Yogyakarta – Dozens of artists in Yogyakarta slammed the city administration for bringing a street artist to justice after he was arrested for drawing graffiti on the wall of an empty house on Jl. Brig Jend Katamso.

MAB, 17, was arrested by officers of the Public Order Agency on Monday and was tried at the Yogyakarta District Court on Thursday.

Presiding judge Susanto Isnu Wahyudi said that MAB was found guilty of drawing graffiti on the wall of the house and that he had violated the 2006 Yogyakarta Regional Regulation on Sanitation Management.

"We sentenced him to seven days in prison, but the defendant doesn't need to serve the sentence unless he commits the same crime within 14 days," Susanto said, adding that MAB also had to pay the Rp 1,000 (9 US cents) legal cost.

On Sunday evening, a number of artists, which took part in an art festival called "Searching for Haryadi" drew graffiti reading "Yogya is not for sale". The artists held the festival as a protest against Yogyakarta Mayor Haryadi Suyuti's policy on managing the city.

Public order officers painted over the graffiti. MAB, who happened to pass the area on Sunday at around 11 p.m., tried to re-draw the graffiti with his friend before officers arrested him.

The artists have slammed the arrest, saying that it was against freedom of expression. Yogyakarta city spokesman Tri Hastono said that the arrest had nothing to do with the words written on the wall.

Supreme court returns TPI ownership to Suharto daughter

Jakarta Globe - October 10, 2013

The Supreme Court on Thursday said that it has ruled in favor of Siti Hardiyanti Rukamana in a dispute surrounding the majority of ownership of MNC TV and returned shares of the TV station to the eldest daughter of former president Suharto.

Court spokesman Ridwan Mansyur said the verdict was handed down on Oct. 2 by a panel of justices comprising Soltoni Mohdally, Takdir Rahmadi and I Made Tara.

"[The Supreme Court] grants the appeal filed by the plaintiff... and declares that the defendants have acted against the law," Ridwan told Indonesian news portal vivanews.com.

The verdict annulled a ruling made by the Jakarta High Court and upheld the one handed down by the Central Jakarta District Court on April 14, 2011.

The dispute dates back to an extraordinary shareholders meeting of the free-to-air TV station, then going by the name TPI, on March 18, 2005.

During the meeting, Berkah Karya Bersama, a company owned by Indonesian media mogul Hary Tanoesoedibjo, now CEO of MNC Group, took over 75 percent of shares in TPI that originally belonged to Tutut using a power of attorney said to represent shareholders.

The Central Jakarta District Court in its 2011 verdict said the shareholders meeting was illegitimate and that the power of attorney was invalid.

Berkah appealed to the high court, with Hary claiming 75 percent ownership after Tutut handed over the stake to Berkah in exchange for the settlement of her debt to the company, which amounted to around Rp 1 trillion ($86.5 million).

Liberalisation strengthens foreign domination: NGOs

Antara News - October 9, 2013

Jakarta – Two Indonesian non-governmental organisations have criticised APEC's decision to boost liberalisation, claiming that it would only strengthen foreign domination in the country.

"Liberalisation will strengthen foreign investors' domination in the monopoly of trade and natural resources in Indonesia," said the executive director of Wahana Lingkungan Hidup (Walhi), Abet Nego Tarigan, in a written statement received here on Wednesday.

Sharing his views, Aliansi Rakyat Indonesia's spokesman, Irhash Ahmady, said advanced countries would use liberalisation and intervention in various global meetings to solve their current crises and developing countries, including Indonesia, would only be used as a solution to their problems.

Walhi (the Indonesian Forum for the Environment), along with Aliansi Rakyat Indonesia (the Indonesian People's Alliance), would continue campaigning that Indonesia would not benefit from the recent APEC negotiations.

In view of that, the two non-governmental organisations expressed their rejection to all forms of cooperation schemes produced during the APEC Summit because they believe they are not beneficial and would not build fair trade cooperation.

Earlier, the two NGOs criticised the government for tending to act against small farmers who burnt the forests for agricultural purposes and not taking action against big corporations.

"By continuing to issue concession licenses to large-scale companies that are unable to manage forests and land well, the government has given rise to forest and land fires," they said.

President Susilo Bambang Yudhoyono recently emphasised the need for continuing liberalisation of trade among APEC members to spur economic growth in the future.

When opening the APEC CEO Summit on Sunday morning (Oct 6), he said the move would be one of APEC's important steps for greater economic growth in the future.

"First and foremost, we need to carry out our roles properly to eliminate protectionist policies and continue trade liberalisation that will improve the welfare of the people. We must also assure not only strong but also balanced trade relations," he said.

West Papua

International organisations write to MSG on West Papua

Radio New Zealand International - October 15, 2013

98 international and Pacific NGOS, academics, politicians and individuals have written to the leaders of the Melanesian Spearhead Group voicing support for the West Papuan application to join the MSG.

Those behind the letter – including organisations from Fiji, New Zealand, Australia, Thailand, the Philippines, India and the USA – have welcomed the leadership of the MSG on the West Papua issue.

The MSG is considering a bid for membership in the group by the West Papua National Coalition for Liberation. The grouping has also sought to engage more closely with Indonesia on human rights issues in West Papua.

However the letter describes a threat to the survival of the indigenous Melanesians of West Papua, through rapidly declining population and ongoing human rights abuses, including the denial of the right to self- determination.

The letter was written in solidarity with thousands of West Papuans who have demonstrated over the last year calling for support from their Melanesian neighbours to acknowledge their Melanesian identity and have West Papuans granted MSG membership.

A number of those demonstrations have been met with beatings and arrests by Indonesian security forces.

West Papua activists flag 'independence' anniversary for celebration

Radio New Zealand International - October 15, 2013

Pro-independence activists in the remote Indonesian province of West Papua are planning to mark the anniversary of what they say was their declaration of independence.

At the Third Papuan People's Congress on October the 19th 2011, a large gathering of West Papuans declared the independence of the Federal Republic of West Papua and elected Forkorus Yaboisembut as their President.

Mr Yaboisembut was arrested by Indonesian authorities and remains in prison, along with other activists.

Yoab Syatfle, an activist who says he represents Mr Yaboisembut, says he is warning the local authorities as well as those in Jakarta that people will mark the anniversary on October the 19th and may raise the banned Morning Star flag.

Mr Syatfle says he is seeking recognition of West Papua from the United Nations and regional groups such as the Melanesian Spearhead Group.

Australia's West Papuan asylum seekers to remote camp near PNG border

Radio New Zealand International - October 14, 2013

Six West Papuans who had sought asylum in Australia, but were secretly moved to Papua New Guinea by Australian authorities, have now been moved to a remote part of Western Province, near the Indonesian border.

The six, who were human rights activists, say they had fled Indonesia when security officials began searching for them after their involvement with the Freedom Flotilla from Australia. They are being moved tomorrow to the East Awin camp about 50 kilometres from Kiunga.

A spokesperson for the Freedom Flotilla, Ruben Blake, told DW that the camp at East Awin is long established and the people already there are in a desperate state.

Ruben Blake: The situations for the thousands of refugees that already live there is basically they're being told it's a place for them to be self- sufficient, which seems to be another word for left to fend for themselves there, really. The people living there are in very desperate conditions, they've got a terrible rate of malaria in that camp. There's no UNHDR support there any longer. And the people that live there are basically not free to leave and travel around other places in PNG, and it's an incredibly remote area of PNG where they don't have access to basic services.

Don Wiseman: They're not behind barbed wire, but they're confined to the town.

RB: That's right. There's no barbed wire there, but there's really the problem of the tyranny of distance. Even to get into the Kiunga town is often impossible. They often have to walk for days to get there. And PNG is also, in its treatment of refugees there, they've withheld the freedom of movement that is one of the causes of the refugee convention. So they are restricted in their movement. And the people there, their best hope to get out of there is to be granted a permissive residency permit, which would allow them to travel around and live in other places in PNG. However, that's not granting West Papuans the same rights as they would have as eventually becoming a citizen of PNG.

DW: How real is the threat of Indonesian security crossing the border and sorting people out?

RB: Well, we know from the past that there have been cross-border operations.

DW: Cause I know this was a major concern while these guys were holed up in their hotel in Port Moresby, the fear that they would be threatened by Indonesia, being so close to the border.

RB: Yeah, absolutely. And I guess people there that have lived there in the past have told me that they feel very concerned for their safety and don't feel they have the security of a home. And, yeah, we do know that there are boats from Indonesian incursions, but also at times there's been a threat from the PNG military itself.

Green Party says NZ should be facilitating peace talks in Papua

Radio New Zealand International - October 14, 2013

The New Zealand Green Party says New Zealand should be facilitating peace talks in Indonesia's Papua region rather than sending police advisors.

The New Zealand foreign minister, Murray McCully, announced last week that New Zealand would resume a community policing programme in eastern Indonesia, including Papua and West Papua. It would involve New Zealand police providing training, mentoring and encouraging community engagement.

There was a pilot project in the region in 2009/10 but Green MP, Catherine Delahunty, says that that aid did not change the reality in the region where police violence directed at the indigenous population remains commonplace.

Catherine Delahunty: Talking to West Papuans, this is not what they want from New Zealand. What they want New Zealand to do is to be a leader for peace and help broker a peace dialogue between West Papuan leadership and the Indonesian government. The idea of sending more police over there to do what we'd done before with no evidence that changed anything, to me it's a waste of money. It's also a real concern because it's a smoke screen for what's really going on, which is that there's a culture of violence in the police force in West Papua and a number of people have been shot, harassed, killed and had their human rights basically abused since New Zealand has been doing community policing. So the Green Party would like to see what evidence is there that these programmes of sending over a couple of officers and a few trainers to a situation where the population is basically under siege from the police and the military is doing anything except whitewashing an untenable political situation for the citizens of West Papua.

Don Wiseman: I imagine the minister would claim that something like this is the beginning of this process of improving the quality of the policing.

CH: Well, the minister has claimed that, and since the programme that finished in 2010 allegedly improved things, but from what I've seen the detail of those programmes there appeared to be no proper monitoring and no actual evidence that anything had improved. And you only have to look at the statistics of the killings, the state-sanctioned killings, and the way in which citizens in West Papua have no right to protest and the fact that there has been up till now no access to independent media to verify what's going on. So this is a very unhealthy situation, and rather than sending police over to make it look better, we should actually be calling on the Indonesian government to engage in a proper dialogue.

DW: Would you like New Zealand to be providing aid of any sort to Papua?

CH: At this point in time the most useful thing we can do is to provide political leadership for peace. So aid in a situation where the political situation is very, very contaminated, so it's difficult to provide aid that won't be used as a justification for the continuation of the human rights abuses and the blocks to self-determination. I know that there are some good NGOs who are trying to projects on the ground – we wouldn't block those. But we think that the government's role in this situation is to be calling for and offering to broker or mediate a genuine solution to the situation in West Papua in terms of dialogue and peace between those citizens and their leadership group and the Indonesian government. Sending some community policemen over, no matter how well-intentioned they are, is not going to work, because so many West Papuan citizens have witnessed police violence and killings of family members by the police force and they have seen the state refuse to act to deal with those issues. So we really don't think that New Zealand is playing the rightful role of creating a better situation. Not at all.

Planned MSG foreign ministers visit to West Papua lacks transparency

West Papua Media - October 12, 2013

[Exclusive investigation from West Papua Media team.]

The Hague – As allegations surface of Indonesian military-linked businessmen providing envelopes of "hefty cash" to senior officials in the Solomon Island's Prime Ministerial delegation during the recent APEC summit in Bali, a high level source inside the Melanesian Spearhead Group has raised concerns over Indonesia's subversion of the agreed visit of Melanesian Foreign Ministers to West Papua, in an exclusive interview with West Papua Media.

An explosive but carefully worded article in the Solomon Star newspaper on October 11 has alleged that Indonesian officials provided members of Solomon Islands government with large amounts of cash contained in yellow envelopes, during an official dinner hosted in honour of the Prime Minister Gordon Darcy Lilo and his delegation. According to the Solomon Star report, at least five members of the delegation have admitted to receiving the payments, amongst a total of 17 delegation members alleged to have received the envelopes.

The report, from interviews by journalist Alfred Sasako with a highly placed whistleblower in Honiara, alleged that at least two "names withheld" senior officials received USD$25,000 each, three others received USD$10,000 and a final two delegation members received USD$5,000 each respectively. "It seems the level of payment is based on seniority, the higher you are, the more you get," the sources told the Solomon Star.

After the publication of the new allegations, West Papua Media spoke on Saturday to a well-respected customary figure in the Solomon Islands, who described the latest revelations as proof of long-standing suspicions "that Indonesia is involved in a corrupt subversion of Melanesian solidarity on the West Papua issue. The source described the behaviour of Prime Minister Gordon Darcy Lilo in arranging unilateral visits to West Papua as "an affront to the Melanesian Way that is deliberately undermining the quality of what a properly constituted MSG Fact-finding mission can uncover in West Papua."

"The Prime Minster is siding with Indonesia to cover up the crimes against the West Papuan people, by diluting the effectiveness of a multilateral fact-finding team to assess the real situation in West Papua. What other deals is he doing for the Solomon Islands with these Indonesian military businessmen? Are our islands going to be the next West Papua?" the source told WPM. The customary source, who had no involvement with the Solomon Star revelations, declined to be identified for this article citing fears of being labelled as the whistleblower.

"This is not about me anyway, this about the questions for all Melanesian people about how far Indonesia is willing to bully or bribe Melanesians, and how some Melanesians like our Prime Minister are potentially having their pockets lined with blood money for turning their backs on the suffering of our Melanesian family in West Papua," the source told WPM with some indignation.

Prior to the MSG meeting in Noumea in June 2013 the Indonesian and Fijian governments agreed to a multi-lateral visit to West Papua by MSG Foreign Ministers. The proposal was raised at the Noumea meeting by Fiji in part to defer a decision over whether West Papua would be granted membership into the MSG or not. The MSG Ministerial team has undertaken to write a report following their visit. This report will then help guide the MSG's decision regarding West Papua's membership. Since June, however, serious doubts have been raised as to how transparent the organising of the MSG Foreign Ministers is, or even whether it will happen at all.

A high-level source inside the MSG who was at the meeting in Noumea but asked not to be named told WPM on condition of anonymity, that it was highly unlikely that the MSG will revoke Indonesia's observer status, but that they could give West Papua 'associative status', which is a higher level of membership. However, the source then went on to say that it is now "not clear what is happening".

The concerns are serious. First, no date has been set for the Foreign Ministers visit to West Papua. Second, neither the MSG Secretariat nor Melanesian nations are organising the visit. "The Foreign Ministers all rely on an invitation from the Indonesian government. It is not clear if such an invitation has been issued and it is not clear who will pay for it. My advice to member countries is that each Melanesian country pays for their own visit themselves" said the senior MSG bureaucrat. "That way the Foreign Ministers will not be beholden to the Indonesian government and that their status as independent advisors to the MSG is more likely to be guaranteed."

Most concerning is that the idea of a multi-lateral visit could be abandoned. "It is possible" said the MSG official "that the foreign ministers could travel to West Papua separately and not as a group". This is the most likely possibility given the revelations in the Solomon Star.

Although privately many Melanesian politicians support independence for West Papua the official cautioned against false hopes. "West Papuans should not have high expectations from the forthcoming MSG foreign ministers support."

At this stage it appears highly unlikely that the Melanesian foreign ministers report will reflect the political reality inside West Papua or the aspirations of the West Papuan people. This view is reflected in the recent comments from Mr Gordon Lilo, the Prime Minister of the Solomon Islands, who told Indonesia's Antara state news agency that he is "impressed with the progress" the Indonesian government has made in West Papua.

Mannaseh Sogovare, the Solomon Islands opposition leader, criticised Lilo's comments saying that he had "probably been overwhelmed by the reception of the hosts and obviously the Indonesians have gone out of their way to put on the wow factor to make sure that Lilo is wooed out of any views that he may have had in support of West Papuan membership of the MSG," reported Radio New Zealand.

Comment about the corruption of the Fact-Finding process has also been repeatedly sought by West Papua Media from the office of Vanuatu Prime Minister Moana Carcasses, however the Prime Minister was unavailable to comment on the allegations. However, Carcasses issued a historic and moral challenge to the international community at the United Nations General Assembly in New York in late September, by calling for the appointment of a Special Representative to investigate historical and ongoing of human rights abuses by Indonesia.

