Indonesian Democratic Party of Struggle (DPI-P) legislator said, to see that every PPATK report is adequately processed.

She cited the recent reports of suspiciously large bank accounts as an example. Those findings, she said, which concerned employees at the Finance Ministry, should not have been handed over to the ministry, which was not likely to take legal action. Another pressing matter is ensuring investigators make periodic reports on cases they're working on, she said.

Unlike his colleagues from House Commission III, Bambang Soesatyo of the Golkar Party supported revising the PPATK law. People named by the PPATK as being involved in suspicious transactions, he said, should be forced to make a clarification and disclose the origin of their funds. "If they can't prove the origin of the funds, legal enforcers must process them immediately," he said.

Mirwan denies Nazaruddin's allegations of graft involvement

Jakarta Globe - February 24, 2012

Markus Junianto Sihaloho, Carlos KY Paath & Robertus Wardi – Mirwan Amir, head of the House of Representative Budget Committee, has refuted accusations by graft suspect Muhammad Nazaruddin that he gave millions of dollars to Anas Urbaningrum to help him win the Democratic Party's chairmanship in 2010.

Nazaruddin, the Democratic Party's former treasurer, alleges that Mirwan gave Anas Rp 20 billion ($2.2 million). "Nazaruddin often makes weird statements," Mirwan said on Thursday. "Where would I get Rp 20 billion from, especially for Anas? There's no logic in that."

According to Nazaruddin, he received the Rp 20 billion as a kickback for prioritizing funding for a project during the Budget Committee's allocation process. "What project? I've never worked in a project," Mirwan said. "I am a House member."

Mirwan, who is the party's deputy treasurer, said if he had Rp 20 billion, he would rather use it for his family's benefit than give it to Anas. "I am not a businessman. Let's think logically," he said. "Why would I give away Rp20 billion? I'd rather keep it for my children and wife."

Anas is also feeling the heat from Nazaruddin's accusations. Referring to the Democratic chairman, Constitutional Court chief justice Mahfud M.D. said on Wednesday that if someone was frequently accused of graft, they should resign.

Though some of Nazaruddin's statements have been false, Mahfud said, others had proven true. "One of Nazaruddin's statements that was true is that A.U. [Anas Urbaningrum] led a company, which he denied," Mahfud said. "[Nazaruddin's] statements about money politics during the congress was also denied at first but later admitted."

The issue that needs clarifying, Mahfud continued, was where the funds originated. "The problem now is the origin of the money, whether it is corruption money or not," he said. "[The question is] whether it came from the private sector and went to the party or if it was state money that went to the party."

Regarding the accusation by Mindo Rosalina Manulang, a former Nazaruddin employee who has also been jailed in the case, that a minister asked for an 8 percent "fee" to construct theathletes' village for last year's Southeast Asian Games, Mahfud said it should be disclosed in court proceedings.

"Most important right now is that legal enforcement should not run stagnant," he said. "The KPK [Corruption Eradication Commission] often stops or diverts a case when it involves high-ranking officials and big political parties."

"I hope KPK chairman Abraham Samad can show his teeth and get to the bottom of corruption cases by upholding the presumption of innocence," he added.

Meanwhile, the KPK says it will focus its investigation on examining the evidence it has already collected from existing suspects rather than summoning Anas for questioning. "We will summon Anas if our investigators need information from him," KPK deputy chief Busyro Muqoddas said at a meeting with lawmakers.

Busyro also said the KPK did not see any reason to summon President Susilo Bambang Yudhoyono over the case. Nazaruddin claimed earlier that he had met with the president before fleeing to Singapore last year.

Busyro said the KPK will continue studying legal findings involving Nazaruddin and that it would only summon Yudhoyono and Anas if investigators found strong evidence linking the two of them to the case.

[Additional reporting from Suara Pembaruan & Antara.]

Reports on ministers' suspicious transactions dubious: SBY spokesman

Jakarta Post - February 22, 2012

Bagus T Saragih, Jakarta – Presidential spokesman Julian Aldrin Pasha has downplayed reports on suspicious financial transactions by some Cabinet members and on an allegation that a minister had attempted to extort a businesswoman.

"The reports were not clear and have not been proven yet. Even the initials [of the suspected ministers] were not mentioned. How should I comment on that?" Julian told reporters at the State Palace on Tuesday.

Julian was asked to comment on a statement by Financial Transaction Reports and Analysis Centre (PPATK) chairman Muhammad Yusuf on Monday saying that his institution had detected numerous suspicious financial transactions by high-level officials including "one or two ministers". Yusuf, a senior prosecutor, however, refused to go into detail.

Earlier on Tuesday, Ahmad Rifai, a lawyer representing Mindo Rosalina Manulang, a businesswoman who is a graft defendant, claimed that his client had once been asked for "some fees" by a minister upon offering a "big project" to the businesswoman.

Rifai claimed Mindo did not approve the request. Rifai, however, refused to disclose the identity of the minister or the details of the project. "The sources of the reports, including the PPATK, must back the allegation with more data and evidence. I cannot comment on something dubious," Julian said.

Terrorism & religious extremism

Jailed Indonesia cleric says US must be destroyed

Agence France Presse - February 29, 2012

Islamist militant cleric Abu Bakar Bashir blamed the United States for increasing his jail term, two days after Indonesia's top court reinstated his 15-year sentence for terrorism.

Bashir is regarded as a spiritual leader of militant Islam in Indonesia – the world's most populous Muslim country – and is an outspoken supporter of Al-Qaeda-style jihad, but he has always denied being a terrorist.

Appearing in public to undergo his second cataract surgery at an eye hospital in Jakarta, the 73-year-old defiantly called on his followers to fight the US "until it is destroyed".

"America is the enemy of Islam so, the verdict must be America's order," he told reporters, as he was escorted into a police vehicle by armed paramilitary and anti-terror police. "We must continue to fight America until it is destroyed."

A lower court last June sentenced him to 15 years in jail for deliberately inciting terrorism and funding a terror cell in Aceh province which was allegedly planning deadly attacks on Westerners and politicians.

Upon appeal the High Court slashed it to nine, citing lack of evidence and old age but the country's Supreme Court on Monday reinstated the 15-year sentence.

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

The United States last week officially labelled the Jemaah Anshorut Tauhid (JAT) group, founded by Bashir in 2008, a foreign terrorist organisation, linking it to several attacks in Indonesia.

The three-year-old group was behind a Java church bombing last September, deadly attacks on Indonesia policemen and bank robberies aimed at raising money for weapons and bomb materials, the State Department said. "JAT seeks to establish an Islamic caliphate in Indonesia, and has carried out numerous attacks on Indonesian government personnel and civilians in order to achieve this goal," it said in a statement.

Nine JAT supporters gathered in front of the US embassy in Jakarta Wednesday to submit a protest letter. "America has no right to label us as a terrorist group. Their statement is slander," its spokesman Son Hadi Muhadjir told AFP.

Indonesia reinstates Bashir's 15-year sentence

Agence France Presse - February 27, 2012

Indonesia's top court on Monday upheld a 15-year jail term against Islamist militant Abu Bakar Bashir for terrorist acts, reversing an earlier decision to slash the sentence to nine years.

Bashir is regarded as a spiritual leader of militant Islam in Indonesia – the world's most populous Muslim country – and is an outspoken supporter of Al Qaeda-style jihad, but the 73-year-old has always denied being a terrorist.

In June last year a lower court sentenced him to 15 years in jail, but upon appeal the High Court slashed it to nine, citing lack of evidence and old age.

"Abu Bakar Bashir is proven to be guilty officially and convincingly of committing terrorist acts," the Supreme Court said in its Monday ruling, which is final.

Bashir, who is behind bars, was the alleged founder and chief ideologue of the Jemaah Islamiyah group, responsible for a string of attacks including the 2002 Bali bombings that killed 202 people, most of them foreign tourists.

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

When given the 15-year jail sentence last year, true to form Bashir rejected the verdict, demonstrating to his fanatical supporters that he believes the rule of law as enshrined in the country's secular, democratic constitution does not apply to him.

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

The United States last week officially labeled the Jemaah Anshorut Tauhid, founded by Bashir in 2008, a foreign terrorist organization, linking it to several attacks in Indonesia.

The State Department accuses that group of being behind a church bombing in Java last September, deadly attacks on Indonesian policemen and bank robberies aimed at raising money for weapons and bomb materials.

In response, Bashir said in a statement: "This is simply an effort by the United States to influence the judges in the Supreme Court to keep on detaining me."

JAT can 'carry on in Indonesia' despite US terrorist ban

Jakarta Globe - February 25, 2012

Keyko Ranti Ramadhani & Ronna Nirmala – The US government's decision to declare convicted terrorist Abu Bakar Bashir's Jamaah Anshorut Tauhid group a terrorist organization will not affect its status in Indonesia, officials said on Friday.

The United States announced on Thursday that it was placing sanctions on three leading members of JAT and banned US citizens and businesses from engaging in transactions with them.

In Indonesia, responding on Friday to media reports about the ban, Foreign Minister Marty Natalegawa said any US decision only applies in the United States.

"If a country decides to brand an organization as a terrorist group, then it applies only regionally or locally. To apply globally, it [the decision] must be through a UN [United Nations] resolution," he said. The minister added that Indonesia had yet to receive any formal notification of the ban.

JAT leaders claimed to be amused by the US attention. "JAT is a small organization compared to others, but the funny thing is that we have been declared a threat," JAT spokesman Son Hadi bin Muhadjir said with a laugh on Friday.

Son Hadi said he saw the US declaration as evidence of paranoia, describing the accusations as wild and lacking substance. He added that he suspected the timing of the announcement was meant to undermine Bashir's appeal with the Supreme Court against his terrorism conviction. Bashir is serving nine years in prison for funding terrorist activities.

The US State Department said JAT, which Bashir founded, was behind a Java church bombing last September, deadly attacks on Indonesian policemen and bank robberies to raise money for weapons and bomb materials.

"JAT seeks to establish an Islamic caliphate in Indonesia, and has carried out numerous attacks on Indonesian government personnel and civilians in order to achieve this goal," it said in a statement.

The US Treasury also announced its ban on conducting transactions with three JAT leaders. They are the group's acting leader, Mochammad Achwan, spokesman Son Hadi, and Abdul Rosyid Ridho Ba'asyir, a recruiter and fund- raiser.

The United States "is taking another step to ensure that terrorists are cut off from the international financial system and find it ever more difficult to carry out their acts of violence, no matter where they are based," said Adam Szubin, director of the US Treasury's Office of Foreign Assets Control.

The Indonesian police, however, will not ban JAT. National Police spokesman Insp. Gen. Saud Usman Nasution said the United States could make any decision it wanted, but JAT can "carry on in Indonesia as long as it is not breaking the law."

Still, National Police Chief Gen. Timur Pradopo said the police would monitor its activities.

"We will follow it up. I just heard the news," he said, adding that the police would discuss the issue with the Foreign Ministry. "We should be careful because terrorism is a cross-border crime," he said.

Lawmaker T.B. Hasnuddin challenged the United States to prove its accusation. "They should be careful in branding a group as terrorists," he said. "The US should support its claim with evidence."

[Additional reporting from AFP, Antara & Ezra Sihite.]

Jemaah Anshorut Tauhid put on US terror list

Jakarta Post - February 24, 2012

Damar Harsanto, Jakarta – The United States has formally included hard- line Islam group Jemaah Anshorut Tauhid (JAT), an extremist organization founded by infamous cleric Abu Bakar Ba'asyir in 2008, on its list of foreign terror networks.

The US Department of State said on its website that the group was responsible for multiple coordinated attacks against innocent civilians, police and military personnel in Indonesia.

"JAT has robbed banks and carried out other illicit activities to fund the purchase of assault weapons, pistols and bomb-making materials," the department said.

A JAT suicide bomber detonated explosives in a Central Java church in September last year, killing himself and wounding dozens of others. The police have also uncovered additional suicide plots by the group across the archipelago, it added.

It also alluded to the role of JAT's co-founder, Ba'asyir, as a co-founder of Jemaah Islamiyah, another hard-line group believed to be responsible for the 2002 Bali bombings, which killed more than 200 people.

Jemaah Islamiyah was previously included on the list of terrorist organizations by the State Department, while Ba'asyir was also subjected to sanctions by US authorities.

Additionally, the US Treasury Department's Office of Foreign Assets Control (OFAC) has blacklisted three individuals associated with JAT – Mochammad Achwan, the group's acting emir, Son Hadi bin Muhadjir, its spokesman, and another leader, Abdul Rosyid Ridho Ba'asyir.

Any property or assets owned in the US by the three will consequently be frozen and US citizens and corporations will be prohibited from engaging in financial transactions with them.

