West Java Governor Ahmad Heryawan has thrown his support behind the 2013 Miss World pageant which will be held in Bogor this September, as there will be no bikini category at the grand final of the event.

"This Miss World event is different with other similar events as during the grand final [the finalists] won't wear a bikini," Ahmad said on Thursday, as quoted by Antaranews.com. "Insya Allah, it will be more polite."

This will be Indonesia's first time hosting the event, with the grand final for Miss World 2013 to be held at the Sentul International Convention Center in Bogor on Sept. 28.

But despite the support of the West Java governor, who is part of the Islam-based Prosperous Justice Party (PKS), the event could attract protests from hard-liners across the country.

In 2007, an Islamic fundamentalist group in Bandung forced a Miss Universe pageant winner to call off a charity event. The protestors argued that the beauty queen, Japanese national Riyo Mori, went "against Shariah" law and was a "symbol of the world's adultery and pornography."

An organizer of the charity event said that Mori suffered "psychological stress following a strong protest and decided to stay in her hotel" where the event was supposed to take place.

Ahmad said that he considered the event to be a positive step for Indonesia, adding that West Java was committed to show the hospitality of its people as part of promoting the province to a wider audience.

Liliana Tanoesoedibjo, the chairwoman of the Miss Indonesia organization, said that it took her years to convince the Miss World management to choose Indonesia as a host. "We have been asking for three consecutive years," Liliana said as quoted by Antaranews.com.

While the grand final will take place in Sentul, participants will also take part in activities around Jakarta and Bali.

West Papua

Conflicting claims in West Papuan deaths

Jakarta Globe - April 5, 2013

Robert Isidorus & Dina Manafe, Jayapura/Surabaya – Activists in West Papua province say that up to 95 people have died of hunger in Tambrauw district since last November, with hundreds more still at risk.

Frits Bernard Kamuki Ramandey, the acting secretary of the Papua office of the National Commission for Human Rights (Komnas HAM), said on Wednesday night that it was inconceivable how the authorities had allowed people to starve to death.

"Obviously the local authorities have let the situation get out of control," he said. "How can so many people be suffering from this? This is no natural disaster."

He added that Komnas HAM had recorded 95 deaths in the subdistrict of Kwor between November last year and the end of March this year.

Gabriel, the Tambrauw district chief, acknowledged that there was a malnutrition problem in the area, but refuted Komnas HAM's figure, saying that only 15 people had died during that period.

He said he had ordered medical teams to visit the affected subdistrict and was preparing to evacuate residents to other areas where they would have better access to medical care and food.

Very little is known about the current situation in Kwor, with the few reports coming out of the remote and isolated community suggesting that the area is in the grip of some sort of epidemic causing people to die of malnutrition.

Bovit Bofar, a rights activist who was one of the few people to visit the area, said the mystery illness was taking a particularly heavy toll because of the lack of health care services in the affected villages.

"The villages that have been hit are deep in the hinterland, and there's no way for them to communicate with outside communities," he said.

He said that the worst-hit area was the village of Baddei, where 45 people were reported to have died and another 250 people have fallen ill. In Kosefo village, 35 are dead and 75 sick, while in Jokjoker, 15 people have died and 210 are ill, Bovit said.

However, the Health Ministry has attributed the illnesses and deaths to a range of problems endemic to the region, including malaria, food scarcity and lack of proper hygiene and sanitation.

Murti Utami, a spokeswoman for the ministry, said in Surabaya on Thursday that health officials were headed to the district to identify the cause of the illnesses and gauge the true extent of the problem. She also refuted the high death toll posited by the activists.

NGO presses government to investigate death of 95 Papuans

Jakarta Post - April 5, 2013

Nadya Natahadibrata and Nethy Dharma Somba, Jakarta – A non-governmental organization (NGO), National Papua Solidarity (NAPAS), urged the government to investigate the cause of death of 95 people in Tambrauw regency, West Papua, saying that the Health Ministry neglected Papuans in remote areas.

Previously, the Sorong Raya chapter of Nusantara Traditional Community Alliance (AMAN) reported that as many as 95 people in Tambrauw died after failing to receive medical care.

In Baddei village 45 out of a total 250 sick residents have died, in Jokjober village 15 of its 210 sick people are now dead and in Kosefa village 35 of the 75 sick villagers did not recover.

"The lack of healthcare in the three villages has meant sick residents eventually die," Sorong Raya chapter AMAN head Konstan Magablo cited, adding that the residents suffered from symptoms such as headache, high fever and skin irritation.

He said that since 2010, due to a lack of personnel, the three villages' puskesmas (community health centers) had ceased providing healthcare to residents. NAPAS activist Zely Ariane said that a team from NAPAS had confirmed the regency's death toll.

The West Papua Health Agency responded to the contrary, according to Health Ministry spokesperson, Murti Utami, between October 2012 and March this year only 15 people had died in Tambrauw. Minarto, the Health Ministry's nutrition management director, said the causes of death were skin diseases and anemia.

West Papua Health Office head Otto Parorrongan also denied the number of deaths, saying that he received reports of five individuals – two women and three children – succumbing to various illnesses.

Zely from NAPAS accused the government of neglecting Papuans. "The total of population in Tambrauw is only around 2,200 people, so even if the number of people who died is 15 that is still a big number and the ministry should investigate the cause," Zely said on Thursday.

"The ministry should distribute health workers to this area because apparently no health workers are available," she added referring to the lack of doctors and nurses at puskesmas.

"It is [no excuse to say the] areas are too difficult to reach, because they [the ministry] really should have the equipment to reach the area and help the people," Zely continued.

Otto, however, denied the accusation, saying that a medical team, made up of two doctors, a nurse, two midwives and a sanitary worker, had been dispatched from the Tambrauw regency health office on March 26 to the reported villages.

"The medical team was airlifted to Jokjober due to poor overland access, which could take three days travel, the team was later picked up by helicopter," said Otto, adding that the residents suffered from anemia, skin diseases and headaches.

He said that the current situation in the villages had improved since medical workers had provided healthcare.

Minarto from the health ministry said that his office would dispatch a group of seven to distribute the support needed, including food and medicine.

He added that the team would not solely check on the health of the people in the regency, but to also investigate the cause of the diseases and determine whether it was due to improper sanitation, environment or food.

Government downplays reported malnutrition deaths in Papua

Jakarta Globe - April 3, 2013

Ezra Sihite & SP/Jeis Montesori – Indonesian government officials have denied a recent allegation that dozens of people in a Papuan district died after suffering from severe malnutrition.

Frits Bernard Kamuki Ramandey, acting secretary of the Papuan Human Rights Commission, said 95 people in Tambrauw district, West Papua, died between November and April after suffering from malnutrition.

"This is insane. How did this happen? This is not even a natural disaster," Frits said on Wednesday.

Minister for People's Welfare Agung Laksono said on Wednesday that he has ordered the local health office to send the necessary medical assistance to Tambrauw, but denied that 95 people died. "It cannot be classified as mass deaths," he said.

Tambrauw district head Gabriel Asem said that while some people suffered from malnutrition, the number of deaths related to condition was far lower. "There were 15 people who died because of malnutrition since November, not 95 as reported," he said.

Bovit Bovar, a social worker in Tambrauw, said that malnutrition has affected more than 500 people in five hamlets in the district since November. "The hamlets plagued by malnutrition are very remote and have no communication network at all. The access to this place is very difficult," he said.

Bovit said the affected areas did not have proper health facilities or enough health workers. Gabriel said the local government has tried to improve the people's welfare by opening farmland for the locals and building housing complexes near public facilities.

Woles Krenak, a member of the West Papua Council, said government inaction has led to severity of the problem. "This is very ironic, with a big regional budget people still died because of malnutrition," he said.

With the special autonomy status, Papua is entitled to manage its own regional budget. From 2002 until 2012 the province received Rp 28.4 trillion ($2.91 billion).

Aceh

Aceh GAM nostalgia symptomatic of wider regional angst: Pekat

Jakarta Globe - April 8, 2013

Rizky Amelia – The current furor over a decision by authorities in Aceh to adopt the flag of a defunct separatist group as the provincial standard highlights regional dissatisfaction with Jakarta's stewardship of the country, analysts say.

Justiani, an adviser with the National Unity Defense (Pekat), a think tank, said on Saturday that the planned adoption of the flag and seal of the Free Aceh Movement (GAM) in the country's westernmost province should serve as a warning to the central government.

"The Aceh authorities are giving Jakarta a clear signal through their decision to adopt the GAM flag," she said at a press conference in Jakarta.

The warning, she went on, was that the regional authorities not just in Aceh, but in other provinces nationwide, were disappointed with how the central government was managing the country, citing widely held grievances about government corruption, economic injustice, political elitism and ineffective law enforcement. "Indonesia isn't a failed state yet. But it's a disorderly state," she said.

Saurip Kadi, another Petak adviser, agreed that the perceived belligerence of the Aceh authorities was symptomatic of how other regions regarded the central government. "The problem here is more than just about the Aceh flag. It's an indictment of the central government's leadership," he said.

In Aceh's case, he argued, the province was rich in natural resources, including oil and gas, yet there was a sense among local authorities and residents that an unfairly high proportion of the revenue from the exploitation of those resources went to Jakarta rather than being plowed back into the development of Aceh.

Saurip urged the central government to address these grievances, warning that an inability to satisfactorily resolve the Aceh spat could set a bad precedent in its relations with authorities in other provinces. "Let's not have any more Acehs in Indonesia. Let's fix the system of national governance before that happens," he said.

The Aceh legislature and administration have come under fire from the central government over their decision in late March to adopt the flag of the GAM, a group that waged a nearly three-decade armed struggle for independence before its dissolution in 2005, as the flag of the province.

Authorities also chose the buraq, a mythical winged horse with a human face, as the provincial seal. The buraq was also associated with the GAM.

President Susilo Bambang Yudhoyono said on Friday that the move was a clear infraction of regulations banning the use of separatist insignia in official flags or seals.

"I don't want us to go backward. I want us to move forward together in developing Aceh and making it safer and more prosperous," he said in Jakarta. "Let us not give rise to new problems by digging up past conflicts."

The government has ordered Aceh authorities not to use the new flag or seal pending the outcome of an evaluation of the Islamic bylaw, or qanun, in which the change of flag and seal is enshrined. The evaluation by the Home Affairs Ministry is set to conclude on April 18.

The president also said he would invite the Aceh governor, Zaini Abdullah, to meet with him in Jakarta to discuss the matter.

The government argues that the qanun infringes at least three regulations: a government regulation banning the use of separatist insignia, the 2005 peace deal between the GAM and the government that ordered the disbanding of the rebel group and retirement of all associated insignia, and the law on Aceh's special autonomy.

"We worked hard to achieve a historic peace agreement in Aceh," Yudhoyono said. "We must put to an end any moves to revive separatist sentiment," he added.

Parents assault Islamic school teacher for punishing students

Jakarta Globe - April 8, 2013

Nurdin Hasan – A teacher at an Islamic boarding school in Aceh sustained serious injuries after being beaten by the parents of a student he disciplined.

Teungku Harmen Nuriqmar, the principal of the Serambi Mekkah Islamic Boarding School (Pesantren) in Blang Beurandang village in West Aceh, revealed that the family members of a female student arrived at the school on Sunday and assaulted Teungku Muhibbul Nasir Wali.

"The victim's face was severely injured. His left eye was swollen," Herman told the Jakarta Globe on Monday.

Harmen said the assault was prompted by Muhibbul's decision to punish 15 students after he caught them dating. Muhibbul hit the students and poured sewer water on them.

"Please take note that he did not hit the students to torture them – he did it to educate them. He splashed them with sewer water because when he splashed them with [tap] water the students were laughing and making fun of him," Harmen said. "They also poured sewer water on one another," he said.

Herman added that the school clearly prohibited students from dating because it was against Islamic values.

He said one of the punished students reported the incident to her parents, who then brought their entire family to the school to protest. The family proceeded to attack Muhibbul because they believed he committed a very inappropriate act for an Islamic boarding school teacher.

Harmen noted that he reported the incident to the local police. "The assault was unacceptable and should be investigated because it has tainted the school's reputation," he said.

West Aceh police chief Adj. Comr.Sr. Faisal Rivai said he has not received any report regarding the case.

SBY warns of repetition of Aceh war

Jakarta Post - April 6, 2013

Ina Parlina, Jakarta – The President is telling the people of Aceh to follow the law and to only fly the Indonesian flag – and not a flag inspired by a former separatist movement – for the next two weeks.

"It is clear that the Red-and-White should be displayed throughout the whole motherland. It is our flag," President Susilo Bambang Yudhoyono said on Friday.

"A region may have its own symbols, but they should be in line with all prevailing regulations and laws."

Yudhoyono also warned against a recurrence of the decades-long armed insurgency launched by the Free Aceh Movement (GAM), praising Aceh and its people for tremendous strides since GAM and the central government agreed to end the conflict in 2005 in Helsinki, following the Indian Ocean Tsunami of 2004 that killed 126,000 and devastated the province.

"Any thoughts or ideas that could be perceived as the continuation of separatism should be stopped," the President said.

Home Minister Gamawan Fauzi visited Banda Aceh on Thursday to discuss with provincial authorities a recently passed local bylaw incorporating GAM's flag into the provincial flag.

On Thursday, convoys of people drove through the streets of Banda Aceh, brandishing the flag, although Aceh Governor Zaini Abdullah had asked local residents not to. The convoys followed protests throughout the province earlier in the week to support the bylaw.

While the Helsinki Agreement gave Aceh the right to use regional symbols in its flags, crests and songs, the central government has insisted that the province adhere to national law in doing so.

Yuhoyono reiterated that stance on Friday. "About the controversy, or the issue on the symbols. This is not a matter of politics. It is a matter of law."

On Tuesday, the central government sent the provincial administration a letter asking it to clarify the local bylaw within 15 days to ensure that it did not conflict with national law.

"I still hope that within two weeks this will all be over and there will no longer be disturbances related to the issue," Yudhoyono said, adding that he hoped no new issue would emerge to return Aceh to its previous conflicts

Yudhoyono apparently took a softer line than the former vice president Jusuf Kalla, who was the central government's principal negotiator in Helsinki.

Kala said recently that no defense could be offered for displaying the GAM flag under the Helsinki Agreement, which included points that clearly prohibited the use of GAM symbols.

Noted lawyer Yusril Ihza Mahenda also said that such moves violated the results of meeting last year when participants agreed that Aceh would adopt a provincial flag incorporating the symbol of the local sultanate and not GAM iconography.

Counter-demonstrations were also held on Thursday by hundreds of residents in Central Aceh. They raised the red-and-white national flag to support the central government.

Protests for, against GAM flag in Aceh

Jakarta Post - April 5, 2013

Hotli Simanjuntak, Banda Aceh – Convoys of people drove through the streets of Banda Aceh on Thursday, brandishing the flag of the Free Aceh Movement (GAM), despite a request from Aceh's governor.

Governor Zaini Abdullah had asked local residents not to fly the flag of GAM, which fought a decades-long insurgency movement against Jakarta that ended in 2005, until the administration finished studying a letter of clarification from the central government.

The processions on Thursday came as Home Minister Gamawan Fauzi visited the province to discuss with Zaini, local lawmakers and other stakeholders a local regulation that authorized the use of GAM symbols on the new provincial flag and emblem.

"We urge the central government to immediately designate the [GAM] crescent-and-star flag as the flag of Aceh," one speaker, Cut Rahma, told a crowd of supporters in Banda Aceh on Thursday. "This is final. Don't ever change it."

She said that the GAM flag currently symbolized the dignity of the people of Aceh and was no longer a sign of separatism.

"Avoid the perception that the flag is a symbol of resistance against the NKRI [Unitary State of the Republic of Indonesia]. We still love the NKRI. This flag represents the unity of the Acehnese people within the fold of Indonesia," she said.

On Tuesday, the central government sent the provincial administration a letter of clarification on local Qanun (Bylaw) No. 3/2013 on the provincial flag and emblem.

The letter, dated April 2 and sent by the Home Ministry's regional autonomy division, asked the provincial administration to clarify the local bylaw within 15 days to ensure that it did not conflict with national law.

The central government also requested that the flag not be raised while local officials clarified the reasoning behind the bylaw.

Meanwhile, hundreds of residents in Central Aceh held counter- demonstrations on Thursday, raising the red-and-white national flag.

Amirudin, the secretary-general of the Central Aceh and Bener branch of the Homeland Defenders (PETA), a pro-Jakarta mass organization, said that his convoy was held to support the central government. "This is a pure voice from the people of Central Aceh. We oppose the establishment of the crescent-and-star flag as the flag of Aceh," he said.

One local community figure and Red and White Movement member, Tagore Abubakar, urged President Susilo Bambang Yudhoyono to intervene. "If this is not immediately resolved, it could trigger horizontal conflicts and segregation among the people."

The current controversy on the flag has divided people at the grassroots level, Tagore said. "As a proof, there have been several movements opposing as well as supporting Qanun No. 3."

When meeting with representatives of the provincial administration and legislature, Gamawan said that the local officials were required to adhere to the legal requirement expressed in the letter to review the local bylaw within 15 days.

Participants at the five-hour meeting heard from the governor, several mayors, legislators, clerics, academics and members of civil society organizations.

Zaini said that the administration would study the letter. "We will immediately submit the outcome of deliberations to the central government after our next meeting," the governor said.

Thousands rally in Indonesia's Aceh for separatist flag

Agence France Presse - April 4, 2013

Banda Aceh – Thousands of demonstrators rallied in Indonesia's Aceh on Thursday in support of local leaders' bid to adopt a separatist flag as the staunchly Islamic province's official emblem.

A 3,000-strong crowd, including many women wearing the Islamic head scarf, waved the flag – a white crescent and star on a red background – during the protest in provincial capital Banda Aceh, police and witnesses said.

Soldiers and tanks were deployed as the Indonesian Interior Minister Gamawan Fauzi met local leaders to demand they reverse the local parliament's decision allowing use of the flag in the country's only province with Islamic Shariah law.

The flag was used by the now defunct Free Aceh Movement (GAM) which fought a 30-year separatist war against the Indonesian state until a peace deal was struck in 2005, and the row over the emblem is being seen as a test of the accord.