"How can we then ignore hundreds of thousands of West Papuans who have been beaten and murdered? The people of West Papua are looking to the UN as a beacon of hope... Let us, my colleague leaders, with the same moral conviction, yield our support to the plight of West Papuans. It is time for the United Nations to move beyond its periphery and address and rectify some historical errors," Carcasses told the UN General Assembly.

These are the words that Melanesian leaders may well be reflecting on as they ponder the ramifications of accepting Indonesia's subversion of the MSG Fact Finding Team process.

As well as sharing his concerns, the senior MSG official also had some practical advice for Papuan leaders. "All of us at the MSG are observing very closely developments inside West Papua. In order for us to assist the West Papuan application for membership Papuan leaders need to present a unified position that is backed up by strong support from civil society. The good news is that there is moral support from inside the MSG. Even senior leaders in the United Nations privately recognise that West Papua is an occupation."

However, without unity of purpose from West Papuan leaders and strong grassroots support from inside Melanesian countries, the Indonesian government could out-manoeuver West Papua again.

West Papua to remain closed to outside world

Melbourne Age - October 11, 2013

Michael Bachelard – Fresh hope that Indonesia would allow foreign journalists and observers freely into its most troubled province, West Papua, appear to be unfounded.

The governor of Papua province, Lukas Enembe, said on Wednesday that he wanted to welcome reporters and non-governmental organisations to the area.

"There's nothing that needs to be covered up. That would only raise questions. They can see the development we have made and inform others that Papua is a safe place," he said, as quoted by the Jakarta Globe newspaper.

His promise was immediately seized upon by Australian Greens Senator Richard Di Natale, one of the Parliamentary Friends of West Papua group. He said he had been planning to visit the area anyway, and, in the wake of the governor's comments he would "invite a delegation of journalists and human rights representatives to join me on the trip".

But the hope for fresh openness was quickly squashed by the central government in Jakarta, which still requires journalists to apply for special permits to go to the province, and to take secret police officers with them if they are approved.

Journalists must apply to the Indonesian department of foreign affairs for special permission to travel, giving all information about who they will interview, when and where.

Their application is then considered on a Thursday evening in what's called the "clearing house" meeting, involving 18 Indonesian government departments, including police and the military.

Many applications for travel features to the Raja Ampat diving site are approved, but most applications for serious reporting are rejected.

Fairfax Media has confirmed with the Indonesian department of foreign affairs that the "clearing house" process remains the only legal route to West Papua.

Journalists who travel without permission face being put on a blacklist banning them from future visits to Indonesia, and correspondents resident in Indonesia confront the possibility that their immigration status may be revoked. Even the International Committee for the Red Cross has been banned from the province.

Mr Lukas, who was elected in April, does not have the power to overturn the policy of the central government. His province is represented at the clearing house meeting by the Home Affairs ministry. However his comments could be construed as a welcome change of tone.

And Ruben Magai, the head of Commission A, which is responsible for mass media at the provincial parliament, also urged the central government to ease up, saying: "If security is the reason I don't think Papua is in some kind of war state or something like that nowadays."

But western journalists have been assured on numerous occasions in the past that permission to travel will be forthcoming and those promises have, in the past, turned out to be largely false.

Indonesian troops have been involved in a low-level conflict with Papuan separatist organisations since the area was annexed by Indonesia in 1969 in a vote widely seen as a sham by international monitors.

Disclosure: Michael Bachelard applied and was one of the few to receive permission to visit West Papua in January 2013.

Senior officials received as much as SBD$188,000 each

Solomon Star - October 11, 2013

Alfred Sasako – New information has emerged that some senior officials on the Prime Minister's recent delegation to Indonesia received as much as USD$25,000 (about SBD$187,500) each, sources have confirmed.

The sources said at least two senior officials (names withheld) received USD$25,000 each or SBD$187,500 each. Three others (names withheld) received USD$10,000 (about SBD$65,000 and two others received USD$5,000 each about SBD$32,500 respectively.

"It seems the level of payment is based on seniority, the higher you are, the more you get," the sources said. Earlier reports have suggested that the 17 people on the delegation had each been given a yellow envelope. But this could not be independently verified as the sources could only confirm five who have received yellow envelopes containing the money.

The sources said some junior officers who for the first time received such huge amounts of money "are pretty scared."

One source said the money was given in yellow envelopes during an official dinner hosted in honor of the Prime Minister Gordon Darcy Lilo and his delegation. The sources said the officials went back to their rooms and openly discussed how much each received in their envelopes.

Politicians, including the Prime Minister, however were not seen being given envelopes. Protocols dictate that gifts to Prime Ministers and senior politicians are often delivered to their hotel rooms.

The sources said the money appear to have come from an Indonesian businessman, who could very well be the sponsor of the dinner that night.

It is not clear how the officials who allegedly received the payments brought the money back into the country. Central Bank of Solomon Islands (CBSI) regulations require that any amounts over SBD$50,000 or its equivalent in foreign currency must be declared to authorities.

Despite the raging controversy surrounding the initial visit, Prime Minister Lilo ignored the outcry and led another delegation to Bali where members of the Asia-Pacific Economic Cooperation met earlier in the week.

Prime Minister Lilo's delegation left Indonesia last Wednesday for Taiwan where he joined the rest of the Solomon Islands' 10-member delegation for Taipei's Double-10 celebrations. The delegation is due back on Monday October 21.

West Papuan asylum seekers to be sent to camp on PNG-Indonesian border

The Guardian (Australia) - October 11, 2013

Marni Cordell – Seven West Papuans who claimed asylum in Australia have been told they will be sent to a remote camp in Papua New Guinea on the border of Indonesia – the country they are fleeing from.

The group, including a woman and a 10-year-old child, landed on Boigu Island in the Torres Strait on 24 September and sought protection from Australia. But they were deported two days later and handed over to PNG immigration officials in the capital of Port Moresby, where they have been kept in a hotel room since.

One of the group, Yacob Mechrian Mandabayan, told Guardian Australia via phone from Port Moresby on Friday afternoon that the seven had been given two options by PNG immigration officials when they met with them late Thursday afternoon.

"Option number one is go back to Indonesia and option number two is [claim asylum] in Papua New Guinea. We refused the two options," he said. "Refugees like us in PNG cannot have a good life," Mandabayan said.

"[The PNG government] has not given citizenship to other West Papuan activists before us when they came here. We have a 10-year-old kid here, he needs education. Also in PNG we can see a lot of Indonesian people. Indonesia can pay those people to kidnap us or do something to us, that's why we feel unsafe in Papua New Guinea."

After refusing the offer, the group were told they would be sent to a camp in Kiunga, in PNG's Western province, where other West Papuan refugees reside, Mandabayan said. "In Google maps, you can see that Kiunga is really close to the border [with Indonesia]. That's why we're afraid."

Before fleeing West Papua, the group said they had received threats from the Indonesian military for taking part in a protest against the Indonesian occupation of the province.

Mandabayan told Guardian Australia at the time: "We've become refugees in our own country and we ask your help to expose our situation here. We need your help. Please."

The group is now questioning the legality of their removal from Australia. On 30 September, the immigration minister, Scott Morrison, told the media that the West Papuans had been removed under a 2003 memorandum of understanding (MOU) with Papua New Guinea.

But that MOU requires asylum seekers be in PNG for seven or more days before arriving in Australia. The seven West Papuans repeatedly told Australian immigration officials that they only spent two nights in PNG before arriving on Boigu Island.

Morrison later admitted the agreement had been relaxed. "There was a concession agreed between the two governments," he said.

Mandabayan told Guardian Australia, "Why does [Australia] treat us like a criminal? We came as refugees to Australia, seeking asylum and protection in Australia; why do they treat us like a criminal? They dumped us here, and now the PNG government is doing the same thing."

A spokesman for the Refugee Action Coalition, Ian Rintoul, said, "Scott Morrison has admitted that the government did not follow the 2003 MOU and returned them to PNG despite the fact they had not been in PNG for more than seven days as required by the MOU.

"It seems that the West Papuans have been unlawfully removed from Australia. Scott Morrison flicked the West Papuans to PNG to keep them 'out of sight and out of mind' to avoid any embarrassment with Indonesia. Now, the PNG government is following Australia's lead and flicking them to a remote camp," he said.

Julie Bishop: No threats made to West Papuan activists

The Guardian (Australia) - October 11, 2013

Staff and agencies – The foreign minister, Julie Bishop, has denied that threats were made to three West Papuan activists who scaled the walls of the Australian consulate in Bali.

Students Markus Jerewon, 29, Yuvensius Goo, 22 and Rofinus Yanggam, 30, climbed the walls to enter the consulate compound ahead of the Apec summit in Bali to highlight claims of abuse and ill-treatment of West Papuans in the Indonesian province. They left the compound three hours later.

Yanggam spoke to Guardian Australia shortly after leaving the consulate and said the consul-general, Brett Farmer, told the group the Indonesian police and army would be called.

But Bishop said Australian officials acted professionally and no threats were made. "I'm advised that no threats were made," she told ABC Radio on Friday. "Indeed, I understand we called them a taxi... when their friend who was to pick them up didn't turn up," Bishop said.

TNI joins governor's Papua invitation

Jakarta Globe - October 11, 2013

Banjir Ambarita, Jayapura – With the top Indonesian military (TNI) officer in Papua joining the province's governor in extending an invitation to foreign journalists and nongovernmental organizations, you'd think a clutch of writers and activists must be boarding planes to the country's eastern- most province, hitherto off limits to foreign press.

"Foreign journalists who wish to do their work in Papua are welcomed as long as they follow the procedures,' the TNI's [Indonesian military] Maj. Gen. Christian Zebua told the Jakarta Globe on Thursday.

The comments follow Papua Governor Lukas Enembe's recent invitation, in which he promised to open the region up to foreign journalists and NGOs, and guaranteed their safety in the restive province.

"Why not?" Lukas said on Wednesday. "There's nothing that needs to be covered up. That would only raise questions. They can see the development we have made and inform others that Papua is a safe place."

But there won't be many bags packed just yet because an invitation has yet to be issued by the central government in Jakarta, which keeps a tight leash on information coming out of the island provinces of Papua and West Papua.

Foreign journalists wishing to visit the area report that they are required to apply to the Foreign Affairs Ministry, which convenes a weekly inter- departmental meeting to assess requests. The meeting, which is said to consider input from TNI and the State Intelligence Agency (BIN), rarely issues its approval.

Foreign journalists who do visit Papua quickly find themselves picked up by the police or military, who demand to see their written approval from Jakarta. Without it, foreigners inevitably find themselves escorted back to their accommodation, then to the airport.

Foreign NGOs such as Peace Brigades International and the International Committee of the Red Cross have also been prevented by the central government from operating in Papua in recent years, because of assistance extended to political prisoners and human rights activists.

But in his comments to the Jakarta Globe on Thursday, Christian said the military would guarantee foreign journalists' safety while they were covering stories in Papua.

"There will be no intimidation or spying on journalists, as long as they enter the province according to the procedures we have set up,' he said – without clarifying whether that meant Jakarta's written approval was still required.

However, he said, if journalists were found to have "violated the rules," they would immediately be handed over to the local police. "There is nothing we have to fear because we are not hiding anything, but we hope journalists can disseminate balance and fair reporting," Christian said.

West Papua: 'doors are open' to foreign journalists and NGOs

The Guardian (Australia) - October 10, 2013

West Papua is now open to foreign journalists and NGOs, according to Papuan governor Lukas Enembe, who has promised to allow reporters into the region for the first time in years.

Enembe told the Jakarta Post he would guarantee reporters' safety in the province in a distinct move away from a de facto censorship programme the Indonesian authorities were accused of upholding in the province.

"There's nothing that needs to be covered up. That would only raise questions. They can see the development we have made and inform others that Papua is a safe place," Enembe said. "Please, come to Papua. It's open for everyone," he continued.

Enembe was elected as governor to the West Papuan province of Papua in April.

The indication that the region will be opened up to journalists has been welcomed by Australian politicians. Greens senator Richard Di Natale, the party's spokesman on West Papua, said he now planned to lead a delegation to the region and would invite journalists and human rights groups to attend.

Di Natale said he hoped the comments represented a "genuine reflection of the intentions of the Indonesian leadership in Jakarta".

He said: "In the past there has been a de facto ban on foreign journalists travelling to West Papua. This change in position comes on the back of three West Papuans entering the Australian consulate in Bali to request that the international community pressure Indonesia to open up the region to journalists and NGOs."

On Sunday three West Papuans entered the Australian consulate in Bali, calling for political prisoners in the region to be released. The three men left the building within three hours and are understood to have gone into hiding.

One of the men told Guardian Australia that consular staff told the group the Indonesian police and army would be called, but the Australian foreign ministry denied the men were threatened.

Asked about the incident on Monday the prime minister, Tony Abbott, said Australia "would not give people a platform to grandstand against Indonesia", and said the situation in West Papua was "getting better, not worse".

Di Natale said Enembe had "seized the moment, unlike Tony Abbott who categorised the incident as 'grandstanding'".

Some human rights campaigners have expressed scepticism about the announcement. Josef Benedict, Amnesty International's Indonesia and Timor campaigner, said while the group welcomed the comments he was unsure if it signalled a Jakarta-approved policy change.

"The question we're asking is whether this a policy change just for the governor or a policy change for Jakarta, where we know a lot of policies on Papua are decided upon.

"We need to see a bit more evidence here for a change in policy in Jakarta before we take any steps to take access," Benedict told Guardian Australia from Kuala Lumpur.

Guardian Australia has contacted the Indonesian foreign minister's office for a response.

Papua to welcome foreign journalists, NGOs: Governor

Jakarta Globe - October 9, 2013

Banjir Ambarita, Jayapura – Papua Governor Lukas Enembe promised to open the region up to foreign journalists and NGOS on Wednesday, guaranteeing their safety as they visit the restive province.

"Why not?" he said after returning from a visit to the United States. "There's nothing that needs to be covered up. That would only raise questions. They can see the development we have made and inform others that Papua is a safe place."

The statement is a marked departure from previous policies on foreign reporters operating in the restive province. Accredited journalists working in Indonesia previously had to apply for a travel permit from the Ministry of Home Affairs before officially traveling to the region.

The central government has a de facto ban on foreign reporters in Papua, which held applications to visit the region were in bureaucratic limbo. Those who traveled without written permission faced questioning by Indonesian authorities and possible expulsion.

The Jayapura office of the Alliance of Independent Journalists (AJI) has called the practice an unofficial, but purposeful, information blackout.

But Lukas, who was elected in April, promised journalists those days were over. "Please, come to Papua," he said. "It's open for everyone."

Indonesian security forces have fought a decades-long war with separatist organizations in Papua since it was annexed into Indonesia in 1969 in a vote widely seen as a shame by international monitors.

New hope for Papuan independence

Sky News - October 9, 2013

West Papuans battling for independence have new hope after recent events propelled their deadly but usually hidden struggle into the global spotlight.

Risky activist ventures undertaken by pro-independence organisations have made headlines in Australia and Indonesia in the past months, especially three young West Papuans who jumped the fence of Australia's Bali consulate as world leaders including Prime Minister Tony Abbott arrived for an APEC meeting.

But it was in New York a week earlier that Papuans and commentators alike say the independence cause made history.

In a United Nations General Assembly speech for which many West Papuans had waited decades, a head of state – Vanuatu's Prime Minister Moana Carcasses Kalosil – for the first time called on the UN to reconsider Indonesian sovereignty over West Papua.

Mr Carcasses denounced the 1969 act of free choice used by Indonesia to justify taking control of the territory and called for the appointment of a UN special representative to investigate West Papua's political status.

West Papuans have been fighting for independence since the the widely condemned 1969 UN-brokered process.

Mr Carcasses's speech is also seen as further boosting one of the major advances of the West Papuan independence movement in recent years – a decision by the Melanesian Spearhead Group of Pacific nations to consider giving it formal membership.

While some commentators warn independence hopes in West Papua can be dangerous – and have proven so over decades of failure and violence – others say a game change is unfolding.

West Papua's time has come is how Canberra-based West Papuan leader Rex Rumakiek puts it, while Peter King, professor of government and international relations at Sydney University, acknowledges the whole thing has got to a new international level.

And hope is rising also on the ground in West Papua, customary leader Yohanis Goram tells AAP from the northern-western West Papuan city of Sorong.