"By designating the leaders of JAT, OFAC is taking another step to ensure that terrorists are cut off from the international financial system and find it ever more difficult to carry out their acts of violence, no matter where they are based," OFAC director Adam Szubin said in a Treasury Department statement.

Hard-line & vigilante groups

FPI and FJI trade stones and insults

Jakarta Post - February 29, 2012

Jakarta – Two hardline groups, the Islamic Jihad Front (FJI) and the Islam Defenders Front (FPI) threw stones at each other in Yogyakarta after attending a hearing process at the Yogyakarta District Court on Tuesday.

A TV correspondent was also injured in the fracas, Nuryanto, 33, was rushed to the Bethesda Hospital after being hit on the head by a stone while covering the incident.

The incident took place following the hearing of Bambang Tedy, head of FPI's Yogyakarta branch who was on trial for alleged assault and defamation.

Trouble began when FJI members who had attended the trial mocked FPI members who were outside the court building and rapidly degenerated into stone-throwing, kompas.com reported on Tuesday. (iwa/dic)

Visiting New York imam calls on FPI to rethink its methods

Antara News - February 22, 2012

Imam Shamsi Ali of the New York Islamic Center has asked the Islamic Defenders Front to reconsider the methods it employs to achieve its goals.

His statement came in response to the pushback against the hard-line group, known as the FPI, that caught fire with a protest against the group by members of the Dayak tribe in Central Kalimantan. That incident was followed by the recent demonstration in Jakarta against the FPI organized by a group calling itself "FPI-Free Indonesia."

"I ask the FPI to reflect on their methods, and question whether their way has been consistent with Islamic ethics or not," Ali said in Jakarta on Tuesday night.

The FPI has built a reputation for itself as a vigilante group known to employ violence and intimidation.

The organization has been threatened with having its license pulled after a number of incidents, most recently when members of the group pelted rocks at the Home Affairs Ministry's office in January in protest of the minister's decision to annul local bylaws banning alcohol sales.

According to Ali, Islamic mass organizations are necessary to seek solutions to socio-cultural problems.

"The FPI still exists because there is public pressure to reduce unjust things in society. But, I disagree that you reduce unjust things through unjust ways, which contradicts the ethics of Islam," Ali said.

"That is why I really ask the FPI to rethink their ways, because Islam will always leads toward peace, not cruelty," he said. "According to history, [Prophet] Mohammad always uses persuasive and peaceful methods to teach his messages."

Ali was in Jakarta, along with 13 other interfaith representatives from the United States, to deliver a message of peace and harmony through religious tolerance. He was joined by other religious leaders from the Jewish, Christian and Islamic faiths.

The group arrived in Jakarta on Feb. 12 and were scheduled to meet with President Susilo Bambang Yudhoyono on Wednesday. After leaving Jakarta, the group will bring their message to Jordan, where they will meet King Abdullah II, and to Jerusalem to meet Palestinian President Mahmoud Abbas and Israeli President Shimon Perez.

PPP chief says media reports on FPI unbalanced

Jakarta Post - February 22, 2012

Dicky Christanto, Kediri – United Development Party (PPP) chairman Suryadharma Ali has asked the media to be more balanced in covering news about hard-liner group Islam Defenders Front (FPI), claiming that most of the coverage had provided a bigger stage for FPI opponents.

"They have created bias in this particular matter," Suryadharma, who is also the religious affairs minister, said on Wednesday on the sidelines of PPP's national meeting in Kediri, East Java.

Commenting on the matter, Muhammadiyah University political expert Cecep Effendi had a different view. He said the media reports used facts as a benchmark. "Unlike Suryadharma, so far I have seldom witnessed the media using nothing but the facts in covering the news on the FPI," he told The Jakarta Post on Wednesday.

When asked whether Suryadharma had a hidden motive behind his statement, Cecep said that Suryadharma's remark had clearly shown that the party was trying to get the FPI's attention, most likely in relation to the 2014 general election.

"In his capacity as party chairman, the statement is understandable. The FPI has potential with its thousands of followers," he said.

Anti-FPI sentiment went viral after the people of Palangkaraya, Papau, refused to let four FPI members disembark from a plane earlier this month at Tjilik Riwut Airport. In Jakarta, many community groups joined forces under the "Indonesia-without-the-FPI" movement and demanded that the group be disbanded.

Suryadharma has, however, expressed concern about mass organizations that resort to violence, suggesting the police take stern measure against them. "If any mass organization, even if it is PPP, uses violence, it should face legal consequences," Suryadharma said as quoted by tempo.co. (iwa)

Central Kalimantan officially rejects FPI

Jakarta Post - February 22, 2012

Central Kalimantan – The Central Kalimantan administration announced Wednesday that it issued a letter, rejecting the presence of hard-liner group the Islam Defenders Front (FPI) in the province.

The administration sent the letter to Coordinating Political, Legal and Security Affairs Minister Djoko Suyanto on Tuesday.

Central Kalimantan Deputy Governor Achmad Diran said that the administration also sent the letter to the President, the People's Consultative Assembly Speaker, the House of Representatives Speaker, the Constitutional Court Chief, the Home Affairs Minister and the National Police Chief.

"The letter says that we firmly reject the FPI and won't let FPI establish its chapter in the province because it contradicts the Dayak tribe's local wisdom, which upholds peace," he said as quoted by tempo.co.

The letter was sent following several events involving the FPI, including an incident at the Central Kalimantan representative office in Jakarta last week.

Diran said that the rejection of the FPI in Central Kalimantan was a collective stance, therefore, the administration decided to take further action by issuing an official statement. "The letter was a result of discussions involving representatives of local mass organizations and residents," he said. (swd)

Freedom of religion & worship

Trapped in a legal limbo, Indonesia's Ahmadis look for a home

Jakarta Globe - February 29, 2012

Fitri, Mataram – More than a hundred displaced followers of the Islamic Ahmadiyah sect who for years have had to live in shelters in Mataram, West Nusa Tenggara, have still not been registered to receive electronic identity cards, despite a March deadline.

In 2006, the members of the Ahmadiyah community in Gegerung village, West Lombok, were violently driven out by other residents who deemed them deviant and destroyed their homes.

Since then, West Nusa Tenggara authorities have refused to let the 183 Ahmadis return to Gegerung or relocate elsewhere, instead forcing them to remain in temporary shelters.

The head of the sect's Mataram branch, Basyir Ahmad, said on Tuesday that they had appealed to the local administration to receive electronic identity cards, or e-KTPs, but had been turned down.

"Everywhere we turn, we are told the same thing: we are internally displaced residents of West Lombok district, not of Mataram," he said. "The officials keep saying they are waiting for a decision from the West Lombok administration." Basyir said that for six years they had been forced to live in legal limbo and felt cheated by an uncaring government.

"I heard that the West Lombok district head, Zaini Arony, said he would help Ahmadis obtain e-KTPs, but only on the condition that we would not be allowed to live together," he said.

H. Zulkarnain, head of the West Lombok Education and Civil Registry Office, told the Jakarta Globe the Ahmadis could not receive e-KTPs because they had left West Lombok and relocated to Mataram.

"They should ask the Mataram government because they are no longer registered as West Lombok residents," he said.

The Ahmadis have been denied compensation for their old homes even as the government has barred them from returning to inhabit them.

Even so, some have tried to return and farm their land while keeping a low profile. But they have been routinely chased out by other villagers, who have branded them "a stain on this village" that "must be cleaned out."

Electricity to the shelter they now live in was cut off three years ago. Food aid from the government – which has perpetuated their limbo by refusing them the right to return home or register as residents of Mataram – was halted last year. Sanitation facilities are nonexistent.

A stipend from the state was stopped in 2007. Not being registered residents, they have been denied the free gas stoves distributed by the government to all citizens and they now resort to gathering scrap to burn as fuel.

Ahmadi attackers in West Java claim they were provoked by broken deal

Jakarta Globe - February 25, 2012

Yuli Krisna, Bandung – A group of West Java residents who admitted vandalizing an Ahmadiyah mosque last week have been charged with an offense that could land them in prison for up to five and a half years.

Cianjur Police Chief Agus Tri Heriyanto said the 20 residents of the district gave themselves up to police because they believed they were acting legitimately after Ahmadis in their village of Cisaar breached an agreement signed by the sect's leadership.

"The locals considered that Jemaat Ahmadiyah Indonesia had breached an agreement the JAI had signed," Agus said on Friday, referring to a document issued last year by the Coordinating Board for Monitoring Mystical Beliefs in Society (Bakor Pakem) and signed by JAI leadership, in which Agus said JAI agreed not to conduct group prayers, including Friday prayers.

"But the Ahmadiyah congregation broke that agreement, arousing the anger of the local community. This is despite locals having warned [the Ahmadis] as many as four times," the police chief said.

Agus said the alleged vandals also considered the Ahmadis to have breached a 2008 decree signed by the attorney general and the ministers for religious affairs and home affairs.

That decision purports to ban any activities deviating from officially recognized religions, and it specifically bans Ahmadis from recognizing a second prophet, a key element of the sect's beliefs that sets it apart from other Muslim groups.

Agus said that despite some initial reports to the contrary, all of the people charged were Cisaar villagers. "They're all locals. So this is a community action, with no provocation from mass organizations whatsoever," he insisted.

Agus said the people who had owned up to the attack would be charged with a mob violence clause from the Criminal Code, although they would not be detained. "They have local leaders vouching for them. The suspects are only required to report to police regularly," he said.

Despite charging the 20, Agus said police would continue to investigate the attack by interviewing witnesses and collecting evidence.

Police apparently had warning of the attack, the latest in a string of violence against the Ahmadiyah minority, on the Arrohim Mosque that occurred on Feb. 17. They had stationed several officers outside the building and reportedly warned the congregation not to worship that day.

But the police on guard failed to deter the attack by an estimated 50 to 100 people who ransacked the mosque, severely damaging its roof and windows. Agus said police had been maintaining a security presence in the village since the attack.

Bogor mayor rejects Kalla's offer to act as peacemaker in church dispute

Jakarta Globe - February 23, 2012

Vento Saudale, Bogor – Former Vice President Jusuf Kalla has offered a helping hand as a mediator in the GKI Yasmin dispute, saying he is happy to help if the opposing parties – the Bogor city administration and the embattled church's congregation – ask for his help.

But Bogor Mayor Diani Budiarto quickly rejected the offer, saying the city administration did not need a mediator.

He said the city administration had taken a variety of steps to overcome the problem but was unable to solve it. "We have offered a compromise of relocation to a more representative location, but there are still obstacles," he said.

Kalla, who helped resolve the Aceh separatist conflict in the mid-2000s, said followers of a religion should be able to build houses of worship, be it a mosque, church, temple or other building.

"Worship houses can be built anywhere. The location or street should not be limited, and prayers can also be conducted anywhere because God is everywhere," he said. He added that people should be happy when they saw a place worship because it helped create peace.

Kalla also lamented the Bogor administration's failure to ensure that its residents could conduct their prayers peacefully.

Diani said he had prepared several strategies so that the outcome did not hurt any party, among them returning all the money that GKI Yasmin spent to acquire a permit. He is also offering to buy GKI Yasmin's building and land on Jalan K.H. Abdullah bin Muhammad Nuh.

"The Home Affairs Ministry gave us a chance to solve it. The Supreme Court had also advised GKI to take legal action if they weren't happy. Basically, the government wants a conducive environment for all," he said.

However, he refused to give any timeframe when asked how soon the city administration planned to resolve the dispute. "Let's just wait and see," he said.

Last week, the GKI Yasmin congregation took the matter to the Constitutional Court because it was disappointed with the president's vague pledges to "resolve" the plight of the church.

Andreas Yewangoe, chairman of the Indonesian Communion of Churches (PGI), said last week that there was deep frustration in the Christian community over the state's failure to make the Bogor administration comply with a Supreme Court order to unseal the church and allow the congregation to worship in peace.

"Last December, we reported this matter to President Susilo Bambang Yudhoyono in the hope that he would admonish the mayor and force him to carry out the ruling, but all we've received are promises," he said at the Constitutional Court.

"Now we're hearing him talk about how he can't personally intervene because of the regional autonomy law, which meant it was the Bogor mayor's business."

West Java police say 20 suspects in attack on Ahmadiyah

Jakarta Globe - February 22, 2012

Cianjur, West Java – Twenty men have been named suspects in the Friday attack on a mosque used by Ahmadiyah sect members in Cipeuyeum village, Cianjur, West Java, police said.

"Though we have not yet detained them, the suspects are obliged to report to us periodically. Up till now, we are still collecting data and investigating the motive behind the attack," Cianjur Police Chief Agus Tri Heriyanto said on Tuesday.

According to police, one of the suspects, Asep, admitted that he and his associates had committed the attack, but they had done it because the Ahmadiyah members insisted on conducting their religious services in the neighborhood. "We warned them several times not to continue their activities. But they kept doing it," Asep said.