After the local parliament last month passed a bylaw allowing use of the flag, Jakarta, which must approve laws made locally, protested and has demanded the decision be reversed. Under Indonesian law the use of separatist flags is illegal.

But the provincial government, led by former rebel Zaini Abdullah who has vowed to implement stricter Shariah law, insists that under the peace accord Aceh can use whichever emblem it likes.

At Thursday's demonstration, protestor Hendra Fauzi told AFP: "We have the right to decide our own flag... and this is a test of whether the government will stick to the accord."

It was the second rally in Banda Aceh this week in support of the flag.

More than 15,000 people died in more than three decades of unrest during the oil- and gas-rich province's separatist struggle. Sporadic politically-motivated violence continues in Aceh.

The 2005 agreement between Jakarta and the rebels, which grants special autonomy to Aceh such as the right to use Shariah law, was also made in the spirit of rebuilding the area after the 2004 tsunami that killed tens of thousands in the province.

Aceh given 15 days to rethink own bylaw

Jakarta Post - April 3, 2013

Hotli Simanjuntak, Banda Aceh – The central government has given the Aceh provincial administration 15 days to clarify Qanun (Bylaw) No. 3/2013 on the Aceh provincial flag and coat of arms by sending a letter to Aceh's governor and the Aceh Legislative Council (DPRA).

The qanun, which took effect on March 25, assigns the separatist Free Aceh Movement (GAM) flag and the Bouraq-and-Lion as the Aceh provincial flag and symbol.

The clarification letter was conveyed by Home Minister Gamawan Fauzi through Director General of Regional Autonomy, Djohermansyah Djohan, in a closed-door meeting with Aceh Governor Zaini Abdullah.

"We have held a meeting with every party in the Aceh administration: the governor, legislative council, vice governor and stakeholders of qanun No. 3," Djohermansyah told the media after the meeting.

In the meeting, the central government gave the Aceh provincial administration 15 days to study the clarification letter, especially regarding the problematic qanun.

"We have given them a deadline and we expect them to follow it up with a revision of the qanun" said Djohermansyah, but did not elaborate the demands of the central government about the form of the flag and emblem.

"We have asked them for clarification including matters on public interest, which are related to the procedures for determining regulations in relation to higher laws, as well as the legal implications of the qanun," he added.

In addition, the Home Ministry gave special direction regarding the Aceh flag, such as its shape, procedures for its use, design, function and basic points of reminder. These are some of the matters that the Aceh administration and legislature must consider.

"The initial meeting went well, so the qanun is expected to be in line with the Helsinki peace accord," said Djohermansyah.

Regarding the letter, Zaini said he would study it immediately. "We will complete our consideration of it in less than two weeks. I heard the home minister will visit Aceh in the near future so I believe we should complete it as soon as possible," he said.

Zaini did not say whether or not the flag and symbol would be changed before further meetings were held.

Commenting on the hoisting of the Indonesian red and white flag to replace the crescent and star, such as took place in Meulaboh, Zaini said he believed the act was carried out by a small group that wished to profit from the situation. "It will not break up the Aceh community," he said.

Residents living in Central Aceh, Southeast Aceh and West Aceh have raised objections to the GAM flag being made the official provincial flag and have threatened to secede from Aceh and form a new province.

"Should the Aceh administration be compelled to do so, it should allow the central and Southeast regions to become a new province," said Waladan Yoga of Free Gayo.

The coercive use of GAM flag shows that the Aceh administration do not have the desire to develop the central and southeast regions, he added. These mountainous regions received less budget than the coastal areas.

"We will never hoist the GAM flag because it is not our flag as residents of Central and Southeast Aceh," said Waladan.

Yudhoyono not a fan of Aceh flag

Jakarta Globe - April 1, 2013

Ezra Sihite, Nurdin Hasan & Arientha Primanita – President Susilo Bambang Yudhoyono has sent a government minister to Aceh to dissuade local officials from adopting a separatist symbol as the once-restive province's official flag.

Speaking at the State Palace on Monday, Yudhoyono said the adoption of the crescent star flag, a symbol of the Free Aceh Movement (GAM) that led a bloody armed rebellion against Indonesia before signing a peace deal with Jakarta in 2005, "needs to be evaluated." The move, the president said, could destabilize the ongoing peace in Aceh and make the resource-rich province "prone to influence by irresponsible parties."

Yudhoyono said that Home Affairs Minister Gamawan Fauzi went to Aceh on Tuesday to hold talks with members of the Aceh Regional Representatives Council (DPRA), which enacted a bylaw on the adoption of the flag last week.

Gamawan criticized the DPRA's move, saying that the body should have consulted with Jakarta on the proposal to ensure that it would not violate the 2005 Helsinki Treaty, which ended a 30-year war that killed at least 25,000 people.

The treaty stipulates that the GAM must demobilize all of its military troops and bar them from wearing uniforms or displaying military insignia or symbols, although it allows the people of Aceh to "use regional symbols including a flag, a crest and a hymn."

But Gamawan argued that the province could have found a less controversial symbol, adding that the adoption violates a 2007 government regulation that bans the use of separatist symbols.

"There are symbols from the time of Iskandar Muda. Why can't Aceh adopt those symbols?" the minister asked in reference to a 17th century Acehnese Sultan who transformed Aceh into one of the most powerful kingdoms in the region. "As far as symbols go, there are regulations controlling them. We will have [Aceh] follow [such stipulations]."

Earlier, Aceh Governor Zaini Abdullah, a former GAM commander, defended the adoption of the crescent star flag, saying that it "is a manifestation of the people of Aceh's cultural struggle. This [adoption] is what Aceh desires."

Zaini and the DPRA also made the buraq and lion, another GAM symbol, Aceh's official crest. According to the Koran, the buraq is a winged horse with the head of a man that was ridden by Muhammad during his ascent to heaven. The governor instructed all public offices in Aceh to gradually adopt the flag and the crest.

On Monday, 1,000 people descended onto the streets of Banda Aceh, the provincial capital, to show their support for the adoption of the flag and crest. Crowds gathered in the heart of Banda Aceh and paraded across the city with cars, pickup trucks and motorcycles while waving the crescent star flag and shouting "long live Aceh."

"We are just convoying across Banda Aceh to demonstrate the people's voice and demand that the flag be approved by the central government," said Marzuki, a flag supporter.

Another protester, Indra, who hailed from Southwest Aceh, said the demonstration was a spontaneous response to Jakarta's objection. "The flag represents Aceh's pride. This is what we want. We can't wait to wave the Aceh flag," he said.

Sexual & domestic violence

Wearing mini-skirts, New Men's Alliance rejects sexual violence and rape

Detik News - April 7, 2013

Septiana Ledysia, Jakarta – Five men calling themselves the New Men's Alliance (ALB) held a silent action opposing all forms of violence and rape against women at the Hotel Indonesia traffic circle in Central Jakarta on Sunday April 7.

At 8.30am, the five men donned mini-skirts, with each holding posters measuring around 60cm x 80cm with messages such as, "Men Unite against Rape" and "Real Men Think with their Brains, not their Penises".

The action attracted the attention of local people in and around Hotel Indonesia, with several inviting them to take photographs together.

"We held this silent action wearing mini-skirts to see if men wear mini- skirts whether there will still be rapes", one of the action coordinators Shera told Detik.com.

Shera also said that they held the action because there are too many rapes and cases of sexual violence in Indonesia and the government should not just ban women from wearing sexy attire.

"This shows that it is not the mini-skirts, but rather who is the target and object [of sexual violence]", he added. (spt/rmd)

[Translated by James Balowski.]

Freedom of information & press

New press code of conduct restricts freedom of press: AJI

Jakarta Post - April 6, 2013

Jakarta – The Alliance of Independent Journalists (AJI) criticized the House of Representatives' newly approved press code of conduct, which set rules on how journalists should cover stories within the House building compound, saying that it would restrict journalists from carrying their journalistic duties.

The new rule would prohibit journalists from entering an ongoing meeting – even those labeled as "open meetings" – to cover stories. Instead, they would be asked to wait outside and be given a summary of the meeting.

The rule would also require journalist to apply for either oral or written permission before conducting interviews with lawmakers and cameramen would have to inform the House' secretary-general about camera placement a day before an event.

The AJI responded, through a press release sent on Saturday, that the ruling and accommodating policies should be revised. Commenting on this, House deputy speaker Pramono Anung said journalists had nothing to worry about because they would still be free to cover stories within the compound, just like they used to.

Head of the House's household affairs committee (BURT) Indrawati Sukardis said the new rule had been discussed with representatives from several journalist associations, including the press council. (nai/dic)

Three marines found guilty of assaulting journalists in Padang

Jakarta Globe - April 5, 2013

Three marines will each serve less than 12 months in jail for assaulting four journalists who were covering the demolition of unauthorized buildings in Padang, West Sumatra, in May last year.

Lieut. Col. Chk Roza Maimun, a presiding judge at the Padang Military Court, sentenced Second Sgt. Ade Carsim and Second Sgt. Sadam Husein to 11 months in jail and sentenced First Pvt. Class Dwi Eka Prasetya to eight months in jail.

"A panel of judges declared that Second Sgt. Class Ade Carsim and Second Sgt. Class Sadam Husein have been proven to commit violence and destruction that violates article 170 and article 351 of the Criminal Code, by intentionally preventing [journalists] effort to seek, obtain and spread ideas or information and also violate article 18 of 1999 Law on Press," Roza said as quoted by Antaranews.com.

First Pvt. Class Dwi Eka Prasetya was only found guilty of preventing journalists from carrying out their duties.

Journalists were attacked in Bukit Lampu, Padang on May 29 while they were covering the demolition of several shacks believed to be used for prostitution. Four of them – identified as Apriyandi from Metro TV, Budi Sunandar from Sindo TV, Julian from sumbarterkini.com and Jamaldi from Favorit TV – were assaulted and injured while three more journalists had their cameras or memory cards stolen by the marines.

The incident prompted condemnation from legislators and press freedom advocates who have called for the marines to receive the maximum punishment.

Political parties & elections

Mahfud in talks with parties

Jakarta Post - April 3, 2013

Former Constitutional Court chief justice Mahfud MD has said that he has engaged in talks with a number of political parties for a possible coalition to support his presidential bid.

"We have exchanged our opinions but nothing has been finalized. They have to wait for the results of the general election," Mahfud said as quoted by kompas.com.

Mahfud added that he had made no decision about which political parties he would pick as his political vehicles. "I still need to study them. I don't know if I will join the Muslim-based parties as we all know some of the Muslim parties are run by crooks," he said.

Mahfud's name has consistently appeared at the top of opinion surveys fielded by many pollsters. He said on Tuesday that he had also established a small team to work on his candidacy.

The controversial court justice had previously said, however, that he planned to return to Yogyakarta to teach after stepping down from his post.

Yudhoyono set to purge party's executive board of Anas backers

Jakarta Post - April 3, 2013

Bagus BT Saragih, Jakarta – Recently elected Democratic Party chairman President Susilo Bambang Yudhoyono is preparing to purge the party's central executive board of those loyal to former chairman Anas Urbaningrum, a politician has said.

Yudhoyono has formed a five-member team, led by himself, to evaluate the party's current structure with an eye toward a reorganization, party patron Jero Wacik said on Tuesday.

"The other four members are executive chairman Syareifuddin Hasan, deputy chairman Max Sopacua, and the head of the Democratic Party's lawmakers in the House of Representatives, Nurhayati Ali Assegaf," Jero told reporters at the State Palace.

Jero, who is also energy and mineral resources minister, said that Yudhoyono set up the team on Sunday evening, hours after the extraordinary congress that named him chairman had concluded.

Separately, Nurhayati, who is also known to be close to First Lady Ani Yudhoyono, said that there would be two additional party deputy chairpersons, denying that the reorganization would be a purge of supporters of Anas, who quit after he was named a graft suspect. "We are working to maintain unity in the party by accommodating all elements," Nurhayati said.

Another senior party member, lawmaker Sutan Bhatoegana, said that the new deputy leaders "would be a man and a woman who are both Javanese."

Soon after he was named party chief, Yudhoyono announced that he appointed Syariefuddin, who is also cooperatives and small and medium enterprises minister, as the party's executive chairman.

Yudhoyono also appointed House speaker Marzuki Alie as deputy chairman of the Supreme Assembly, the party's highest lawmaking body, and Transportation Minister EE Mangindaan as executive chairman of the party's patron board.

The creation of the three new positions was viewed as an attempt by Yudhoyono to regain control of the Democrats after his chosen candidate lost to Anas in an open race to name the party's chairman in 2010. Syariefuddin and Mangindaan are known as Yudhoyono loyalists.

Meanwhile, Jero declined to give details on other vacancies on the central executive board. "We are working hard to finish the reorganization as soon as possible. Soon we will be able focus on the completion of our tentative list of legislative candidates, which has to be submitted to the KPU by April 22," Jero said, referring to the General Elections Commission.

According to the Political Party Law, any changes to the organizational structure of a political party must be endorsed by the Law and Human Rights Ministry. Party deputy-secretary-general and reputed Anas loyalist Saan Mustofa said that Yudhoyono had the prerogative to restructure the party.

"It's totally up to the new chairman. Who will leave and who will stay? Just leave it to the new chairman," Saan said, declining to comment on whether party secretary-general Edhie Baskoro Yudhoyono – the President's youngest son – would resign after his father was named the Democrats' top official.

Another Anas loyalist, Tri Dianto, formerly the chairman of the party's chapter in Cilacap, Central Java, said on Tuesday that he might convene a "breakaway" congress.

"I have been studying the Bali congress from a legal perspective and looking for loopholes that could justify the view that the congress was flawed and should be deemed illegal," Tri said.

SBY criticized for hold on power

Jakarta Globe - April 1, 2013

Markus Junianto Sihaloho & Made Arya Kencana – An election watchdog has slammed President Susilo Bambang Yudhoyono for his domination over the Democratic Party's organizational structure in which he holds several key positions.

Indonesian Civic Network (LIMA) director Ray Rangkuti criticized the country's leader for seizing many of the top positions in his political party, saying that the move disrespects the principles of democracy and that it was the first time in post-reform Indonesia that a single person has managed all the strategic positions in a political party.

Yudhoyono is not only the party's chairman, he is also the chairman of the party's High Council, chairman of the board of advisers and chairman of the party's supervisory commission. "Even the party's secretary general is his own son," Ray said on Sunday.

Ray explained that giving all the power to one individual was clearly subverting the principle of democracy, because balanced sharing of power was vital to a healthy government and nation.

Ray also criticized Democratic Party members who he said have chosen to remain silent as the nation's government moves away from democracy in favor of a form of political nepotism.

Ray challenged the young Democrats to speak out and protest the president's dominance over the party.

"The country's future lies in the hands of these young people. If they adapt to unfair democratic practices, they will end up getting used to undemocratic actions and conditions," Ray cautioned.

Margarito Kamis, an expert on state administration, said the fact that Yudhoyono was elected by acclamation at the party's extraordinary congress highlights he is a one-man show in the party and that everything depends on him.

"The Democratic [Party] is the same as SBY, and SBY is the Democratic [Party]. This is marked with the election of SBY by acclamation," Margarito told Inilah.com on Sunday.

With regard to the conditions set by Yudhoyono before he accepted the position as the party's chairman, Margarito said that there was no guarantee that additional positions for the deputy chairman and acting chairman would improve the party's performance.

Siti Zuhro, a political analyst from the Indonesian Institute of Sciences (LIPI), said that the president wanted his party to resemble the Indonesian Democratic Party of Struggle (PDI-P), which has adopted a dynastic system.

"The origins of PDI-P has been clear, since the Sukarno era. Although it's a dynasty, not all Sukarno family held the leadership [positions]," Siti said on Sunday.

Siti added that PDI-P chairwoman Megawati Sukarnoputri didn't automatically appoint her daughter Puan Maharani as a party executive. "Puan was a cadre for a long time and she assumed the House faction chairmanship only recently," Siti explained.

On the other hand, he said, the Democratic Party is a political party that was just starting to learn how to form a dynasty. "We can compare which one is an old dynasty and which one is new. Ibas [Yudhoyono's son, Edhie Baskoro Yudhoyono] is still new in the party and he has already assumed the secretary general position."

Siti noted that kinship in the party does not always result in the public's confidence. "It's true that loyalty is important. But most important is [to gain] trust and it's dangerous to depend on a leadership [style] like this."

Siti also expressed her doubts about Yudhoyono's leadership. "I don't believe that the Democratic Party's electability can improve in a year, unless a radical move is made," the political observer said.

Analyst Hanta Yudha said a show of solidarity in the party would have a positive impact in the short-term, as evidenced by the Democrats' extraordinary congress that was able to contain potential party turbulence.

However, she said such solidarity would hurt the party in the long run, associating it permanently with Yudhoyono's persona.

"The medium-term test will emerge before presidential and vice presidential candidates are decided," Hanta said.

He added that Yudhoyono would face a tough challenge on the party's electability if it failed to reach the 15 percent target in the 2014 legislative elections.

"With SBY becoming the chairman, there's potential that it would break his concentration to run the government and in turn disrupt the government's performance," he said.

Environment & natural disasters

Sumatran tigers habitat depleted, destroyed

Jakarta Post - April 6, 2013

Jon Afrizal and Indra Harsaputra, Jambi/Surabaya – The number of Sumatran tigers in national parks in Jambi is in decline due to the loss of its habitat, forcing the wild cat to venture into human settlements, as such, conflicts between humans and tigers are inevitable.

Forested areas in Jambi's national parks have gradually depleted due to forest conversion and illegal logging by irresponsible parties, disrupting the natural environment.

The Jambi Forestry Agency's Forested Area Planning section head Endang Kurniadi said national parks were the best habitat for rare and protected wildlife species, such as honey bears, jungle cats, elephants and tigers. It is estimated that there are 254 tigers in the province.

The Jambi Natural Resources Conservation Agency (BKSDA) recorded 24 cases of human-tiger conflict since 2008. Besides attacking residents, the tigers often maul livestock.

Jambi BKSDA's forest ecosystem controller, Ida Herwati, said despite being at the top of the food chain and ferocious, the beasts never disturb humans intentionally. "They attack if they are disturbed first," said Ida.

Separately, Kerinci Seblat National Park (TNKS) region II head Dian Risdianto said only 165 tigers remained in the national park. The dwindling population is attributed to rampant poaching.