Despite facing treason charges and potentially years in jail after co- organising a prayer meeting in support of the recent Indigenous Freedom Flotilla, Mr Goram says not only me but all Papuan people are very happy at the Carcasses speech and hoping for more international action.

But Australia will not be providing it. A spokesman for the Department of Foreign Affairs and Trade told AAP the government notes Mr Carcasses's address but believes the best way to ensure a secure and prosperous future for Papuans is by improved development and governance within the Indonesian state through the full implementation of special autonomy.

The recent media and political attention on West Papua was kicked off with a secret venture by the Freedom Flotilla sailor-activists into Indonesian waters during August and September.

That focus was prolonged during a row over the treatment of a group of West Papuan activists involved with the flotilla who fled to Australia and were swiftly moved to Papua New Guinea by a new federal government keen to sell its border protection policies to Indonesia.

Then the three Bali-based West Papuans swung the spotlight their way, jumping the fence of Australia's consulate in Bali ahead of APEC. Their departure from the consulate in disputed circumstances – the men claimed staff threatened to call Indonesian police – sparked another controversy.

Three Australian crossbench senators have spoken up for the activists and against the government's treatment of them, with Greens Senator Richard Di Natale claiming the consulate's alleged actions had put the lives of these three brave young men in grave danger.

Just as Mr Abbott was saying West Papuans were better off under Indonesian rule and Australia would not provide a platform to grandstand against Indonesia, new research claimed tens of thousands of West Papuans had been killed under Indonesian rule.

Such violence is one of the reasons some experts warn West Papuan hopes carry the danger of increased suffering.

Deakin University Indonesia expert Damien Kingsbury says the geopolitical lineup is so powerfully on Indonesia's side that a critical event – equivalent to the Aceh tsunami or East Timor's Dili massacre – would be needed to push the international community to act concertedly on West Papua.

It's going to have to be a pretty major event, and what that probably implies is significant loss of life, he said.

Sydney University West Papua expert Jim Elmslie doubts West Papuans will stop aspiring to independence, even if hopes can only be slender. Facing genocide and dispossession, he says, West Papuans experience a yearning for independence.

University of NSW international and political studies associate professor Clinton Fernandes says independence activists have exaggerated hopes that hijack attention which should be placed on the poverty, disease and illiteracy in the territory.

Indonesian intent critical in determining West Papua genocide

Radio New Zealand International - October 9, 2013

An Australian academic says West Papuans have been subject to a slow-motion genocide and the United Nations should step in.

Jim Elmslie, of the University of Sydney's Centre for Peace and Conflict Studies, is the co-author of a just-released report titled 'A Slow-Motion Genocide – Indonesian Rule in West Papua'.

Dr Elmslie says the report concludes the Indonesian Government has intentionally carried out genocidal policies for the past 50 years. Under the United Nations Genocide Convention, the classification of an act as 'genocide' requires proven intent.

Amelia Langford asked Jim Elmslie about the findings of the report.

Jim Elmslie: We believe that a slow-motion genocide is and has been occurring in West Papua. It's a very deep-seated and difficult problem for everybody involved, including Indonesia. And it's a problem I think needs a lot more attention because it's festering away, getting worse, and the Papuans are suffering quite badly now, or they have been for many decades.

Amelia Langford: What do you mean by 'slow-motion genocide'?

JE: Well, it's a term that was first used by a man called Clemens Runawery, who's deceased now, who was a West Papuan who thought about what was happening to his country and his people, and he compared it with disasters like had happened in Rwanda, where a large number of people were killed quickly in a sort of turmoil, a catastrophic series of events. In West Papua, the situation has gone on for decades, and over that period, cumulatively, many thousands of people have died, but not in a short, sharp burst that many people tend to associate with the word 'genocide'. So that's why we've used that term, that it's a process that's unfolded over decades, but it's a genocide in the sense that the killings fall within the definition of the UN convention on genocide.

AL: And tell me about the paper's findings and what you set out to find or explore.

JE: Well, we set out to explore the whole issue of genocide, really, that many West Papuan people – leaders right down to the grassroots people – often describe what's happened to them since the Indonesians took over the place as a genocide. And that word has a pretty specific meaning under the international convention. And there's various acts that fall into the definition of 'genocide', including the intentional killing of members of a group or conflicting conditions that make life difficult. And most of those acts have been carried out there, people would agree they've been carried out. But then the other aspect of fulfilling the criteria of being called a genocide is there's some element of intentional government policy or there's intent – the word 'intent' is the critical word.

Jim Elmslie says parties to the Genocide Convention have a responsibility to look into genocide claims.

Papua's fragmentation risks unrest: Report

Jakarta Globe - October 9, 2013

The rapid proliferation of new districts in Papua is strengthening the political influence of highlanders at the expense of the traditionally dominant coast, but it is also producing new conflicts and complicating the search for peace, the Jakarta-based Institute for Policy Analysis of Conflict (IPAC) said on Wednesday.

In its latest report, "Carving Up Papua: More Districts, More Trouble," IPAC said that the creation of many of these new districts is driven by clan and sub-clan competition that can erupt into violence around local elections.

The problem, it added, is exacerbated by unreliable population statistics, inflated voter rolls, and especially in the central highlands, a voting-by-consensus method that invites fraud.

"The carving up of Papua used to be seen as a useful divide-and-rule tactic by Jakarta but now it is driven overwhelmingly by local elites looking for status and spoils," said Cillian Nolan, deputy director of IPAC. "The problem is that Papua is becoming fractured along clan lines."

Papua has undergone more administrative expansion than anywhere else in Indonesia. From having 10 districts and mayoralties in 1999, Papua now has been split into two provinces with 42 districts, while 33 more divisions are awaiting legislative consideration.

Much of the expansion has been in the central highlands, the poorest and most remote region of Papua, where the creation of new districts helped build a political base for Lukas Enembe, elected in January 2013 as the first-ever highland governor.

His victory has strengthened support for separate provinces along the north and south coasts, although neither is likely to come into being anytime soon.

The IPAC report examines the voting practices, collectively called the noken system, used in many parts of the highlands that makes accurate vote-counting impossible and that produced a wide range of implausible results in the governor's election, including several places with a 100 per cent voter turnout.

It also looks at two recently created districts, Puncak and Nduga, where election disputes resulted in deadly violence, the first between clans, the second between sub-clans and even extended families.

In both, the district governments ended up paying astounding sums in compensation to victims, funds that could otherwise have been used for social services.

"The solution to local election violence in Papua is not to scrap direct elections, as some top officials have suggested," Nolan said. "What is needed is stricter enforcement of the criteria for creating new districts -- and a reduction in the financial incentives that make it so attractive."

Administrative fragmentation may be a way of giving previously unrepresented ethnic groups a stake in the political process but it may not make relations with Jakarta any easier.

It has, however, produced a group of over 1,000 elected Papuan officials whose views on Papua's future will have to be taken seriously, the report said.

A poorly armed and coordinated resistance has fought for West Papuan independence since the 1960s.

The resistance initially fought for independence from the Dutch, and later against the Indonesian government, which took control of the resource-rich province in 1969 following a self-determination ballot held under the auspices of the United Nations, which many called a sham.

Pro-independence sentiments in the poor province have been on the rise in recent years, fueled by discontent that Papua's riches are being siphoned off by the central government, leaving little for Papuans, as well as alleged human-rights violations by security forces there.

Tony Abbott's claim West Papua 'getting better' rejected by experts

Sydney Morning Herald - October 9, 2013

Paddy Doulman – Prime Minister Tony Abbott's claim that the situation in West Papua is "getting better", in response to a protest by three Papuan activists in the Australian consulate in Bali, has been rejected by experts.

A recent report by Dr Jim Elmslie, Co-ordinator at the West Papuan Project, said genocide, the forcible removal of children and other human right abuses are taking place in Indonesian-controlled West Papua.

"Since [1962] many ten of thousands, if not hundreds of thousands of people have perished directly as a result of conditions that have been enforced upon them... this is why we characterise what is going on there as a genocide or a potential genocide," Dr Elmslie told Fairfax Media's Breaking Politics.

On Monday, Mr Abbott made it clear that he would not allow activists to "grandstand" against Indonesia after the activists entered the consulate by scaling a wall and asked for Australia to aid 55 political prisoners jailed in Indonesia.

"Australia will not give people a platform to grandstand against Indonesia. We have a very strong relationship with Indonesia.

"People seeking to grandstand against Indonesia, please, don't look to do it in Australia, you are not welcome. The second point is the situation in West Papua is getting better, not worse," he said.

Reports have also emerged that an Australian in the consulate forced the protesters to leave by threatening to call Indonesian police.

In rejecting Mr Abbott's claim, Dr Elmslie said that West Papuans ranked very poorly on measures of health and had the lowest socio-economic standing of the Indonesian population, with high rates of AIDS, and the lowest level of education.

"[Indonesian] soldiers have taken trophy videos of them torturing and killing West Papuan people... I was surprised to hear Prime Minister Abbott's comments. To me, the situation is not getting better it's getting worse."

Dr Elmslie conceded that getting accurate information from West Papua is difficult.

Elaine Pearson, Australian Director of Human Rights Watch, said: "I don't think the situation is getting better; you'd only say that if you were blind and deaf to the situation." She said it is difficult to know the true story, but said it is clear the Indonesian government is trying "to stamp out any call for independence".

"I don't think we have enough information to... characterise this as a genocide. Indonesia is a democracy... people should have the right to protest," Ms Pearson said.

Comment has been sought from the Prime Minister's office.

Indonesian military pursuing me, says West Papuan who occupied consulate

The Guardian (Australia) - October 9, 2013

Marni Cordell – One of the three men who occupied the Australian consulate in Bali on Sunday says he is being pursued by the Indonesian military and does not believe Indonesia's assurances that he will not be arrested or detained.

On Tuesday the Greens senator Richard di Natale sought a guarantee from the Indonesian embassy in Australia that the trio would be safe, and said he was "encouraged" by an assurance from Indonesian diplomats that they would not be detained by Indonesian authorities.

But Rofinus Yanggam, phoning from an undisclosed location in Indonesia on Wednesday afternoon, told Guardian Australia that he was being followed by Indonesian military intelligence and did not believe the diplomats' assurances.

Asked for his response to the news, Yanggam said: "My response is it is not true, because [military intelligence officers] are still looking for us.

"Yesterday we came to our friend's house and two intelligence officers came past the front of our house [and looked in]. They came back in the night- time. We don't feel safe at this moment."

The three men occupied the consulate on Sunday to highlight the treatment of Papuans and called on the Australian government to apply pressure to Indonesia to release all Papuan political prisoners and to open up the secretive province to foreign journalists.

West Papua has been closed to foreign journalists since Indonesia acquired the province under controversial circumstances in the 1960s. Dozens of Papuans are in jail for expressing political opinions. The crime of "treason" carries a long jail term in Indonesia.

In an open letter to the Australian people, handed to consulate staff, the three protesters said they wanted their message to be delivered to leaders at the Apec meeting in Bali including the US State Secretary, John Kerry, and the Australian prime minister, Tony Abbott.

They claimed consular staff threatened to call the Indonesian police and military to have them ejected. This has been denied by the Department of Foreign Affairs and Trade (Dfat) which said: "The consul general did not make threats. He explained to the individuals that they were free to leave voluntarily."

Yanggam, who has been in hiding since he left the Australian consulate before 7am on Sunday morning in fear for his safety, explained what happened after the trio fled.

"When we go from Australian consulate, the special forces, the army forces from Indonesia, they are looking for us," he said. "That's why I did not feel comfortable to be there in Bali."

He said the trio had gone to stay with some friends in a dormitory but that military intelligence officers had arrived there asking about their whereabouts.

The group decided to leave Bali by bus. However, when they were on board two military officers stopped the bus and asked questions of the driver, he said.

"They stopped the bus and asked many questions. They asked to the driver, 'Those Papuan people, where do they want to go?'

"The driver told them where the bus was going, but he also talked to them. He said what are you looking for, and they told [him] that they are trying to check for bus fees, that this is the reason that they pulled [the bus over].

"But the real reason they are looking for us is because we went into the consulate," Yanggam said.

He said the group then decided it was unsafe to continue on their journey. They got off the bus and caught a later one to a different location. They are now planning to go to a second undisclosed location. "It is not safe to say where," Yanggam said.

Di Natale said, in response to Yanggam's account: "I'm extremely concerned at the reports that the Indonesian authorities appear to be following the three West Papuan activists. It's vital that the Indonesians honour the commitment they made to me, which is that these three men will be safe."

Dispatches: Indonesia's Papua abuses intrude on APEC meet

Human Rights Watch - October 8, 2013

Andreas Harsono – Markus Jerewon, Yuvensius Goo and Rofinus Yanggam came up with a novel method of breaking the chokehold the Indonesian government has long held on news about human rights abuses in Papua: scaling the Australian Consulate's fence in the dead of night and hand-delivering a personal plea to open the Indonesian province to world scrutiny.

It worked. The international media covering the Asia Pacific Economic Cooperation (APEC) CEO summit on the Indonesian island of Bali this past weekend were kept busy with what the government usually obstructs: reporting human rights abuses in Papua.

Official restrictions have effectively blocked foreign media from freely reporting in Papua for decades. But the three Papuans managed to turn the spotlight back on these issues with the unscheduled visit to the consul's Bali residence, where they presented a letter urging APEC leaders to pressure the Indonesian government to open Papua to foreign media and to free Papuan political prisoners before leaving at the request of consular staff.

The Papuans are now reportedly in hiding and fearful for their safety. Those fears are well-justified. Over the last three years, Human Rights Watch has documented dozens of cases where Indonesian police, military, intelligence officers, and prison guards have used unnecessary or excessive force when dealing with Papuans exercising their right to peaceful assembly. Those findings are echoed by an Australian National University research study released in August that described the Indonesian government use of torture in Papua as a "mode of governance."

During the Universal Periodic Review of Indonesia at the United Nations Human Rights Council on May 23, 2012, France called on Indonesia to ensure free access for civil society and journalists to Papua.

You'd think that Indonesia, which promotes itself as a stable progressive democracy, would welcome foreign media scrutiny to expose the truth, abuses and all, and assist the government's efforts to address the problems. Think again. On July 16, 2013, Minister of Foreign Affairs Marty Natalegawa defended the foreign media ban in Papua on the basis of "security and safety" of foreign journalists.

That prohibition will likely only help ensure that abuses and impunity in Papua continue and compel Papuans such as Markus Jerewon, Yuvensius Goo and Rofinus Yanggam to take desperate measures and risk their safety to expose them.

Greens seek assurances for safety of West Papuan protesters in Bali

The Guardian - October 8, 2013

Katharine Murphy – The Greens have sought explicit assurances from senior Indonesian officials in Australia about the safety and wellbeing of three West Papuan students who occupied the Australian consulate in Bali in protest early on Sunday morning.

The Greens senator Richard di Natale spoke to the first secretary at the Indonesian embassy in Australia, Mulyana Esa, on Tuesday afternoon inquiring whether a warrant had or will be been issued for the arrest of the West Papuan students.

Di Natale, who co-chairs a multi-party parliamentary friendship group on West Papua, also asked the Indonesians to provide assurances about the safety of the activists involved in Sunday's protest in Bali.

The first secretary provided no immediate assurances but undertook to seek advice and come back to di Natale with any particulars.

The Greens senator is also flagging that he will move a motion in the senate requesting documents relating to Sunday's incident if the government fails to clear up conflicting reports about whether Australian officials in Bali threatened to call the police or the military to remove the activists from the compound.

Two other kingmakers in the senate – the Democratic Labor Party senator John Madigan, and South Australian independent Nick Xenophon – have expressed concern about the wellbeing of the West Papuan activists given concerns about human rights abuses in the troubled Indonesian-controlled province. Madigan has suggested the activists should be granted asylum in Australia, given the vexed history of West Papua.

"Given that the lives of three West Papuans were potentially put at risk by the actions of the Australian consulate over the weekend, it's crucial that we get to the bottom of conflicting reports about what actually took place," said Di Natale on Tuesday.

"One of the West Papuans has claimed on ABC radio that the consulate threatened to call in the Indonesian authorities, an action that would likely have resulted in his imprisonment and possible torture," he said.

"This claim has been supported by Dr Clinton Fernandez, a respected academic and expert on the region, and by sources in Indonesia who claim to have overheard what happened over an open phone line."

The Abbott government says the activists left the Australian consulate voluntarily. The Department of Foreign Affairs and Trade has denied that the Australian consul general threatened to call in the Indonesian military and police.