The attackers, residents of neighboring Cisaar village, wrecked the roof, broke the windows and generally ransacked the mosque, leaving it in shambles.

Islam & religion

With 6-year hajj backlog, PKS supports moratorium

Jakarta Globe - February 25, 2012

Tri Listiyarini – The largest Islam-based political party has thrown its weight behind a proposal to tackle a lack of transparency and allegations of corruption in the administration of hajj pilgrimages by the Ministry of Religious Affairs.

The legislative secretary of the Prosperous Justice Party (PKS) said on Friday his party supported the moratorium on hajj registrations proposed by the Corruption Eradication Commission (KPK).

Abdul Hakim, in spite of Religious Affairs Minister Suryadharma Ali's opposition to the proposal, said it was necessary because the accounting system at the ministry was suspect.

"The accounting system at the Ministry of Religious Affairs has not been run well," Abdul said. "For example, the hajj trip deposits are mixed up with interest from the deposits and with the main funds.

"So to avoid mismanagement of funds, we need a temporary moratorium on new registrations. This will also assist the KPK in combing through the accounting records." Abdul said that the ministry had been breaching the law by taking deposits for the hajj when it was unable to guarantee the depositors' places.

Huge international demand has forced Saudi officials to impose quotas on the hajj since the 1970s, with last year's quota for Indonesians set at 211,000 pilgrims.

"The hajji quota has been relatively static at around 210,000 places per year. Yet the Ministry continues to allow would-be pilgrims to register, and takes their deposits. This is not in accordance with the 2008 law on the hajj pilgrimage, which requires the receipt of hajj deposits to be halted once each year's quota is filled," Abdul said.

The current number of people registered for the hajj is 1.4 million, a backlog of over six years' worth of pilgrimage hopefuls. Their deposits have piled up in a ministerial account to the tune of Rp 38 trillion ($4.2 billion).

This massive balance opens the possibility of misappropriation of bank interest, which is worth around Rp 1.7 trillion annually. The long waiting list also provides the potential for corruption around queue-jumping.

The interest should be returned to registered pilgrimage candidates, Abdul argued. "Despite the Rp 32 trillion in the Ministry's account, the depositors are not benefiting from the interest by enjoying a reduction in the hajj fee," he said.

KPK-backed moratorium 'will raise hajj costs'

Jakarta Globe - February 23, 2012

Arientha Primanita – Religious Affairs Minister Suryadharma Ali said on Wednesday that a moratorium on the registration of applicants for the hajj threatened to push pilgrimage costs higher.

The ministry is trying to find ways to ensure that hajj funds deposited by would-be pilgrims are not misappropriated. "The consequence of a moratorium is that the cost of the pilgrimage can become more expensive and the process more complicated," Suryadharma said.

He said he anticipated that reforms to the system employed by the ministry would make it easier to inform hajj applicants of when they would leave for the hajj once they had deposited funds.

With the world's largest Muslim population, Indonesia has seen growing numbers of people requesting to make the annual holy pilgrimage to Mecca in Saudi Arabia. The demand has forced Saudi officials to impose a quota on the nation since the 1970s, with last year's quota set at 211,000 people. By June 2011, however, 1,420,915 people in Indonesia had registered for the trip.

With such a long waiting list, many hopeful pilgrims have had to miss out on the hajj for years. In some provinces, such as Aceh, pilgrims have waited up to 11 years to perform the religious rite, delays that have paved the way for corruption and fraud.

In October, police in Banten arrested three officials from the Religious Affairs Ministry who allegedly took money from Muslims who were hoping to get a spot this year.

Dozens of people allegedly paid the officials up to Rp 50 million ($5,600) each, excluding the actual fare for the trip. Last year's price was set by the government at about $3,500, almost $200 more than in 2010.

This year, the quota is set at 221,000 pilgrims from Indonesia. Suryadharma said the interest from the money deposited by applicants could be used to improve the services offered to the pilgrims. He added that the ministry would discuss the costs with the House of Representatives, and that the process would be audited by the Supreme Audit Agency (BPK).

Corruption Eradication Commission (KPK) deputy chairman Busyro Muqqodas had earlier called for a moratorium on the registration process, saying it was prone to graft.

On Tuesday, he said the ministry needed to take lessons from Malaysia's management of its hajj pilgrims. He added that as of February, more than 1.4 million Indonesians had applied to go on the hajj, with deposits totaling Rp 38 trillion.

[Additional reporting by Ezra Sihite.]

Minister in trouble for haj worries

Jakarta Post - February 22, 2012

Margareth S. Aritonang, Jakarta – From advocating the persecution of minority Muslim groups to ignoring a Supreme Court ruling in favor of a church to be able to worship in Bekasi, West Java, Religious Affairs Minister Suryadharma Ali seems to be involved in endless controversies.

This time, the Corruption Eradication Commission (KPK) has Suryadharma's back to the wall concerning the alleged misuse of the massive haj fund, accumulated from 1.4 million prospective pilgrims, by his ministry.

KPK deputy chairman Busyro Muqoddas said there were irregularities in the use of interest proceeds worth Rp 1.7 trillion (US$188 million) from the management of the haj fund, which was worth Rp 32 trillion.

"We strongly suggest the government impose a moratorium on haj pilgrim registrations because there are already too many pilgrim candidates on the waiting list."

"The longer the waiting list, the bigger the chance to misuse the money collected from pilgrims, as it might surpass their actual pilgrim expenses," said Busyro in a hearing with the House of Representatives' Commission VIII on religion, social affairs and the empowerment of women on Tuesday.

He said the KPK had found that pilgrims had suffered losses from their haj deposits as the Haj Management Agency eventually refused to refund them for overpaying or to pay the interest generated from pilgrims' initial deposits. These funds are believed to be unaccounted for, with no officials ever attempting to clarify where the funds are going.

Commission VIII member Muhammad Oheo Sinapoy of the Golkar Party said the ministry always refused to clarify the matter, raising suspicions of embezzlement. "We have been asking the minister to give details of the services for the pilgrims, but he has yet to do so," said Oheo.

Religious Affairs Ministry spokesman Zubaedi denied allegations of misuse of the interest proceeds generated from the pilgrims' deposits. "The money is carefully used for the likes of cross subsidies, as most pilgrims usually pay 80 percent of the normal cost of Rp 37 million," he said.

The Religious Affairs Ministry, which is supposed to set as example of honest living as cited by religious texts, was ranked by the KPK as the most corrupt institution, based on a survey late last year.

The Financial Transaction Reports and Analysis Center (PPATK) announced on Monday that financial irregularities implicated two ministries – apart from lawmakers, attorneys, judges and civil servants – but did not reveal which ministries.

Suryadharma, who is also chairman of the Islamic-based United Development Party (PPP), has repeatedly clarified the KPK survey by insisting his ministry has upheld an excellent standard of accountability and transparency.

The corruption allegations made by the KPK came amid Suryadharma's call members to improve the party's image to win the hearts and minds of the people.

The party is organizing a national meeting at the Lirboyo boarding school in Kediri, East Java, until Feb. 23. The meeting was officiated by Vice President Boediono.

"Party members are being asked to build a positive image to help the party recruit new members ahead of the 2014 election. We are targeting the recruitment of 12 million new members," said Suryadharma on Monday, as quoted by Antara.

PPP members have proposed Suryadharma as the party's presidential candidate for the upcoming 2014 election, despite calls from elements of the Muslim community for the resignation of Suryadharma from the Cabinet due to his failure to uphold religious tolerance.

Suryadharma recently called the Shia branch of Islam "heretical" because it deviated from mainstream Islamic teachings. The Shia branch of Islam dominates Iran, while Indonesia has a Sunni majority.

Sex & pornography

16 strippers arrested at North Jakarta hotel

Jakarta Globe - February 25, 2012

Police have arrested 16 striptease dancers at a hotel in North Jakarta and charged them with "committing a pornographic act."

Adj. Sr. Comr. Herry Heryawan, the head of the Jakarta Police's mobile unit, said the women were arrested at the Golden Hands Hotel and Spa on Wednesday night, along with their suspected handlers, several hotel employees and three massage therapists.

In all, police have named 21 people as suspects in the case, all of whom could face up to six years in prison.

Sources said the hotel regularly provided a strip show in which clients would lounge in the hotel's second-floor pool and watch the women strip. Those who had paid a Rp 1.5 million ($167) booking fee up front would then get a lap dance in the pool.

Ten 'pornographic' dangdut songs banned from NTB's radio waves

Jakarta Globe - February 23, 2012

Fitri, Mataram – Some dangdut songs have gone too far, according to the West Nusa Tenggara Broadcasting Commission, which on Thursday announced a ban on 10 songs with "pornographic" lyrics.

Dangdut diva Julia Perez's "Jupe Paling Suka 69" ("Jupe Likes 69 Best"), for example, is delivered in an erotic voice with lustful sighs and emphasis on lyrics which portray intimate relations and the singer's preferred mode of sexual intercourse, said Badrun A.M., the head of the commission known as KPID.

The song, along with others such as "Maaf Kamu Hamil Duluan" ("Sorry I Got You Pregnant") by Ageng Kiwi, "Hamil Duluan" ("Accidentally Pregnant") by Tuty Wibowo and "Apa Aja Boleh" ("Anything Goes") by Della Puspita, have been banned from being aired on radio and television in the province.

Stations which broadcast any of the banned songs may be reprimanded and could face a reduction in permitted broadcasting hours or even loss of their license.

The KPID took two weeks to examine 300 of the most popular dangdut songs after receiving a complaint from a group of citizens which it said included academics and cultural scientists from the province.

"In principle we do not wish to curb the creativity of anyone's art, but the KPID also wishes to protect the public from the negative impacts of listening to these songs. There's the potential for children and teenagers to copy what they hear," Badrun insisted.

He also said he feared that if the songs became too popular, the allegedly pornographic actions they portray might become "commonplace."

More vulgar still, according to Badrun, was "Mobil Bergoyang" ("Rocking Car") by Lia M.J. and Asep Rumpi, which he said promoted sex outside of marriage and detailed sex positions.

Singer Minawati Dewi's "Wanita Lubang Buaya" ("A Woman's Crocodile Hole") and Rya Sakila's "Ada Yang Panjang" ("Here's Something Long"), Badrun added, were perhaps the worst as they made specific reference to genitalia.

"This is very vulgar, and completely inappropriate to be heard by our community. Not to mention 'Mucikari Cinta' ['Pimping Love'], which tells the story of a husband who sells his wife as a prostitute – this does not represent our Eastern culture," he said.

An angry Perez took to Twitter on Thursday to complain about the ban. "Call the Indonesian Record Museum, I'm the Queen of Bans!!" said one tweet. Another said: "It should be the 'Apple Traders' that are banned!," referring to corrupt politicians who ask for "apples," a code for money.

Indonesia police bust 7 women for alleged strip show in Riau

Antara News - February 22, 2012

Five striptease dancers and two female disc jockeys were caught red-handed while naked at a nightclub in Pekanbaru, Riau, early on Tuesday, police said.

The seven women were detained under the 2008 Anti-Pornography Law, which criminalizes performances that feature nude dancing. Under the law, those convicted could be sentenced to up to 15 years in jail.

"We caught all seven of them naked inside the club," Riau Police spokesman Sr. Comr. Syarif Pandiangan said.

He said that based on the interrogation, the two DJs, identified as A.M. and I.F., have been named suspects, while the five striptease dancers are still considered only witnesses. A.M., 22, is from Blitar, East Java, and I.F., also 22, is from Jakarta.

"We are still waiting for the results of the questioning of the other five to determine their statuses," Syarif said. He said that all suspects will be charged with the offense of publicly showing one's naked body, in breach of the 2008 law.

Police did not say whether they would charge the owner of the club for organizing such a show. The club, located on Jalan Sudirman in Pekanbaru, charged visitors Rp 75,000 ($8.30) to watch the show. Performances began every night at 9 p.m. and ran into the pre-dawn hours.

In a prior, similar case in Padang, West Sumatra, the prosecutor has demanded that two alleged striptease dancers, S.S. and N.A., be sentenced to 18 months in prison.

In an indictment read at the Padang High Court last week, the prosecutor accused the suspects of having violated the Anti-Pornography Law by dancing nude at Fellas Cafe and Restaurant in September 2011.

The suspects have claimed that they were forced to take nude pictures by one of the members of the police force in the cafe before they were arrested. The owner of the restaurant maintains that his establishment has never been a place for nude dancing.

The two suspects were detained by law enforcement on Sept. 26 and were later freed. However, on Oct. 15, they were rearrested by police.

Land disputes & evictions

Mesuji violence should be a warning: Indonesian NGO

Jakarta Globe - February 28, 2012

Farouk Arnaz, Anita Rachman & Ulma Haryanto – The police heightened security in the conflict-riven district of Mesuji in Lampung on Monday following weekend violence against a plantation company that activists say should be taken as a sign of things to come.