In 2012, six tigers were found dead; two in Kerinci regency and four in TNKS's area in neighboring Bengkulu province. Also in 2012, four tigers were caught by traps – two died and another two were rescued. The TNKS discovered 38 tiger traps, 36 of which were found outside the park.

Ema Fatma, from the Tumbuh Alami conservation group, said the Sumatran tiger population during 2001-2004 stood at 195 individuals. She explained that the decline could be attributed to poaching and the presence of wild boar and deer traps.

The Indonesian Conservation Community (KKI) Warsi spokesman Rudy Syaf stressed that tigers were integral to the food chain; without tigers, wild boars would multiply very fast and would be difficult to curb. Wild boars are part of tigers' main diet in Jambi.

In Jambi, 776,652 hectares (ha) of protected forest had been converted into Industrial Forests (HTI) as of 2011. Another 574,514 ha was converted into oil palm plantations.

Meanwhile, a Sumatran tiger at Surabaya Zoo in Surabaya, East Java, died on early Thursday after suffering from digestive and respiratory problems for two years.

Zoo curator, Penta, said that Rosek, a 13-year-old Sumatran tiger, was found dead in its cage by a zookeeper.

"We had been trying to treat Rosek and gave it enzymes to aid digestion. We also took the animal outside its cage for a walk and some sun," Penta told The Jakarta Post on Thursday.

Surabaya Zoo now has 10 Sumatran tigers, seven of which are females. One female tiger is currently undergoing treatment for an illness similar to Rosek's.

Internal conflict since 1998 has plagued Surabaya Zoo and peaked in 2007, when a number of animals allegedly died as a result of poor treatment. On Sept. 8, 2012, Santi, a white tiger, died due to paralysis.

Government told to extend forest moratorium

Jakarta Post - April 5, 2013

Jakarta – Environmental groups are calling on the government to extend and strengthen the 2011 moratorium that prohibits the issuance of new licenses for the conversion of primary forests and peat lands.

Indonesian Forum for Environment (WALHI) forest campaigner Zenzi Suhadi said that political interests had affected the implementation of the moratorium, disturbing efforts to improve the environment.

"In its regular, six-monthly-revision, the reduction of moratorium-included forest areas often took place. These reductions accommodated the interests of businesses, the forest concession areas of which overlap with the forest-clearing moratorium map [PIPIB]," said Zenzi.

He said the decision of the heads of local administrations to include plantation and mining concessions in the provincial spatial plan (RTRW) forest review had made the situation worse.

Until July 2012, the number of forests converted for other purposes such as local administration office areas or development project locations had reached 12.35 million hectares.

Aceh could lose millions of hectares of its forests due to a new spatial planning bylaw, which the local administration is set to enact.

Presidential Instruction No. 10/2011 on the moratorium resulted from an Indonesia-Norway bilateral agreement to reduce greenhouse gases and deforestation, and will expire on May 20.

Health & education

Health minister wants sex education taught at school

Jakarta Post - April 6, 2013

Nadya Natahadibrata, Jakarta – Health Minister Nafsiah Mboi has said that the Education and Culture Ministry should address the spread of HIV/AIDS by providing proper sex and reproductive health education for schoolchildren.

Nafsiah said on Wednesday that cooperation between the two ministries was important, because the Health Ministry could only prevent the rising prevalence of HIV/AIDS on the downstream by promoting safe sex, while the Education and Culture Ministry was responsible on the upstream for disseminating information to youngsters.

"The Education and Culture Ministry is also responsible [for] sharing adequate knowledge on morality, religion and ethics, while the Health Ministry is responsible [for] introducing condoms, providing health services and an even distribution of antiretroviral treatment [ARV] for patients," she said.

Last year, following her appointment as Health Minister, Nafsiah said she would promote condom-use to youngsters, which led to rallies by those who considered it to be promoting indecency among the country's youth.

The prevalence of HIV/AIDS in the country continues to rise. A report by the Joint UN Program on HIV/AIDS (UNAIDS) disclosed that the rate of new HIV infections in Indonesia increased by more than 25 percent between 2001 and 2011.

"Our country has not yet been successful in combating the rising prevalence of HIV/AIDS, which is mostly transmitted through unprotected sex," Nafsiah said. "Most people who became infected were aged between 15 and 25. Therefore, [...] sex and reproductive education should be introduced before high school."

In November 2011, the ministry launched the Aku Bangga Aku Tahu (I am proud I know) campaign to improve the understanding of HIV/AIDS for people aged 15-24 years. Nafsiah pointed out that the campaign should also be supported by proper sex education at schools.

"With education, teenagers would have the mental toughness to say no to sex before marriage, unprotected sex and drugs."

Despite the fact that he once said it was unnecessary to teach sex education in schools, Education and Culture Minister Muhammad Nuh responded to Nafsiah's comments by saying that the new national curriculum to be implemented in July this year would integrate sex education within biology.

"Students will not only study reproductive organs [...] but also reproductive health and ethics [...] to prevent them from getting involved in sexual misconduct," he said. He added that information about HIV/AIDS would also be covered in religion and civics (PPKN) subjects.

Nafsiah reflected that the integration of sex education within curriculum subjects would not be easy to implement. "Most teachers still see sex as a taboo issue," Nafsiah explained. "When in fact, all people, including teenagers, deserve to be informed [about reproductive health] even though they are not yet married."

Nuh indicated that the ministry would offer training to teachers about integrating sex education in to their subjects and extra-curricular activities.

"Educational institutions should provide a private space for students to share their problems about this issue [sex]," Nuh stated. "There should be a commitment from the country's top officials to [set a good] example to the public."

Abortions in Jambi on the rise

Jakarta Post - April 5, 2013

Jon Afrizal, Jambi – Abortion among women in Jambi City has become so prevalent that from 2011 to 2013, 40 percent of unwanted pregnancies ended in abortion.

The city's shocking abortion figure could well be only the tip of the iceberg as illegal abortions are widely available in Jambi – Unwanted pregnancy appears to be the main reason for women opting for an abortion.

The abortions take place in unregistered abortion clinics across the municipality. However many women choose to take traditional herbal medicines to abort their pregnancies.

Director of the Jambi City branch of the Indonesian Family Planning Association (PKBI), Helfi Rahmawati, said several women had consulted their association about their unwanted pregnancies.

"They discussed with us whether they should continue with their pregnancies," she said, adding that 40 percent of unwanted pregnancies ended in abortion, a procedure deemed illegal under Indonesian law other than for certain medical reasons.

To curb the illegal practice, Helfi said the PKBI in cooperation with Sikok, an NGO on sexual and reproductive health and rights, provided counseling for women with unwanted pregnancies.

"We give them counseling and education on what they should do with their pregnancies," she said.

Director of Sikok, Suminah, said some of the patients who discussed their unwanted pregnancies with the organization were quite young.

Citing 2011 data, she said four patients seeking consultations about their unwanted pregnancies were aged in between 15 to 19 years old; followed by three patients aged 20-24 years and 10 clients aged 25-29 years old.

Data showed that ten patients seeking consultation from the NGO between 2011 and 2012 were unmarried. Law No.36/2009 on Health stipulates that abortion is illegal unless for particular medical reasons or the women's psychological condition.

"But if they insist on having an abortion, we should still refer them to a safe abortion service instead of letting them ask for unsafe abortion services in illegal clinics or taking unsafe medication which may pose risks to their reproductive health," Suminah said. (ebf)

Red light district closures in Surabaya prompt fear of HIV/AIDS infections

Jakarta Globe - April 2, 2013

SP/Dina Manafe, Surabaya – The recent closure of half of Surabaya's red light districts has prompted worries about the spread of HIV/AIDS throughout the city, as sex workers will no longer be confined to certain areas, an official said on Tuesday.

Nurul Laila, the head of the Dupak Bangunsari Community Health Center in Surabaya, said two out of four red light districts in the city were closed down last year. She said safe sex advocates and health care professionals were now having difficulty in conducting outreach, such as distributing free condoms and information about sexually transmitted diseases, because sex workers and their clients were now spread throughout Surabaya.

In 2010 the local government reported there were at least 3,500 women working as sex workers in Dupak Bangunsari, an area known to have contained a red light district before the government cracked down on prostitution there last year.

"We heard that all red light districts will be closed down this year for a political reason. The impact will be tremendous," Nurul said during a visit with Health Minister Nafsiah Mboi.

Nurul said concentrating prostitution to certain areas helped the health workers conduct intervention, fight against the spread of HIV/AIDS and treat those who were infected. She added that since the closure of red light districts, efforts to reach out to sex workers and their clients became elusive.

Low public awareness about HIV/AIDS has also hampered efforts to curb its spread, she said, adding that many who were infected rarely came to clinics for treatment because they believed that everybody infected with the virus would die.

Nafsiah echoed Nurul's concerns about public ignorance regarding HIV/AIDS, saying that just 21 percent of Indonesians have comprehensive knowledge about the infection. Nafsiah added that 35.7 percent of Indonesian men said they wear condoms when engaging in risky sexual behaviors.

At the Dupak Community Health Center, Nurul said, there were 19 new HIV cases in 2012, and four of the patients were pregnant women. So far this year, five people have been diagnosed with the infection.

"If we knew where they [sex workers] live, we could easily monitor the spread of HIV by distributing condoms and conducting regular blood tests, or treatment for those who have been infected, but after the red light districts were closed down, we lost contact with them," Nurul said.

Nafsiah said the spread of HIV has been increasing in most districts across Indonesia.

"In all areas the number of new infections is increasing, with no exception, this is why our target to achieve zero infection for Millennium Development Goal is very unlikely to be achieved," she said.

Graft & corruption

KPK chief's secretary found guilty of Anas document leak: Panel

Jakarta Post - April 3, 2013

Hans Nicholas Jong, Jakarta – The ethics panel set up by the Corruption Eradication Commission (KPK) has concluded its month-long probe to determine who leaked a document pertaining to the commission's investigation of former Democratic Party chairman Anas Urbaningrum, announcing that Abraham Samad's secretary, Wiwin Suwandi, had been found guilty.

Panel chief Anies Baswedan said that Wiwin had intentionally leaked the document by scanning it for Samad and making another copy for himself before handing it to the media on Feb. 8. "He claimed that his only motive [for leaking the document] was that he loathed corruption suspects," Anies said Wednesday.

Besides leaking the document, Anies went on, Wiwin had also leaked other documents relating to other cases, including the driving simulators procurement case, the beef import quota case and the Buol regency bribery case.

However, he said the panel could not impose punishment on Wiwin as he was not listed as one of the KPK's leaders. He said the KPK's internal ethics board would impose a sanction on him.

Separately, KPK's internal ethics board chief Said Zainal Abidin said the board had suggested Wiwin's dismissal to the KPK leaders.

Anies added that the panel had not found any evidence to suggest that Wiwin had leaked the document due to a request by Samad.

However, the panel still considered that Samad was implicated in the scandal as he had also communicated with the media sources that published the leaked document. Therefore, he went on, Samad was considered to have conducted a minor ethics violation and was, thus, given a written warning.

"As KPK chief, Samad is required to maintain order within his office. He needs to ensure that there is no repeat of a similar incident in the future," he said.

The panel also extended its warning to KPK commissioner Adnan Pandu Praja for telling a press conference that he had withdrawn his signature from the draft letter and for saying that the Toyota Harrier car that Anas allegedly received as a bribe was too small in value for the KPK to handle. (nai/dic)

Freedom of religion & worship

Ahmadiyah remain in sealed Bekasi mosque, struggle with police harassment

Jakarta Globe - April 8, 2013

Camelia Pasandaran – Thirty members of Bekasi's beleaguered Ahmadiyah Muslim sect have been locked inside the shuttered Al-Misbah mosque since Bekasi Public Order Agency (Satpol PP) officers sealed the building last Thursday.

"These thirty people were inside the mosque when the government put a fence around the mosque," Firdaus Mubarik, spokesman of Ahmadiyah Indonesian Congregation (JAI), said on Monday. "When the officers shut down the mosque they were not asked to leave."

The community members remained in the mosque on April 4 as Satpol PP officers installed heavy iron gates and a fence around the building. When they tried to leave, they found all exits blocked, Firdaus said. They plan to remain in the building until the Bekasi government reopens the mosque.

Police in Pondok Gede, Bekasi, have reportedly harassed Ahmadiyah members who attempted to deliver food to the mosque, Firdaus said.

"He [Pondok Gede Police chief Comr. Dedy Tabrani] threatened those who tried to feed them, saying they would be arrested," Firdaus said. "Luckily there was still food inside. We gave them food on Friday, at midnight, to avoid the cops. On Saturday, the same threats were heard again."

The police chief apologized to Imam Rahmat Ragmadija and sent the thirty people orders of fried rice once news of the threats hit the media. The community can now safely deliver food, but have to use a ladder to hand the packages over the gate.

Dedy denied threatening Ahmadiyah members and said he only prohibited people from entering the building.

"As the Bekasi government had sealed the building legally, we could not let anyone get in," he told Kompas.com. "They are allowed to get, but in the case of a building being sealed, no one is allowed to get in without permission from the officials, in this case from Bekasi government."

Pondok Gede Police will not prevent food from being delivered, he said. "There was a house beside the mosque that had cooking utensils," Dedy said. "So they can cook for themselves."

Bekasi Mayor Rahmat Effendi, of the Golkar Party, said the mosque was sealed to prevent future bloodshed, but critics called it another example of governments in West Java cowing to pressure from hard-line Islamic organizations.

The city's small Ahmadiyah community have held regular prayers at the Pondok Gede mosque since 1998. They continued to operate without incident despite Islamic officials assertion that the Ahmadiyah are a "deviant" branch of Islam. But pressure began to build once the hard-line Islamic Defenders Front (FPI) announced plans for a Pondok Gede branch.

Religious intolerance is on the rise in Indonesia, with several high- profile incidents occurring in the heavily populated province of West Java. A recent report by Human Rights Watch accused the Indonesian government of failing to protect the rights of minorities.

Bekasi Ahmadis continue to fight over mosque closure

Jakarta Post - April 7, 2013

Bekasi, West Java – A score of Ahmadis in Bekasi, West Java, camped inside their sealed Al-Misbah Mosque on Saturday, refusing to leave until the municipal administration lifted the ban on using the house of worship for prayer.

"We are all fine here and will fight for our rights. We do not want to leave our mosque because we don't want it to be taken from us. We will stay here until the administration opens the seal," said Rahmat Rahmadijaya, one of the 20 congregation members who sealed themselves in the mosque, through a creak on the back fence.

"I feel a bit stressed inside here, not because I am afraid but because we Ahmadis cannot exercise our beliefs as citizens."

The number decreased from 50 on Friday after the administration erected a 2-meter high corrugated sheet fence surrounding the mosque on Thursday to prevent the congregation members from performing Friday prayer.

The situation was relatively normal but there were still around 15 officers guarding the mosque. The congregation members outside of the mosque have been supplying food and water through the back fence to their fellow believers who remain inside the mosque.

"Today I am making tofu and egg curry, and fried salty fish for them. As soon I finish cooking I will deliver the food to them through the back fence," said Radiah Andang, who has been cooking for the congregation members since Thursday.

However, some members said the police had prohibited them from delivering food as requested by a hard-liner group in the area.

Deden Sudjana, the congregation's security coordinator, said the Pondok Gede Police had offered the Ahmadis a guarantee letter that would keep the mosque and its assets safe in exchange for them leaving the mosque. The guarantee letter was said to have been provided by the public order agency.

"We have turned down the offer," he said. The local administration justified sealing the mosque under the terms of a West Java gubernatorial decree and the 2008 joint ministerial decree banning members of the Ahmadiyah Indonesia Congregation (JAI) from propagating their religious beliefs.

Al Misbah Mosque internal law affairs commission head Andang Budhi Satria said the municipal administration's act of shutting down the Bekasi Ahmadiyah mosque on Thursday was lawless.

"We never spread our teachings and we've always maintained harmony with other believers. We did not violate the decree. We just prayed in our mosque like other Muslims do every day. Why did the administration seal it?" he told The Jakarta Post.

In response to the increasing number of attacks on religious minorities taking place in Indonesia, around 300 hundreds priests along with 1,000 Christian congregations and several inter-faith pundits are expected to take to the streets on Monday to call on religious freedom in front of the People's Consultative Assembly (MPR) building in Senayan, Central Jakarta.

"This movement is for all believers who have suffered discrimination or even attacks in Indonesia. We will talk to MPR representatives about our aspirations. We will urge the government to listen to people whose religious rights have been trampled on by intolerant groups in Indonesia," said Rev. Advent Leonard Nababan, one of the event organizers. (hrl)

Displaced Shiites languishing in Sampang

IRIN - April 6, 2013

Sampang, Madura – Eights months after dozens of Shiite Muslims on Madura Island were driven from their homes by mobs from neighboring Sunni villages, the displaced remain in poor conditions with no immediate prospect of returning.

Nearly 170 Shias in Madura's Sampang district are still confined to a gymnasium, unable to work or travel. They are dependent on government provisions for their survival. Local authorities have warned them to stay near the gym for their safety. "We have no chance to leave here. It feels like we're in jail," Ustadz Iklil, 40, lamented.

He said families were limiting themselves to one meal a day when government food provisions fell short, and that basic hygiene was difficult to maintain.

The displaced are living on tennis courts in a tin-roofed hangar. A stench permeates much of the shelter's interior, where there is only one bathroom.

People there said they were psychologically and physically unraveling. "At any given time, many of the people here are sick," Ummi Kulsum, 37, said.

She said medical personnel from the local state hospital were supposed to make daily trips to the shelter, but none had visited since October. "We're struggling to live here, and we still have no clear decision from the government about our future," she said.

Rokiyah, 35, said her 2-month-old baby struggled to sleep in the stuffy, overcrowded compound. "The people in our district couldn't accept our difference so now our children are forced to grow up in these conditions," she said.

The children attend a makeshift classroom under a tarp in a field facing the complex. Classes are staffed by volunteers. Rising intolerance

Although Sunni Islam is officially the dominant form of the religion in the country, many Indonesians identify themselves simply as Muslim.

Madura Island, however, has a history of conservatism, and those on the island who publicly identify as Shiites are regarded with suspicion and disapproval by some of the Sunni majority. The size of the Shiite population in Madura – and the rest of Indonesia – is unknown due to under reporting and fears of reprisals. There are few villages on the island that openly identify as Shiites.