The prime minister Tony Abbott has also been implicitly critical of the West Papuan protest.

"Australia will not give people a platform to grandstand against Indonesia," Abbott told reporters covering the Apec summit in Bali on Monday.

"We have a very strong relationship with Indonesia. We are not going to give people a platform to grandstand against Indonesia. I want that to be absolutely crystal clear."

In a clear rebuff to any separatist sentiment, Abbott also remarked that "the people of West Papua are much better off as part of a strong, dynamic and increasingly prosperous Indonesia".

The newly elected prime minister has been looking to mend diplomatic fences in Jakarta after tensions between the two governments over the Coalition's policies on boat turn-backs and people smuggling.

Former Vanuatu leader condemns Abbott dismissal of West Papuan concerns

Radio New Zealand International - October 8, 2013

The first president of Vanuatu, Ati George Sokomanu, has condemned comments by the Australian prime minister, Tony Abott, that he would clamp down on West Papuan activists.

The newspaper, The Australian, reports Mr Abbott as saying in Bali that people seeking to grandstand against Indonesia are not welcome in Australia.

Mr Sokomanu says Mr Abbott needs to explain such a statement to Pacific leaders. He says Australia can deal with immigration issues through the courts but it has an obligation to speak up on human rights issues.

"Australia being one of our closest neighbours, including New Zealand, I think for the sake of the people of West Papua, with their rights, I think Australia with New Zealand should look more in supporting their views and do whatever they can to help these people to achieve their independence."

A former Vanuatu president Ati George Sokomanu is also a member of the Vanuatu Free West Papua Association.

Human rights & justice

'The Act of Killing' and the consequences of forgetting

Al Jazeera - October 11, 2013

Joseph Nevins – Among the casualties of the US government shutdown is President Barack Obama's trip to Indonesia for the Asia-Pacific Economic Cooperation Summit (APEC). In calling President Yudhoyono of Indonesia on October 3, to express his regrets over the last-minute cancellation, Obama, according to the White House, "reaffirmed the importance of the US- Indonesia partnership".

It is a partnership that, despite its long-standing global significance, typically garners little attention in the US. But it merits careful scrutiny, not least for what transpired 48 years ago. The beginning of October 1965 saw the kidnapping and murder of six Indonesian generals, killings that the Indonesian military (Tentara Nasional Indonesia or TNI) quickly blamed on the Communist Party of Indonesia (PKI). As suggested by the title of historian John Roosa's important book, "Pretext for Mass Murder", the event and its framing was an excuse for the TNI to kill on a horrific scale.

In what the US Central Intelligence Agency called "one of the worst mass murders of the twentieth century," the TNI and its paramilitary henchmen targeted the PKI and its alleged sympathisers, killing many hundreds of thousands over a several-month period, and brought Major General Suharto to power. Yet there has never been any accountability for the reign of terror -- either in Indonesia, or in the US, which aided and abetted the slaughter.

There are present-day consequences for such impunity, a number of which Joshua Oppenheimer demonstrates in his chilling documentary, "The Act of Killing". It is an impunity that the film tries to explain by opening with a quote from Voltaire: "It is forbidden to kill; therefore all murderers are punished unless they are in large numbers and to the sound of trumpets."

The unpunished murderers of large numbers that are the focus of Oppenheimer's film are members of a paramilitary gang in the Indonesian city of Medan who helped to perpetrate the 1965-66 carnage. The trumpets are those of the Indonesian state, particularly the country's military that led the killings, and those of the military's supporters and cheerleaders abroad.

The film centres around Anwar Congo, now in his 70s, who at the height of the terror, by his own admission, killed around one thousand individuals.

Many of the killings took place on the rooftop of a building right across the street from a cinema. Congo and his colleagues would often exit the cinema late at night, intoxicated by the escapism provided by the movies, and go to the rooftop where they would execute their prisoners.

The film's title is a double entendre in that Anwar Congo and his henchmen saw themselves, in many ways, as acting out the killings, as performing them in the same way that was depicted onscreen. Indeed, Congo says, he got the idea of strangling his victims with a wire noose he would tie to a pipe and tighten with a piece of wood, from mafia movies. This mode of killing was much cleaner than the bloody ones he carried out in the earlier days of the terror.

The documentary is not the one that Oppenheimer set out to make. His original goal was to make one that focused not on the perpetrators, but on the victims and their loved ones who survived. Quickly, however, it became obvious that such a film was too politically sensitive given that those responsible for the slaughter in Indonesia have never been held accountable, and, in many ways, continue to remain in power. Indeed, the level of impunity is such that they and their political heirs continue to wield the trumpets, openly bragging about and celebrating what they did.

Beware 'nation of bureaucrats'

Any doubts that strong ties between the state and the paramilitary gangs are matters of the past are erased when the governor contends that "Communism will never be accepted here, because we have so many gangsters, and that's a good thing... [If] we know how to work with them, all we have to do is direct them."

Similarly, Indonesia's vice-president (2004-2009), Yusuf Kalla, in speaking to a rally of the national paramilitary group Pemuda Pancasila (of which Anwar Congo and his cronies are members), states that not everyone can live within the law lest Indonesia become "a nation of bureaucrats."

As the documentary painfully demonstrates, Indonesia is far from becoming Kalla's feared "nation of bureaucrats". Anwar and his buddies brag about killing, among many others, Chinese Indonesians in the mid-1960s – with one boasting of killing his girlfriend's father. Decades later, Oppenheimer and his colleagues record them flauntingly entering a marketplace where they shake down Chinese shopkeepers for "donations" to aid Pemuda Pancasila's work.

It is hard not to walk away from the documentary despairing about the plight of contemporary Indonesia. However, the very fact that the film was made speaks to the heroic efforts of the country's dynamic civil society to bring to light the horrors of what took place in 1965-66, to seek justice for the survivors, and to overthrow the repressive aspects of the society that are its living legacy. That such efforts are possible speak to the significant openings that now exist ever since Suharto was forced to resign in 1998 in the context of Indonesia's version of "People Power" and considerable cracks in the post-terror "New Order" apparatus.

Still, although the film is the subject of intense discussion in Indonesia, including in the mass media, there have been no public showings, only private ones, demonstrating that severe restrictions remain as to what is permissible. This is revealed by one of the more chilling aspects of the film when the credits roll at the end: the Indonesians who helped make the film, including one of the co-directors, are listed as "Anonymous".

Here in the US, by contrast, The Act of Killing has been shown in several venues. It has also engendered many, typically glowing, reviews. What it hasn't led to is the type of national introspection that seems to be taking place in growing sectors of Indonesian society. And given the ugly US role in the 1965-66 slaughter, as well as subsequent complicity in myriad atrocities by Suharto's regime in Indonesia proper and in East Timor (matters effectively "forgotten" in the US corridors of power), it certainly should.

US complicity

As Oppenheimer mentions in an interview on Democracy Now!, a journalist by the name of Kathy Kadane revealed in 1990 that officials in the US embassy in Jakarta compiled lists of PKI cadres throughout the country. They provided upwards of 5,000 names to the Indonesian military in 1965, people who "were captured in overwhelming numbers", according to Robert J. Martens, a former member of the embassy's political section – among other forms of assistance. Embassy officials, Kadane reported, "later checked off the names of those who had been killed or captured".

"They probably killed a lot of people," Martens said referring to Indonesia's military, "and I probably have a lot of blood on my hands, but that's not all bad. There's a time when you have to strike hard at a decisive moment."

Martens' cold admission echoes the openness of Adi Zukaldry, an old friend of Anwar Congo with whom he reunites after many years to help re-enact the killings. Rejecting the notion that there is some sort of absolute international standard by which to determine the legitimacy of mass violence, he explains to Oppenheimer that, "War crimes are defined by the winners, and I'm a winner." To illustrate the assertion, he invokes the unpunished crimes of former US President G.W. Bush and also adds: "Americans killed the Indians. Has anyone been punished for that?"

It was hard not to recall Adi Zukaldry's words as I read the transcript of Obama's speech before the UN General Assembly on September 24. Obama spoke of the importance of US leadership – something he went to great pains to distinguish from US imperialism, the very notion of which he characterised as "useful propaganda" – and how "the world is better" for what he euphemistically referred to as US "engagement" on the global stage.

One gets the sense that, like Robert Martens, Barack Obama sleeps well at night regardless of how much blood might be on his hands. By contrast, Anwar Congo, who struggles to sleep, comes across as someone who is very human in the complex array of feelings he experiences. He admits that, back in 1965-66, he was able to do, and tried to forget the horror of what he did through dancing, listening to music, and consuming large amounts of alcohol, marijuana and ecstasy. By the end of the film, it becomes clear that, almost five decades later, he is a deeply pained, broken man.

While Obama spoke to Yudhoyono of "his affection for the people of Indonesia", countless Indonesians continue to suffer the consequences of impunity for the myriad crimes enabled by the US-Indonesia alliance. This past August, the Pentagon announced the sale of eight Apache attack helicopters to Indonesia. Such support from Washington can only embolden the TNI as it continues its brutality in West Papua, and elsewhere in Indonesia.

According to Oppenheimer, his hope in making the documentary and facilitating the reenactment of some of the killings was "that the outcomes from this process would serve as an expose, even to Indonesians themselves, of just how deep the impunity and lack of resolution in their country remains." When Anwar Congo tearfully asks Oppenheimer near the film's end, "Have I sinned?" one sees that the film has already succeeded to a significant degree.

If such success is possible in Indonesia, it is also possible in the United States. Whether or not it will occur depends in no small part on those of us who call the US home, and our willingness to take responsibility, as well as to derive inspiration from those in Indonesia who courageously fight for justice under far more challenging circumstances.

Joseph Nevins teaches geography at Vassar College in Poughkeepsie, New York. His books include A Not-so-distant Horror: Mass Violence in East Timor (Cornell University Press, 2005) and Operation Gatekeeper and Beyond: The War on "Illegals" and the Remaking of the US-Mexico Boundary(Routledge, 2010).

[Joseph Nevins teaches geography at Vassar College in Poughkeepsie, New York.]

Munir supporters decry state's 'injustice'

Jakarta Post - October 8, 2013

Margareth S. Aritonang and Ina Parlina, Jakarta – The Supreme Court (MA) has cut the prison sentence handed down to Pollycarpus Budihari Prijanto, the convicted murderer of human rights campaigner Munir Said Thalib, from 20 years to 14 years.

Many have cried foul over the fresh verdict, saying that it was unusual that the Supreme Court should overturn a decision following a judicial review request filed by Pollycarpus in 2011.

In 2008, the Supreme Court had increased Pollycarpus' jail term from 14 years to 20 for his role in the murder of Munir. The ruling was in response to an appeal by the Attorney General's Office (AGO) against an earlier ruling by the Supreme Court, which acquitted Pollycarpus of the murder charge and instead sentenced him to two years in jail for falsifying documents that allowed him to board a Garuda International airplane on which Munir was traveling.

The court announced on Monday that justices handling the 2008 appeal had argued that a defendant could be given a prison term higher than the one handed down by a district court.

Three of the five justices who sanctioned this current sentence reduction were Dudu D. Machmudin, Sri Murwahyuni and Zaharuddin Utama.

One judge, who spoke on condition of anonymity, told The Jakarta Post that prosecutors had failed to prove that Pollycarpus was a member of, and had been assigned by, the National Intelligence Agency (BIN).

Meanwhile, the two other justices, Salman Luthan and Sofyan Sitompul, gave a dissenting opinion, arguing that the ruling was not consistent with "a sense of justice".

"I dissented as I considered the previous prosecutor's argument [in the previous 2008 case review] accommodated the public's sense of justice," Salman told the Post.

Pollycarpus, a former pilot with state flag carrier Garuda Indonesia, was sentenced in December 2005 to 14 years' imprisonment by judges at the Central Jakarta District Court for putting arsenic in Munir's tea at a Coffee Bean and Tea Leaf outlet at Singapore's Changi airport, where Munir was in transit en route to Amsterdam in September 2004.

The Supreme Court increased the original jail term to 20 years in January 2008.

Pollycarpus was said to have had ties with former deputy BI chief Maj. Gen. Muchdi Purwopranjono, who allegedly instructed Pollycarpus to murder Munir, an outspoken critic of alleged human rights violations by the Indonesian Military (TNI) in Aceh, Papua and Timor Leste, as well as corruption by government officials.

Muchdi was taken to court in 2008, but he was cleared of all the charges laid against him in connection with Munir's murder.

A fact-finding team established by President Susilo Bambang Yudhoyono in 2005 to investigate the case also included former BIN chief AM Hendropriyono who, along with certain other individuals, allegedly played a role in the murder.

The team recommended that President Yudhoyono instruct the National Police chief to further investigate the role of Hendropriyono in the case, as well as other suspects including Muchdi, former Garuda president Indra Setiawan and former Garuda corporate security vice president Ramelgia Anwar.

Moreover, the team recommended that Yudhoyono establish a second team with greater power and reach to conduct a thorough investigation within BIN. Nothing has been heard since the fact-finding team officially submitted their findings to the President.

Activists from the Solidarity Action Committee for Munir (Kasum) said the committee would first conduct an in-depth study of the Supreme Court's ruling and then file a complaint with the Judicial Commission.

"It is very unusual for the Supreme Court to overturn one of its own rulings, especially over a previously rejected judicial review," said Choirul Anam of Kasum.

Separately, Poengky Indarti from human rights watchdog Imparsial, who testified against Muchdi during his 2008 trial, said the Supreme Court ruling highlighted "the state's lack of commitment to upholding justice and human rights".

"This has shut the door on the search for justice by Munir's family and rights campaigners," she said.

After another sentence cut, Munir's killer may walk free

Jakarta Globe - October 8, 2013

Camelia Pasandaran – Convicted murder Pollycarpus Budihari Priyanto could walk free in a matter of months after the Supreme Court further reduced his 20-year prison sentence for the assassination of human rights activist Munir Said Thalib on new medical evidence presented in a case review.

Attorney Mohamad Assegaf said the court reduced his client's sentence to 14 years in prison after medical experts cast doubt on whether Pollycarpus poisoned Munir's drink during a Jakarta-to-Singapore flight.

"The indictment stated that the poison was put into the orange juice during a flight between Jakarta and Singapore," Assegaf said. "The expert said that if that was true, Munir would've been very ill when the plane reached Singapore's Changi airport. The fact is Munir was healthy during [his] transit at Changi."

The prosecution later switched the narrative, saying Munir was poisoned in Singapore, not on the flight, the attorney said.

"The prosecutor said during the trial [at the Central Jakarta District Court] that he was poisoned during the flight, but when they filed the appeal they said he was poisoned at Changi airport," Assegaf said.

Pollycarpus is now eligible to file for parole in one to two months.

Munir died on an international flight to the Netherlands on Sept. 7, 2004. The court convicted Pollycarpus of the murder, saying that the former Garuda Indonesia pilot offered Munir his business-class seat on a Jakarta- to-Singapore flight after tainting the man's orange juice with lethal levels of arsenic.

The human rights activist then fell ill during his Singapore-to-Amsterdam flight. He was pronounced dead on arrival at Amsterdam's Schiphol airport. Forensic investigators discovered near three times the lethal dose of arsenic in his body.

Munir, the founder of the Commission for Missing Persons and Victims of Violence (Kontras), was a vocal critic of the Indonesian Military (TNI) in the early days of the Reform era, accusing soldiers of human-rights offenses, and investigating disappearances during Suharto's New Order regime.

Activists have accused the government of failing to properly investigate the assassination. The police investigation stopped at Pollycarpus despite accusations that he was acting on orders from Indonesia's National Intelligence Agency (BIN).

BIN deputy chief Muchdi PR was named a suspect but not convicted. Pollycarpus was convicted of murder in 2005. He was freed one year later on a sentence reduction after the Supreme Court reduced his prison term to two years.

In 2008 Pollycarpus was jailed again after the court conducted a judicial review of the case and sentenced the man to 20 years in prison. He has received 11 sentence cuts, totaling three years, three months, 25 days, and would be eligible for parole in mere months after the most recent reduction.

Pollycarpus received the remissions for what has been described as model behavior. He is actively involved in social life at Sukabumi's Sukamiskin Penitentiary, participating in blood drives and the Boy Scouts.

Human rights groups criticized the sentence reductions, calling the latest remission a clear sign that the government has failed to ensure justice in the case.