Insp. Gen. Saud Usman Nasution, a spokesman for the National Police, said hundreds of local officers and Mobile Brigade (Brimob) members had been dispatched to secure the plantation.

He said offices, employees' dormitories, a warehouse and a security post of plantation company Barat Selatan Makmur Investindo were set on fire in the Saturday attack. "The Lampung Police have managed to identify the agent provocateurs and perpetrators in the case, based on video records," Saud said on Monday.

He said the attackers were from the nearby villages of Sritanjung, Keagungan and Nipah Kuning, and that they had also been involved in a November clash that killed one villagers and left eight injured with gunshot wounds and another one with burns.

"The district administration, the land agency and the House of Representatives are still actually trying to mediate the problem, but it isn't final yet and the people are getting impatient," Saud said. BSMI said damage from the weekend violence totaled Rp 1 billion ($110,000).

The conflict between BSMI and residents of the three surrounding villages began 17 years ago. Locals, who claim the land as their own, say the company has not paid them compensation.

Abetnego Tarigan, director of Sawit Watch, a palm oil industry watchdog, warned that more violent clashes over land disputes were likely unless the root cause was addressed.

"The government is taking too long to act on the Mesuji fact finding team's report," Abetnego said, referring to a team formed in December by the government to investigate land conflicts.

The team's report said there were possible human rights violations committed by police officers as well as foul play in the issuance of the permits to companies, including BSMI.

According to a copy of the report shown to the Jakarta Globe, villagers claimed BSMI only compensated them for half the 10,000 hectares it had taken. The problem worsened when a permit was issued to a different company, Lampung Inter Pertiwi, for land bordering BSMI's plot. Villagers claimed that LIP also failed to pay for all of its land.

One of the recommendations is for the permits for the companies to be reviewed and for an investigation into a document mentioning the names of local officials who also received compensation for the people's land from BSMI.

"All the recent clashes between people and police officers have prompted others to do the same, [thinking] that they have to react violently to move the government to action," Abetnego said.

Based on information they gathered from local partners, Abetnego said groups of residents in several locations with similar problems were planning to "occupy" disputed lands.

In 2010, he said, Sawit Watch received 663 reports of disputes between residents and palm oil companies.

Government blamed in Lampung arson attack

Jakarta Post - February 28, 2012

Oyos Saroso H.N., Bandar Lampung – Scholars and activists in Lampung say that the protest that led residents to set fire to PT BSMI's buildings in Mesuji, Lampung, this weekend resulted from inadequate government efforts to resolve an agrarian dispute.

The government lacked concrete steps for implementing the recommendations of the Mesuji Joint Fact Finding Team (TGPF), according to one legal expert.

"They failed to immediately follow up the TGPF's recommendation with a legal business permit for PT BSMI," Tisnanta, a lecturer from Lampung University's law school and a former member of the Mesuji TGPF, said.

Hundreds of angry residents stormed the offices and facilities of plantation company PT Barat Selatan Makmur Investindo this weekend in what was thought to be spillover from an attack last year that led to the death of a resident.

Tisnanta said residents who claimed ownership of land controlled by PT BSMI were entitled to some legal certainty on their fate.

"They have lost their rights to the land for 17 years. They never obtained any profit from their palm oil farms managed by PT BSMI. Those might be the reasons the resident vented their anger and fought back," he said.

According to Tisnanta, the National Land Agency (BPN), the plantation office, the Agriculture Ministry and other relevant agencies had failed to resolve the dispute.

"Given the fact finding team's recommendations, government officials have taken not a single concrete step to restore the rights of society," he said. Tisnanta added that the status quo seemed to be deliberately maintained, with the regent-elect having not yet been inaugurated.

Separately, Bandar Lampung Legal Aid Institute (LBH) director Indra Firsada warned that the conflict might possibly escalate if not managed seriously. "Residents have been demanding the revocation of PT BSMI's concession permit because PT BSMI has been accused of not compensating them for the land use," Indra said.

According to Indra, the company has not given residents compensation for the 7,000 hectares of their land that it has used for 17 years.

Meanwhile, Mukri Friatna, the Indonesian Forum for the Environment's (Walhi) campaign manager, said there had been political negligence in Mesuji. "Many from the political and bureaucratic elite are involved in the Mesuji case. Their involvement has caused obstacles in settling the case," said Mukri.

According to Mukri, the belated inauguration of Mesuji Regent-elect Khamamik also indicated the potential involvement of the political elite.

"The home minister issued a written authorization for [Khamamik's] appointment, but the Mesuji General Elections Commission and the [Mesuji Legislative] Council did not immediately respond to the minister's order. They said they were still waiting for the legal process to finish," Mukri said.

Lampung Police spokesperson Adj. Sr. Comr. Sulistyaningsih said that officers were still investigating the arson attack. "We are collecting more data, especially in connection with the text messages which we believe sparked the arson attack. We have yet to name a suspect," Sulistyaningsih said.

PT BSMI manager Efenddy Sam said that company employees had been placed on leave and all activities halted following the attack.

"We are waiting for instructions from the management before taking further steps. The fate of our workers will also wait for policies from the proprietor. The company has not obtained earnings so there is the possibility that the workers will be suspended or laid off," Efenddy said.

Hundreds of police dispatched to Mesuji as land dispute heats up

Berita Satu - February 27, 2012

Farouk Arnaz – Lampung Police have heightened security around facilities owned by plantation firm Barat Selatan Makmur Investindo in Mesuji district, Lampung, after an alleged attack by villagers on Saturday, the latest in a series of land dispute-related violence in the region.

Insp. Gen. Saud Usman Nasution, a spokesman for the National Police, said on Monday that hundreds of police officers from Lampung, the Mobile Brigade (Brimob) and nearby district Tulang Bawang had been dispatched to secure the plantation area. He said offices, employees' dormitories, a warehouse and a security post were set on fire in the Saturday attack.

"The Lampung Police have managed to identify the agent provocateurs and perpetrators in the case, based on video records," Saud said at National Police headquarters in Jakarta.

He said the attackers were from the nearby villages of Sritanjung, Keagungan and Nipah Kuning, and that they had also been involved in a November attack.

"The district administration, the land agency and the Indonesian House of Representatives are still actually trying to mediate the problem, but it isn't final yet and the people are getting impatient," Saud said.

The conflict between BSMI and residents of the three surrounding villages began 17 years ago, but remains ongoing to date as the company allegedly has not paid compensation for using the land as demanded by the locals, who have continued to claim it as their own.

Legislation & parliament

Nazaruddin's brother gets a slap on the wrist over ethics violation

Jakarta Post - February 28, 2012

Margareth S. Aritonang, Jakarta – The House of Representatives' ethics council has decided to retain Democratic Party lawmaker M. Nasir, whose brother M. Nazaruddin is facing graft charges, despite Nasir's apparent violation of the House's code of ethics.

"Nasir is proven guilty of violating the House's ethics by using his identity as a House member to visit his brother Nazaruddin [in prison]. We have issued an official warning to him, and suspended him from House Commission III, overseeing legal affairs," the House's council deputy speaker Siswono said.

M. Nasir has been transferred to House Commission XI overseeing finance, national development planning, banking and non-bank financial institutions.

Siswono did not explain why the House was retaining Nasir, but hoped that "errant lawmakers would realize their mistake and make amends by using their conscience."

Nasir made an unannounced prison visit to his brother Nazaruddin late in the evening on Feb. 8. The visit raised suspicions over a possible political intervention in the prosecution of Nazaruddin, a former Democratic Party treasurer, who is implicated in a bribery case connected to the SEA Games athletes' village in Palembang, South Sumatra.

House approves Rp 500 billion for maintenance of offices

Jakarta Globe - February 27, 2012

Ezra Sihite – The House of Representatives (DPR) budget committee approved a Rp 500 billion ($500 million) budget on Monday for maintenance of parliament buildings this year.

The figure was lower than the Rp 800 billion budget previously proposed by the House secretariat-general, committee deputy head Tamsil Linrung said.

Part of the allocated funds will finance renovation projects of the parliament complex, including one project that carries a price tag of Rp 20 billion.

Tamsil stopped short, however, of explaining what that particular project entailed, explaining that he was not aware of the details. The renovation work is nearly 90 percent complete, said the Prosperous Justice Party (PKS) politician.

The House has come under fire in recent years for lavish budgets. Critics alleged the body has used funds for not only costly new construction and maintenance, but also for trips abroad. High profile graft cases also eroded public trust.

Jakarta & urban life

Army hospital gang fight shocks Jakarta

Jakarta Globe - February 24, 2012

Ronna Nirmala & Zaky Pawas – Politicians and city officials were horrified when a group of mourners at Gatot Subroto Army Hospital in Central Jakarta were attacked by members of a rival gang on Thursday morning, killing two people.

"There is an act of gangstery occurring right in front of our eyes, in a hospital that is supposed to be guarded to create the feeling of safety and comfort," House of Representatives deputy speaker Priyo Budi Santoso said.

The Golkar Party politician said that such an incident at a facility owned by the military showed that thugs in Jakarta had shown no fear of authorities and law enforcers. He called on police to get tough on gangs operating in the capital.

"If it happened elsewhere in a market we would just feel sorry but not be shocked like we are now," Priyo said.

Jakarta Police spokesman Sr. Comr. Rikwanto said the incident occurred at 1.30 a.m. on Thursday when a group of some 20 thugs from the Jemi Berhitu gang were mourning the death of Bobby Sahusasilawane, who died at the hospital after an illness.

Armed with machetes and swords, another group of 50 people came in eight taxis and attacked the mourners. Stendli Wenno and Ricky Kutuboy died and four others were badly injured.

"We are still investigating the motive," Rikwanto said. "It is likely that the attack was planned because [the attackers] had prepared weapons."

Jakarta Police chief detective Adj. Sr. Comr. Herry Heryawan said police questioned the suspected leader of the attackers identified as Edward Tupessy, a.k.a. Edo Kiting. At the Jakarta Police headquarters, Edo said he did not attack members of the Jemi gang and said he had come to the hospital to mourn Bobby's death.

Jemi gang member Rudy Papilaya said that prior to the incident, Edo had argued with another Jemi gang member named Jefry Kailola. Edo insisted he had gone to the hospital to offer condolences to Bobby's family. "I even shook the hand of Jefry Kailola. It happened so fast I didn't know [the attackers]," he said.

The attack came after President Susilo Bambang Yudhoyono made a speech to "leave no room for thuggery" and "the state must not lose to thuggery." "But just 20 hours later, this group of thugs came and attacked another group inside a hospital belonging to the army," Indonesian Democratic Party of Struggle (PDI-P) lawmaker T.B. Hasanuddin said. "Thugs must be eradicated from top to bottom."

Jakarta Governor Fauzi Bowo said he was concerned with the recent brawls. "All citizens in civic organizations or other groups must maintain unity. That is our most valuable asset," he said.

National Police chief detective Comr. Gen. Sutarman said that police would not hesitate in using force to handle gang-related brawls. "When we encounter situations posing threats to society, we won't hesitate in using weapons," he said.

The incident came after the Jakarta Police shot and arrested notorious gang leader John Kei last week. John is believed to be responsible for the death of a businessman.

In Bali's Kerobokan prison, an inmate was stabbed by rival gang members, paving the way for a series of riots this week.

[With additional reporting from Fidelis E. Satriastanti & Ezra Sihite.]

Food stall owners slam Jakarta over new restaurant tax

Jakarta Globe - February 22, 2012

Ronna Nirmala – Streetside food stall owners dished it out to Jakarta's deputy governor on Tuesday, angry over plans for a new restaurant tax in the capital.

A number of small business owners from the Tegal Association met with Jakarta's second-in-command, Prijanto, to complain about a 2011 local regulation which came into force this year and levies a tax on food outlets with a daily turnover of Rp 550,000 ($61) or more.

The most common type of budget food stall in Jakarta is called a warung Tegal, or warteg for short. Tegal Association general secretary Arief Mukhtiono said the regulation would do more harm than good.

"As far as we are concerned, this is like trawling for tax. It won't just catch the big fish, but will affect the little fish too," Arief said. "In other words, the unemployed will end up paying for this, too."

Arief said warteg owners were concerned about the consumers who patronize their stalls but earn less than minimum wage. The government should remember, he said, that the tax would hit those who could least afford it.

"We hope this meeting was useful. The response from the deputy governor was positive. He said he would take the issue up with the legal services and taxation office and ask them to review the policy," the businessman said, adding: "Hopefully that wasn't a hollow promise."

Arief said the delegation had chosen to meet the deputy governor because Jakarta Governor Fauzi Bowo had already closed the door on negotiations over the policy. He also said it was not a problem that Prijanto's term in office was due to be over soon.