In August 2012, local Sunnis, some wielding traditional machete-like weapons, attacked two of the district's Shia villages. One Shiite man was killed and another, who suffered multiple deep cuts, barely survived. Dozens were seriously injured in the attack, which left 48 Shia homes destroyed by fire.

Villagers said the violence erupted when Shiite schoolchildren, barred from attending their local school, attempted to reach a neighboring school. Sunni men blocked them, and the confrontation escalated into a wider attack on Shia homes, witnesses said. With few exceptions, the displaced Shiites lost all their possessions.

Among the main targets of hard-line Islamist groups from the country's Sunni majority are minority Muslim sects and Christians, according to a recent Human Rights Watch report.

The Jakarta-based Setara Institute, which monitors religious freedom in Indonesia, identified 216 cases of violent attacks on religious minorities in 2010, 244 cases in 2011 and 264 cases in 2012.

According to HRW, the state is complicit in the abuse. "Harassment and intimidation of minority communities by militant Islamist groups has been facilitated by the active or passive involvement of Indonesian government officials and security forces," the report said.

In an interview with international media, a spokesman from the Religious Affairs Ministry denied religious intolerance was a serious problem, calling Indonesia a "laboratory of religious harmony." No resolution

It is not clear which authority ultimately controls the fate of the displaced Shiites in Sampang.

According to Andreas Harsono, an author of the HRW report, national agencies with influence over such cases include the president's office, the national police chief and the coordinating minister for legal, political and security affairs. But, he added, decentralization measures started in 2004 have boosted local officials' control over disputes within their jurisdiction.

Jakarta should step in as local solutions are not forthcoming, he said. "We need time to address the issue that [led to the] conflict there," said Rudi Setiadi, the head of the Board of National Unity for Sampang district, a government office responsible for security, stability and other issues.

"We have to obey our religious leaders very well, and the religious leaders say they [Shiites] must return to Sunni Islam in order to return to the village," Setaidi said, echoing the hard-line position that displaced Shiites must declare themselves Sunnis in order to return.

"From a [human] rights perspective, [the Shiites] should of course be able to go back to the village and the government should be responsible for protecting them at any cost," noted Akhol Firhaus of the Center for Marginalized People, a local nongovernmental group.

"But the government has not given them any solution except to convert to Sunnism or leave Madura Island," he added. "The government has a responsibility to give a better solution."

Bekasi Ahmadis in stand off

Jakarta Post - April 6, 2013

Jakarta – Around 50 Ahmadis in Bekasi, West Java, have sealed themselves in the Al-Misbah Mosque, which the municipal administration closed the day before in a crack down.

The Ahmadis have refused to leave the mosque, which has been surrounded by a corrugated sheet fence that was erected by the administration on Thursday.

The security coordinator for the group, Deden Sudjana, said on Friday that local Ahmadis had received several threats before the mosque was sealed by officials.

"The government should have protected us as citizens, not treated us cruelly like this," Deden told The Jakarta Post. "We just want to pray."

Deden said that officials began to close down the mosque at 1 p.m., when 200 officers from the Bekasi Public Order Agency and the Pondok Gede police precinct and several soldiers from the Indonesian Military (TNI) arrived on the scene.

On Friday afternoon, according to Deden, around 400 police officers tried to evacuate the Ahmadis from the mosque following rumors that 2,000 members of the hard-line Islamic Defenders Front (FPI) were planning to attack.

Police abandoned the evacuation attempt after a meeting with the Ahmadis that was moderated by representatives of the Indonesian Legal Aid Foundation (YLBHI) and the Wahid Institute, an NGO that promotes pluralism, Deden said.

However, Bekasi Police chief Sr. Comr. Priyo Widiyanto told the Post that the situation was at the mosque was "normal" and that no evacuation was attempted or needed, although 20 officers were on hand to provide security

Deden said that the local administration had justified shutting down the mosque under the terms of a West Java gubernatorial decree and the 2008 joint ministerial decree banning members of the Ahmadiyah Indonesia Congregation (JAI) from propagating their religious beliefs.

The YLBHI said in a statement that it condemned the Bekasi administration's move to seal the mosque, which it said had violated provisions of the 1945 Constitution stating that "all citizens have the right to hold their beliefs and exercise their beliefs". The statement also questioned why TNI troops were on hand when the fence was erected, as the military's principal duty was national defense.

The closure of the mosque is not a first for the nation's beleaguered Ahmadi community. In 2005, hundreds of Ahmadis in West Lombok, West Nusa Tenggara (NTB), were evicted from their homes and lived in shelters in Mataram, NTB, for five years after an attack by a group that considered the Ahmadhis as deviant Muslims. (hrl)

Recent attacks on religious minorities

March 21, 2013: HKBP Taman Sari members in Bekasi, West Java, watch as officials demolish their unfinished church on permit issues.
Feb. 14, 2013: Bekasi municipal officials seal Al-Misbah Mosque in Pondok Gede after it is used by Ahmadis.
Jan. 27, 2013: Islamic groups block the BNKP church in Bandung, West Java, from holding Sunday services.
Oct. 25, 2012: Idul Adha celebrations in Bandung marred by attack launched by hard-line FPI members on An-Nasir mosque, home to hundreds of Ahmadis.
Aug. 26, 2012: Two killed and dozens of homes destroyed as majority Sunnis rampage through Shia Muslim villages in Madura, East Java.
Aug. 6, 2012: Officials seal St. Johannes Church in Bogor, West Java, after the local administration ignored a properly compiled permit application submitted in 2007.
April 22, 2012: Local Muslim groups break up a HKBP Filadelfia church service in Tambun, Bekasi.
April 20, 2012: Crowd of Islamic groups and local residents vandalize mosque used by Ahmadis in Tasikmalaya, West Java.
March 16, 2012: Unidentified men fire 20 shots into Catholic church in Indramayu.
Feb. 17, 2012: Crowd vandalizes Nur Hidayah Mosque used by 200 Ahmadis in Cianjur, West Java.
Jan. 22, 2012: Supporters of two hard-line groups and public order officers halt Sunday services at GKI Taman Yasmin.
Jan. 1, 2012: Hard-line Muslim groups attempt to prevent GKI Taman Yasmi from conducting its first Sunday service in 2012 near the sealed church.

Source: The Jakarta Post

Bekasi government shuts down Ahmadiyah mosque

Jakarta Globe - April 5, 2013

Camelia Pasandaran – The Bekasi government shut down a mosque of Indonesia's beleaguered Ahmadiyah sect in Pondok Gede on Thursday, in the latest act of religious intolerance in the district.

"Last night, members of the Bekasi Public Order Agency [Satpol PP] placed an iron sheet surrounding the mosque," Iman Rahmat Rahmadijaya told the Jakarta Globe on Friday. "The government said that we kept on carrying out activities despite the fact that they had locked the entrance gate."

Bekasi Mayor Rahmat Effendi had previously said that the decision to shutdown the Ahmadiyah mosque was made to prevent future bloodshed. But Ahmadiyah officials had argued that the city only took action after Islamic hard-liners announced plans to open a branch in Pondok Gede.

On Feb. 14, the Bekasi government sealed the Al-Misbah mosque, on Jalan Pangrango Terusan, forbidding members to use the building for any activities. But as members continued to use the mosque, Satpol PP officers sealed the gate entrance on March 8, while some members were still inside, forcing them to use a ladder to climb out.

Rahmadijaya said that he did not understand why the Bekasi government had forbidden them from performing routine religious activities.

"They said that they referred to the gubernatorial regulation, Indonesian Ulema Council edict and mayor regulation that forbids Ahmadiyah, while clearly the regulations only forbid spreading Ahmadiyah teaching and no regulation prohibits activities," Rahmadijaya explained.

The 400-member Al-Misbah mosque has held regular prayers since it opened as Bekasi's first and only Ahmadiyah mosque in 1998. Rahmadijaya said the small community had a good relationship with residents in Pondok Gede for more than a decade and continued to operate without issue after the ban was put in place more than a year ago.

Rahmadijaya said that while the members of the mosque wanted to negotiate with the government, through their lawyers from the Jakarta Aid Foundation (LBH Jakarta) and the Indonesian Aid Foundation (YLBHI), none of the officials present on Thursday night were willing to sit together for a discussion.

Sudiana, head of the legal division of the Bekasi government, told Beritabekasi.co that they placed the iron sheets around the mosque to force members to abide with the mayor's regulation issued in 2011 that forbid Ahmadiyah.

However, Satpol PP officers told Rahmat that they put the barrier up as they did not want any conflict between Ahmadiyah members and Islamic hard- liners.

"They're simply afraid of the FPI [Islamic Defenders Front]," Rahmadijaya said. "If they indeed wanted to uphold the regulation, they should have known that the regulation only forbids spreading Ahmadiyah teaching, and there is no regulation that stipulates placing a fence around, locking the mosque or forbidding praying. We only conducted internal preaching and educated our children, and none of the regulations were violated."

Rahmadijaya said that their team of lawyers would send the Bekasi mayor a legal notice. "We will pray at the houses of our members because there is no way we can enter the mosque," Rahmadijaya explained.

The Bekasi mayor did not respond to requests for comment by the Jakarta Globe.

Bekasi's district chief fails to find solution for religious intolerance

Jakarta Globe - April 2, 2013

Camelia Pasandaran – Bekasi's district head has failed to come up with a solution for a group of pastors, representing the district's beleaguered Christian community, over the spate of forced closures and demolition of churches by the local Public Order Agency.

Neneng Hasanah Yasin, the Bekasi District head, met with the group of 30 pastors for an hour on Monday to discuss religious intolerance cases in Bekasi.

"There was no solution given by the district chief," Adven Leonard Nababan, the pastor from the recently-demolished HKBP Taman Sari church, told the Jakarta Globe on Tuesday. "She only gave a personal statement about the intolerance cases in Bekasi. She said that she personally did not want it to happen."

The pastors decided to meet with Neneng on Monday after the half- constructed HKBP Taman Sari Church in Setu, Bekasi, was demolished by the Bekasi Public Order Agency (Satpol PP) on March 21, upon the instruction of Neneng. The protestant church was still trying to secure a building approval when the government delivered an order to demolish the church following rejection from Islamic hard-liners in Bekasi.

The group also asked Neneng to reopen the HKBP Filadelfia church, which has been sealed since 2010. The Supreme Court had ordered the government to issue a building permit for the church but Neneng had refused to sign off on it.

"When questioned about Filadelfia, she said that she considered people's rejection," Adven said. "Though there's a Supreme Court decision for Filadelfia, she said that in reality local people rejected the church. So she refused to reopen the church."

When the group insisted that Neneng had violated the law by illegally demolishing the HKBP Taman Sari church, the district head said she had other things to do and could not continue with the meeting.

"We were all disappointed with her statement and decision to leave us before any agreement or solution was reached," Adven said. "She had no integrity or responsibility." Neneng did not not respond to requests for comment by the Jakarta Globe.

Regional autonomy & government

Provinces to have authority over mining, forestry & plantation concessions

Jakarta Globe - April 1, 2013

The Indonesian government is planning to transfer the authority of issuing mining, forestry and plantation concessions from municipalities and districts to provincial administrations in an effort to increase oversight.

Home Affairs Minister Gamawan Fauzi on Monday said the move will make it easier for the central government to monitor the issuance of such concessions and prevent abuse.

"The [issuance of concessions] should be the authority of provinces so we'll only have to go one step down to control [related activities]," Gamawan said in Jakarta.

He added that provincial administrations had been unable to monitor permits issued by district and municipal administrations, forcing the central government to go to the field when there was a conflict.

"At present governors are supposed to monitor districts. But every time there's a problem, the Home Affairs Ministry has to get involved again," Gamawan told Indonesian news portal bisnis.com.

He added that district and municipal administrations would still be authorized to issue business permits to companies that wish to operate in their regions. They will also be encouraged to focus on improving public services.

Industry Minister M. S. Hidayat said he supported the new initiative, adding that his office agrees with any move to ease the issuance of permits to investors.

"Investors' concern is whether the process is fast and low cost. If the transfer allows for quicker [process] with no high cost involved, then it is good," Hidayat said, although he expressed skepticism as to whether the transfer of authority could be immediately done.

Civil service & bureaucracy

Government 'improperly' hiring civil servants at huge cost: Audit

Jakarta Post - April 3, 2013

Margareth S. Aritonang, Jakarta – The Supreme Audit Agency (BPK) is reporting that the government has "improperly" continued to hire civil servants at a cost of trillions of rupiah.

The BPK's audit of official spending in the second half of 2011 said that the central government spent Rp 180.62 trillion (US$18 billion) to pay its employees in the full year for 2011, up from Rp 90.42 trillion in 2007.

Meanwhile, local administrations spent Rp 226.54 trillion on their employees in 2011, up from Rp 119.25 trillion, the BPK said. The combined payroll for 2011 was Rp 407.16 trillion, or about 33.1 percent of the state budget of Rp 1,229 trillion.

There were a combined 4.57 million civil servants working for the central government and provincial, regency and municipal administrations in 2011, according to the audit, which was submitted to the House of Representatives on Tuesday.

Officials apparently flouted a moratorium and continued to hire more employees, expanding the ranks of the civil service by 503,617 between 2007 and 2011, a 12.38 percent increase, according to the audit.

Swelling bureaucracy was attributed to the absence of a comprehensive strategy on hiring. A BPK auditor told reporters on Tuesday that the government should be faulted for recruiting poor candidates between 2009 and 2010.

"We don't have an exact number for these poor quality applicants," BPK auditor J. Widodo Mumpuni said on Tuesday. "The point is that the recruitment process for civil servants has not been conducted under the proper mechanism."

Widodo said that the irregular recruitment process had cost the government more money. BPK deputy chief Hasan Bisri said the government had to cap recruitment.

"The government has increased the number of civil servants every year, despite the absence of a grand design on how many workers it actually needs in each institution," Hasan said. "We did not get this information while doing the audit," he said.

Growth in the civil service proceeded despite a moratorium on recruitment from September 2011 to December 2012.

The Administrative Reforms Ministry said in October, before the moratorium expired, that the government would hire 70,000 people to replace half of 130,000 retiring civil servants in 2013.

Of the 4.522 million civil servants on the payroll as of June 2012, the National Civil Service Agency (BKN) said 1.6 million, or around 34.81 percent, were university graduates; while 657, 197, or 14.53 percent, held polytechnic diplomas.

Analyst Siti Zuhro from the Indonesian Science Institute (LIPI) called on the government to extend the moratorium until the House completed its deliberation on a bill on civil servants.

"This bill will set the standard of competence as well as the salary for civil servants. Thus, the recruitment for civil servants will be more transparent and rigorous. There will be no more collusive practices," Siti told The Jakarta Post.

Parliament & legislation

House deserted as lawmakers skip work to prep for election

Jakarta Post - April 5, 2013

Margareth S. Aritonang, Jakarta – Although the legislative elections are barely a year away, the House of Representatives has been virtually deserted as lawmakers abandon Senayan in favor of reelection planning.

For example, on Tuesday, the plenary meeting to endorse the appointment of Finance Minister Agus Martowardojo as Bank Indonesia governor was attended by less than half of the House's 560 lawmakers.

Meanwhile, a meeting of the 45 lawmakers on House Commission VI overseeing state-owned enterprises was cancelled on Thursday for poor attendance.

Commission VI deputy chairman Aria Bima said that lawmakers had to go to the General Election Commission (KPU) to submit reelection paperwork. "Only 12 lawmakers were present. It's best to cancel the meeting," Bima, an Indonesian Democratic Party of Struggle (PDI-P) lawmaker, said.

A Commission VI meeting held earlier in the day had even worse attendance: Only eight lawmakers turned up for a hearing with executives from state- owned salt company PT Garam and salt farmers from Madura, East Java.

On Wednesday, only five of 14 lawmakers on the House special committee overseeing a bill on local government appeared at a scheduled meeting.

Lawmakers have remained truant despite previous statements from House Speaker Marzuki Alie decrying the absences as "humiliating" and the installation of a Rp 279 million (US$29,000) fingerprint scanner system to shame lawmakers into attending House plenary meetings.

As absences continue to mount, the House secretariat-general has arranged fewer and fewer meetings in the face of the lawmakers' stated plans to enact 70 bills into law by the end of the current legislative session.

Marzuki said that it was unlikely that the House would even pass the 16 bills targeted before the next legislative recess began on April 12.

"I am deeply concerned. But I don't know what to do because I don't have the authority to force lawmakers to come to meetings. I could fire all lazy lawmakers if I had the authority.

The speaker was phlegmatic. "It is up to the ethics council and individual parties." He urged the council to punish truant lawmakers, especially those who left the House after registering their attendance or who had assistants sign in for them.

Ethics council deputy chairman Siswono Yudohusodo said that the body would crack down on errant lawmakers. Siswono said that the council would make it mandatory for lawmakers to give priority to House sessions and to travel out of town only during the weekends.

"We are worried that more lawmakers are now focusing more on their electoral districts than working for the House," Siswono said. "We have asked parties to limit out-of-town travel to after Thursdays because weekdays are for House's meetings," Siswono said. It is unclear if Siswono's proposal will have any teeth.

House deputy speaker Priyo Budi Santoso said in 2010 that members of the House were forbidden from making domestic or international working visits on Mondays and Tuesdays. "Working visits can only be done from Thursday to Sunday," he said as quoted by kompas.com.

Armed forces & defense

No need for regulation on military tribunals, presidential staffer says

Jakarta Globe - April 8, 2013

Amid calls for the president to issue a regulation in lieu of a law to allow soldiers to be tried in regular courts, a presidential staffer on Monday said that no such directive was needed yet.

"This is not the time to hold a debate on whether they should be tried by a regular court or a military tribunal," presidential adviser Daniel Sparingga, said in a written statement received by the Jakarta Globe.

The call came following the admission that 11 soldiers with the Indonesian military's Special Forces (Kopassus) were involved in the fatal shooting of four detainees at a Yogyakarta jail during a raid last month.

The Kopassus members stormed Cebongan prison, in Sleman, Yogyakarta, the night of March 23. The special forces members, garbed in face masks and armed with AK-47s and FN Five-Seven pistols, attacked the prison's two wardens and threatened to detonate grenades in the jail.