"There's secret effort to only charge Polly for the murder while letting the mastermind go free," said Haris Azhar, coordinator at Kontras. "And at the same time Polly gets so many sentence cuts and privilege."

Munir's wife said she no longer expects the Indonesian government to provide justice for her slain husband.

"After nine years of striving to get justice, I don't think it is an easy thing to get given the fact that the country is full of bad people instead of good people in the state institutions," Suciwati Munir said. "The president is slow in handling human rights violations.

"Seeing how bad the system is in this country, I can't expect to get much justice for my husband."

Political parties & elections

Golkar in bad shape after raid

Jakarta Post - October 10, 2013

Margareth S. Aritonang, Jakarta – As the Golkar Party struggles with the low electability ratings of its presidential candidate, Aburizal Bakrie, problems continue to pile up for the party following the arrest of three of its members, Tubagus Chaeri Wardana the brother of Banten Governor and party treasurer Ratu Atut Chosiyah, lawmaker Chairun Nisa and former Constitutional Court chief justice Akil Mochtar on graft allegations.

The arrest of Akil and Chairun by Corruption Eradication Commission (KPK) investigators and the imposition of a travel ban on Ratu Atut occurred only months before Golkar contests the 2014 legislative election.

On Wednesday, Golkar's central board decided to push back the date of a national leadership meeting, in which it was supposed to consolidate the party for the 2014 election, to Nov. 10 from earlier this month.

Speculation is rife that the recent arrests have prompted Golkar to recalibrate its strategy for the 2014 election. Member of the party's central board, Ade Komarrudin, said the graft allegations against some members of the party would further harm the party's image ahead of the 2014 general election.

"They [graft allegations involving party members] will of course affect the good name of the party. But, we are working on solutions to minimize the impact on the party," said Ade, a lawmaker from the House of Representatives' Commission XI overseeing finance on Wednesday.

The KPK last week arrested Akil for allegedly accepting bribe money from Chairun, who served as an intermediary in a scheme to sway the result of a local election dispute currently being handled by the Constitutional Court.

The KPK has also slapped a travel ban on Atut, who will also undergo questioning for her possible role in rigging an election dispute trial at the court.

Ade, however, maintained that the latest graft allegations against its high-profile members would not compromise the party's strategies for the 2014 election.

Ade said what the party members were being accused of were personal in nature and had nothing to do with the party. "It's more about family rather than about the party," Ade said.

On Wednesday, Aburizal made an attempt to distance the party from its graft-implicated members.

Speaking after a Golkar leadership meeting on Wednesday, Aburizal denied that Golkar had enabled Atut's scheme to build a political dynasty in Banten. "They were voted into office based on existing regulations," Aburizal said.

Aburizal said that members of Atut's clan had gone through proper procedures. "Golkar always takes into account peoples' preferences through surveys," he told reporters.

Aburizal also said that Chairun's arrest would not affect Golkar's performance in the election. "God willing, people will see this as her personal problem," he said.

The Golkar leadership has yet to make a decision on whether it will drop Chairun from its list of legislative candidates representing the Palangkaraya electoral district in Central Kalimantan. Aburizal praised Chairun, saying that she was one of the best members of the party.

Meanwhile, political analyst Yunarto Wijaya from Jakarta-based think tank Charta Politica said that Golkar would remain focused on shoring up support for Aburizal for the 2014 election instead of carrying out efforts to root out corruption within the party.

"They will deal with friction within the party. Golkar will not waste its energy on dealing with the problem. The party is experienced in dealing with it [graft cases}," Yunarto said.

Other Golkar members who have been investigated by the antigraft body in a number of graft cases include Setya Novanto from House Commission III overseeing legal affairs and Kahar Muzakir from the House's Commission X overseeing sports and youth affairs.

Both were implicated in the bribery case surrounding the National Games (PON) in Riau.

Earlier this year, the Jakarta Graft Court sentenced Golkar politician Zulkarnaen Djabar to 15 years in prison for his role in a Koran procurement scandal.

Golkar's bad apples

Akil Mochtar: Former Constitutional Court chief justice. Implicated in bribery case in two local elections in Gunung Mas regency and Lebak regency.
Zulkarnaen Djabar: Member of House of Representatives' Commission VIII overseeing religion. Sentenced to 15 years in prison in connection with a Koran graft scandal.
Chairun Nisa: Member of the House of Representatives' Commission II overseeing regional autonomy. Implicated in bribery case in the Gunung Mas local election.
Setya Novanto: Golkar Party treasurer. Implicated in the National Games (PON) bribery scandal.

Surveys & opinion polls

Public trust in democracy stays high despite corruption scandals

Jakarta Globe - October 11, 2013

Yeremia Sukoyo – Despite a series of graft scandals that have hit the courts, political parties and other democratic institutions, two out of three Indonesians still believe democracy is the best political system, a new survey finds.

Some 68 percent of respondents said they considered a democratic system a much better choice compared to other forms of government, according to a survey by the Indonesian Institute of Sciences (LIPI). Only 22 percent disagreed with the statement, while the remaining respondents said they did not know.

"This figure shows that there is relatively high support for democracy, even though the level of support is still lower than the average level of support in countries with established democracies," LIPI researcher Wawan Ichwanuddin said.

The survey also showed that the majority of respondents, or about 67 percent, believed the country was already democratic, while 71 percent said that the system of democracy suits Indonesia.

He said the survey results have provided further evidence that Indonesia is unlikely to fall back into an authoritarian regime, like under Suharto's New Order.

Concerns that a growing number of dissatisfied groups and individuals would challenge the system and destabilize the nation, crippling potential social and economic development, were also likely unfounded in light of the survey results, Wawan added.

However, many people do appear fed up with the endless scandals involving political parties and other institutions, with most respondents saying they did not trust the justice system, lawmakers and politicians. Respondents also said those institutions have failed to do their jobs.

All parties must participate in fixing the country's democratic institutions, Wawan said, because if these institutions fail to carry out their functions people will gradually lose their faith in democracy.

A previous survey by the National Survey Institute (LSN) also showed that the public's confidence in democracy was still high, though trust in political parties and the justice system was low.

Dozens of high-ranking officials, politicians and lawmakers have been arrested by the Corruption Eradication Commission (KPK) in the last several years. The recent arrest by the antigraft body of Akil Mochtar, Constitutional Court chief justice, for accepting bribes is the latest in a of series of recent scandals involving senior officials.

Many in the country, including President Susilo Bambang Yudhoyono, have said these scandals threaten to bring down the very foundation of the country's legal system and democracy.

Meanwhile, political analyst Yudi Latief said that in the 15 years since the fall of Suharto's totalitarian regime, Indonesia has been unable to overcome many problems related to democracy. If these problems continue to go unaddressed they could lead to public skepticism, Yudi added.

"The main problem lies in politicians' inability to build the public's trust," he said, adding that certain political parties and politicians had distorted the law, using it to serve their narrow political interests.

Yudhi attributed the public's lack of trust in politics to parties and party leaders who are unable to offer solutions to many of the nation's problems. But despite this lack of trust, the high level of public trust in the democratic process more generally suggests that voter turnout in next year's legislative and presidential elections would be high, said Firman Noor, a political analyst from LIPI.

While Firman expects high turnout next year, he said this would be tempered by the general distrust of political parties, which could result in a high rate of golput – the deliberate defacing of a ballot or casting of an invalid vote to express displeasure at the choice of candidates or parties.

"There's nothing wrong with anti-party democracy, but what we can't have is people being anti-democracy," Firman said. "More people may be moved to cast an invalid ballot."

He said that among the issues aggravating public opinion of political parties and politicians were their poor performance at regional and national legislative levels, their constant internal bickering and stalled membership drives by most of the established parties.

Joko remains the most popular candidate according to new poll

Jakarta Globe - October 11, 2013

The results of a poll by the Pusat Data Bersatu – United Data Center or PDB – announced here on Thursday shows Joko Widodo remained secure at the top of the electability list of potential presidential candidates.

PDB founder Didik Rachbini told a press briefing Joko was clear with 36 percent of the those polled choosing the incumbent Jakarta governor.

Coming second was Great Indonesia Movement Party (Gerindra) founder Prabowo Subianto with 6.6 percent while in third place is State-Owned Enterprises Minister Dahlan Iskan with 5 percent.

Placing fourth and fifth were former Vice President Jusuf Kalla and former military chief Wiranto, with 4.6 and 4 percent of the votes respectively.

He said the survey also showed that the names put forward for the Democratic Party's convention to select its presidential candidate had failed to strike a note with voters polled.

"It is difficult for the participants of the convention to catch up with Jokowi or the other potential candidates," Didik said, referring to the Jakarta governor by his popular name. "The Democratic Party candidates scored poorly."

The survey showed many members or supporters of the Indonesian Democratic Party of Struggle (PDI-P) had clearly shifted their favor to Joko, evidenced by the 2 percent vote obtained by PDI-P chairperson Megawati Sukarnoputri. Joko is a PDI-P member.

"It looks like PDI-P voters are going towards Jokowi and want Megawati to just be a kingmaker," Didik said.

The results of the survey, he added, also showed Prabowo was losing ground, saying that while his electability not long ago was not far behind Joko's, latest numbers showed him to be trailing the governor by some distance.

The results of the electability survey, conducted by telephone on Sept. 21-24 and asking 500 people in 10 large Indonesian cities, showed that among those taking part in the Democrats' convention, Dahlan Iskan topped the list with 71.2 percent of the vote in terms of electability and 48.4 percent of the votes in terms of popularity.

Marzuki Alie came second with 61.8 percent in electability and 24.8 percent in popularity and third was Pramono Edhie Wibowo, brother in law of President Susilo Bambang Yudhoyono, with 39.4 percent and 12.6 percent.

Placing fourth and fifth were Anis Baswedan with 39.2 percent and 18.8 percent, and Trade Minister Gita Wirjawan with 35 percent and 11 percent.

Gerindra official plays down Basuki's poll showing

Jakarta Globe - October 10, 2013

SP/Carlos Paath – An official from the Great Indonesia Movement Party deplored a recent survey in which Jakarta Deputy Governor Basuki Tjahaja Purnama surfaced as the most electable individual for the vice presidency seat in the 2014 election, raising concerns on the capital city's fate should its newly elected leaders run for seats in the central government next year.

"If one would become a presidential candidate and the other a vice president candidate, what would be the fate of Jakarta? Gerindra [Great Indonesia Movement Party] backed the pair as governor and deputy governor," Gerindra secretary general Ahmad Muzani said Wednesday.

A national survey by Cyrus Network released earlier this week showed Basuki as the most electable vice president candidate with an electability of 21 percent by the end of September, rising from 16.3 percent earlier in the month.

The numbers put him on par with State Enterprises Minister Dahlan Iskan, who earlier in September was favored by 17.5 percent of the survey's 1,020 respondents.

In addition to coming in as the most electable person for vice president, Basuki also topped public opinion polls on who they think is most fit to pair up with the very popular Joko Widodo as president, earning up to 31.6 percent.

"What is most interesting is the public's opinion on who is most fitting to pair with Joko as a vice president. Basuki's name stood out with 31.6 percent," Cyrus Network senior consultant Hafizul Mizan Piliang said in his press release on Tuesday.

Muzani said such results served as an example of how Indonesia's democracy was continuously being tested, in that the public should not merely elect a leader based on their popularity.

"This nation has to think about improving the quality of its governmental system so that it will not end up with merely a notional democracy," he said.

Earlier on Monday, Basuki shrugged off the survey results as a joke. "That's just another joke. Even the governor does not mind such things, why would I, as his staff, mind such things? That guy must be crazy. It's so stressful nowadays just being a deputy governor," he said at City Hall earlier this week.

Basuki questioned the credibility of the people behind the survey. "Those guys are just making that up. What do they want?" he said. "If you want to make gossips, spread good gossips."

The deputy governor went so far as to joke that if he were to come forward in a general election he would like to be nominated as president. "If I think about it, I think I want to become president. Why settle for vice president?" he said, as quoted by Inilah.com.

Environment & natural disasters

Walhi plans to sue government over forest fires

Jakarta Post - October 8, 2013

Jakarta – The Indonesian Forum for the Environment (Walhi), a conservation group, has said that it would file a lawsuit against the government for failing to control the annual forest fires in Sumatra.

Walhi said that it would file the case at the Central Jakarta District Court through its "Pulihkan Indonesia" (Restore Indonesia) advocacy team.

Wahyu Wagiman, the team's spokesman, said that they would attempt to make the case that the government – namely President Susilo Bambang Yudhoyono, related ministers, and Sumatra regional officials – had consistently failed to enact a policy to prevent forest fires, especially in Riau and Jambi.

"They've failed to prevent forest fires, they've failed to reduce the number of forest fires and they've failed to react quickly enough to tackle forest fires," Wahyu said on Monday. "They've also failed to enforce the law, especially against big corporations, and not just small farmers," he added.

Wahyu said that the group also demanded that the police make better progress in determining the cause of the fires and who the perpetrators were.

Walhi said that it had gathered data since June that they used to back up their claim that the President's administration lacked the conviction to deal with the forest-fire issue.

Data collected includes information from injured parties as well as an academic paper on "estimating material and other losses from environmental destruction".

Sumatra saw 9,236 fire hotspots in June alone, according to the National Aeronautics and Space Administration's Fire Information for Resource Management System (NASA FIRMS), with 89 percent located in Riau province.

Health & education

Rights body backs anti-tobacco campaign

Jakarta Post - October 11, 2013

Nadya Natahadibrata, Jakarta – The National Commission on Human Rights (Komnas HAM) has put additional pressure on the government to immediately ratify the Framework Convention on Tobacco Control (FCTC), saying that freedom from dangerous tobacco smoke is a basic human right.

Speaking at the National Seminar on Tobacco Control on Wednesday, Komnas HAM commissioner Roichatul Aswidah said that tobacco smoke was a serious threat to human rights as it caused mass deaths across the globe annually.

"Komnas HAM sees this problem from a perspective where the government has to provide a healthy environment for its citizens by ratifying the treaty to protect the people from health threats caused by tobacco smoke," Roichatul said on Wednesday.

The treaty that was adopted by the 56th World Health Assembly in 2003, is aimed at promoting public health by monitoring tobacco use, protecting people from tobacco smoke, enforcing bans on tobacco advertising as well as raising taxes on tobacco products.

Indonesia is the only Asian country and, along with Somalia, one of the only two Muslim-majority countries that have not ratified the treaty, due to strong opposition from tobacco industry.

Roichatul also said that not every ministry shared the same views on the treaty, making it even harder to discuss the ratification with members of the House of Representatives.

Data from the Demography Institute of the University of Indonesia shows that cigarette consumption in Indonesia increased from 251 billion cigarettes in 2009 to 302 billion in 2012.

Meanwhile, data from the Health Ministry showed that around 260,000 Indonesians died from tobacco-related diseases last year. About 25,000 of them were not smokers but exposed to the cigarette smoke in their surroundings.

Former Komnas HAM chairman Ifdhal Kasim said that every citizen had the right to life and the government should step up its efforts to protect its people from threats including those from tobacco smoke.

"Cigarettes kill one person every 10 seconds globally, while half of those deaths occurred in Asia, according to WHO," Ifdhal said.

"If those figures keep on recurring every year, then all of those countries have failed in defending their citizens' right to life," Ifdhal said.

"The government has to immediately ratify the treaty because it has the responsibility to ensure that its citizens have the right to life."

The Foreign Ministry's director for human rights and humanitarian affairs, Muhammad Anshor, also shared the same view, saying that cigarettes reduced public access to the highest standards of health.

"Especially in Indonesia, where a lot of children who come from poor families are forced to endure limited budgets for their education and health, simply because their parents are smoking," he said.

According to the Health Ministry's human resources development and empowerment agency head, Untung Suseno Sutarjo, more than 43 million children live with parents who smoke and as such are exposed to cigarette smoke daily at home.

"These children will experience slower lung development and higher possibilities of contracting asthma, which will later hinder their performances at school. This condition will put those children and the nation's future at stake," Untung said.

Graft & corruption

KPK will not recruit TNI personnel

Jakarta Post - October 14, 2013

National – The Corruption Eradication Commission (KPK) has rejected speculation that it will recruit members of the Indonesian Military (TNI) as investigators.

"It's not true. The KPK will not recruit investigators from the TNI," KPK spokesman Johan Budi said.

Johan also denied that the move to recruit TNI members was part of an effort to "safeguard" the Hambalang sports complex graft case, which involved politicians from the ruling Democratic Party.