"The important thing is that we discuss this with the relevant authorities in the city administration. He [Prijanto] is a representative of the people, so he has a responsibility to defend their interests," Arief said.

He said the Tegal Association doubted the validity of the data used to pinpoint the daily turnover threshold above which a food stall must pay taxes. He also said he believed that the city had used "some random survey on the Internet" rather than conducting a proper survey on the streets of the capital.

He said the Tegal Association would conduct its own survey of turnover if necessary because it did not trust the finding that most wartegs turned over less than Rp 550,000 per day, or Rp 200 million annually.

"The tax officials arrived at the Rp 200 million figure via an Internet survey, so we are offering to make an independent study team to examine this, so that the threshold figure used is fair for everyone," Arief said at City Hall.

In addition to lobbying, several warteg owners were in the process of filing for a judicial review of the administrative decision behind the regulation, Arief said, adding that they were being assisted by the Indonesian Legal Aid Foundation (LBH Jakarta).

He said the ex-minister for finance, Rizal Ramli, was prepared to give evidence in the administrative appeal.

Criminal justice & prison system

Indonesia's Supreme Court upgrades 54-year-old definition of petty crime

Jakarta Globe - February 28, 2012

Ulma Haryanto – The Supreme Court issued a decree on Tuesday updating the definition and treatment of petty crimes, but observers said that because the new rules were only applicable to judges and not police or prosecutors, a more comprehensive revision was needed.

The new rules take into consideration the present-day value of the rupiah, which is far more inflated than in the 1960s when the Criminal Code was first issued.

Previously, a petty crime was defined as an act that caused a loss of less than Rp 250, a microscopic sum in today's Indonesia. The Supreme Court decree raises that threshold to Rp 2.5 million ($275).

Supreme Court spokesman Ridwan Mansyur Ishak said all amounts relevant to petty crimes "will be adjusted 10,000 times, including the fines."

The decree also orders expedited handling of such cases. "For cases with material losses less than Rp 2.5 million, the presiding judge has to proceed with 'a rapid examination,'?" Ridwan said, referring to an expedited court examination process that only requires one judge instead of a panel of three and can be completed in just a day.

Ridwan said this would effectively eliminate the need to detain a defendant in a petty crime during trial. "The court has been trying petty cases recently, and this is being scrutinized by the people," he told the Jakarta Globe on Tuesday.

Some recent high-profile petty crimes, such as that of Rasminah, a 55-year-old Indonesian grandmother convicted of stealing oxtail meat and plates, have led to criticism of the country's judicial system.

But because it only addresses judges, the Supreme Court decree does not mean cases like Rasminah's would no longer happen. "This decree only applies to the Supreme Court but not to the police and prosecutors," legal analyst Bambang Widodo Umar said. This is why the decree should apply to the entire Criminal Code, he said.

Police detained Rasminah for four months without legal assistance before her news of her case broke and the subsequent public outrage led to her release.

Kiagus Ahmad of the Jakarta Legal Aid Foundation (LBH) said other aspects of the Criminal Code needed to be updated as well. For example, the article on "unpleasant conduct."

"The smallest insult can get a person detained up to five years, since it does not clearly define what 'unpleasant' is," he said. In January, an 11- year-old boy was charged with unpleasant conduct in Sidrap, South Sulawesi, after a stone he threw apparently hit the house of a local businessman.

Kiagus added that the court decree "should be followed up by a stronger legal product."

"We still have to appreciate what the Supreme Court did, but if we take a look at the police's detention facilities, they are full right now because of petty crimes," he said. "It is very important to have this synchronized with the police and prosecutors as well."

Eva Kusuma Sundari, a lawmaker from House of Representatives Commission III overseeing legal affairs, said a plan to revise the Criminal Code had been around for quite some time. "The Ministry of Justice and Human Rights first initiated the revision, but it went nowhere for 13 years," she said.

Wahiduddin Adams, director general for legislation at the Justice Ministry, said his division would consider the court decree "where appropriate."

On Tuesday, the Supreme Court also released its "annual achievements" for 2011 in which it praised itself for what it called "the court's serious efforts to improve and change."

After Bali prison riot, criticism of packed Indonesian jails

Jakarta Globe - February 23, 2012

Made Arya Kencana, Farouk Arnaz & Ezra Sihite – Calls mounted on Wednesday for the government to deal with the chronic overcrowding of its jails and detention facilities following the latest bout of violent unrest to hit Bali's packed Kerobokan Prison.

For the second time in a week, widespread violence broke out at Kerobokan, with prisoners rioting and taking over the jail on Tuesday night. Police and soldiers needed 11 hours to re-establish control, and they had to call in hundreds of officers and water cannons to do it.

Three inmates and one officer were rushed to the police hospital in Denpasar for injuries sustained during the violence, police said.

Rioters set fire to the administrative offices of the jail and the flames burned nearly everything inside, including documents and money stored there and an armory containing firearms and ammunition. None of the prisoners escaped, an official said.

National Police spokesman Insp. Gen. Saud Usman Nasution said in Jakarta on Wednesday that inmates had locked the jail from inside and pelted incoming police with stones and cement blocks. Only 20 guards were on duty on Tuesday night, and they had been forced to flee in the face of overwhelming numbers.

Later on Wednesday, at 10:15 p.m., rocks and two fuel bombs flew from inside the prison. Police and military officers on standby outside responded by opening fire, a journalist there said.

Police immediately cordoned off the area. The prisoners were demanding the release of the three inmates who were shot and taken to the police hospital earlier.

Gatot Goei, deputy program director for the Center for Detention Studies, said the clear cause of the Kerobokan violence was overcrowding. Citing data from the directorate general for penitentiary affairs, he said there were 1,015 people detained in Kerobokan, which is 315 percent of its capacity.

"The question is why nothing has been done to handle this known overcrowding," Gatot said in a news release. He said his organization was calling on the government to seek ways to immediately alleviate the overcrowding at Kerobokan.

The statement suggested allowing prisoners convicted of trivial crimes to serve their sentence outside of the jail or be given conditional release. House or city arrests could also be an option for petty offenses.

The government could grant pardons for petty criminals who had served at least two years in jail, juvenile, elderly and handicapped convicts, it added. Drug users, it continued, could be moved to rehabilitation centers.

"Complete the construction of jails and detention facilities across Indonesia as soon as possible," the center advised. Finally, it said, although it was obvious that steps needed to be taken to deal with the overcrowding, nothing had yet been done.

Aziz Syamsuddin, deputy chairman of House of Representatives Commission III on legal affairs, said the issue of jail overcrowding must be addressed.

He said that although drug users were scheduled to be moved to a rehabilitation center in Bali, that facility was only expected to be completed next year. A special facility for women and children is still waiting to be built on the resort island.

With such packed prisons, he said, violent outbursts should come as no surprise. Other jails in the country, Aziz said, suffered from the same problem. "We demand that this be settled," he said, adding that despite available funding there were no new jail construction or expansion plans in the works.

Aziz said the Nusakambangan island prison off the southern coast of Central Java could accommodate more detention facilities if necessary. He added that jails should use conditional releases and sentence cuts as part of efforts to reduce overcrowding.

Police & law enforcement

BIN member, police informant burned to death by mob

Jakarta Post - February 28, 2012

Apriadi Gunawan, Medan – A member of the National Intelligence Agency (BIN) and a police informant were confirmed to have died in a mob killing in Deli Serdang regency, North Sumatra on Sunday evening.

The victims were identified as Ricardo Jefri Sitorus, 24, and Christian Marko Siregar, 24, both residents of Jalan Perkutut Medan, 24. The police said Ricardo was a BIN member while Christian was a police informant.

Both were set on fire by a mob on Sunday at 11 p.m., their bodies were later brought to Adam Malik Hospital in Medan for autopsy. The bodies were reported to be in a very bad condition with Christian's body missing two legs while Ricardo was burned all over.

Based on police information, Christian and Ricardo were at Lau Bekri village, Kutalimbaru district, Deli Serdang regency to raid a gambling den. They came in a team with a police brigadier and another two people who, the police confirmed, were also police informants.

North Sumatra Police spokesperson Heru Prakoso said that information regarding illegal gambling had been sent by a military officer identified as S to the police brigadier identified as AZ. The team was dispatched to raid the house where the gambling was taking place.

"When they arrived at the house, the owner, named Kelana, was inside. Brigadier AZ and his four colleagues tried to apprehend him but Kelana yelled 'thieves!' at them. The residents of the neighborhood came in a mob and chased the team," Heru told The Jakarta Post on Monday.

Their car was stopped and blockaded by dozens of motorcycles at Glugur village. The mob surrounded the car but the five remained inside. They got out of the car after the village head arrived at the location.

The village head called the local police, but when police personnel from Kutalimbaru station arrived to bring the five team members to the station, the mob turned violent.

Some of them dragged Ricardo and Christian to the car, Brigadier AZ managed to flee to the police station and the other two fled into the woods. Witnesses said that before being burned, the two victims were severely beaten and pushed under the car. "The mob beat them to death and burned them with their car," Ali, a resident of Kutalimbaru, said.

Police spokesperson Heru said that the police were hunting down Kelana, alleged to be a bookie.

Meanwhile, Christian's family has denied that he was a thief. "They were not thieves. I can't accept that. They were beaten and burned to death," Wilmar, a relative of Christian, said at Adam Malik Hospital. Wilmar said that he did not know that Christian was a police informant. He said Christian worked for a car rental company.

According to data revealed by the Commission for Missing Persons and Victims of Violence there were 25 incidents involving mobs in the past year, resulting in two deaths and injures to dozens of people.

Mob killings of police officers have occurred in the past. A policeman in Banjarmasin, South Kalimantan, was beaten to death in 2009 after having being loudly denounced as a thief by local people. Two more officers were victims in later, separate incidents.

Two residents burned to death over cattle theft rumor

Jakarta Post - February 27, 2012

Jakarta – Residents of Lau Bekeri village in Kutamlimbaru, Deli Serdang, beat up two residents, identified as Ricardo and Kristian, and then burned them to death on Sunday evening.

The residents blamed the two for allegedly being involved in stealing cattle. An eyewitness identified as Bob said that Ricardo and Kristian were riding in an Innova car.

"Someone suddenly shouted [at Ricardo and Kristian] and residents chased them," Bob said as quoted by kompas.com on Monday. The residents destroyed the car with sticks and machetes and eventually set Ricardo and Kristian ablaze.

Experts criticize problematic police promotions

Jakarta Post - February 24, 2012

Dicky Christanto, Jakarta – Police experts have expressed concerns over the National Police headquarters' decision to promote certain high police officials who had been the subject of past graft allegations.

Critics have said that there must be something very wrong with the police's internal merit system.

"Ideally speaking, positions of high responsibility must be given to the best officials. Thus, if police leaders put problematic generals on a list of promotions then God only knows what will happen to the entire force," University of Indonesia police expert Bambang Widodo Umar told The Jakarta Post on Friday.

Three high police officials, who not long ago fell under serious scrutiny over allegations of misconduct – Brig. Gen. Edmon Ilyas, Brig. Gen. Raja Erizman and Insp. Gen. Budi Gunawan – are each in line for promotions. Both Edmon and Raja were accused of involvement in the Gayus Tambunan bribery cases, while Budi Gunawan was mentioned as among a group of police generals with dubiously high savings and assets.

Indonesian Police Watch (IPW) coordinator Neta S Pane said that neither Raja nor Edmon deserved to be promoted. "These two generals leave a trail of bad news behind them, including unfinished legal processes. They should be held legally responsible over the Gayus bribery case," he said.

When asked about Budi Gunawan, Neta acknowledged that he faced difficulties labeling Budi as one of the problematic generals simply because he had never been investigated. "I don't have sufficient basis to call Budi deviant, unlike Raja and Edmon, who had stood before police ethics inquiries," he said.

Commenting on this, National Police spokesman Insp. Gen. Saud Usman Nasution said police leaders considered that it was the time to move on by promoting the generals. "Both Edmon and Raja had been punished and have learned their lessons. According to the latest monitoring results, they are both ready to move on," he said.

Mining & energy

Lawmakers object to fuel price hike

Jakarta Post - February 28, 2012

Margareth S. Aritonang, Jakarta – Members of the House of the Representatives are showing opposition to the government's plan to increase fuel prices that they suspect is driven by a "political motive".

"I object to the plan because the President has previously said that he would provide financial aid to the people. I am afraid that the aid refers to direct cash assistance (BLT), which was used as a tool to win the previous presidential election," People's Conscience Party (Hanura) lawmaker Akbar Faisal said during the House's plenary session on Tuesday.

"Therefore, I urge the House to carefully decide [whether or not to approve the proposal]," he added. He pointed out that any policies should be carefully established when approaching the 2014 legislative and presidential elections because the ruling party might abuse their power for political interest.

Totok Daryanto, a National Mandate Party (PAN) lawmaker, said that he was not sure that the increase in fuel prices would save the state budget as proposed by the government.