They then rounded up and executed four detainees awaiting trial for the murder of Kopassus member First Sgt. Heru Santosa. Heru was fatally stabbed during a brawl at Sleman's Cafe Hugos.

Daniel said that the main focus should be to unveil the case and its chronology, identify all responsible parties, gather evidence and witnesses and make sure that no details escape the law.

"The other priority is to ascertain that there will be a transparent trial in front of the public and ensure that the trial mechanism is in line with the prevailing laws," he said. He advised that the public should proactively monitor and supervise the trial.

Calls have been mounting for the president to issue a regulation to allow the 11 soldiers to be tried in a regular court rather than in a military tribunal, which is considered far less transparent.

The Setara Institute, a leading human rights advocacy group, said it was high time that members of the Indonesian Armed Forces (TNI) who engage in crimes be tried before a civilian court.

"Trying the 11 perpetrators before a military tribunal will not meet the public's sense of justice, since such tribunals are not transparent and not accountable," the organization said.

Daniel suggested that if the public was dissatisfied with the mechanism of justice, they should take up the issue with their representatives and demand that the problem be addressed.

"Open a debate and don't make a habit of using regulations as a shortcut in a case that is already governed by the law," he stated. "A regulation is only relevant when we are facing a legal vacuum or there is an emergency," Daniel added.

In the past, Setara argued, military tribunals handed down lighter sentences compared to those issued by state courts for similar offenses by civilians.

The organization said that a regulation would "make it possible for members of the TNI to be tried in a civilian courtroom over crimes perpetrated beyond their official duties." "Without this, the results of investigations will be anticlimactic and [the sentences will] not serve justice," Setara added.

Former intel chief says Kopassus assassins should be given a medal

Detik News - April 8, 2013

Ikhwanul Habibi, Jakarta – The Cebongan Prison case in the Central Java city of Yogyakarta involving 11 members of the army's elite Special forces (Kopassus) is a result of the law falling silent, so the murder of former Kopassus First Sergeant Heru Santoso by thugs at a cafe in Yogyakarta on March 19 resulted in guns doing the talking.

"The widespread thuggery in Yogyakarta proves that the law is silent. The law is unable to touch these thugs. The law still has legal force but it no longer has legitimacy. The law does not have adhesiveness, so society no longer trusts it", said former State Intelligence Agency (BIN) chief AM Hendropriyono when speaking with Detik.com on Monday April 8.

In the eyes of the intelligence school founder, the highest law is the safety of the ordinary people. Because of this therefore, if the law is unable to protect the ordinary people, guns will speak instead.

"So in legal terms they are wrong, but in moral terms they are right. If necessary they should be awarded the Mahaputra medal", said Hendropriyono, who was the chief of BIN in 2001-2004.

Because of this therefore, the 1967 alumni of the military academy is asking society to understand the case comprehensively, not partially. Hendropriyono also asked that society not try to implicate senior Kopassus leaders in the case.

"Viewing what was done by the Kopassus soldiers at Cebongan, in moral terms they are good soldiers, but in legal terms they are wrong. Even if they are tried by the law, they are still good soldiers. If necessary they should be decorated by society. The law say's who is innocent and who is guilty. Morals say who is good and who is bad. The law is silent, so it is guns that speak", concluded Hendropriyono. (asp/fdn)

Notes

1. Bintang Mahaputera - The Star of Mahaputera (BMP) medal is awarded to a person who has given extraordinary service to the country in certain areas outside the military. It is the second highest decoration awarded by the Indonesian government.

2. AM Hendropriyono was formally an officer in the army's elite Special Forces Kopassus which were responsible for many of the human rights violations in East Timor and Aceh. He was also the chief of the Jakarta military command and later became the minister for transmigration and resettlement. Hendropriyono was in direct command of the troops which perpetrated the Lampung massacre in 1989. US diplomatic cables leaked in 2011 also implicate Hendropriyono in the planning of the murder of human rights campaigner Munir.

[Translated by James Balowski.]

Police, TNI had prior knowledge of Cebongan raid

Jakarta Post - April 8, 2013

Yuliasri Perdani, Jakarta – The low-ranking soldiers alleged to be responsible for an attack on four detainees of the Cebongan Prison in Sleman, Yogyakarta, could have taken the fall for their seniors who orchestrated the murder, rights activists have said.

Coordinator of the Commission for Missing Persons and Victims of Violence (Kontras) Haris Azhar said an independent investigation from a number of rights group found indications that high ranking officials from the Indonesian Military (TNI) and Army Special Forces (Kopassus) met with Yogyakarta Police chief Brig. Gen. Sabar Rahardjo on March 19 at the Yogyakarta Police headquarters.

The meeting was held only a few hours after former Kopassus commando First Sgt. Heru Santoso was killed in Hugo's Cafe in Sleman.

The rights group failed to get details on what transpired in the closed- door meeting but they suspect the meeting could be linked to the execution-style murder of four inmates implicated in Heru's murder.

"We have to look at the sequence of events; the murder at the cafe and the meeting with Yogyakarta Police. We have to discover how the three events are linked. We suspect that the police and TNI top brass had prior knowledge of [the prison attack]," Haris told The Jakarta Post on Sunday.

A lawmaker also backed Haris' claim. Syarifuddin Sudding, a member of the House of Representatives Commission III on legal affairs, acknowledged that the Yogyakarta Police chief Brig. Gen. Sabar Rahardjo and Diponegoro Military Regional Command chief Maj. Gen. Hardiono Saroso had communicated following the cafe murder.

"Both of them were worried that Heru's death would trigger a clash similar to what happened at Ogan Komering Ulu," he said, referring to TNI soldiers' violent attacks against local police stations in South Sumatera last month.

Syarifuddin said that Sabar confirmed that he had communicated intensively with Hardiano via telephone after the murder.

"They spoke several times on the telephone, coordinating security measures for the four detainees. Unfortunately, they failed to put more protection at the Cebongan Prison because warden Sukamto could not contact the police chief," said Sudding, who joined a fact-finding mission in Yogyakarta.

On Saturday, both Hardiono and Sabar were removed from their position, a move that prompted speculation that the two were sacked for their handling of the murder case.

Earlier last week, the TNI investigation team confirmed the involvement of 11 soldiers – assigned to Kopassus Group 2 in Kartosuro, Central Java – in the incident. Army investigation team head Brig. Gen. Unggul K. Yudhoyono said that the attack was revenge against "thugs who brutally killed First Sgt. Heru".

"The perpetrators are Bintara [non-commissioned officers] and Tamtama [petty officers], no one else was involved," Unggul told a press conference on Thursday.

A defense analyst at the Indonesian Institute of Sciences (LIPI), Ikrar Nusa Bhakti, posited that more people were involved in the raid, considering the testimony of witnesses that 17 armed individuals stormed the prison.

"Maybe the army only disclosed information about the role of these 11 assailants and decided to hide the other identities because they are of a higher rank," he told the Post.

Ikrar said the superiors of the 11 suspects were not aware of the murder plan and should be held accountable. "They should have known what their subordinates were doing," he explained

Army spokesman Brig. Gen. Rukman Ahmad, Yogyakarta Police chief Brig. Gen. Sabar and his spokesperson Adj. Sr. Comr. Anny Pujiastuti did not return a phone call from the Post on Sunday.

Over the weekend, a massive social media campaign was launched to support the execution-style murder of the four detainees.

On Facebook the page – One million support for Kopassus soldiers who stormed the Cebongan Prison, has received 6,414 likes from users of the popular social networking site as of Sunday evening.

Suspicion runs wild on Sleman attack

Jakarta Globe - April 8, 2013

Markus Junianto Sihaloho & Anastasia Wienanti Resardhy – A lack of transparency and scrutiny over last month's attack on Cebongan Prison in Sleman, Yogyakarta, has left many questions unanswered, particularly around the involvement of high-ranking military and police officers, experts have warned.

Military analyst Ikrar Nusa Bhakti said there was too much focus on the attackers and not enough on investigating whether high-ranking military and police officers knew about the March 23 plan to kill four murder suspects who were detained in the prison.

"Is it true that only non-commissioned officers and privates were involved? Let's not be too focused on the attackers. It's suspected that communications with the regional police chief and the regional military commander had taken place [ahead of the attack]," Ikrar told a forum in Jakarta over the weekend.

He doubted that high-ranking military officers, including Coordinating Minister for Political, Legal and Security Affairs Djoko Suyanto, were oblivious to the plan or did not receive any warning after Special Forces (Kopassus) commando First Sgt. Heru Santoso was killed at Hugo's Cafe in Yogyakarta on March 19.

"They should have known after the Kopassus member was killed. Why wasn't it prevented? That's why they have to be transparent," Ikrar said.

Ikrar said scrutiny must be applied to the Yogyakarta Police chief's decision to order the transfer of the detainees to the Cebongan Prison. Ikrar noted that unlike during President Suharto's New Order, today the military can not cover up its misconduct or take these cases lightly.

"I think if the Military Court was truly transparent, it would impose a higher punishment compared to the regular court, it could even be 1.5 times tougher," he said.

Ikrar said the Cebongan Prison attack was highly suspicious and that the result of the Army's independent investigation should be treated only as preliminary.

Syarifuddin Sudding, a legislator with the People's Conscience Party (Hanura), said he suspected there was communications between the National Police, the Armed Forces and Cebongan Prison administrators before the attack on the detainees.

The lawmaker said he believed it was likely that there was contact between the regional police chief, the regional military commander and the prison after the Kopassus member was murdered, because of recent nasty outcomes in similar cases, for example when a group of 90 soldiers destroyed a police building in Ogan Komering Ulu, South Sumatra.

The early March attack came after a traffic police officer, Brig. Wijaya, 29, shot dead 23-year-old soldier Pfc. Heru Oktavianus during an argument over a minor traffic violation in January.

Syarifuddin said the four murder suspects were moved from the Yogyakarta Police headquarters to Cebongan Prison because the officials had anticipated a retaliation to the Kopassus murder.

"First they were held by the district police, then they were moved to the regional police and then to the prison. This means there were concerns that an incident, like that in Ogan Komering Ulu, would happen were taken seriously," he said.

Syarifuddin questioned why the request for additional security officers by Cebongan Prison was not fulfilled.

Saurip Kadi, a senior official at nationalist group Defenders of the Country (Pekat), said the prison attack reflected distrust toward legal institutions.

"The root of the problem is that the people's distrust toward state institutions is already high," Saurip said in Jakarta over the weekend. He added that this distrust was mostly due to corruption within the country's law enforcement.

Distrust was what Kopassus members felt when they heard that their commander was killed by criminals, Saurip said. "They didn't think that they would get justice if the case was processed by the law. That's why they decided to take matters into their own hands," Saurip said.

"This is wrong. But the sense of unity among soldiers is always there and that's how it should be," said Saurip, who is a retired army general.

This "sense of unity" often referred to as "esprit de corps" – a term coined by Napoleon Bonaparte, a 19th century French military and political leader – has also been deemed a likely motivating factor for the March 23 attack. "The murder of a Koppasus member would definitely heighten feelings of esprit de corps." Ikrar said.

Tubagus Hasanuddin, deputy chairman of House Commission I, which oversees defense and foreign affairs and a two-star retired army general, said that esprit de corps was needed in a war because a war should be a cooperative effort so that each unit can gain success.

He added that esprit de corps is the spirit to cooperate so that each unit can understand their respective duties and that the officers can help and protect one another. "Maintaining the spirit is important in a war. In the daily lives outside the war, esprit de corps also gives a positive impact and that's why it needs to be maintained," Tubagus said in Jakarta on Sunday.

But he added that the esprit de corps becomes problematic if used in the wrong context. He said that aside from developing a sense of esprit de corps, military officers should also maintain a sense of discipline and comply with the law.

Tubagus argued that esprit de corps was not the real reason why the Kopassus officers launched the jail attack, adding that the incident would not have happened if the officers respected the military's code of conduct and discipline.

Local police, military chiefs removed over prison killings

Jakarta Post - April 7, 2013

Ina Parlina and Bambang Muryanto, Jakarta – Diponegoro Military Regional Command chief Maj. Gen. Hardiono Saroso and Yogyakarta Police chief Brig. Gen. Sabar Rahardjo have been removed in the wake of the execution-style murder of police detainees by the Army's Special Forces (Kopassus) commandos in Sleman, Yogyakarta, last month.

The Indonesian Military (TNI) announced on Saturday that Hardiono would be replaced by Maj. Gen. Sunindyo, a former member of the Kopassus, who is currently posted as Army Chief of Staff Gen. Pramono Edhie Wibowo's personal assistant. Hardiono will be posted at the Army's headquarters as a staff member.

The military denied speculation that the rotation was connected to the Sleman killings, saying that the move was normal following a tour of duty. "He was rotated, not dismissed. The decision was based on an evaluation [of his performance]," the Army's spokesman, Brig. Gen. Rukman Ahmad, said as quoted by Antara.

Army investigators announced on Thursday that nine commandos from the Second Special Forces Group (Kopassus) stationed in Surakarta, Central Java, had confessed to launching an unauthorized raid on the Cebongan penitentiary in Sleman. The raid, which has been described as a spontaneous act of revenge, culminated in the execution of four men that had been detained by the police for allegedly killing former Kopassus commando First Sgt. Heru Santoso.

The results of the Army's investigation proved Hardiono wrong when he prematurely claimed that his subordinates were not involved in the prison attack, despite testimonies that pointed to the involvement of Kopassus soldiers.

Only days after he made the statement, the Army chief set up an investigation team to look into the incident, saying that there were indications that members of the military were involved in the incident. The soldiers confessed on the first day of the investigation on March 29, citing esprit de corps as the motive of the brutal attack.

The National Police previously said that Brig. Gen. Haka Astana, the head of the strategic studies bureau at the National Police's human resources division, would replace Sabar, who would fill the post left vacant by Haka.

Critics have called for Sabar's removal on account of his failure to protect the victims, who should have been detained at the Yogyakarta Police's detention center. They were transferred to the Cebongan prison because the police's detention center was under renovation.

The transfer of the detainees to Cebongan prison has triggered speculation that the police knew the Kopassus soldiers were planning the attack. Moreover, a Komnas HAM member was denied entry to the detention center to verify the police's claim.

Sleman Prison chief warden Sukamto Harto had actually planned to return the four detainees to the Yogyakarta Police when he learned that the four detainees were allegedly involved with Heru's murder.

"When I found out that the four detainees were suspected of killing a soldier, I was afraid [there would be an attack]," Sukamto said on Saturday.

He then requested for additional security personnel from the police and a local military command, but was not able to say whether that request had been fulfilled. He said it was not unusual for the police to transfer detainees to the facility.

A defense analyst at the Indonesian Institute of Sciences (LIPI), Ikrar Nusa Bhakti said that the transfer of the detainees was an "unbelievable" coincidence. "There is suspicion that the police and the army had communicated [to talk about the possible attack]. They later used the prison renovation as an excuse to transfer the detainees. In my opinion, this is unbelievable," he said during a discussion in Jakarta on Saturday.

Former Jakarta governor Sutiyoso, who spent 25 years in the Kopassus, said during the same discussion that the Army's supervisors' direct control over their subordinates was a necessity.

"Direct monitoring is a must, although I'd say it is hard to monitor personnel at all times, particularly when they are off-duty."

Top military commander dismissed following Sleman jail attack

Jakarta Globe - April 6, 2013

SP/Asnie Ovier – A top regional military commander who had initially denied the fact that the Indonesian Armed Forces (TNI) members were involved in an attack on Cebongan Prison in Sleman, Yogyakarta, has been dismissed from his duties.

"Diponegoro regional military commander Maj. Gen. Hardiono Saroso has been officially relieved of his duties. He will be replaced by Maj. Gen. Sunindyo [and] the inauguration will be conducted on Monday," a source said on Saturday.

The source declined to confirm if Hardiono's dismissal was directly related to the March 23 prison attack in which 11 masked gunmen, later determined to be the Army's Special Forces (Kopassus) members, stormed the Cebongan Prison in Sleman, Yogyakarta, and executed four detainees. Two prison wardens, Widiatmoko and Nugroho Putro, were hospitalized for injuries after the gunmen attacked them as well.

The four dead suspects – Hendrik Angel Sahetapi, 31; Yohanes Juan, 38; Gameliel Yermianto Rohi Riwu, 29; and Adrianus Candra Galaja, 33 – had been arrested by Sleman police several days before the incident for allegedly killing First Sgt. Heru Santosa, a Kopassus member, and stabbing First. Sgt. Sriyono earlier that week.

However, Hardiono was quick to deny his subordinates' involvement in the prison attack. "It wasn't the TNI. No soldiers were involved," he said just after the attack.

Brig. Gen. Rukman Ahmad, an Army spokesman, said Hardiono was replaced for the sake of the internal investigation of the case, but he declined to elaborate.

Indonesian Army Brig. Gen. Unggul K. Yudhoyono, head of the investigative team, on Thursday said the attack was indeed carried out by Kopassus members who were seeking for a revenge for the death of their comrade.

Earlier on Friday, Yogyakarta Police Chief Brig. Gen. Sabar Rahardjo was also relieved of his duties. The move apparently followed the discovery of his order to transfer four detainees from the provincial police headquarters to a less secure jail in Sleman district where they were later killed.

National Police Deputy Chief Comr. Gen. Nanan Sukarna said on Friday Sabar would be replaced by Brig. Gen. Haka. Astana.

A source at the National Police headquarters said the Yogyakarta Police had information that a group of Kopassus members planned to attack the Yogyakarta Police compound to take revenge against the four detainees.

Fearing his office would become a target of an attack by the Army's elite squad, Sabar transferred the detainees.

"Sabar is considered to have made a mistake by transferring the detainees. He should have informed the National Police chief, and we could have sent reinforcements – such as Brimob [police Mobile Brigade] members – to strengthen the Yogyakarta police," the source said.

Kopassus commandos face public military trial for prison killings

Jakarta Post - April 6, 2013

Ina Parlina and Bambang Muryanto, Jakarta, Yogyakarta – The trial of 11 Army Special Forces (Kopassus) commandos for the raid and execution-style murder of four detainees at Cebongan Penitentiary in Yogyakarta will be open to the public, a top general has said.

Kopassus Commandant Maj. Gen. Agus Sutomo said that the soldiers' court martial would be held in Central Java, near their base, and would be open to the public.