In 2012, the KPK signed a memorandum of understanding (MoU) with the TNI to use the latter's detention facility in Guntur, South Jakarta, which is under the control of the Jakarta Military Command (Kodam Jaya).

The KPK argued that its detention facility was too small to hold the increasing number of graft suspects the commission was investigating.

Yudhoyono orders intelligence operation on Bunda Putri

Jakarta Post - October 14, 2013

Jakarta – President Susilo Bambang Yudhoyono, irked by an accusation from a leading member of the Prosperous Justice Party (PKS) that he lied about his ties with Bunda Putri, has ordered the National Police to launch an investigation into the true identity of the mysterious woman.

National Police chief Gen. Timur Pradopo said an intelligence operation had been launched to get more information about Bunda, who was said to be a powerful lobbyist with close ties to the State Palace.

"This concerns the country's president, so an investigation is a must. Let us just wait for the result," Timur said over the weekend.

Timur said the investigation could help the Corruption Eradication Commission (KPK) in its graft investigation, given the important role that Bunda allegedly played in the beef importation ease.

Former PKS leader and graft suspect Luthfi Hasan Ishaaq told the Jakarta Corruption Court last week that Bunda was no stranger to Yudhoyono.

"Bunda Putri is very close to SBY and she knows about the [Cabinet] reshuffle," he told the panel of judges at the court in Kuningan, South Jakarta. Later in the week, PKS deputy secretary-general Fahri Hamzah accused Yudhoyono of lying by pretending not to know Bunda.

Responding to the accusation, Yudhoyono staged a press conference soon after his arrival from Brunei Darussalam and said no State Palace officials or members of his family knew Bunda.

Yudhoyono also said there were no phone calls, mails, text messages or meetings between Bunda and his family. "If someone wants to meet, send a letter or call the President, he must go through a system," he said. "My personal assistant would have known [if Bunda ever contacted me]. But 100 percent, nobody knows," he said.

Late last week, Cabinet Secretary Dipo Alam was forced to issue a denial that he personally knew Bunda after a photo circulating on social media showed him posing with what many identified as the woman in question.

Dipo said as a state official, many asked to take photos with him. "One thing for sure, I don't know who Bunda Putri is and I had nothing to do with her," Dipo said.

Bunda is reportedly an alias for Non Saputri, the wife of the Agriculture Ministry's horticulture director-general, Hasanuddin Ibrahim. She reportedly has close ties to high-ranking officials and is able to pull strings in the government.

Bunda was first mentioned by PKS chief patron Hilmi Aminuddin's son, Ridwan Hakim, who claimed he only knew her as a businesswoman and that she acted as his mentor.

Agriculture Minister Suswono, a senior PKS member, then revealed he once met Bunda during an event in 2010 or 2011 in West Kalimantan that was also attended by Yudhoyono, further fueling speculation that she was a close friend of the President.

Rival politicians have lambasted Yudhoyono's move to order the National Police to start an intelligence operation only to find the identity of Bunda.

"It's really unnecessary. If the President wants to reveal the identity of Bunda Putra, he could immediately tell the public about it," deputy chairman of the Great Indonesia Movement (Gerindra) Party Fadli Zon said as quoted by tribunnews.com.

President, PKS leaders exchange accusations over Bunda Putri

Jakarta Post - October 12, 2013

Hans Nicholas Jong, Jakarta – A leading member of the Prosperous Justice Party (PKS) has accused President Susilo Bambang Yudhoyono of lying with regard to Bunda Putri, a hitherto little-known woman said to have played a role in the beef import graft case.

The President claimed late on Thursday that no State Palace officials or member of his family knew Bunda Putri. "[My] family does not know Bunda Putri," he said. To further emphasize his point, he said that he had spent more than 30 minutes contacting his family members one by one to confirm the matter.

Yudhoyono also said that there was no phone call, mail, text message or meeting between Bunda Putri and his family. "If someone wants to meet, send a letter or call the President, he must go through a system," he said. "My personal assistant would have known [if Bunda Putri ever contacted me]. But 100 percent, nobody knows," he said.

The President made the statement only hours after former PKS leader and graft suspect Luthfi Hasan Ishaaq told the Jakarta Corruption Court that Bunda was no stranger to Yudhoyono.

"Bunda Putri is very close to SBY and she knows about the [Cabinet] reshuffle," he told the panel of judges at the Jakarta Corruption Court in Kuningan, South Jakarta.

PKS deputy secretary general Fahri Hamzah, meanwhile, said on Friday that Yudhoyono was pretending not to know Bunda Putri. "He knows her. Yudhoyono is just playing dumb. Anyone who met Luthfi using Yudhoyono's name would have been checked out [first by Luthfi]," he said.

The President has been involved in a series of squabbles over various issues with the Islamic-based party, which has three of its top politicians in Yudhoyono's Cabinet. The President has opted not to fire them despite the PKS' animosity.

Bunda Putri is reportedly an alias for Non Saputri, the wife of the Agriculture Ministry's horticulture director general, Hasanuddin Ibrahim. She reportedly has close ties to high-ranking officials and able to pull strings in the government. When asked whether Bunda Putri was Non Saputri, Luthfi told the judges that he did not know.

Bunda Putri was first mentioned by PKS chief patron Hilmi Aminuddin's son, Ridwan Hakim, who claimed that he only knew her as a businesswoman and that she acted as his mentor.

Agriculture Minister Suswono, a senior PKS member, then revealed that he once met Bunda Putri during an event in 2010 or 2011 in West Kalimantan that was also attended by Yudhoyono, further fueling speculation that she was a close friend of the President.

Presidential spokesman Julian Aldrin Pasha said that the President needed to respond to Luthfi's allegation because he claimed that Bunda Putri had a say in a planned Cabinet reshuffle, which the President strongly denied.

Yudhoyono's rapid denial is change from when a member of his close circle, Sengman Tjahja, was dragged into the beef scandal. Sengman's role in the case was revealed in a wiretapped phone conversation between Ridwan and the main suspect in the case, Ahmad Fathanah.

During the conversation, Fathanah told Ridwan that Rp 40 billion (US$3.6 million) in kickbacks had been delivered by Sengman and his friend, Hendra. Ridwan then testified that Sengman was an "envoy" from Yudhoyono to the PKS.

Democratic Party officials quickly denied that the President had an "envoy" named Sengman and that whatever he (Sengman) had done, had nothing to do with the President, the President however would not say whether he knew Sengman.

Almost a week after the allegations surfaced, the President, through Coordinating Political, Legal and Security Affairs Minister Djoko Suyanto, finally admitted that he knew Sengman and that he attended the wedding of Sengman's daughter in 2008.

Commenting on the matter, outspoken Democratic Politician Ruhut Sitompul said that Luthfi was trying to attack the President by linking Bunda to him. "It's like Luthfi is falling off a cliff and trying to drag everyone with him," he told The Jakarta Post.

Yudhoyono denies ties to PKS 'Queen Lobbyist' Bunda Putri

Jakarta Globe - October 11, 2013

ID/Novy Lumanauw – Indonesian President Susilo Bambang Yudhoyono attempted to distance himself from "Queen Lobbyist" Bunda Putri in a rare public statement on Thursday, telling reporters that he never met the Prosperous Justice Party-affiliated lobbyist – a central figure in a party scandal involving the nation's beef import quotas.

"Nobody knows Bunda Putri," Yudhoyono told reporters at Brueni Darussalam's Halim Perdanakusuma airbase Thursday night. "One-hundred percent, no one knows [her]."

The president was responding to allegations made by disgraced Prosperous Justice Party (PKS) chair Luthfi Hasan Ishaaq during a court hearing at the Jakarta Anti-Corruption Court on Thursday.

Luthfi implied that Yudhoyono and Bunda Putri enjoyed a cozy relationship and shared information about the inner workings of the Democratic Party's coalition. "She knew about the cabinet reshuffle plan and many other pieces of [information]," Luthfi said.

Bunda Putri, whose real name is Non Saputri, was a relative unknown until the Islamist party became embroiled in a corruption case involving beef import quotas. She appears to wield great power behind the scenes, demanding Luthfi drive straight to her Pondok Indah home after the Corruption Eradication Commission (KPK) arrested aid Ahmad Fathanah with Rp 1 billion ($88,000) in beef bribes and a part-time sex worker in a Jakarta hotel.

Agriculture Minister Suswono also felt compelled to make a late-night visit to Bunda Putri's home. The KPK, referencing wiretapped phone conversations between Bunda Putri and several PKS party members, described her role as an influential broker and said the lobbyist's involvement may lead investigators to name high-powered suspects.

But so far, the KPK has struggled to explain Bunda Putri's exact connection to the beef import scandal. "So far, we're still gathering evidence, including unraveling who Bunda Putri is and her role in this case," KPK deputy chairman Busyro Muqoddas told the Indonesian newspaper Tempo.

Regardless, the mention of her name was enough to send Yudhoyono into damage control. The president told reporters that although he rarely commented on ongoing corruption cases, he felt compelled to clarify his alleged relationship with Bunda Putri – denying the allegations outright.

"I checked whether she ever called me, but there's no [proof of communication]... She also never met me," Yudhoyono said.

The president then asked State Secretariat Minister Sudi Silalahi to summon Suswono to explain Bunda Putri's identity. The agriculture minister reportedly told Sudi that Bunda Putri was a lobbyist with ties to the fertilizer industry. She is also the wife of Hasanuddin Ibrahim, the Agriculture Ministry's director for horticulture.

Presidential connections or not, Bunda Putri appeared to have a great deal of knowledge about Yudhoyono's behind-the-scenes plans.

During Thursday's heading at the Anti-Corruption Court, Luthfi admitted in court that he once went to Bunda Putri's house in Pondok Indah, South Jakarta, to discuss a cabinet reshuffle. He described Bunda Putri as one of Yudhoyono's close aids who was familiar with the plan.

He said that he feared that the PKS' minister would be affected by the possible reorganization after his party openly opposed the government's decision to increase the price of subsidized fuel.

During an earlier court hearing, the KPK played a telephone conversation they had wiretapped on Jan. 28 between Ridwan Hakim – the son of PKS chief patron Hilmi Aminuddin – Luthfi and Bunda Putri. Ridwan said that a minister had visited Bunda Putri's house before midnight, staying until 1 a.m.

In the conversation, Bunda Putri told Luthfi that she was upset because Suswono promised her that Fatan A. Rasyin, a close friend of hers, would be made domestic marketing director of the Cultural Ministry but never came through. Fatan, however, was given another position by Suswono.

Bunda Putri also told Luthfi that she was meeting with Cabinet Secretary Dipo Alam and made known her position as a middleman between the PKS and Tim Penilai Akhir, an organization led by Vice President Boediono that decides on high-ranking ministry officials.

"I don't feel like taking care of the [TPA]," she said in the call. "So, in March, if there is a reshuffle, I will tell Pak Lurah [Yudhoyono] 'It's true what you told me about Pak Haji Susu [Suswono]. Just clear him out.'

"Bunda will do that, so it'll be safe," she continued in the third-person. "He [Suswono] asked me to manage him, so it's not only one person above him [that needs to be dealt with], but many. And this is only Fatan."

Bernaldi Kadir Djemat, the former son-in-law of Bunda Putri, told Detik Magazine that there were photos of her posing with high-ranking officials at her house to demonstrate to potential clients her credentials. One of the photos reportedly shows her posing with Yudhoyono and First lady Ani Yudhoyono.

M. Jusuf Rizal, the founder of the Blora Center, who supported Yudhoyono during the 2004 presidential election, said that Bunda Putri was an active campaign volunteer for Yudhoyono.

Little was known about Bunda Putri until earlier this month. She was born in Cilimus, Kuningan, West Java, and is the mother of Indonesian celebrity Peny Fernita Sari – a child of her first marriage to an unnamed Frenchman.

After divorcing her first husband, she married the chairman of the West Jakarta Land Agency, Lukman Hakim Kartasasmita. After her second divorce she married Hasanuddin.

Freedom of religion & worship

FPI forces Ahmadiyah mosque to close in West Java

Jakarta Globe - October 10, 2013

Camelia Pasandaran – Hard-line Islamists shuttered an Ahmadiyah mosque after reportedly threatening to burn it down on Sunday in the latest example of religious intolerance to plague West Java.

The Islamic Defenders Front (FPI) sealed a mosque in Sukatali village, in Sumedang, earlier this week after accusing the small congregation of breaking a controversial decree barring Ahmadiyah Muslims from proselytizing their religion.

The decree, signed in 2008 by the Ministry of Home Affairs, the Ministry of Religious Affairs and the Attorney General's Office, with the support of the West Java governor's office, has long been used as an excuse to oppress the minority religion.

Firdaus Mubarik, spokesman for the Indonesia Ahmadiyah Congregation (JAI), said the congregation was doing little more than holding regular prayer services. "They only used [the mosque] to pray," he said. "It had not even been used for Koran study groups."

This particular mosque, which served the village's 34-person Ahmadiyah community, has existed since the 1940s, according to Sukatali village chief Ade Ratna Wulan.

"They have been here for generations," Ade told the local newspaper Kabar Priangan."I don't know since when, but a 70-year old Ahmadiyah leader said that when he was born here, the mosque already existed."

The Sumedang branch of the FPI denied claims they sealed the mosque. "For sure, what has been done by the FPI members was not sealing," branch chief Muhammad Nur told the local newspaper Radar Sumedang. "Sealing or shutting down [a house of worship] is the authority of the Sumedang district government."

The hard-liners said they had previously reached an agreement with the Ahmadiyah to stop using the mosque. Since the mosque was still in use, they decided to take matters into their own hands and shutter the building.

"We agree today to fully seal the building that has been used as a house of worship by the Ahmadiyah," one FPI member told Radar Sumedang.

Spreading Islamist influence

Organizations like the FPI have been allowed to operate with impunity in the historically conservative province of West Java, where the government, led by the Islamist Prosperous Justice Party (PKS), has been accused of bowing to pressure from radical groups.

The FPI, and affiliate organizations, have been behind several mosque and church closures in West Java, including the destruction of a Batak protestant church in Taman Sari, Bekasi district. That church was tore down by district officials before a crowd of cheering FPI members.

In other incidents, like the attack on an Ahmadiyah mosque in Tasikmalaya, the FPI reportedly destroyed the building themselves. The latest incident, in Sumedang, raised concern that the FPI's influence was spreading to the northern parts of the province.

"Cases like this in West Java in the past happened in the southern part, like in Cianjur and Sukabumi, but rarely in the north," Firdaus said. "But then it happened in Kuningan, in central West Java, and now it is moving north to areas that are not really very religious. The hard-line group is extending its movement."

No help from the government

Indonesia's beleaguered Ahmadiyah community approached the government in the mid-2000s to ask for help. The government's response, a 2008 decree that protects the Ahmadiyah's right to exist, was then used to support crackdowns across West Java.

The decree allows Ahmadiyah to practice their religion, but opens the group up to penalties if they are accused of spreading their beliefs to mainstream Muslims.

"[The] joint ministerial decree has no legitimate place in our legal system," said Bonar Tigor Naipospos, deputy chairman of Setara Institute. "Moreover the decree is vague and can result in different interpretations."

JAI called the decree little more than a government effort to dissolve the religion. "The government just want to force their opinion and a one-side solution," Firdaus said. "They're not ready to provide a real solution. They only want to dissolve Ahmadiyah with the decree."

That notion, a complete ban on Ahmadiyah Muslims, would likely gain support in the halls of the West Java Governor's Mansion. West Java Governor Ahmad Heryawan once said problems with the Ahmadiyah would stop being a problem once the belief disappeared.

The Setara Institute placed the blame on government inaction. "It's the obligation of the government to protect the rights of its citizens and guarantee their freedom to worship," Bonar said.

A brief timeline of attacks on Ahmadiyah in West Java and Banten

Oct. 25, 2002: The At-Taqwa and Al-Hidayah mosques in Kuningan, West Java, are destroyed by a mob.

2005: A mob attacks an Ahmadiyah village in Neglasari, Cianjur, West Java, damaging three mosques and several homes.

Aug. 19, 2005: The Istiqomah mosque in Sedasari village. Majalengka, West Java, is sealed by the local government following an edict from the from Indonesian Ulema Council (MUI) banning the Ahmadiyah.

2008: The joint ministerial decree banning Ahmadiyah from spreading their beliefs is signed.