"The government must dare to save expenses in other sectors to save the state budget, instead of using a fuel price hike plan as a reason," he told reporters on the sidelines of the session.

Indonesia's mining sector royalties too low: Hatta Rajasa

Jakarta Globe - February 22, 2012

Arientha Primanita – A senior minister on Tuesday called for a renegotiation of royalty fees paid to the government by US-owned mining giants Freeport Indonesia and Newmont Nusa Tenggara.

Hatta Rajasa, the coordinating minister for economic affairs, said royalty fees paid by mining companies, especially Freeport, were not big enough. "Now, it is only at 1 percent, it is very small," Hatta said, referring to the royalty Freeport pays the government on its total gross sales.

The government is in the midst of contract renegotiations with Freeport, and has said it wants to reassess contracts with other miners.

Freeport Indonesia, the local unit of Freeport-McMoRan Copper & Gold, the world's largest publicly traded copper producer, operates the Grasberg gold and copper mine in Papua. Newmont Nusa Tenggara is the Indonesian unit of Newmont Mining. NTT, which signed its contract with the government in 1986 to operate the Batu Hijau gold and copper mine in West Nusa Tenggara, pays royalties of 1-2 percent on its gold production.

Hatta did not disclose the royalty level the government was seeking from the two miners, saying that was still to be renegotiated. "We cannot say it now," Hatta said.

A 2003 government regulation – No. 45 on tariffs on non-tax state revenue applicable to the Ministry of Energy – stipulates that mining companies have to pay 4 percent as royalty for copper, 3.25 percent for silver and 3.75 percent for gold.

But the Indonesian legal system does not recognize the principle of retroactivity, which means terms agreed to in contracts signed before the 2003 law take precedent.

Freeport's Jakarta spokesman, Ramdani Sirait, said the miner paid $2.4 billion to the Indonesian government last year.

Ramdani told Suara Pembaruan, a sister publication of the Jakarta Globe, that the payment consisted of $1.6 billion in corporate tax and employees' income tax. There were also other levies imposed by local governments that were valued at $397 million, royalties of $188 million and dividend payment to the government of $202 million. NNT spokesman Rubi Purnomo was not immediately available for comment.

A more recent mining law issued in 2009, Hatta said, regulates four main issues: government revenue and royalty fees; miners' obligations to process the raw materials in the domestic market; miners' obligation to divest a stake to local owners; and the size of the mining concession areas.

Hatta said renegotiations of mining contracts were mandated by a presidential decree issued earlier this year. "So, for the renegotiations, they [the results] should be better than the previous ones, its royalties should be better, [minerals] should be processed in the domestic market and there should be a divestment plan," Hatta said.

Hatta, who was named chairman in the renegotiation team by the government on Jan. 10, gave no further details.

Energy Minister Jero Wacik is the team's operations chairman while Thamrin Sihite, the director general of minerals and coal at the Energy and Mineral Resources Ministry, was appointed secretary general of the renegotiation team.

Freeport on Friday said it believed the contract was fair to all parties but that it would cooperate with the government in its review. It also said the contract could only be modified by mutual agreement.

The Freeport mine has been the site of unrest in the past year, with a prolonged strike and acts of violence affecting operations.

Analysis & opinion

President Prabowo looks good to voters tired of corrupt political elite

Jakarta Globe - February 28, 2012

Yohanes Sulaiman & Phillip Turnbull – On Saturday, the violence-wracked Mesuji district in Lampung again grabbed the headlines as a riot took place, with hundreds of villagers burning down buildings belonging to Barat Selatan Makmur Investindo, a Malaysian palm oil company.

A day before, in Jakarta, disgraced tax official Dhana Wiyatmika earned the dubious honor of being called the "new Gayus," for allegedly having more than Rp 100 billion rupiah ($11 million) squirreled away in various bank accounts.

These disturbing developments form the backdrop for continuing revelations about politicians under investigation for fraud on a monumental scale and show that almost 14 years after the fall of Suharto, not much has changed in Indonesian politics. It is in this light that we should view the apparent rise of Prabowo Subianto on the political scene.

With the public asking serious questions about the country's future, the so-called reformist government remains in paralysis. The Economist wrote last week that "barely half-way through his second term," President Susilo Bambang Yudhoyono "already looks like a lame duck." More than 50 percent of his orders go unheeded, the magazine said.

Then, in a press release that shocked many, the Indonesian Survey Institute (LSI) announced that Prabowo, a former general who has been accused of serious human rights abuses, came in a strong second in a survey of the electability of potential presidential candidates. He beat out the likes of former Vice President Jusuf Kalla, Golkar Party chairman Aburizal Bakrie and Hatta Rajasa, the coordinating minister of the economy and the National Mandate Party (PAN) head.

While Prabowo still finished behind former President Megawati Sukarnoputri, the chairwoman of the Indonesian Democratic Party of Struggle (PDI-P), many analysts believe that Megawati's support base has reached its limits, with few people impressed with her record as president. But Prabowo's hasn't.

Not surprisingly, a human rights group immediately blasted the survey as flawed because it didn't consider the records of the potential candidates. Yet, the results might not be that far off, and indicate that the Indonesian political mentality is still wedded to the past. Politicians, rather than behaving as servants of the people doing their best to provide solutions to the nation's problems, behave like petty autocrats, whose whims and demands need to be satisfied.

In Indonesia today, the country has lots of small autocrats doing whatever they like with impunity. Suharto back during his rule got away with his strong fist and strong economic growth. Carrot and stick, many loved it. He provided order and prosperity, and a certainty that "bapak" knew what was best for the country. Sure, there was a lot of corruption and utter disregard for human rights, but many felt that was a fair price for good economic policy.

The blame for the rising acceptance of the new authoritarianism can be placed squarely on successive governments that monumentally failed to grasp that politicians are public servants and responsible to the people they govern.

As with any authoritarian ruler, most Indonesian politicians appear fiercely resistant to being questioned, having their performance examined, their results evaluated and their bank accounts scrutinized. And as often as not, when they are asked to explain themselves, they are suspected of lying.

Two politicians were pointedly reminded in court last week that they were under oath and required to tell the truth and warned of the seriously consequences of perjury. A public campaign briefly urged them likewise. Clearly there is a perception out there that some politicians are ethically immature and devoid of integrity.

Politicians could avoid this by being transparent, showing to the public that they have nothing to hide. And yet, since the fall of Suharto, Indonesian politicians have been unable to decide whether politics is an exercise in public and open governance or a matter of private and hidden commercial business transactions.

The day-by-day revelations of tainted government would indicate the dominant mentality veers toward the latter view. Nothing is sacred. Even hajj funds entrusted by the devout to the Ministry of Religious Affairs are suspected of being misappropriated. With everything being swept under the rug, hidden from the plain view, abuses and corruption grow unchecked.

We can all imagine politicians sitting around in a coffee shop in the foyer of the House of Representatives, plotting deals and corruption. Some politicians apparently think the country is best governed when they behave as if there are no people in the country – only themselves and the treasury.

There is a sense that the ruling political elite does not have a clue how to govern, as Yudhoyono's government seems to be running from one scandal to another. Seeing little leadership at top and being fed a daily diet of scandals, people feel our politicians are taking their wages unfairly. They reap where they do not sow. As a result, even though the economy is growing, disappointment in the government keeps increasing.

Thus, in these times of crisis people look for stability. That may well explain the increasing wave of nostalgia, as people recall the "good" old days when life was so simple and at the same time prosperous. Even if it wasn't. This, in turn, leads to the rise of Prabowo. Regardless of his human rights record, at least to some it seems that finally here is someone with the guts and charisma to get things done. The big question is: if elected, what will he get done and how will he do it?

In reality, there are no indications that any of the current potential candidates are capable of offering anything new.

What they all have in common is the collective mind-set that says government is best done on the basis of a network of relationships of elected and non-elected elites and their cronies. Only this results in deals getting done, money being made and power being consolidated and handed on in a dynastic fashion, with the public placated or too intimidated to complain.

To be sure, this is a variation of authoritarianism. They may have different names, but the tactics indicate that Indonesia is politically dominated by a one-party system of government – because all parties seem to be doing things the same way.

This is ultimately unworkable. Until someone steps up and has the courage, wisdom and will to break with the authoritarian past, Indonesia will continue to evolve as a booming economy that does not provide economic and social benefits to the nation but only to a few. It will be a limping democracy, hamstrung by material success that is not accompanied by political reform.

That would leave the country ripe for the continuous picking and plundering of the various mobs that keep it in line, both within the House and on the streets.

[Yohanes Sulaiman is a lecturer at the Indonesian Defense University (Unhan). Phillip Turnbull is a theology teacher based in Jakarta.]

Turning the tide in Indonesia's chronic land conflicts

Jakarta Globe - February 27, 2012

Inggrid Galuh Mustikawati – The early months of 2012 have seen several violent land disputes in Indonesia. The latest ones – in Bima, West Nusa Tenggara, and in Mesuji, Lampung – both involve a mix of local residents, private companies and the government, and they both have roots in land seizures. They also resemble most present-day conflicts, in that they are the direct consequence of unjust policy choices, widening socioeconomic gaps and increasing competition over scarce resources.

Knowing this, what can we do to prevent further violence? The government, which is ultimately responsible for all land-use policies, holds the key.

Late last year, three civilians were killed in a clash with security forces during a protest over gold prospecting activities in Bima. Weeks earlier, farmers from Mesuji presented a video to legislators that they claimed showed security forces murdering residents in a bid to evict them from their land.

But there are also good examples of conflict resolution in Indonesia. Aceh and Poso in Central Sulawesi, both wracked by years of violence, come to mind. In these cases, the government proved it was capable of ensuring a win-win outcome. Compromise was crucial in both cases, in addition to keen observation of the realities on the ground.

But these examples are exceptional. Every region has different social and cultural characteristics, and peace must always be seen as a process that needs monitoring, not as a given. The proper approach to conflict resolution anywhere must consider local wisdom and involve everyone who may be directly or indirectly affected by the conflict, including women, children and other marginalized groups.

Ad hoc "solutions" are unlikely to last, since they rarely address the roots of the problems. And in Indonesia's decentralized political landscape, the people are clamoring for bottom-up solutions rather than the top-down settlements of old.

But money still talks. Those eyeing access to scarce resources, including mining companies, have proven they can more easily secure favorable decisions to protect their prize with bribes than by dialogue with people whose rights may be violated by their operations.

Action is needed in at least four areas to address the root causes of conflict.

First and foremost, the issue of licensing is crucial. The government needs to rearrange existing laws and overlapping regulations. For example, there are overlaps in the licensing of plantation areas that are targeted by both mining and forestry operators.

Elsewhere, protected forests have been used in ways that threaten environmental sustainability, a practice that can often be traced back to unfinished spatial plans at the provincial level.

Proper licensing not only affects conflict resolution, but also investment. When investors have to deal with long and complicated licensing procedures, including compensation payments, and then are still confronted with overlapping licensing, they will think twice about coming to a certain area.

And when investments are finally made, other problems often arise because of licensing ambiguity. Local people's rights to land are often not respected. Companies may obtain licenses to exploit a certain area from the government, but customary land rights are often overlooked in this process.

Local communities also often experience the negative side effects of exploitation, such as pollution. It is these kinds of license-related problems that create dissatisfaction with pro-investor government policies.

Second, the National Land Agency (BPN) needs to be reformed. With land conflicts happening all over the country, it is fair to question the BPN's role in the situation. Where is the BPN when a conflict over land arises?

As a nondepartmental government agency that reports directly to the president, the BPN has been tasked with coordinating across sectors at both the national and regional levels. The agency should manage land use in such a way that guarantees the people's welfare. It is well positioned to solve disputes over land, but in many cases, the BPN has acted on behalf of investors, neglecting the public interest.

Third, all government bodies involved in land-related decisions must get together and streamline their procedures. It is important to establish continuous coordination between the BPN, the Forestry Ministry, the Energy and Mineral Resources Ministry, regional authorities and other stakeholders to prevent overlapping responsibilities and jurisdiction – problems that are at the root of overlaps in licensing.

Fourth, the process of drafting bills related to land-use issues needs to be constantly monitored. Only then can we prevent the House of Representatives in Jakarta from passing bills into law that turn out to be counterproductive out in the regions.

One final, necessary step to prevent an explosion of land conflicts across the archipelago is to guarantee the neutrality of law enforcement officers. This is essential to ensure justice.

The crux of the problem is that the people at the grassroots level will always bear the brunt of bad regulations and bad policies, and it is clear the licensing issue should be part of any solution. We can hardly expect officials to uphold the law when they are faced with a variety of overlapping licenses in the same area that might all be legally sound documents.