"The open trial is our answer to those who question whether the military can be impartial when trying its own soldiers," Agus Sutomo said on Friday at the Indonesian Military (TNI) headquarters in Cilangkap, East Jakarta, as quoted by kompas.com.

Agus also said that he was ready to take responsibility for the actions of the soldiers as Kopassus chief. Nine of the eleven commandos were said to have confessed to Army investigators team the attack was done spontaneously to retaliate for the victims' alleged murder of former Kopassus commando First Sgt. Heru Santoso.

According to investigators, the soldiers said they launched the raid after discovering that the detainees were the ones who had sadistically and brutally murdered Heru, their former superior.

The soldiers, assigned to the Second Kopassus Group in Kartasura, Central Java, also allegedly said that they had been enraged by the unrelated assault on another Kopassus commando, First Sgt. Sriyono, by street thugs in Yogyakarta on March 20.

Observers have doubted whether the Kopassus soldiers would receive a fair and transparent court martial, with a coalition of human rights groups calling on President Susilo Bambang Yudhoyono to issue a regulation in lieu of law to try the soldiers in a civilian court.

Poengky Indarti of Imparsial, for example, said that military courts had long flouted the letter and spirit of the law with impunity.

The government, however, snubbed the suggestion, saying that under the Military Tribunals Law, the soldiers must be tried in a military court. "I am sure that the trial will be fair and transparent," Law and Human Rights Minister Amir Syamsuddin said.

In the wake of the Cebongan murders, several lawmakers said that they planned to revise the 1997 Military Tribunal Law, with deputy House of Representatives speaker Priyo Budi Santoso saying that the revision was needed to ensure the accountability of the military court system.

Also on Friday, representatives of the National Commission of Human Rights (Komnas HAM), which conducted its own investigation of the Cebongan murders, came to TNI headquarters to ask the military not to stop its investigation despite the confession, citing many unanswered questions.

Separately, National Police chief Gen. Timur Pradopo said the police would halt their investigation and hand their findings to the Army, which would investigate further.

Yudhoyono, himself a retired general and whose brother-in-law is currently Army chief, said on Friday that he regretted the incident, citing that such vigilante action could not be justified under the rule of law.

"Justice must be upheld as fairly as possible," Yudhoyono said. "I hope all parties can support the process for enforcing the law and justice. I support the effort, particularly of the TNI and the police, to enforce justice. I also ask the public to give them the space and chance to work professionally."

Rio Ramabaskara, one of the lawyers of the four slain detainees demanded that the Yogyakarta Police be held accountable for the raid. "Why did they let the four detainees be transferred to the prison in Sleman? Their reason of needing space for renovation is strange," Rio said.

TNI's Cebongan probe receives praise, doubt

Jakarta Post - April 6, 2013

Jakarta – While the Indonesian Military (TNI) has won kudos for its probe that determined that soldiers were behind the Cebongan Penitentiary raid and massacre, others doubt its transparency.

For example, lawmaker Priyo Budi Santoso, a deputy House of Representatives speaker, lauded the TNI's openness in publicly disclosing the involvement of 11 Army Special Forces (Kopassus) commandos in the homicides.

"I also appreciate that the TNI has found the perpetrators in such a short time. I suggest that we let the TNI try them in a military court," Priyo said.

Similarly, Democratic Party secretary-general Edhie "Ibas" Baskoro Yudhoyono, the son of President Susilo Bambang Yudhoyono and the nephew of Army chief Gen. Pramono Edhie Wibowo, lauded his uncle for creating a team to probe the case.

"The TNI's openness indicates the emergence of a new military culture that does not tolerate military movement outside the chain of command," Edhie said in statement.

Army investigators announced on Thursday that the commandos from the Second Special Forces Group stationed in Surakarta, Central Java, confessed to launching an unauthorized revenge raid on the penitentiary.

The raid culminated in the execution of four inmates detained for allegedly killing former Kopassus commando First Sgt. Santoso.

The victims – Johanes Juan Manbait, Gamaliel Yeremianto Rohi Riwu, Adrianus Candra Galaja and Hendrik Angel Sahetapy – were shot to death by a single gunman before 31 other detainees, according to witnesses.

Military Police deputy chief Brig. Gen. Unggul K. Yudhoyono, the leader of the Army investigation, described the incident as spontaneous. "The perpetrators bravely admitted to committing the crime on the first day of our investigation on March 29."

However, the Setara Institute, a human rights group, said that it suspected that the TNI's surprising implication of the soldiers might indicate a deeper cover-up.

"A number of regularities show that the arrests could be a systematic attempt by the TNI to take over the investigation for certain purposes, such as distorting facts, simplifying the case or nixing allegations that the attack might have been planned and involved senior TNI officers," the group said in a statement on Friday.

Setara noted that it took several days for the Army to announce the results of its investigation after the soldiers allegedly confessed on March 29.

It also noted highlighted that Diponegoro Military District Command chief Maj. Gen. Hardiono Saroso immediately denied that his soldiers were involved in the attacks.

A few days later, Pramono contradicted Hardiono, saying that there were indications of military involvement in the raid and executions that observers said had tarnished the dignity of the state.

Pramono, who is slated to retire in May, has been touted as a potential successor to Yudhoyono, who is barred by term limits from seeking reelection. Failure to resolve the case might damage Pramono's electoral prospects.

Separately, military observer Andi Widjojanto said that the Army's transparency was not linked to Pramono's political future.

"I don't see such connection at all. A few days after the [Cebongan] incident occurred, the TNI chief [Adm. Agus Suhartono] ordered Pramono to form the investigation team," Andi said. "The Army's openness in dealing with human rights violations perpetrated by soldiers is a sign that the institution no longer enjoys impunity."

Kopassus Commandant Maj. Gen. Agus Sutomo said that the soldiers' court martial would be implemented fairly and transparently and be open to the public. While praising the TNI for their honesty, the National Commission on Human Rights (Komnas HAM) said that its own probe of the incident would continue.

Doubts linger over Indonesian army's crackdown on its own

Sydney Morning Herald - April 6, 2013

Michael Bachelard – On the night of March 23, nine Indonesian soldiers stormed into the Cebongan prison about two hours drive from their base, dragged four remand prisoners out of their cells and shot them dead with an army issue weapon.

On their way out, the soldiers from the notorious and highly trained special forces unit Kopassus removed security footage of the incident.

Ever since it's been assumed that the normal culture of impunity when it comes to the army – particularly Kopassus – would apply and the perpetrators never found.

But late on Thursday, an investigative team led by Brigadier-General Untung Yudhoyono apparently confounded that assumption. Kopassus soldiers, from Group 2 Kartosuro, had mounted the attack, he declared, and they would face a court martial for murder.

He also confirmed widespread suspicion that the raid was in retaliation for the street murder four days earlier of a sergeant from the soldiers' unit. Those killed in prison were being investigated for that murder.

Kopassus, the "red berets", are well known to Australians as the unit most likely to be involved in human rights abuses in East Timor, Papua, Aceh, and anywhere else that separatist sentiment emerged in Indonesia.

So seriously did Australia take those abuses that in 1999 military joint exercises with Kopassus were ceased, only to resume in 2005. Defence Minister Stephen Smith, who was in Jakarta this week, was concerned enough to ask for a briefing on the subject from his Indonesian counterpart.

Kopassus' impunity in the past has been astonishing. The murder in 2001 of Papuan activist Theys Eluay led to seven being found guilty of murder. Their sentences ranged from two to 3-and-a-half years. It's uncertain if all served full sentences, but all seven were later promoted.

The openness about the recent killings has been hailed in some quarters as a sign that the military has turned over a new leaf.

"I hope that the commitment shown will help counter the pessimism and scepticism from some quarters that this case would never be fully resolved," said Djoko Suyanto, the Co-ordinating Minister for Political, Legal and Security Affairs.

But there are signs that already the soldiers' actions are being excused. General Untung said the perpetrators had "bravely admitted" to the crime, which was based on an excess of "esprit de corps". The sergeant whose "brutal and sadistic" death they were avenging had once saved the life of the leader of the pack, U, who was named as the trigger-man in all four killings.

Indonesian security scholar Yohanes Sulaiman said the army might still be more interested in public relations than justice.

"They knew that people were pointing the finger at them, so it was better to take ownership of the problem so it doesn't get worse," he said. "Also, they have an expectation of the [military] courts that they will find, 'We didn't do anything wrong, we only killed four thugs."'

Heru, the sergeant whose death triggered the prison raid, was killed in a nightclub by bouncers. Army personnel are often hired out for profit by their superiors as security guards (Satpam). "This is likely a signal to the competition that the army will come at you, saying, 'Don't think we're getting soft'," one analyst said.

Kopassus jail executions cannot be justified: SBY

Jakarta Globe - April 5, 2013

Ezra Sihite – President Susilo Bambang Yudhoyono slammed the alleged revenge killing of four Cebongan prison inmates by Kopassus special forces members, calling the executions a brutal example of "street justice" carried out by Indonesian armed forces.

"Street justice cannot be justified under the state's law," Yudhoyono said. "It was said the attack happened because of the 'spirit of the corps.' because a group of thugs brutally murdered a member of Kopassus. But brutality in any form cannot be justified."

Yudhoyono's words came one day after Brig. Gen. Untung K. Yudhoyono, head of the military's investigations team, held a televised press conference verifying that the March 23 jail killings were carried out by rouge Kopassus members.

Eleven Kopassus members stormed Cebongan prison, in Sleman, Yogyakarta, the night of March 23. The special forces members, garbed in face masks and armed with AK-47s and FN Five-Seven pistols, attacked the prison's two wardens and threatened to detonate grenades in the jail.

They then rounded up and executed four detainees awaiting trial for the murder of Kopassus member First Sgt. Heru Santosa. Heru was fatally stabbed during a brawl at Sleman's Cafe Hugos.

Yudhoyono issued orders for the prosecution of the Kopassus members to continue in accordance with the law. "I instructed that the investigation should be accelerated and carried out openly and professionally so the public can see the whole picture of the case," he said. "We can't let any injustices happen."

This incident should serve as a warning to all Indonesian security forces. "I hope everyone will support the legal process and learn a lesson from this case," Yudhoyono said. "God willing, our country will be more orderly."

Army calls jail killings revenge

Jakarta Post - April 5, 2013

Yuliasri Perdani, Jakarta – The Army is saying that Special Forces (Kopassus) commandos have confessed to launching an unauthorized raid on Cebongan Penitentiary in Yogyakarta that culminated in the execution-style murder of four detainees.

Military Police deputy chief Brig. Gen. Unggul K. Yudhoyono, who led the Army's probe into the incident, said that nine soldiers assigned to Kopassus Group 2 in Kartosuro, Central Java, confessed to carrying out the attack as a "spontaneous" act in retaliation for the murder of former Kopassus commando First. Sgt. Heru Santoso at the hands of the detainees.

"The perpetrators bravely admitted to committing the crime on the first day of our investigation on March 29," Unggul told reporters at the Kartika Media Center in Central Jakarta.

According to the investigation report, the raid was masterminded by a soldier identified as U, who encouraged eight fellow commandos to storm the prison, about two hours from their base.

"The attack was based on esprit de corps after discovering that a group of thugs had sadistically and brutally murdered First. Sgt. Heru Santoso, the assailant's superior, who once saved his life in an operation," Unggul said.

The soldiers said that they were also "enraged" by the unrelated assault on another Kopassus commando, First. Sgt. Sriyono, by street thugs in Yogyakarta on March 20, the deputy chief said.

Unggul recounted the details of the murders to reporters. The soldiers took two vehicles to the prison armed with assault rifles and automatic pistols from their base.

"There were two other soldiers, chasing them in a Feroza Jeep, trying to prevent their fellow soldiers from conducting the murders. But, they failed," Unggul said.

Arriving at the prison just after midnight, U proceeded to the detainees' cell and, in front of 31 other detainees, shot to death Johanes Juan Manbait, Gamaliel Yeremianto Rohi Riwu, Adrianus Candra Galaja and Hendrik Angel Sahetapy.

The soldiers said that they took CCTV footage from the prison as they fled, Unggul said. "In their honest confession, the soldiers said that they burned the evidence and threw it into the Bengawan Solo River."

Unggul said that his team would transfer the case to the Army Military Police, promising fair and transparent trials for the nine soldiers allegedly involved in the raid and the two who allegedly attempted to stop the attack.

Separately, Hendardi of the Setara Institue, doubted that a military court would be transparent in trying the soldiers.

He urged President Susilo Bambang Yudhoyono, himself a retired general and whose brother-in-law is currently Army chief, to issue a regulation in lieu of law to try the soldiers in a civilian court. "Without the regulation, the result of the investigation will be anticlimactic and not meet people's sense of justice," he said.

Meanwhile, the results of the Army's investigation have raised several questions, foremost among them an apparent discrepancy in the number of soldiers involved in the murders.

While witnesses said 17 and not 11 men raided the prison, another team member, Kopassus Intelligence assistant Lt. Col. Richard Tampubolon, dismissed the discrepancy as confusion. "They conducted the operation at night. They are trained soldiers who can move quickly. One person can be perceived as two."

Richard also said that the Yogyakarta Police had not tipped off the commandos as to the location of the detainees. "[U] overheard from the people nearby that there was a prisoner bus with tight security that went to Cebongan Penitentiary," he added.

Adding to the evidence against the soldiers, National Police Cri-minal Investigations Directorate (Bareskrim) chief Comr. Gen. Sutarman said on Thursday that ballistics tests indicated that some of the bullets recovered from the crime scene were made by state-owned ammunition firm PT Pindad.

"All the bullets were shot from rifles. The firearms used were organic firearms," Sutarman said, referring to Army-issue weapons.

Army says Kopassus personnel behind prison killings

Jakarta Post - April 4, 2013

Yuliasri Perdani, Jakarta – The head of the Army's investigative team on the Sleman prison killings in Yogyakarta, Brig. Gen. Unggul K Yudhoyono, says that 11 of the Army's Special Forces (Kopassus) personnel from the Kandang Menjangan Kopassus headquarters, Kartasura, have been proven to be behind the March 23 killings that claimed the lives of four detainees.

"The team comprised one executioner identified as U and eight supporting personnel. Two other personnel went to the site but tried to prevent the assault," Unggul told a press conference on Thursday.

He said the killings were done in retaliation for the slaying of two colleagues, First Sgt. Heru Santoso and First. Sgt. Sriyono.

He said the prison assailants had taken their AK-47 rifles from the Kopassus training site at Mt. Lawu. He said they also took along two AK-47 replicas and a replica of an SIG Sauer gun.

The Army investigative team was established after Army chief of staff Gen. Pramono Edhi Wibowo said there were indications that Army personnel may have been involved in the killings. The team assisted the police's investigative team.

A few hours before the Army announcement, National Police detective chief Comr. Gen. Sutarman announced that that the police had collected bullets, projectiles and fingerprints left behind by the prison assailants, but did not mention identifying any suspects.

The prison raid resulted in the deaths of Hendrik Angel Sahetapy alias Deki, Gamaliel Yeremianto Rohi Riwu, Adrianus Candra Galaga and Yohanes Juan Mambait. They were in custody while undergoing investigation into the death of First Sgt. Heru Santoso at Hugo's cafe and First Sgt. Sriyono, who was reportedly fatally stabbed when attempting to arrest the four. (dic)

Criminal justice & prison system

Presidential insult ban to 'instill respect'

Jakarta Globe - April 8, 2013

Markus Junianto Sihaloho – Legislators have come out in defense of a controversial push by the government to reinstate criminal charges for insulting the president, a provision that was previously struck down for being unconstitutional.

Nurhayati Ali Assegaf, the chairwoman of the Democratic Party at the House of Representatives, said on Sunday that it was essential to restore the article to the Criminal Code to protect the presidency.

"This article will provide protection to the president and protect his human rights," she said during a discussion as quoted by Detik.com.

She added that the president and vice president were "symbols of the country," and that recent popular demonstrations against President Susilo Bambang Yudhoyono, who chairs the Democratic Party, had gotten out of hand with protesters burning his picture.

"It seems we need to instill a sense of respect in the people so that there's no more moral degradation," Nurhayati said. "If [people] keep lampooning and insulting him, it's possible that no one will want to be president. They'll feel it's a lot of hard work just for getting insulted."

The Criminal Code previously included an article that made insulting the president or vice president a criminal offense punishable by up to five years in prison and Rp 300 million ($31,000) in fines. However, it was struck down in 2006 by the Constitutional Court on the grounds that it infringed on citizens' constitutionally guaranteed freedom of expression.

The government is now seeking to reintroduce the article in proposed amendments to the Criminal Code, a draft bill of which was submitted to the House last month for deliberation.

Ahmad Basarah, a legislator on House Commission III, which oversees legal affairs and is responsible for reviewing the proposed amendments, said he also agreed with the move but insisted that the article make a clear distinction between insults and criticism, so that the public could still speak out if criticism was warranted.

"The House and the government must be very careful in deliberating this point because we don't want to have an article that's open to interpretation and that can be used by the authorities to silence critics of the government, like in the New Order era," he said on Sunday.

Ahmad, from the Indonesian Democratic Party of Struggle (PDI-P), conceded that the Constitution made no explicit prohibition on insulting the president, but argued that it was logical to have such a provision in place.

He previously said the article was necessary to uphold the dignity of the presidency as an institution, if not necessarily of the president as an individual. "We have to have measures protecting the rights of the officeholder and the dignity of the office," he said on Friday.

However, critics have blasted the government's proposal, warning that it risked a return to the heavy-handed ways of Suharto's New Order regime.

Irman Putra Sidin, a state administrative law expert from the University of Indonesia, said on Friday that the government should understand that citizens had a right to criticize public officials, including the president, within the bounds of reason and if the criticism was warranted.

Push for presidential insult article draws more flak

Jakarta Globe - April 6, 2013

Anastasia Winanti Riesardhy & Markus Junianto Sihaloho – The debate over a government proposal to reinstate criminal charges for insulting the president is heating up, with critics calling the move unconstitutional and proponents arguing for the need to safeguard the president's dignity.

Irman Putra Sidin, a state administrative law expert from the University of Indonesia, pointed out on Friday that the article in question, included in proposed amendments to the Criminal Code, had previously been struck down by the Constitutional Court.

"So it would be haram [forbidden under Islam] for the House of Representatives and the president to seek to revive this article," he said in Jakarta. "It's the same as bashing the essence of the Constitution."