2008: The Al Furqon mosque and the Ahmadiyah Islamic school are set ablaze in Parakan Salak, Sukabumi, West Java.

July 27, 2010: The Kuningan Public Order Agency (Satpol PP) seal one mosque and several smaller houses of worship in an anti-Ahmadiyah crackdown.

Oct. 10, 2010: An Ahamdiyah mosque and boarding school are torched by local residents in Cisalada, Bogor, West Java.

December 2010: Members of a local Islamic boarding school rampage through an Ahmadiyah community, destroying a mosque in Warnasari village, Sukabumi.

Feb. 6, 2011: Three Ahamdiyah members were brutally killed in a mob attack in Cikeusik, Banten, by men shouting "God is great" and "Kill! Kill! Kill! Kill Ahmadiyah!" Video of the attack was posted to YouTube, sparking international condemnation and calls for harsh penalties for those involved.

April 2011: Government officials seal the Al-Mubarok mosque in Sindang Barang, Bogor.

July 2011: The Serang District Court sentences 12 people to six months in jail for igniting a conflict that resulted in someone's death over their roles in the Cikeusik killings. The verdict was called a failure of Indonesia by Ahmadiyah members.

August 2011: Deden Sujana, an Ahmadiyah member from Cikeusik, is jailed for six months for refusing a police order to leave his home the mob killings.

Feb. 2012: Nurhidayah mosque, in Cipeuyeum village, Cianjur, West Java, is destroyed by local residents.

April 2012: Baitul Rahim mosque in Cipakat village, Tasikmalaya, is sealed by local residents.

April 2012: A mob ransack an Ahmadiyah mosque in Singaparna, West Java, hurling Molotov cocktails at the building.

March 2013: The Bekasi Satpol PP seals the Al-Misbah mosque in Pondok Gede, Bekasi, West Java, locking several Ahamdiyah members inside.

July 2013: An-Nasir mosque, in Neglasari, is shuttered by local ulema.

Islam & religion

Clerics, TV stations told to deliver enlightened 'dakwah'

Jakarta Post - October 12, 2013

Bambang Muryanto, Yogyakarta – Religious outreach (dakwah) programs aired by a number of local television stations are still laden with ethical violations, shallow content and are not enlightening, thus failing to answer real issues faced by society, such as corruption, negligence and poverty, experts say.

"I believe dakwah broadcast on television tend to encourage an overly conservative mind-set among members of society. The content of dakwah does not help to answer the real issues that people are facing," said Dicky Sofjan from the Yogyakarta-based Indonesia Consortium for Religious Studies (ICRS) at Gadjah Mada University (UGM). He was speaking after addressing an international conference entitled "Religion and Television in Indonesia" at Sunan Kalijaga State University in Yogyakarta recently.

Dicky, who is also the author of a book titled "Religion and Television in Indonesia: Ethics Surrounding Dakwahtainment", said the Indonesian Broadcasting Commission (KPI) should seriously work together with academics and the television industry to improve the quality of televised religious outreach.

"There is a growing ethical issue, namely the commercialization of religion, in which a preacher also endorses a product so that members of the community will buy it and use it," Dicky added.

He also questioned whether becoming a preacher was a religious calling or a profession. "If it's a calling, then it is not ethical for preachers to be paid. However, if it's a profession, then they must undergo training and meet certain educational qualifications.

"If we agree on this, [whether to say preaching is a calling or a profession], we have the essential foundation to resolve these ethical issues surrounding 'dakwahtainment'," said Dicky.

Based on his research, Dicky perceives that "dakwahtainment" still favors spectacle as opposed to guidance, as dakwah material focuses on relatively trivial issues, such as rituals, which should no longer need to be discussed.

"There's a clear superficiality in a great deal of religious teaching that does not educate the nation. A similar problem also exists within Evangelism in the United States. This is a global issue that is also manifest in Malaysia and Egypt," he asserted.

Nina Muthmainnah Armado, a lecturer on the University of Indonesia's (UI) post-graduate communications program, said the current "dakwahtainment" programs may influence people to believe that religious programs should be like those aired on television, which were not serious as they were dominated by entertainment material.

Nina noticed that religious programs on TV often combined good dakwah content with comedy, which was contrary to the core teachings and a breach of ethics because their content sometimes harassed people. "I have seen some clerics only remaining silent, meaning they are complying to the rules set by the entertainment industry," she added.

Separately, KPI deputy head Idy Muzayyad said televised religious outreach in Indonesia should prioritize issues such as religious tolerance, especially given the fact that TV ownership was ubiquitous in the country. "We prohibit religious material that plays one religion off against another or promotes differences within a religion," Idy stressed.

He said dakwah on television was governed by Broadcasting Program Standards (SPS), but he added that in reality, violations still occurred, such as religious dramas containing dialogue that may offend some people. Such instances usually arose during the Islamic fasting month, Ramadhan, as many programs at that time of the year were made and produced hastily, he explained.

Cleric Yusuf Mansyur, who often preaches on television and also produces religious TV drama, said televised dakwah was important as it could reach many followers.

"If possible, clerics preaching on television should not set pay rates; instead, they should ask for sustenance from God," he said. Yusuf added, however, that a preacher could accept any financial payment that was offered as it was a gift from God.

Internet makes sacrificing easier

Jakarta Post - October 12, 2013

Rangga D. Fadillah and Corry Elyda, Jakarta – Thanks to technology, Muslims all over the country can now perform their religious obligations on the Islamic Day of Sacrifice, or Idul Adha, in much simpler ways.

One does not need to go anywhere. Just fill in an online form at home and transfer the money via cell phone or Internet banking, and livestock under your name can be slaughtered and distributed to the needy on the day, which this year falls on Oct. 15.

Among several institutions providing that kind of service is the charity organization, Dompet Dhuafa.

Yuli Pujihardi, executive director of the Tebar Hewan Kurban (Scatter Sacrificed Animals) program, said people's interest in joining the program increased each year. He added that the essence of this program was not only to make sacrifice easier, but also to ensure that meat went to those who needed it the most.

"We started the program in 1994. It was based on our concern that sacrificial activities were only concentrated in certain areas, and in most cases, they only distributed meat around those areas, despite there being too much meat for the people living there," he told The Jakarta Post in a recent interview.

Yuli explained that the system saw Dompet Dhuafa receive money from customers and buy livestock from the organization's partner breeders located across the nation. Six months before Idul Adha, he continued, the breeders had been given some money to ensure the livestock met the sacrificial requirements.

"We then hold sacrifices in selected locations that need the meat the most. With that system, the breeders get the money twice. We also want to empower their businesses. This year, our target is to sacrifice 30,000 animals. Last year, the number was 25,120," he said.

According to Dompet Dhuafa's official website, this year, 1,463 Muslims, mostly from Greater Jakarta, had joined the sacrifice program as of Saturday. As many as 1,830 goats and 108 cows have been bought with accumulated funds reaching Rp 3.93 billion (US$345,840).

Nurmahliana Hasibuan, 51, a Jakarta resident, said she first joined Dompet Dhuafa's sacrifice program four years ago. She claimed it was simpler as besides doing it online, she could just go to one of the organization's outlets in the city and pay for the livestock.

Dompet Dhuafa has opened many outlets in Jakarta, teaming up with giant retailers like Lotte Mart and Carrefour. "The transparency is also very good. Our sacrifices are also spread to rural areas so we can be sure that those who get [the meat] are the most in need," Nurmahliana said.

In addition to Dompet Dhuafa, another organization providing an integrated sacrifice service is Lazismu. Run by the second-largest Muslim organization in the country, Muhammadiyah, Lazismu delivers a program called Kurban Pak Kumis (Mr. Moustache Sacrifice).

Parliament & legislation

Ruhut quits commission leadership

Jakarta Post - October 8, 2013

Margareth S. Aritonang, Jakarta – Controversial Democratic Party politician Ruhut Sitompul finally gave up his seat as chairman of the House of Representatives' Commission III overseeing legal affairs after meeting strong opposition from fellow lawmakers.

Ruhut announced his withdrawal on Monday at a Commission III meeting, during which he was due to be inaugurated into his new position, after hours of debate involving commission members who deemed "Ruhut was not the right person to lead the prestigious commission".

Expecting that Ruhut would not win the battle, the Democratic Party faction in the House has appointed Pieter C. Zulkifli Simabuea House Commission II overseeing regional autonomy to assume Ruhut's position. Ruhut's detractors appeared to be satisfied with the appointment of Pieter.

"The leadership of the Democratic Party has decided to appoint Pak Pieter to take over the commission leadership. The House leadership will receive an official letter today [Monday] in the hope that his [Pieter's] appointment can be made official as soon as possible," Edi said.

Staying true to his reputation as a controversial lawmaker, however, Ruhut introduced drama to the House session on Monday, by allowing his wife, Diana Leovita, whom he married in 2011, to make an appearance.

The move was to silence his critics, who questioned his lack of moral judgement for taking a second wife before divorcing his first wife, Anna Rudhiantiana Legawati, a Golkar Party politician, in 2011. Ruhut married Diana while he was still legally married to Anna, whom he had married in 1998.

"This is my first and only wife," Ruhut told the lawmakers, pointing to Diana who sat beside him in between other Commission III members. "It really hurts her feeling when she is addressed as my second wife."

Ruhut was responding to criticism from lawmakers Desmond Junaidi Mahesa from the Great Indonesia Movement Party (Gerindra) and Ahmad Yani from the United Development Party (PPP), who raised the subject of Ruhut's marital status in a bid to prevent him from taking chairmanship of the commission.

Ruhut also said it was his family who convinced him not to take up his new position. "My family told me that I didn't need to be the commission chairman because I may be busier with the new job. I hereby announce my intention not to assume the chairmanship as that is the best thing to do," Ruhut said.

Previously, Ruhut had warned he would expose the "dark secrets" of his colleagues who opposed his inauguration. Ruhut has repeatedly threatened to reveal allegations of corruption implicating several of his Commission III colleagues. He also claimed that he had the backing of President Susilo Bambang Yudhoyono to assume his new position as Commission III chairman.

House Deputy Speaker Priyo Budi Santoso applauded Ruhut's move, saying that it had brought an amiable solution to the dispute. "This is a win-win solution because it would have been so unfortunate if a vote had been necessitated. The House has never conducted a voting session to select a chairman of any commission," Priyo said.

The House's leadership is expected to inaugurate Pieter as the new Commission III chairman next week.

Judicial & legal system

Constitutional Court corruption scandal shakes Banten dynasty

Jakarta Globe - October 11, 2013

Camelia Pasandaran – Banten Governor Ratu Atut Chosiyah stepped out of her black Mitsubishi Pajero Sport SUV at the Corruption Eradication Commission's South Jakarta headquarters on Friday and smiled as she greeted the throng of jostling reporters.

"Assalamualaikum," she said to the camera, placing her palms together in a respectful greeting.

The usually posh Atut wore no makeup and a black jilbab on Friday. She walked briskly into the Corruption Eradication Commission (KPK) building, where she was due to be questioned as a witness in the antigraft body's investigation into attorney Susi Tur Andayani – a family associate arrested with disgraced Constitutional Court chief justice Akil Mochtar on allegations of widespread election-rigging.

The downfall of the head of Indonesia's Constitutional Court has serious implications for Atut and her family. Her brother Tubagus Chaeri, the husband of South Tangerang Mayor Airin Rachmi Diani, was charged in the case.

Atut is the head of a powerful political dynasty in Banten province that has been accused of siphoning off tens of billions of rupiah in public money from infrastructure projects in a single year. Her family reportedly had their hands in the till for years, embezzling funds at the expense of the increasingly impoverished electorate.

Several regions in western Banten, from Lebak to Serang, remain some of poorest places in Indonesia – despite significant inflows of money. The money, it seems, rarely made it to the districts' residents and some of the region's infrastructure is in serious disrepair.

Her status as a witness set off a chorus of cheers from Banten residents. A banner reading, "Thank you KPK. We Banten residents support you," hung from the pedestrian overpass on Jalan HR Rasuna Said near the KPK's building. Protestors rallied outside the building on Friday with signs calling Atut a "corruptor" and showing support for the antigraft body.

Atut looked unfazed as she entered the KPK building on Friday, but she has shown signs of concern in the wake of Tubagus' arrest. On Monday, Atut gathered her family together and held a prayer session in the support of brother and sister-in-law.

Shamans, strongmen and surgery

Sensational rumors have swirled about the family since Tubagus' arrest. Atut has undergone a significant amount of plastic surgery, according to media reports. She is protected by a gang of jawara, powerful local leaders skilled in Indonesian martial arts and granted powers by local dukuns (shamans). She is protected by black magic.

Muslim clerics prepared holy water outside the KPK building on Friday, promising to combat the work of malicious dukuns. "If black magic is involved, please have it directed at me," Sukma Saefi Maulana told the Indonesian news portal Detik.com. "I have holy water from an ancient mosque in Banten prepared."

KPK chief Abraham Samad said the agency would push on unafraid of Atut's allegedly powerful friends. "Let Atut be protected by the jawara – the KPK is protected by God," Abraham told Detik.com.

Paper trails

The KPK has yet to name Atut as anything more than a witness in its ongoing investigation. But Indonesia Corruption Watch (ICW) and the government's Supreme Audit Agency (BPK) have released separate reports alleging severe budget misuse by Atut's Banten government.

Her administration has been accused of a host of embezzlement schemes, including the creation of more than a dozen fake or illegitimate organizations and billions stolen in marked-up public projects.

The Banten Health Agency and the Banten General Affairs Bureau were reportedly in charge of three projects with budgets inflated Rp 1.21 billion in 2012. The BPK Banten office also discovered evidence that a Rp 1.13 billion grant went undocumented in the same year. In another case, a land purchase was allegedly marked-up Rp 1.65 billion, the BPK report read.

ICW detailed additional claims of corruption involving Banten government officials. In 2011, the Banten government received Rp 340 billion for grants and Rp 51 billion for social aid in its budget appropriation from the central government, according to ICW. The funds were to be distributed to mass organizations and institutions working with the province's most vulnerable residents.

The funds were quickly disbursed and the Banten government soon sent the House of Representatives an urgent letter: they needed more money – Rp 88.3 billion to be exact. House lawmakers responded by allocating the province an additional Rp 94.3 billion in government funds.

The province's institutions and mass organizations were in need of a significant amount of money, the local government argued. But when researchers from ICW followed the paper trail they discovered that several of the organizations didn't exist.

ICW visited 30 percent of the institutions listed as recipients of government funds. Ten of those listed were fake, Ade Irawan, a researcher at ICW, said. Those ten institutions received Rp 4.5 billion in public money.

One such organization, the Shariah Economic Development Forum, was listed by the Banten Asset and Financial Management Agency to a private residence. The home's owner said he never heard of the organization, Ade said.

Another institution, the Micro Business Development Forum, was listed to a Youri Messakh. When ICW visited the address detailed in Banten government documents, they found Youri's home. His parents said their son wasn't the head of an organization, but he was a staffer at the South Tangerang Mayor's Office and part of Airin's campaign team.

The allegations continued. Ten organizations were listed to one of two addresses. Fifteen others were registered to members of Atut's family or fellow Golkar Party politicians. The governor's cronies allegedly received Rp 29.5 billion in state funds.

In all the Banten government allegedly skimmed off nearly ten percent of social welfare and grant budget in a single year, Ade said. "The grant and social aid fund totaled around Rp 390 billion," he said. "Allegedly some Rp 34.9 billion was misused."

Atut's spokesman declined to comment on the allegations, calling the matter a government issue. "It's a government program, so she will not comment," Fitron Nur said. "Besides it happened only in some regions, just small parts of the big Banten province."

All in the family

Atut is the government in much of Banten. She is the head of a powerful family dynasty with direct relatives in nearly a dozen political offices, from the Banten Representative Council (DPD) to the governor's office.

For the family, political office has reportedly been a lucrative business. Atut allegedly owns 122 properties and homes throughout Jakarta and Banten worth some Rp 19.1 billion, according to her 2006 wealth report filed with the KPK.

She owned 38 vehicles, including several luxury cars, worth Rp 3.9 billion and a clutch of jewelry totaling Rp 7.75 billion. Combined with her personal savings and corporate stocks, Atut was worth an estimated Rp 41.9 billion in 2006, the last publicly available wealth report on record.

It was a significant increase over her 2002 wealth report, which valued her total listed assets at Rp 30.6 billion. Spokesman Fitron said much of Atut's wealth was family money. Her father was a rich man when he died, and deeded much of his wealth to his daughter.