A lot of work is needed to end the cycle of violence over land rights. But with centralized licensing, a revitalized BPN that prioritizes the people instead of investment, streamlined government procedures and the supervision of land-related bills at the House, we might just be able to turn the tide.

[Inggrid Galuh Mustikawati is a researcher at the Habibie Center in Jakarta.]

Infamous haj management

Jakarta Post Editorial - February 24, 2012

Organizing a massive movement of people for quite a long period of time with complex human relations and managerial problems, like the 40-day-long Indonesian haj pilgrimage, is indeed not an easy task for the government – in this case the Religious Affairs Ministry.

Add to that minimum transparency and bureaucratic procedures that create loopholes in the haj organization system, the annual Islamic ritual to Mecca, Saudi Arabia, is therefore prone to abuse and corrupt practices by the ministry officials.

It was Busyro Muqoddas who uncovered the alleged misuse of the massive haj fund, accumulated from 1.4 million prospective pilgrims, by the ministry. Addressing a hearing with the House of Representatives' Commission VIII on religious, social and women affairs on Tuesday, the deputy chairman of the Corruption Eradication Commission (KPK) said there were irregularities in the use of interest proceeds worth Rp 1.7 trillion (US$188 million) from the management of the haj fund, which was worth Rp 32 trillion.

The interest proceeds allegedly derive from the deposited funds of numerous pilgrim candidates on the waiting list. "The longer the waiting list, the bigger the chance of misusing the money collected from pilgrims, as it might surpass their actual pilgrim expenses," Busyro told the Commission members.

He added that the anticorruption commission had found that pilgrims had suffered losses from their haj deposits as the Haj Management Agency had eventually refused to refund them for overpaying or to pay the interest generated from pilgrims' initial bank deposits. These funds are believed to be unaccounted for, with no officials ever attempting to clarify where the funds are going.

The revelation by Busyro only confirmed the public perception survey by the KPK last year, which ranked the Religious Affairs Ministry as the most corrupt institution in the country.

Another example of alleged corrupt practices in the haj organization was the unclear distribution of the extra 10,000 seats granted by the Saudi government last year from the original 201,000 seats. Many have alleged that the larger number of the extra seats had been granted to premium haj service participants, instead of the regular ones.

Apart from the haj funds management, the Religious Affairs Ministry has been under severe criticism for its inability to reduce the pilgrimage duration for the regular haj service of 40 days, unlike the private sector-run premium "ONH Plus" haj service which lasts three weeks only. A shorter pilgrimage time would thus reduce the cost of the haj service, particularly the regular one.

It is true that the cost for the premium haj service at least doubles – some even triples – the ordinary haj service. But, it is wrong to say that higher service cost would necessarily mean an efficient and effective haj service. The problem apparently rests with the management of pilgrims' transportation to and from Saudi Arabia's entry point of Jeddah airport.

It is obvious that Indonesia, despite sending the largest number of pilgrims annually, has been treated equally with other countries which send much smaller numbers of pilgrims – each country is allocated one slot at the Jeddah airport. It remains unclear whether Indonesia has negotiated for one or more extra slots with the Saudi authorities in order to help smooth the flow of our massive number of pilgrims and thus reduce their length of stay in the kingdom, which in the end would reduce the overall cost of the haj.

The problems surrounding the haj management are obvious. And the recipes to tackle the chronic problems are equally observable. The question now is the willingness to settle them.

Indonesian faces jail for saying 'God does not exist' on Facebook

Direct Action - February 22, 2012

James Balowski, Jakarta – A civil servant who posted "God does not exist" on his Facebook page has been arrested and charged under Indonesia's draconian anti-blasphemy law. He faces a maximum sentence of five years in jail if found guilty.

Thirty-one-year-old Alexander Aan was taken into "protective custody" on January 17 after being attacked and beaten by a group of men – believed to include government officials – when he arrived for work at the Dharmasraya Development Planning Board in Pulau Punjung, West Sumatra. None of his assailants have been charged, and he has been threatened with losing his job.

Dharmasraya police chief Chairul Aziz told the Jakarta Globe that Aan – who said he was born a Muslim but ceased religious activities in 2008 – moderated a Facebook account titled "Ateis Minang" (Minang Atheists) and had written in an update, "God does not exist".

Aziz said the key issue was that Aan used the Koran to highlight his atheist views. "So it meets the criteria of tainting religion, in this case Islam", he told the Jakarta Post, claiming that Aan "triggered unrest among local residents". Aziz said that Aan declared he did not believe in angels, devils, heaven and hell, as well as other "myths", and was prepared to lose his job to defend his beliefs.

Dharmasraya regent Adi Gunawan said he has not yet decided whether to dismiss Aan. "I will await the legal process and decide later about his employment status", Gunawan told the Post, adding, "I told him that there was no place in this country for his beliefs". Gunawan also said he would be taking additional steps to strengthen religious understanding among civil servants working in his region, although he said he had not yet found any other "atheist civil servants".

Death penalty

The Dharmasraya district branch of the Islamic Ulema Council (MUI) and other Islamic organisations say that Aan defiled Islam by using passages from the Koran to deny the existence of God. Gusrizal Gazahar, head of the West Sumatra MUI chapter, said if he refused to repent, Aan should lose his job. "I want him to be fired" he told the Globe.

The Islamic Society Forum (FUI) – an umbrella group for several hardline groups that have been behind a series of fatal attacks on religious minorities – said a five-year jail term would not suffice. "He deserves the death penalty, even if he decides to repent. What he has done cannot be tolerated", FUI secretary general Muhammad al-Khaththath was quoted as saying by AFP on February 2. "It is important to prevent this group from spreading atheism in this country."

Indonesia has experienced a spate of attacks on minority religious groups in recent years by Islamic lynch mobs backed by hardline groups such as FUI. The country's judiciary is notoriously unsympathetic towards their victims. In February 2011 three members of the Ahmadiyah religious sect were killed in a mob attack. Those convicted over the attack received light sentences of between three and six months, while one of the Ahmadiyah survivors got six months for attempting to defend himself and his colleagues. Many of the attacks against the Ahmadiyah community have been justified on the grounds of a 2005 fatwa or edict issued by MUI calling on Ahmadiyah to be disbanded because it is deemed to be heretical and blasphemous. Police now say that Aan my also be charged with falsifying documents because he ticked Muslim when he applied to become a civil servant. "He said he was an atheist, but when he applied for a job as civil servant he said he was Muslim", Aziz told the Globe.

Aziz claimed that although Aan had expressed his willingness to return to Islam, it would not be enough to escape punishment. "He expressed his intention to convert to Islam but he has not performed an Islamic declaration of faith. Even if he does so, he still can't escape from justice due to his blasphemous act", Aziz said.

Online media outlet Padang Ekspres, however, reported that during Aan's interrogation police officers forced him to pick one of the six state- approved religions, even though he insisted he was an atheist.

Faith crimes

Although Indonesia's constitution guarantees freedom of religion, the 1965 blasphemy law recognises only six faiths: Islam, Buddhism, Hinduism, Catholicism, Protestantism and Confucianism. Other religions – Indonesia has around 250 different faith groups – are officially banned.

As a result, people are often forced to choose one of the six when applying for identification cards or other essential documents. In cases where a person refuses to choose from an officially sanctioned faith, the religious status on their ID card is left as a hyphen in brackets or the word "group", leaving them vulnerable to suspicion and institutionalised discrimination. This creates numerous obstacles, particularly during the birth of a child, a marriage or registering for schooling, and regulations on civil registration can prevent non-recognised faiths from obtaining basic civil rights. In 2006 a public administration decree was issued allowing the religion section on an ID card to be left blank, but this has rarely been implemented, and leaders of non-recognised faiths argue that this still denies them the right to have their faith recognised. Rights activists have recommended that "religion" be removed from ID cards altogether.

Blasphemy, which carries a five-year sentence, is defined under the Criminal Code as "publicly expressing feelings or doing something that spreads hatred, abuse or taints certain religions in a way that could cause someone to disbelieve religion". By prohibiting any alternative interpretations of the official religions, the law gives the government the right to restrict and ban "deviant sects" and imprison their followers for faith crimes – effectively destroying the separation between church and state.

In February 2011 controversial preacher Antonius Bawareng was sentenced to five years in prison for blasphemy. An Islamic mob that had called for him to be executed later protested the "lightness" of the sentence by vandalising three churches in East Java. In June 2009 the leader of the Eden Community spiritual movement, Lia Aminudin, was sentenced to two-and-a-half years for blasphemy, having already served a jail term for the same "crime" in 2006 along with two other Eden Community leaders. In April 2008 Abdul Salam, the self-proclaimed prophet and founder of the Islamic sect Al-Qiyadah Al-Islamiyah, was sentenced to four years' imprisonment for blasphemy. In 2006, 41 people were detained on blasphemy charges in connection with a video allegedly insulting the Koran and sentenced to five years in prison each. In the most recent case, in December last year, a court sentenced a US man to five months in jail for blasphemy for pulling the plug on a mosque's loudspeaker during a prayer reading.

Despite numerous calls by Indonesian and international human rights organisations, the government of President Susilo Bambang Yudhoyono has refused to annul or review the blasphemy law or other legislation that restricts religious freedom. In April 2010 the Constitutional Court rejected a judicial review of the blasphemy law, arguing that it "is still needed to maintain public order among religious groups".

The official state ideology of Pancasila includes the principle of a "belief in one god", which excludes both atheism and polytheism. The criminalisation of atheism has its origins in the New Order regime of former President Suharto, which seized power in 1965, killing as many as 1 million communists and left-wing sympathisers and interning hundreds of thousands of others without trial. The New Order treated atheism as an enemy of the state because, like communism, it rejects religion, and atheists had to declare themselves Muslims or Christians or face imprisonment or death. A 1996 Provisional People's Consultative Assembly decree banning communist or Marxist and Leninist teachings is still in force, and the public advocacy of atheism or "unauthorised" religious views is illegal.

The close relationship between the church and state is also institutionalised in the Religious Affairs Ministry, which aside from being responsible for determining the policies and direction of the religious system, including its higher education component, also holds a monopoly over the highly lucrative and graft-ridden hajj pilgrimage to Mecca. Rated by Transparency International Indonesia as one of the most corrupt institutions in the country, the ministry, according to Indonesian Corruption Watch, is sitting on as much as US$3.16 billion in deposits obtained from inflated fees collected from the 200,000 or so Indonesians who take part in the pilgrimage each year. In November the ministry was among the worst scorers in the Corruption Eradication Commission's national integrity survey.

In recent weeks there have been renewed calls from rights activists, moderate religious leaders and even lawmakers for the dismissal of Religious Affairs minister Suryadharma Ali – chairperson of the conservative Islamic-based United Development Party (PPP) – who has been widely criticised for fanning the flames of religious intolerance and using the ministry to garner electoral support for the PPP. There have even been suggestions that the ministry be disbanded altogether for its failure to safeguard and promote religious harmony.

Rallying support

Fellow Indonesian atheists have rallied around Aan, urging him to stand behind his convictions. "Dear Alex, stick to your beliefs. This country has no right to restrict your faith", Fahd Singa Diwirja wrote on the Ateis Minang Facebook page. "You're facing narrow-minded people, but this is the true Indonesia, a fertile ground for the spread of fundamentalism", Diwirja said advising Aan to escape persecution by seeking asylum in a European country.

A member of a 600-strong atheist organisation in Jakarta – who declined to be identified over fears for his safety – said the case was a clear breach of human rights. "If MUI thinks that there's an imaginary friend up there, it doesn't mean people should believe it", he told the Globe. "Why is it that we cannot criticise religion? This is against freedom of expression and human rights."

Indonesian human rights groups have reacted with dismay. National Commission on Human Rights chairperson Ifdhal Kasim urged the police to remain neutral and not be forced to act by the majority. "They should protect freedom of expression, instead of listening too much to the majority", Kasim told the Globe. He also lashed out at MUI, saying the body was not even a state institution. "If everyone does whatever MUI says, the law will be absurd."

MUI, the country's top religious body, which according to TII routinely accepts bribes related to the management of halal (permitted under Islam) certificates, has been ridiculed in recent years for issuing a plethora of religious edicts against everything from yoga and Valentine Day to women straightening their hair and premarital photographs. It has also campaigned against Facebook – which it claim promotes immorality and promiscuity – but stopped short of issuing a fatwa against the site, fearing a backlash due to its enormous popularity among Indonesia's predominantly Muslim population.

International campaigns

Aan has also gained support from the US-based International Atheist Alliance. The group, together with Ateis Minang, has written to President Yudhoyono, calling on him to ensure that the blasphemy allegations are dropped. "This is a law that has been used to promote mob violence and intimidation against those who do not agree with... vigilante groups", said the letter, copies of which were also sent to the United Nations and US- based Human Rights Watch. In a statement released on January 26, the International Humanist and Ethical Union (IHEU) – a global union of more than 100 humanist and atheist groups from 40 countries including Indonesia – called on the Indonesian government to guarantee the Aan's freedom and safety.