Irman said the government should understand that citizens had a right to criticize public officials, including the president, within the bounds of reason and if the criticism was warranted.

But he also said there should be a set of standards in place to gauge what kind of criticism was permissible and what was considered excessive or inappropriate.

"We need to have this system in place so that we can have a constructive and civilized discourse. That's the kind of thing we should be working toward, not trying to revive a mummified article," he said. "Even with that article in place, it would not guarantee legal protection for the presidency from criticism."

The Criminal Code previously included an article that made insulting the president or vice president a criminal offense punishable by up to five years in prison and Rp 300 million ($31,000) in fines.

However, it was struck down in 2006 by the Constitutional Court on the grounds that it infringed on citizens' constitutionally guaranteed freedom of expression.

The government is now seeking to reintroduce the article in proposed amendments to the Criminal Code, a draft bill of which was submitted to the House last month for deliberation.

Irman said that even if the House approved of the article for passage along with the other amendments, it was bound to be challenged once again at the Constitutional Court and struck down.

However, Ahmad Basarah, a legislator on House Commission III, which oversees legal affairs and is responsible for reviewing the proposed amendments, said he believed the article was necessary to uphold the dignity of the presidency as an institution, and not necessarily of the president as an individual.

"We have to have measures protecting the rights of the officeholder and the dignity of the office," he said.

But he also acknowledged the right of citizens to criticize the president, and said the proposed article should make a clear and unwavering distinction between a critique and an insult.

He also promised that the House would consider all arguments when deliberating the bill to ensure that lawmakers arrived at the best outcome possible.

"We have to involve all stakeholders in our discussions, so that the definitions of insults and critiques are clearly outlined and not open to interpretation in the future," Ahmad said.

MUI throws support behind proposed witchcraft law

Jakarta Globe - April 3, 2013

Ezra Sihite – The Indonesian Ulema Council (MUI) on Wednesday said it would support a revision of the criminal code (KUHP) which includes a controversial article that would punish witchcraft.

"We agree that witchcraft should be classified as criminal offense," council chairman Ma'ruf Amin said on Wednesday.

Ma'ruf said black magic and witchcraft were also prohibited in the Koran. However, he admitted that the MUI did not have any suggestions for how law enforcers could prove people were practicing witchcraft. "For the legal evidence, we may have to consult with legal experts," he said.

MUI has issued a haram edict against the witchcraft practice. "We have declared since a long time ago that performing witchcraft and black magic is haram [forbidden]. We hope legal experts will come up with the method to prove the offense," he said.

The proposal has seen widespread criticism after the KUHP revision on black magic hit the media in March, when the Justice and Human Rights Ministry sent the draft to the House of Representatives for deliberation in March.

Under Article 293 of the revised KUHP, "everyone who believes that they have magic power, informing hope, offering services that they can cause illness, death, mental or physical suffering to someone, can be sanctioned to spend at the longest five years in jail or be fined at the largest Category IV [Rp 300 million, or $30,794]."

Police & law enforcement

Public lean to vigilantism in place of law

Jakarta Globe - April 8, 2013

The alarming move toward street justice appears likely to continue, with a new survey finding 57 percent of the public were dissatisfied with law enforcement in the country.

The Indonesian Survey Circle (LSI) survey found 31 percent of respondents said they would take matters into their own hands because they did not believe that the legal process would give them justice.

Despite the high dissatisfaction figure, 46 percent respondents still said they believed people accused of crimes should be processed in accordance with the law.

The survey found 30 percent of respondents were satisfied with the legal process. Some 23 percent of respondents did not answer or said they did not know.

LSI researcher Dewi Arum said the low public trust in law enforcement could lead to anarchy. "It's not an exaggeration or a surprise to see the many instances of street justice in several areas of Indonesia," Dewi told a media conference on Sunday.

She cited several recent cases – a prison attack in Sleman, Yogyakarta, an attack on Ogan Komering Ulu police station in South Sumatra and vandalism on the government building in Palopo, South Sulawesi – as evidence that the public no longer trusted law enforcement.

"Those who were dissatisfied and didn't believe that a case could be solved fairly through the formal legal system eventually took matters into their own hands," Dewi said.

Dissatisfaction toward law enforcement has grown year-on-year. An LSI survey in January 2010 found that 37 percent of respondents were dissatisfied with law enforcement. The figure grew to 41 percent in October 2010. In September 2011, it jumped to 50 percent and remained at that level in October 2012.

They survey that found many people believe President Susilo Bambang Yudhoyono has failed to improve on the law enforcement system left by his predecessors.

Some 41 percent respondents said that law enforcement during Yudhoyono leadership matches that of earlier eras, 27 percent said the situation was worse and only 23 percent said it was better than under previous administrations.

The survey was conducted last Monday to Thursday and involved 1,200 respondents across all 33 Indonesian provinces. The margin of error was 2.9 percent. The survey was accompanied by qualitative research using media analysis, focus groups and in-depth interviews.

Dewi attributed growing dissatisfaction to several factors. Firstly, low public confidence that law enforcement officers would act fairly, with the majority of respondents believing law enforcement officers in Indonesia could easily be persuaded to accommodate vested interests.

Secondly, many politicians, ministers and government officials are involved in corruption cases. Thirdly, the tacit acceptance of mass riots by law enforcers, such as attacks against Ahmadis and Shia followers.

The final factor is weak national leadership in upholding the law consistently. Dewi said that people close to Yudhoyono had committed corruption despite the president's anti-graft statements.

Public has little faith in government, law enforcers

Jakarta Post - April 8, 2013

Margareth S. Aritonang, Jakarta – A public opinion survey has revealed a poor perception of the performance of President Susilo Bambang Yudhoyono's administration in law enforcement and also that the general public distrusts law enforcement agencies.

The Indonesian Survey Circle's (LSI) survey showed that only 29 percent of respondents said they were satisfied with the government's performance in enforcing the law.

"All segments of society, whether in rural and urban areas, rich or poor, with low or high levels of education, are dissatisfied with law enforcement," researcher Rully Akbar of the LSI said.

The LSI found that the dissatisfaction stemmed from rampant corruption involving government officials, unresolved social conflict and the high level of impunity enjoyed by members of the National Police and the Military.

"Our survey concludes that the state has committed human rights violations against the people by allowing rampant corruption to happen and by condoning the actions of vigilante groups," Rully said on Sunday.

For the survey, the LSI interviewed 1,200 respondents as well as engaging with them in focus group discussions between April 1 and April 4. The survey also found people in rural areas and in lower income brackets were more suspicious of the government.

"More than 60 percent of the respondents live in rural areas and these people are convinced that law enforcement is particularly tough on people without access to capital or power. These people think that the law favors the middle and upper classes, especially those who have financial capital," LSI researcher Dewi Arum said.

The survey concluded that "the less educated the people, the more alienated they are from the law."

The LSI also found that government law-enforcement failures, including the failure to provide justice for religious minority groups, had encouraged more Indonesians to resort to mob rule in resolving legal disputes.

"More than 30 percent of our respondents preferred to use mob rule rather than rely on the authorities and the legal process. This is their only way of imposing fair punishment on perpetrators. This is a significant number, and it will continue to increase unless the government starts to enforce the law," Dewi said.

Not only had Indonesians lost faith in law enforcers, they had also became more violent in responding to injustice, Dewi added.

This tendency has been demonstrated in a number of violent attacks against individual members of the police or against police's posts, including the recent attack that claimed the life of Adj. Comr. Andar Yones Siahaan in North Sumatra; as well as attacks on government buildings.

Andar, chief of the Dolok Pardamean Police precinct of North Sumatra, was beaten to death by dozens of people during a raid on a gambling den in late March.

As a solution the LSI called on the government to improve the welfare of the country's law enforcers to prevent them from abusing their power for their own personal interests.

New police chiefs installed

Jakarta Post - April 3, 2013

National Police chief Gen. Timur Pradopo has promoted Insp. Gen. Saud Usman Nasution and Brig. Gen. I Ketut Untung Yoga Ana to chiefs of the South Sumatra Police and East Nusa Tenggara (NTT) Police, respectively.

Saud will replace Insp. Gen. Iskandar Hasan, who resigned from his post to run in the South Sumatra gubernatorial election. Saud currently serves as deputy chief of the National Police Criminal Investigations Directorate (Bareskrim).

Ketut, who currently serves as deputy chief of the Bali Police, will replace the outgoing NTT Police chief Brig. Gen. Ricky Herbert Parulian Sitohang.

Meanwhile, Ricky is expected to head the National Police's legal aid bureau, replacing Brig. Gen. Frans Katha Palayukan, who will soon be retiring.

"The new police chiefs will be installed at a ceremony within the next couple of days, along with new police chiefs for West Sumatra, North Maluku and Central Sulawesi," Boy said.

Earlier, Timur appointed Brig. Gen. Nur Ali and Brig. Gen. Ari Dono Sukmanto as chiefs of the West Sumatra Police and North Maluku Police, respectively.

Thirteen police officers fall victim to mob violence in 2013: IPW

Jakarta Globe - April 1, 2013

SP/Erwin Sihombing – In the first three months of this year, a total of 13 police officers fell victim to violence, the Indonesia Police Watch chairman said on Monday, just days after two police officers were killed.

"In 2013 so far, only three months have passed by and there have been 13 police members who were mobbed and slashed, two of whom have died. The latest case is the mobbing against Dolok Pardamean subdistrict police chief Adj. Comr. Andar Siahaan, which led to his death," said IPW chairman Neta S. Pane.

He said that in first quarter of the year, six policeman were attacked by mobs and seven others were slashed with blades. Five of the victims were police officers while the rest were troopers.

According to IPW data, 29 police officers were killed and 14 were injured in 2012, up from 20 police officers killed in 2011.

He attributed the violence to several factors, including low awareness of the law, the discriminatory attitudes of police officers and the lack of training on gathering evidence properly.

"Considering these conditions, members of the National Police should improve the quality of their training so that they can become more professional. In the future, the public will increasingly be desperate in their actions, considering the complex socio-economic problems they face," he said.

Here is the list of victims for the first quarter of 2013, according to the IPW

March 27: About 100 people formed a mob and killed Dolok Pardamean subdistrict police chief Adj. Comr. Andar Siahaan. Violence erupted when Andar attempted to arrest a gambling operator in Butu Bayu Panei Raja village in the Simalungun district of North Sumatra.
March 27: Adj. Comr. Suhardiman, a member of the Aceh Provincial Police, was stabbed to death allegedly by his neighbor in Ulee Kareng, Banda Aceh. The victim was at a roadside coffee shop when he and the assailant got into a dispute.
March 24: First Brig. A.N.L., 30, from the Way Karya subdistrict police in East Lampung, was attacked by a crowd after he was found sleeping over a woman's home in Karanganom while her husband was away.
March 18: First Brig. Eko Budianto, from the Sukmajaya subdistrict police, suffered injuries in his stomach and chest after being attacked by two unidentified men at a police traffic post in Depok, West Java.
March 17: Adj. Comr. Maju Harahap, the head of the traffic unit of the Percut Sei Tuan city subdistrict police in Medan, North Sumatra, was attacked when he tried to redirect traffic. Krismas Efendi Panggabean and Juniter Pandapotan Hasibuan, both 28 years old and members of the Indonesia Youth Reform (AMPI) group, were arrested after they allegedly beat up the officer when he tried to reroute an AMPI convoy on the Jalan Mandala Bypass.
March 15: First Brig. Amirullah, a member of the North Aceh district's traffic police, suffered critical injures when a van carrying marijuana slammed into him in an attempt to avoid a police road check.
Feb. 27: Master Brig. Sugianto who attacked by a man with a machete when he was issuing a ticket to a motorcyclist at the Gayamsari police post in Yogyakarta.
Feb. 14: First Brig. Yusriadi from the National Police mobile brigade (Brimob) suffered wounds after members of a motorcycle gang slashed him in front of a drive-through ATM in Makassar.
Jan. 31: Adj. Sr. Comr. Herman Sikumbang, the deputy head of the South Sulawesi police Brimob, was shot in the chest by a home-assembled rifle when he tried to mediate a clash between supporters of two different candidates during the South Sulawesi gubernatorial election in Makassar.
Jan. 29: Brig. Anthoni, a member of the Manado city police traffic unit, was beaten up after he tried to redirect a group of people during a funeral ceremony in an attempt to ease traffic congestion.
Jan. 17: Second Adj. Insp. Trisna Junaidi, the head of the Gandapura subdistrict police detective unit, suffered from a slash wound after he was attacked by a suspect during an attempted arrest in Gandapura, in the Bireuen district of Aceh.
Jan. 3: Three members of the Coordinating Minister for the Economy's security force allegedly beat up a police officer when he tried to break up a scuffle between protesters and the guards outside of the ministry.
Jan. 2: Master Brig. Ridwan Simanungkalit was stabbed after he tried to break up a brawl in Pondok Kopi, East Jakarta.

Foreign affairs & trade

Indonesia abstains from UN arms trade vote, calling treaty 'one-sided'

Jakarta Globe - April 4, 2013

Daurina L. Sinurat – Indonesia abstained from a landmark United Nations treaty regulating the global arms trade on Tuesday, arguing that it provided an unfair advantage to major arms exporters like the United States, Russia and China.

The Arms Trade Treaty aims to rein in the $70 billion global arms trade by making it harder for countries and armed groups with dodgy human rights to purchase weapons. It would require arms exporters to vet clients' human rights records agreeing to a sale.

The treaty was voted in 154-to-3 by the UN General Assembly on Tuesday. Twenty-three countries, including Indonesia, abstained from the vote.

"The Arms Trade Treaty is expected to reduce human suffering and improve trust among nations, as well as promote international peace," Indonesia's Foreign Ministry said in a statement issued on Wednesday evening.

The Foreign Ministry said it agreed with the spirit of the regulation, but took exception with what Foreign Minister Marty Natalegawa called the "one-sided authority" it gave to arms exporters.

Under the treaty, it is the responsibility of arms exporters to assess the human rights records of client countries.

"The draft gives an impression that arms trade is decided or influenced by conditions for weapons importers in regards to human rights abuses," Marty said during a press conference in Jakarta on Wednesday. "This gives exporters a full, one-sided authority."

The treaty could also conflict with Indonesia's Law on Defense Industry, Marty said. The law stipulates that Indonesia can only purchase arms from sellers who can guarantee that there won't be an arms embargo based on political conditions at the time or any limitations on how the weapons can be used.

Indonesia' Defense Minister Purnomo Yusgiantoro echoed Marty's statement. "We share similar concerns," he said.

Major arms sellers China and Russia also abstained from the vote. Iran, Syria and North Korea cast the three votes against the treaty. The United States, the world's largest arms exporter, voted in favor of the treaty despite strong opposition from gun lobbies back home.

Indonesia has objections to human rights precondition in arms treaty

Jakarta Post - April 3, 2013

Bagus BT Saragih, Jakarta – Foreign Affairs Minister Marty Natalegawa said on Wednesday that Indonesia's decision to abstain for the UN General Assembly's approval of the global arms trade treaty came from its objections to the treaty's draft, which required exporters to assess the human rights records of their potential buyers.

"Indonesia's stance on this matter is clear. We support the idea on the need of a treaty to manage or regulate the international trade of weapons," said Marty at the State Palace.

"But the problem is, the draft treaty that was brought to the UN General Assembly for voting yesterday contained a concept of conditionality in which arms exporters should assess the human rights conditions in the buyer countries," he added.

However, Marty denied that Indonesia was worried about the international perception of the country's human rights record and that this could hamper its arms procurement with its trading partners.

"Our concern was that the draft treaty would allow exporter states to unilaterally assess whether a country upholds human rights principles and they would use it to determine the country's eligibility to buy weapons. It is very one-sided," said the Minister.

According to Marty, the authority to make such an assessment would only belong to "a neutral group which contains eminent persons with relevant expertise for the assessment".

Marty said Indonesia hoped that the treaty could accommodate the establishment of such a neutral group.

The resolution, which regulates the international trade in conventional arms, received 154 votes in favor. Three member states - Iran, North Korea, and Syria - voted against the decision. Indonesia joined 22 other countries that abstained. (ebf)

Economy & investment

Distribution costs remain high as port conditions worsen

Jakarta Post - April 8, 2013

Nurfika Osman, Jakarta – Healthy economic growth has allowed for the logistics industry to enjoy a 14.5 percent growth to Rp 1,634 trillion (US$168.3 billion) this year, creating strong flow of capital and driving manufacturing.

According to a recent survey by Frost&Sullivan, total ocean cargo volume is expected to increase by 6.1 percent to 1 billion tons in 2013, compared to 943.1 million tons in 2012. Seaports handle more than 90 percent of total non-road freight traffic. However, weak infrastructure and poor connectivity will slow down growth.

"A lot of ports in Indonesia are underdeveloped; some are even facing problems such as the tidal floods experienced at Semarang Port. This will increase logistics costs in addition to reducing efficiency," Indonesian National Shipowners Association (INSA) deputy chairman Asmari Herry told The Jakarta Post.

Many ports are operating overcapacity and most of them do not have areas for loading and unloading activities or warehouses to store containers, he said. The country's main gateway, Tanjung Priok Port, for instance, handled almost 6.3 million 20-foot equivalent units (TEUs) containers last year while it was originally designed to accommodate only 5 million TEUs. The figure is expected to reach 7 million TEUs by the end of this year.

State-run port firm Pelindo II, also known as the Indonesian Port Corporation (IPC), is developing Kalibaru Port or New Priok to help ease loads at Priok. Kalibaru's first terminal is expected to commence operations in early 2015 with a total capacity of 1.5 million TEUs.

He also said that the ports' silted-up turning basins and access channels limited ship traffic to the ports, not only in ports operated by the Transportation Ministry but also in those operated by state-run operators Pelindo I to IV.

"After that, the goods face poor access when they are transported to the industry center. Again, it increases logistics costs, particularly trucking costs," he went on. As a result, logistics costs were now 27 percent of gross domestic product (GDP) and account for 14.08 percent of the price of goods.

This ranks the country in 59th place on the World Bank's 2012 logistics performance index, out of 155 developing and high-income economies, lagging behind neighbors Malaysia (29th), Thailand (38th), the Philippines (52nd) and Vietnam (53rd).

Separately, Transportation Minister E.E. Mangindaan said that the government was accelerating sea transportation infrastructure to anticipate logistics demand in the future.

"We are preparing the infrastructure, not only for the ports themselves but for access from and to ports as stated in the National Transportation Development Plan 2010-2015. We want to make the logistics chain more smooth," Mangindaan said recently.

The ministry spent more than Rp 6 trillion in 2012 and 2013 to develop 131 ports; expansion projects in 53 ports and construction of 78 new ports, especially in the eastern provinces.

Moreover, Public Works Ministry's director general for highways, Djoko Murjanto, said that the ministry had set aside Rp 5 trillion to maintain national roads, including access to ports.

Slow disbursement threatens GDP growth

Jakarta Post - April 5, 2013

Satria Sambijantoro, Jakarta – The slow disbursement of the state budget for infrastructure development may further threaten growth in the country's gross domestic product (GDP) that has been mired by the decline in the country's exports in recent months.

Deputy Finance Minister Anny Ratnawati said in Jakarta on Thursday that, in the first quarter this year, the government only disbursed 5.6 percent from Rp 194 trillion (US$20 billion) of funds allotted for capital expenditure, which comprises spending for assets and infrastructure projects needed to solve distribution bottlenecks, create jobs and propel economic growth.

She said that the realization was around 2 percent worse than last year's figure, signaling little progress in the government's efforts to accelerate budget disbursement, such as by simplifying the tender system and cutting bureaucratic red tape.

In 2012, the government only managed to disburse 79.6 percent from Rp 176 trillion allocated for capital expenditure.

Anny said that the low realization of capital spending might cause "downward correction to growth" considering the huge multiplier effects of infrastructure spending to the economy.

"We have summoned 20 ministries to identify why their disbursement was slow," Anny told reporters in the Office of the Coordinating Economic Minister in Jakarta.

"Capital spending is labor-intensive, that's why it is important to expedite its disbursement. There must be progress on this; our concern is that the ministries should be pushed to have a better budget disbursement," the deputy minister added.

The government targets economic growth to top 6.8 percent this year, but Anny acknowledged that Indonesia might only expand by 6.6 percent, looking at how recent developments have unfolded, including the low realization of capital spending.

By the end of 2012, the amount of idle and non-disbursed funds (SILPA), stood at Rp 34 trillion. The President's National Economic Committee (KEN) previously warned that for every Rp 100 trillion of state funds that was not disbursed, the economy had lost the opportunity to grow by an additional 0.7 percent.

Indonesia posted only 6.2 percent of annual economic growth last year, lower than its initial target of 6.5 percent.

The failure to meet the economic growth target was attributed to weak exports and modest contribution from government spending, with the latter contributing only 0.1 percent to Indonesia's annual economic growth in 2012, according to data from the Central Statistics Agency (BPS).

Bank Mandiri economist Leo Putra Rinaldy predicted that Indonesia might fail to meet its growth target of 6.8 percent in 2013, citing slow global economic recovery that would continue to drag its exports, coupled with soaring domestic inflation that might curb the people's purchasing power and, consequently, undermine household consumption.

He warned that investments – touted by Finance Minister Agus Martowardojo as the main growth driver in 2013 – are now "showing a moderating trend", suggesting policymakers should push up government spending to propel growth.

The fact that the realization of capital spending saw little improvement each year showed that Indonesia had an underlying problem, with some ministries apparently lacking the human resources capacity in budget planning, according to Latief Adam, an economist with the Indonesian Institute of Sciences (LIPI).

"This happens because some ministries are yet to eliminate the regulations and red-tape bureaucracy, preventing their funds from being disbursed quickly," Latief said on Thursday.

Economists have warned that Indonesia, which has enjoyed a six-plus percent economic growth year-on-year for nine consecutive quarters since October 2010, must accelerate its spending in infrastructure areas such as roads, railways, ports and power plants, if the country wants to make its present growth level sustainable.

Analysis & opinion

What actually happened in Cebongan prison? (Part 1 of 2)

Jakarta Post - April 5, 2013

Sabam Siagian, Jakarta – On Good Friday, March 29, Army chief of staff Gen. Pramono Edhie Wibowo gave a rare press conference at the historic Army headquarters, which is located on the corner of Jl. Medan Merdeka Utara and Jl. Segara. Up until the mid-1950s, it was the Dutch army headquarters where the two general offensives against the Republic of Indonesia were prepared.

Pramono convened the meeting on the public holiday in order to underline the urgency of the matter to be discussed: the commando-style raid on a prison in Cebongan, Sleman regency, Yogyakarta – Four detainees were killed execution-style: Johanes Juan Manbait, Gamaliel Yeremianto Rohi Riwu, Adrianus Candra Galaja and Hendrik Angel Sahetapy, alias Deki. The raid occurred on Saturday morning, March 23. The four detainees had been accused of killing Sgt. Heru Santoso, a former Army's Special Forces (Kopassus) member in a fight at Hugo's cafe in the Sleman area.

Police observers reported that 17 persons took part in the raid, all wearing masks except for two persons – one who knocked at the entrance gate and another who held a stopwatch to monitor the duration of the raid. The entire operation was completed within 15 minutes.

The weapons carried by the assailants were identified as possibly being AK-47s, FN pistols and hand grenades.

This latest blatant violation of the law by what seemed to be military- trained men was a crowning event of a series of recent clashes involving military and police personnel. These incidents have created a sense of instability and lawlessness. No wonder President Susilo Bambang Yudhoyono made a forthright statement through spokesperson Daniel Sparringa three days after the raid.

The President rightly considered the execution-style killings as a direct attack on the state's authority. In his instructions to National Police chief Gen. Timur Pradopo, Yudhoyono ordered a thorough investigation, the arrest and the legal prosecution of the perpetrators.

This is such a tough presidential instruction given the rife speculation that it was highly probable that the assailants were military personnel given the precision displayed. Diponegoro Military Commander Maj. Gen. Hardiono Saroso overseeing Central Java and Yogyakarta strongly denied the speculation. In a statement, he guaranteed that no military personnel under his command could possibly have taken part in the Sleman raid. He also stated that AK-47s were no longer used by the military.

One can only guess whether the general was dallying in double-talk, considering the rife speculation that commandos, dressed in civilian clothing, were most likely involved. It is well-known that a Kopassus forward base (Group II) is located in Kartasura, near Surakarta, less than a two-hour drive from Sleman.

Technically Hardiono was not lying, since operationally special commandos are not directly under his command, but receive operational instructions from the Kopassus headquarters in Cijantung, south of Jakarta. And the Kopassus commander reports directly to the Army chief. That's why Pramono in his Good Friday press conference defended the Central Java regional commander by saying that based on incomplete information at that time, Hardiono had to issue a clear statement in order to ensure regional order and security.

As is the case with special commandos in a number of countries, the Indonesian red berets have a colorful history. Pramono's late father, Lt. Gen. Sarwo Edhie Wibowo, was commander of the red berets in 1965 and 1966 and a popular figure among the anti-communist student movement. Gen. Soeharto used Sarwo Edhie's red berets as an effective instrument in neutralizing remnants of the Indonesian Communist Party (PKI) after their clumsy grab for power in early October 1965.

The commando unit was established in mid-1952 by the illustrious Col. Alex Kawilarang, commander of the West Java Siliwangi division. (He came from a family steeped in military tradition. His father, Maj. Kawilarang, was one of the few Indonesians who reached that rank in the Dutch East Indies Army, KNIL). Alex himself graduated from the Royal Military Academy in Bandung on the eve of the Japanese invasion in February 1942.

In order to establish security and order in West Java and overcome the increasing vicious attacks by the Darul Islam movement, which was determined to establish an Islamic state, Col. Kawilarang decided to establish a commando unit specializing in anti-guerilla operations. Given its long history and significant role during crucial moments of Indonesian modern politico-military history (to mention just two events: the daring airborne operation in Pekanbaru, Riau, to neutralize the proclaimed counter government in West Sumatra, the PRRI, in February 1958; and the 1965/1966 operations to neutralize the PKI) and Pramono's personal attachment as a former Kopassus commander, obviously he had to perform a balancing act during the Good Friday press conference. We would like to compliment him for his skillful performance.

On the one hand, he stated forthrightly that the Republic of Indonesia is a law-based state. "Everybody has to respect the law". "Trust us. Scrutinize us. We will be transparent. I pledge, whoever is proven guilty will be punished – whoever is clearly innocent will be defended. Now is the time to be transparent." Such strong words from the Army chief. Now we are waiting to see whether all those lofty words will be acted upon.

[The writer is a senior editor at The Jakarta Post and was a recipient of the Nieman Fellowship for Journalists at Harvard University, class of 1979.]

What actually happened in Cebongan prison? (Part 2 of 2)

Jakarta Post - April 5, 2013

Sabam Siagian, Jakarta – Everywhere, including in democratic countries, gaps are always noticeable between strong and clear statements delivered by their leaders and concrete actions implementing those statements.

However, it is saddening to observe, in the closing years of President Susilo Bambang Yudhoyono's administration, how that gap is noticeably becoming ever wider. "Trust", which Gen. Pramono Edhie Wibowo so keenly expected from the public, is indeed becoming a rare commodity.

The formation of an Army investigative panel announced during the Good Friday press conference already creates doubts on its efficacy. It is headed by the deputy commander of the military police, with the eight other members representing the Diponegoro Military Command, the subregional command, the local sectorial command, and last but certainly not least, the Army's Special Forces (Kopassus). Initial responses from various civil society organizations have been quite positive, but one also notices among the public the keenness to see a concrete result in a short time. Indeed, Yudhoyono in a Cabinet meeting on Monday again expressed his clear stance that the investigative efforts regarding the prison raid at Cebongan should be "transparent" and "accountable". He said he would support the separate investigations by the Yogyakarta provincial police and by the Army headquarters.

And herein lies the problem. There are now at least three investigations going on. Besides the two mentioned, the National Commission on Human Rights (Komnas HAM) is conducting its own investigation. Its chairperson, Siti Noor Laila, is quite ambitious in outlining the commission's working agenda.

She said she intended to summon the Diponegoro Military Commander, the subregional commander and others. "We will not visit the officials related to this case individually. We will call them to appear before the commission."

Pramono has diplomatically welcomed the rights commission's investigative efforts. "However, there are established procedures that should be followed before a military officer is allowed to appear before the commissioner," the general stated in his Good Friday press conference. One can sense that efforts are in the pipeline, in case, for instance, the commission summon the commander of the Kopassus' Group II. It's only logical that the commission would like to find out what sort of movement was recorded on March 13.

Frankly, we are skeptical whether all these investigations will produce the results expected by an anxious public despite the lofty pledges by the President and the Army chief. Differing goals, as pursued by at least the three investigations, will hamper thorough efforts to tackle the roots of the problem.

The Army headquarters' investigative panel is too incestuous in its make up in which at the end of the day rank will be a determining factor. Let us assume, for discussion sake, that commandos were involved based on records and evidence. Will the Army headquarters' investigative panel recommend the demotion of the Kartasura-based commander? Or will it "sacrifice" a mere sergeant to protect the reputation of the red berets, especially after prominent former Kopassus commanders appealed to Pramono that he should never forget his red beret roots. The pseudo-tribal culture tends to be pervasive among elite military units.

And the police? As a matter of fact, the Yogyakarta provincial police have plenty of relevant material related to the Cebongan raid, but for obvious reasons – weakened after recent revelations of mind-boggling corruption cases – are reluctant to be "transparent" and "accountable" as instructed by the President to whom the National Police are accountable. After becoming aware of relevant materials circulating in the social media, the police are apparently conducting a sort of psychological warfare by indirectly releasing some of the data available to shape public opinion to their advantage.

The lame duck in this Cebongan drama is the National Commission on Human Rights. It does seem courageous its intention to summon military officials to be intensely interviewed regarding the facts surrounding the Cebongan prison raid. Alas, due to recent internal bickering, the commission has lost considerable weight and prestige. It is not so difficult to predict that its efforts will be stonewalled by all sorts of bureaucratic red-tape.

Most probably, the commission will then publicly complain that the military and the police are being uncooperative and do not respect the basic right of the Indonesian people to learn what actually happen that made blatant cold-blooded murder possible. Consequently, the overall relations between the ruling elite and the public will sour. The "trust" that Pramono is so anxious to seek will remain elusive.

What then needs to be done? The President should set up a national commission on law enforcement related to the Cebongan case. A presidential decree should be issued outlining its mandate and specific tasks. Prominent civil society leaders should be asked to serve, such as Adnan Buyung Nasution (former member of the Presidential Advisory Body), Todung Mulya Lubis (a prominent human rights lawyer), Azyumardi Azra (Muslim scholar from Syarif Hidayatullah Islamic State University) and Mahfud MD (former chief of the Constitutional Court). In order to ensure a level of linkage to the center of power, probably it would be tactical to appoint the coordinating political, legal and security affairs minister and Air chief Marshall (ret.) Djoko Suyanto as the panel chairpersons.

The three existing bodies should complete their investigative tasks. The national commission on law enforcement related to the Cebongan case could benefit from their findings. But it would have to submit its own recommendations.

What is at stake here is safeguarding public trust in state governance in order to prevent social anarchy. That's why a piecemeal approach in tackling the Cebongan case is so woefully inadequate.

[The writer is a senior editor at The Jakarta Post and was a recipient of the Nieman Fellowship for Journalists at Harvard University, class of 1979.]

The 30 percent quota

Jakarta Post Editorial - April 4, 2013

Enter the most controversial number, 10 years after the law on political parties lamely stated that parties "may" field 30 percent of women among their legislative candidates.

Ahead of the deadline to submit the candidate lists for local councils and the national legislature in 2014, political parties must ensure that one out of every three candidates they nominate is a woman. Parties must submit their lists to the General Elections Commission (KPU) from April 9 to 22, extended from the earlier deadline of April 15.

Party leaders insist that the KPU's rule misinterprets the law on elections, saying the quota should only apply to candidates for the House of Representatives (DPR). However, the commission said on Monday that the rule sticks; thus any of the 12 national parties and three local parties eligible to contest the 2014 elections will be disqualified from districts in which they do not meet the conditions.

The purpose of the quota is fine, party leaders say – but where are the women with even the remotest interest in entering politics, especially in the villages? Even harder, they say, is to find qualified women. And many women representatives have turned out to be just as corrupt and clueless as the men.

In competing for an estimated 190 million voters, the 12 parties will be contesting more than 20,000 seats at the regental, municipal and provincial legislative councils and at the House – therefore fielding over 240,000 candidates, including 80,000 women, if parties manage to get candidates for all available seats.

Sixteen years after the end of the New Order, 2014 should bring a fresh start. Indonesia needs more female decision-makers to better represent half of the population, as they would easier relate to many issues such as severely unequal access to crucial needs. One example is the new reports of the death of 95 villagers in West Papua due to hunger, which the Health Ministry is investigating.

There will certainly be problems when political parties fail to contest one or many electoral districts. But such failure will trigger debates and a search for strategies to increase women's interest in running for office – and the necessary support for them.

For few would plunge into politics when the spouse and kids still demand Mom's full attention; when costly campaigns involve the likelihood of selling property, a decision in which many women have little say, and when untrained women suddenly find they must speak assertively at late night, male-dominated meetings.

Affirmative action is about leveling the playing field, and constant hammering about the quality of female legislators is a shameless double standard – note the low performance of the legislative bodies and high record of scandals.

Studies say the legal recognition of the quota for women contributed to increased participation in the polls – the 2009 election resulted in an unprecedented 18 percent of women, or 101 of the 560 seats in the legislature, and an average 16 percent on provincial councils. When many turned out to be incompetent, critics said, of course, the natural place for women was in the home.

Yet in the desperate search for more able and caring leaders, by 2014 more voters will consider it natural for women to join the electoral race – especially women who have surmounted mountains of obstacles, not least within their homes.

A lawless nation

Jakarta Post Editorial - April 3, 2013

Acts of violence are creating an image for the nation that is quite different from that presented in hospitality advertisements to woo foreign tourists.

The recent arson attack on the mayor's office Palopo, South Sulawesi, and raids on several other buildings, including the editorial offices of the Palopo Pos daily, on Sunday were only the latest in a string of attacks that nobody can predict will end.

Over the last few months, brutality has trumped the better angels of our nature across the archipelago, which stretches from Aceh at its westernmost tip to Papua in the east.

People were understandably shocked, given that the violence in Palopo came just after reports of soldiers who burned down a police station in Ogan Komering Ulu, South Sumatra; a mob that killed a police station commander in Simalungun, North Sumatra; the murder of a police officer in Aceh and the murder of suspects inside their cell in a prison in Yogyakarta.

The incident in Palopo was perhaps characteristic of the dynamic nature of the nation's democracy, particularly due to the high expectations of voters for their candidates to win in free elections. The central government in Jakarta is mulling having regents and mayors elected by regional legislative councils, as was done during the New Order, to prevent unnecessary electoral conflict, damage and fatalities.

In the interim, the government has been looking for scapegoats and scholars have been digging deep to find the root causes of the violence. While many explanations have been offered as to what triggered the incidents, we should take our cue from reports that said that angry people took matters into their own hands due to their distrust of the way the law has been implemented in the nation.

The public's disgust with law enforcement has not suddenly emerged, but has been built up over time as some people have enjoyed impunity, blatantly contradicting the basic principle of equality before the law.

How can the government encourage people to abide by the law if the young son of a top minister was freed after he was convicted of killing two people in an traffic accident while other less-well-connected defendants were thrown into prison. The public has also been left flabbergasted after prominent tycoons fled the nation just before bans on their overseas travel were imposed.

The notion of equality before the law has quite obviously been tossed out the window when some politicians remain at large after they were declared corruption suspects while those from other parties were immediately detained. Law enforcers may speak at length about their discretion. For the man or woman on the street, however, seeing is believing.

What can we as citizens say about a system that has sentenced people to six months' imprisonment for murder done in the name of religion?

There are always loopholes, faulty prosecutions and bad verdicts in any nation. However, there are far too many problems in Indonesia. There are the untouchables among us whom law enforcers cannot bring to justice because of their access to power.

Strict and fair law enforcement is all that the nation needs to maintain popular confidence in the legal system and to discourage people from taking the law into their hands. As long as the elite think they have the right to bend the law, the masses will follow suit.

Distrust in the law is a clear signal of a failed state. Perhaps we are headed that way, after all.