"The real crime here is the physical assault on Aan, not his expression of his personal beliefs", said IHEU international representative Matt Cherry. "We have therefore requested that the UN raise Aan's case with the Indonesian authorities. We believe Indonesia should drop all charges based on Aan's beliefs and statements and that they should guarantee his safety from the violent mob that attacked him. We also call on Indonesia to change the laws that deny its citizens their right to identify as non-religious."

In a statement released on January 25, the Atheist Alliance International (AAI) demanded that the Indonesian government support freedom of speech and freedom of conscience by immediately releasing Aan and dropping all charges, pursuing the perpetrators of the physical attack against Aan and repealing the country's oppressive anti-blasphemy legislation.

"Alexander simply expressed his view that there is no god. In contrast, his attackers assaulted a real person and must be brought to justice", said AAI president Tanya Smith. "Indonesia's anti-blasphemy laws are an appalling relic from the country's period of dictatorship. They should be repealed as an essential step towards the freedom of Indonesia's people and the country's participation in the modern world."

AAI has also launched an appeal for donations to help pay for Aan's legal costs and to support his family while he is in jail. Petition campaigns supporting Aan and calling for his release have also been organised by change.org and the Malaysian Atheists Organisation.

Speaking at a prayer service held to commemorate the Prophet's birthday in Jakarta on February 5, President Yudhoyono – who on the same day was criticised by rights activists for his failure to respond to a letter sent by UN High Commissioner for Human Rights Navanethem Pillay over the government's handling of religious discrimination – called on Indonesian Muslims to follow the Prophet Muhammad's example of living in a religiously diverse society and overcoming differences among people.

"Let us follow the Prophet, his morals and manners as well as his attitude and politeness", Yudhoyono was quoted as saying by the state-news agency Antara, stressing that Muhammad built solidarity and stressed peace in his teachings. No mention was made of government-backed legislation that discriminates against religious minorities and groups deemed to be "deviating" from conservative Islamic values, or laws that punish individuals such as Aan for exercising their personal beliefs.

The decline of democracy

Jakarta Post Editorial - February 22, 2012

Over the last three weeks, at least three surveys have uncovered a growing public distrust of political parties, all because of corruption cases plaguing their leaders and individual members.

Apart from the falling reputation of the country's political parties, the surveys, conducted separately by the Indonesian Survey Circle, the Centre for Strategic and International Studies and the Indonesian Survey Institute, and thus confirming each other, have much else in common as they found a huge constituency of undecided voters.

This sharp decline in public faith serves not only as a warning to political parties ahead of the legislative and presidential elections in the next two years, but also for the future of the country's hard-won democracy. Unless the parties initiate major reforms to restore their tarnished image, people will be tempted to reminisce about the good old days or perhaps consider unconstitutional moves to rebuild Indonesia from scratch.

If the elections were held today, abstainers or poll boycotters would outnumber people who exercised their right to vote. Alternatively they would become negative voters, casting ballots only to punish certain parties or candidates who, they deem, have broken their promises.

Like it or not, the surveys seem to portray widespread public disappointment in political parties for misusing the people's mandate to pursue their own interests. Corruption and bribery involving politicians as well as the luxury facilities they enjoy and seek, come in the wake of repeated reports of deteriorating infrastructure and, more ironically, Indonesian development, which has resulted in a fall in the country's Human Development Index.

Without doubt, political parties are held responsible for graft practices that have apparently gone unchecked, thus betraying the founding agenda of reformasi in 1998 that envisioned the uprooting of corruption, collusion and nepotism – a reform movement that earned Indonesia a new status as the world's third-largest democracy.

In the case of former Democratic Party treasurer Muhammad Nazaruddin, the Corruption Eradication Commission (KPK) has disclosed potential state losses amounting to Rp 6 trillion (US$662.95 million) in 31 projects sanctioned by five ministries. A more fantastic amount of state losses could be found if the KPK was persistent and received full backing in its investigation into alleged mafia practices involving the House's budget committee in determining the distribution of state funds for regional development.

Not only have the political parties been accused of systematic embezzlement of state funds, known as korupsi berjamaah or collective corruption, they have also resisted anticorruption moves by undermining the fight against graft as evident in their support for moves to implicate two KPK deputy chiefs in a bribery case in 2010 and to dissolve the KPK last year. Currently the parties are challenging the government's decision to temporarily stop granting remission to corruption convicts.

It is not defensiveness, as displayed by House of Representatives Speaker Marzuki Alie on Monday, that the public wants from their political parties. When referring to his fellow Democratic Party politicians Nazaruddin and Angelina Sondakh as failed products of the party's recruitment system, Marzuki was turning a blind eye to the chronic absence of ethics facing not only the ruling party but all political parties in this country.

Without ethics, the huge power entrusted in our politicians will be exercised not for the benefit of the people, but to fill the pockets and deposit boxes of individual politicians and their parties. Almost certainly political parties will be held accountable for the decline of constitutional democracy in Indonesia – for the second time since the late 1950s.

Secular revenge in Indonesia

Asia Times - February 24, 2012

Megawati Wijaya, Jakarta – Since its founding in 1998, hardline vigilante group the Islamic Defenders Front (known by its Indonesian acronym FPI) has perpetuated violence in the name of Islamic morality. Now, Indonesians are calling for an end to the intimidation and intolerance, signaling growing rejection of the group's and its supporters' radical religious ideology.

Palangka Raya, the capital of Central Kalimantan province, was in the national headlines two weeks ago when its residents stopped FPI leaders from landing at the town's airport. Four FPI leaders had flown there to officiate the opening of a new provincial FPI branch but in an act of defiance a crowd of about 800 people staged a protest.

A few hundred, mainly indigenous Dayak people, forced their way onto the airport's apron and runway to confront the FPI officials. Protesters dispersed only when airport officials convinced them that the FPI members would remain on board the plane and would travel on to another destination.

Local people said they feared FPI's presence could destabilize the province, where the Muslim majority shares religious space with Christians, Hindus and native animists, said Lucas Tinke, a Dayak tribal spokesman involved in the protest.

In Jakarta, the national capital, hundreds of Indonesians, including civil activists, students and professionals, staged their own anti-FPI protests. The demonstration was peaceful until three men, later identified as FPI members, grabbed a banner and beat one of the demonstrators. The case is now under police investigation.

The anti-FPI movement spread to Surabaya, another major metropolitan area where people referring to themselves as "Surabaya Residents Against Violence" held a similar rally on February 17. Although the group did not specifically refer to the FPI in its addresses promoting non-violence, yells of "Indonesia without FPI, Indonesia without violence" could be heard from the gathered mass, according to local press reports.

Radical agenda

FPI was founded in 1998 by Saudi Arabia-educated Islamic leader Muhammad Rizieq Syihab in the wake of former strongman Suharto's downfall. Whereas radical Islamic groups were stifled under Suharto's 32-year authoritarian rule, FPI has exploited the country's new democratic space to push for the implementation of Islamic Shariah laws and challenge secular traditions. The group's members have often openly advocated the use of violence to push its hardline Islamic agenda.

From its stronghold in Central Java, FPI has quickly spread through a branch network to other parts of the archipelago. There are currently an estimated 5,000-6,000 committed FPI members around the country. FPI claims that its funding solely comes from its members, which include religious leaders and businessmen who share its radical ideology.

FPI has been held responsible for hundreds of violent incidents, including destructive attacks on entities considered in violation of Islamic values such as bars, brothels, massage parlors and gambling halls. Every year, FPI carries out raids on restaurants that operate during the Ramadan Muslim fasting season, forcing them shut while terrorizing their owners.

FPI has also directly targeted minority religious groups. For instance, FPI members have frequently interrupted prayer services in Christian churches and assaulted adherents of the Ahmadiyah, a minority Islamic group. There are also records of FPI attacking ethnic and sexual minority groups, including Indonesian Chinese-owned shops, or lesbian, gay, bisexual and transsexual groups. In the past two years, the FPI has been responsible for 34 serious breaches of laws across five different provinces, according to the police spokesman Saud Usman Nasution.

Notwithstanding those incidents, FPI exists more as a destabilizing influence than a serious security threat due to its lack of conventional weaponry and limited number of paramilitary members, according to a recent report by Jane's Defense. A recent International Crisis Group (ICG) report on hardline groups in Indonesia referred to FPI as an "urban thug organization".

Despite FPI's regular and well-documented abuses, police seldom act against the group. ICG noted that the group has backing from the military and police generals, including former armed commander General Wiranto. FPI is seen by security officials as a useful "attack dog" for various purposes, ICG said.

US diplomatic cables made public by WikiLeaks claim that FPI receives funding from the police, including from Sutanto, former police head who now leads the Indonesian intelligence agency BIN. He reportedly stopped his funding activities after FPI attacked the US Embassy in Jakarta in February 2006 to protest the publication of cartoons in US media that depicted the Prophet Muhammad.

In a speech in Central Sulawesi in 2006, FPI leader Rizieq Shihab said the FPI and the police were "like husband and wife", both committed to upholding public order. "Whoever has money can hire FPI for political purposes, but no one outside FPI can control Habib Rizieq, who remains boss to himself," a US diplomatic cable said.

FPI has more recently denied the US cables' allegations and insists that it's self-funded with donations from its own members. "FPI never receives funds from anywhere else, neither the government, the military, the police, or businessmen. All funds come from our own pockets," FPI Jakarta head Salim Alatas recently said.

Grassroots defiance

Last week's organized opposition to FPI represented the first major public defiance against the radical group. No individual or group had previously openly challenged FPI, due mainly to fear of violent reprisal and the risk of crossing unknown powerful members of government and the security forces.

The only high-profile anti-FPI case occurred last year when a group of housewives in Medan, North Sumatra, vandalized the car of Darma Bakti Ginting, FPI's provincial head. Ginting and his FPI supporters had earlier torn down a local resident's house that had allegedly been built on his land. Some analysts believe that grass roots resistance served as motivation for the recent protests.

"Resentment against violence that is often employed by the FPI is already widespread in society," claims Noor Huda Ismail, a terrorism expert at the Institute of International Peace Building, a local organization that works to rehabilitate former Islamic radicals. "But this time, the silent majority are capable of reaching to the megaphone and extend their anti- violence, anti-FPI message to the wider public," he said.

Before last week's rallies, Indonesian authorities had handled the FPI mainly with kid gloves. Last year, President Susilo Bambang Yudhoyono called for mass organizations to adhere to the law or risk disbandment but refused to mention names.

"Organizations in Indonesia are allowed to operate on the basis of freedom of speech and freedom of action," he said. "[But] any organization that violates the laws must face due legal process, with no exceptions," he said.

In response to that vague statement, FPI threatened to overthrow Yudhoyono's government if he "dares to disband mass organizations, including the FPI".

"FPI will be like Ben Ali [Tunisian leader who led a bloodless coup d'etat in 1987] and Indonesia will become Egypt. We will activate the mass to overthrow [the president] for diverting issues," FPI spokesman Munarman said at the time.

Belated response

There are signs the government's position may be hardening. After last week's anti-FPI rallies, home affairs minister Gamawan Fauzi said he would not hesitate to freeze mass organizations that disturbed public order. "If they keep on breaking the law we will certainly freeze them in accordance with the 1985 Law on Mass Organizations," he said.

That law stipulates that a mass organization can be suspended if it has received at least two warning letters from the ministry. FPI was most recently warned after it vandalized the home ministry's offices in Jakarta last month during a protest against a decision to revise several regional bylaws restricting the sale and distribution of alcohol.

During a visit to the Religious Affairs Ministry last week, Shihab said that FPI would fight for justice and corruption eradication only through peaceful means. "The [attack on] Home Ministry and various other incidents are no longer the group's hallmark. FPI has left that paradigm," he was quoted as saying by the Antara news agency.

Momentum is also building against the group among more moderate religious leaders. A recent gathering of Islamic scholars in Karawang, West Java province, urged the government to disband the FPI, saying the group's violent tendencies are not reflective of how Muslims should behave. Mass Muslim organizations, such as the Nadlatul Ulama and Muhammadiyah, both of which have tens of millions of members, have consistently distanced themselves from FPI.

It is not clear, however, that disbandment would uproot the radical Islamic sentiment FPI has tapped and mobilized, analysts say. "Radical groups such as the FPI have very strong ideologies – disbanding one will only bring out splinter groups," said Ismail. "Compared to NGOs or civil activists that have higher turnover or whose activities depend on availability of funding, the former would have stronger stamina to survive," Ismail said.

"FPI can easily find sympathizers because it is strongly against things that are considered sinful by many Indonesians such as prostitution or gambling," he said. "FPI's consistent message calling for a clean government that is free of corruption is especially attractive when the people think they can't trust the existing government."