"So when her wealth reportedly increased, it was mostly in land [prices]," Fitron said. The family's wealth balloons to Rp 159.7 billion when totaling the reported assets of four people who, at one time, held political office in Banten. Seven others had not reported their wealth to the KPK.

The richest member of the family was Atut's daughter-in-law and South Tangerang mayor Airin, who reported Rp 103.9 billion in combined assets in 2010.

Rising poverty rates

Nationwide poverty figures declined slightly between Sept. 2012 and March 2013, but Banten bucked the trend, adding nearly 8,000 new residents to its poverty statistics. By March, the number of residents living on less than $2 a day in Banten reached 648,254, or 5.71 percent of the population.

Some ten percent of the province's population was unemployed, but the local government continued to receive some Rp 5 trillion in taxes, fines and fees.

The province's poverty rate still fell well below the national average of 11.37 percent, but those figures include provinces in poor eastern Indonesia. Money in Indonesia historically flowed to Java and the fact that a province that borders Jakarta, and districts that are some 90 kilometers from the skyscrapers of the capital, could be one of the poorest regions in the nation raised alarm.

Last year a Reuters photographer snapped a shot of children clinging on for life as they traversed a partially collapsed bridge in Lebak district. The photo series, which was printed in newspapers across the globe, highlighted the province's infrastructure failings.

Photographer Beawiharta wrote on the wire agency's blog that the kids walked slowly across the bridge, screaming as their feet slipped from the edge of the hanging structure.

"It was difficult to think that a day after taking pictures of middle class workers in the Indonesian capital, just three hours away from luxurious buildings, I found a group of students risking their lives to go to school," he wrote.

The Center of the Study of Law and Politics of Indonesia (PSHK) said the poverty in Banten was directly linked to mismanagement of public projects.

"Banten has no serious problems after it developed into an autonomous region," Ronald Rofiandri, advocacy director at PSHK, said. "There are no problems with the budget, the province is not lacking in resources either. The family's spokesman called the issues little more than growing pains.

"[Atut] said people should understand that Banten consists of eight districts and it is relatively new, just 13 years old," Fitron said. "Despite some of the problems, there are also success stories, mainly related to infrastructure development.

"We should objectively see the province's successes and failures. [But] regarding the bridges, Atut feels she's is still far from being a success [in developing that region]."

The Atut family dynasty

1. Andika Hazrumy, Atut's son, member of Banten Representative Council (DPD) 2009-2014, wealth reported in 2006 totaled Rp 19.6 billion.

2. Hikmat Tomet, Atut's husband, lawmaker from Golkar party 2009-2014, wealth reported in 2010 totaled Rp 33.8 billion.

3. Ade Rossi Chaerunnisa, Atut's daughter in law, member of Serang Legislatives Council (DPRD Banten), wealth not reported.

4. Ratu Tatu Chasanah, Atut's daughter, deputy mayor of Serang, 2010-2015, wealth not reported.

5. Airin Rachmy Diani, Atut's sister in law, South Tangerang Mayor, wealth reported in 2010 totaled Rp 103.9 billion.

6. Tubagus Haerul Jaman, Atut's brother, Serang mayor, wealth reported in 2008 totaled Rp 2.4 billion.

7. Ratu Lilis Karyawati, Atut's sister, member of Golkar Party Serang chapter (DPD Golkar Serang) 2009-2014, wealth not reported.

8. Aden Abdul Khaliq, Atut's brother in law, member of Banten Legislative Council, 2009-2014, wealth not reported

9. Heryani Yuhana, Atut's step mother, member of Banten Representatives Council, 2009-2014, wealth not reported.

10. Ratna Komalasari, Atut's step mother, member of Serang Legislative Council (DPRD Serang), 2009-2014, wealth not reported.

11. Ratu Ella Syatibi, Atut's cousin, member of Banten Legislative Council, 2009-2014, wealth not reported.

Groups launch fresh attack against MK

Jakarta Post - October 10, 2013

Jakarta – The legal fight challenging the appointment of Constitutional Court (MK) justice Patrialis Akbar has gained momentum following the arrest of the court's former chief justice, Akil Mochtar.

On Wednesday, a coalition of NGOs, including the Indonesian Legal Aid Institute Foundation (YLBHI), Indonesian Corruption Watch (ICW) and the Commission for Missing Persons and Victims of Violence (Kontras), submitted new evidence against Patrialis' appointment to the Jakarta State Administrative Court (PTUN).

The coalition said that Patrialis' appointment was illegal because the nomination process was opaque and shut out the public. The coalition submitted 30 new pieces of evidence to the panel of judges during the court hearing on Wednesday.

"Of the 30, two constitute primary evidence, which are videos. We have requested the panel of judges play the videos in the next session [Oct. 16]," YLBHI director of legal advocacy and campaigns Bahrain said.

Bahrain said that the first video contained a statement from Law and Human Rights Minister Amir Syamsuddin, who said that Patrialis had not been subjected to a fit-and-proper test, as he should have been. In the video, Amir said Patrialis had only been vetted by an "internal mechanism".

The statement contradicted that previously made by Patrialis, who said he had undergone a fit-and-proper test at the State Palace. The second video submitted for evidence depicted the government conducting a transparent process to select Constitutional Court justices in 2008 – a process that was not replicated in Patrialis' case.

Bahrain said that Patrialis' appointment had violated Article 19 of Law No. 24/2003 on the Constitutional Court, which stipulated that the names of Constitutional Court justice candidates should be made public to allow the public to monitor the process.

President Susilo Bambang Yudhoyono, who made the appointment, inaugurated Patrialis as a Constitutional Court justice on Aug. 13. Patrialis had previously been dismissed from his position as law and human rights minister in a Cabinet reshuffle in 2011.

Akil replaced former justice Achmad Sodiki, whose tenure ended on Aug. 15. The coalition filed the lawsuit challenging the appointment on Aug. 12. Patrialis' lawyer, Ainul Syamsu, doubted if the plaintiffs had any legal standing to challenge his client's appointment.

"Our main concern is over the fact that the appointment did not bring any negative impacts on the plaintiffs, so why are they filing a lawsuit? We would understand if other court justices were the ones filing the suit because the appointment affects them, but not one of them has raised any concerns," Ainul said, adding that the appointment was the President's prerogative.

He denied the allegation that public participation was absent from the appointment process. "The appointment was supported by a number of social organizations and politicians. Of course, dissenting opinions are a normal part of this kind of thing." (hrl)

Future of Constitutional Court questioned

Jakarta Globe - October 9, 2013

Markus Junianto Sihaloho – Last week's arrest of Akil Mochtar, the chief justice of the Constitutional Court, for bribery allegations has prompted calls to limit the court's authority, including proposals to disband the institution.

"The way I see it the most important thing is to revoke the Constitutional Court's authority to handle regional election disputes," Pramono Anung, a deputy speaker of the House of Representatives, said in Jakarta on Tuesday.

Pramono said the law authorizing the Constitutional Court to handle regional election disputes would only drive more judges into taking bribes from poll candidates seeking favorable rulings.

The sentiment was echoed by Fahri Hamzah, a member of House Commission III, overseeing legal affairs. Fahri said the Constitutional Court's authority should be limited to handling disputes related to the presidential election and national legislative election, and reviews of laws deemed unconstitutional.

Pramono said that despite the recent scandal involving Akil, calls to disband the Constitutional Court were unnecessary and excessive.

"There is no need to disband the Constitutional Court, but we can strip its authority with regard to politically motivated cases," he said. "If we do that, we will be able to reveal who else is involved besides Akil, because in corruption cases it is very rare that people act alone."

Pramono also extended his support to stripping the court of its authority to settle regional election disputes, saying they were all heavily steeped in politics.

"Currently, the Constitutional Court has demigod powers, so it would be better to return the authority of handling regional election disputes to the Supreme Court," he said.

Unlimited authority

Sidarto Danusubroto, the speaker of the People's Consultative Assembly (MPR), said the Constitutional Court had been granted excessively powerful authority.

The institution, he said, is authorized to conduct judicial reviews for every law passed by the House, yet fell outside the scope of any external monitoring. "We should have known that someone [from the court] would slip at any moment," Sidarto said on Monday.

He said the MPR had previously proposed limiting the Constitutional Court's powers by scaling back its authority to conduct judicial reviews. "We can't let all the final decisions regarding judicial reviews be decided by the Constitutional Court," he said.

Sidarto said the authority to conduct the judicial review should be shared with the House, which drafts and passes all national legislation. "So there should be a legislative review before a judicial review can be conducted," he said.

Sidarto also said that the Constitutional Court's power to handle regional election disputes had not always been used positive. He said there were many losing candidates using various loopholes to report their political opponents to the court to challenge their victory. "We know sometimes they challenge their opponents' victory just so they can have bargaining power," he said.

Yusril Ihza Mahendra, a former justice minister and state administrative law expert, said a regulation in lieu of law, or perppu, currently being drafted by the government to propose that the authority to settle regional election disputes be returned to the Supreme Court could be used in an effort to save the Constitutional Court's tainted reputation.

Yusril said regional election disputes wasted a lot resources, time and money for the Constitutional Court, and at the same time opened opportunities for the justices to engage in bribery and corruption.

"Akil's case should serve as an example," he said. Akil was arrested last Wednesday by the Corruption Eradication Commission (KPK) for suspected bribery. When the KPK searched his offices in the Constitutional Court, they found two methamphetamine pills and four marijuana joints.

The National Narcotics Agency (BNN) said on Tuesday that it was not certain whether the drugs belonged to Akil.

Akil stands accused of taking bribes in connection with at least two regional election disputes being heard at the court. The elections in question are the Sept. 4 poll for district head in Central Kalimantan's Gunung Mas district, and the Aug. 31 ballot for district head in Lebak, Banten.

Yusril said the new regulation should clearly mention that regional election disputes should be tried by provincial high courts and the Supreme Court in an open trial to enable the public to monitor the development of the case.

Yusril said Akil's arrest should motivate President Susilo Bambang Yudhoyono to accelerate the issuance of the new regulation to restore public trust in the Constitutional Court.

Recommendations

In the future, Yusril said, if anyone challenged the regulation, the Constitutional Court should not be allowed to handle the judicial review.

Former vice president Jusuf Kalla also called for a limitation on the Constitutional Court's powers by authorizing high courts to hear regional election disputes.

"The Constitutional Court's power is too much," he said. "Handling regional election disputes is unnecessary for them."

Kalla said the court should be focusing on managing law judicial reviews. He said regional election disputes would only distract the court because there were more than 500 elections in Indonesia every five years, and in more than 90 percent of them the losing candidates always challenged their opponents' victory to the Constitutional Court.

"Every year they have to settle at least 100 disputes, so how are they going to handle judicial reviews? They will work recklessly, and in the end the practice will only create case brokers," he said.

Akil's case is made more controversial because the Constitutional Court decided in 2006 to remove the power of the Judicial Commission, which monitors the nation's courts, to investigate its judges.

Judicial Commission spokesman Asep Rahmat Fajar told the Jakarta Globe that any decision made before Akil was arrested could not be questioned because the Constitutional Court's decisions were final and binding.

Asep admitted that there was no guarantee that with the Judicial Commission's supervision such an incident would not happen again. However, he said, with the commission's supervision, it would be less likely to happen again.

Prior to his arrest, Akil had criticized the Judicial Commission's request to be granted the authority to monitor the constitutional justices. Akil said the constitutional justices' performance was excellent and therefore monitoring by the Judicial Commission was unnecessary.

"It is a fact that even though our judges are not being monitored by the Judicial Commission, their performance is still excellent. The institution is still very much trusted by the public, so why bother monitoring the constitutional judges? Better spend the energy monitoring other judges so they won't slip," Akil told Kompas.com.

Now Mahfud implicated in Constitutional Court graft

Jakarta Post - October 8, 2013

Hans Nicholas Jong, Jakarta – Former Constitutional Court chief justice Mahfud MD has denied all the bribery allegations leveled against him following the arrest of another former chief justice, Akil Mochtar, last week.

Mahfud went to the Corruption Eradication Commission (KPK) on Monday to give evidence to support his claim that he had not accepted bribes during his tenure as chief justice between 2008 and 2013.

"For all Indonesians who feel they paid money to me when I was the court's chief justice, just tell me. I will repay them twice [the amount of the bribes] and ask to be detained," he told a press conference at the KPK headquarters in Kuningan, South Jakarta.

Mahfud, who is currently a member of the court's honorary council tasked with Akil's sanction, also said his visit to the KPK was to discuss details on possible cooperation between the two institutions.

"I was discussing the possibility of a collaboration between the Constitutional Court and the KPK because Akil was detained by the KPK," he said. "That's why we need to coordinate to avoid disrupting [the KPK's investigation]."

At the press briefing, Mahfud also denied an allegation from Irwan H. Daulay, a former candidate in the local election in Mandailing Natal regency, North Sumatra. Daulay reportedly filed a complaint to the KPK in 2010, accusing Mahfud of accepting bribes from incumbent Mandailing Natal regent Hidayat Batubara.

The bribe was allegedly paid in an effort to convince Mahfud to not disqualify Hidayat despite the court finding the local election to be riddled with irregularities. "It turned out that there was no report. The person who said that was lying," he said. "If it's true that someone gave me Rp 3 billion [US$261,000], then right now I will repay him Rp 6 billion."

Others also allege Mahfud accepted Rp 4 billion in bribes in relation to Waringin Barat local election lawsuit in Central Kalimantan in 2011. The money was allegedly delivered to Mahfud through three Muslim clerics in Cirebon, West Java.

Mahfud once again denied the allegations and pledged he would be willing to cut his own fingers and neck should he be found guilty.

When asked about the fate of Akil, Mahfud said that the ethics council would hold its first meeting next week and it would take less than two months to decide on the most appropriate punishment for Akil.

Akil was arrested and named a suspect by KPK investigators last week after allegedly taking a bribe from Golkar lawmaker Chairun Nisa from the House of Representatives' Commission II overseeing regional autonomy and a businessman named Cornelius Nalau.

The alleged bribe was for Akil to deliver a verdict in favor of Hambit Bintih, the regent of Gunung Mas, Central Kalimantan, whose electoral- dispute case is currently being tried at the court.

The KPK also named Akil a suspect in another case on the Lebak elections legal dispute the next day. He was accused of taking Rp 1 billion (US$87,000) in bribes from businessman Tubagus Chaeri Wardana, the sibling of Banten Governor Ratu Atut Chosiyah, also a Golkar politician, through a lawyer, Susi Tur Andayani.

The KPK also announced that investigators had found illegal drugs, including four marijuana joints and crystal methamphetamine, inside Akil's office during their search last week.

KPK spokesperson Johan Budi said that the antigraft body's investigators had obtained CCTV footage from the Redtop Hotel in Central Jakarta, where Hambit was arrested last week.

Separately, KPK chairman Abraham Samad said the KPK would investigate other justices implicated in the allegations. "We are digging deeper now. We are looking into the possibility of other justices being involved. We sense Akil did not act alone," he said.

[Andi Hajramurni contributed to this report from Makassar.]

Analysis & opinion

Abbott walking tricky tightrope on diplomacy

Sydney Morning Herald - October 15, 2013

Hugh White – Travelling abroad, Tony Abbott has been saying things very different from what we have heard from him in Australia. There are two ways to interpret this.

One is to praise him for suddenly becoming a statesman, putting the national interest over petty domestic politics. The other is to see him as weak, unprincipled and insincere. The first interpretation has prevailed among Australia's kind-hearted commentators. But our regional neighbours are not so generous and they will incline to the second interpretation. So Abbott's diplomacy is off to a shaky start.

Abbott has made two mistakes common among domestically oriented politicians when high office thrusts them into foreign affairs. One is to think that diplomacy means avoiding disagreements by saying what you think your interlocutor wants to hear. This gets you into trouble when different people want to hear different things. This was Julia Gillard's problem.

Abbott needs to explain to Australians at length and in detail why he believes West Papuans 'can have the best possible life' as part of Indonesia.

The other mistake is to think that what you say at home is not heard abroad and what you say abroad is not heard at home. John Howard made this mistake when he assumed no one in Asia heard or cared what he said about Pauline Hanson. He could not have been more wrong. His response to Hanson's views is remembered in Asia long after Hanson has been forgotten here.

Abbott's problems began in Jakarta. He set out to charm and soothe by conspicuously softening the hard line on "stopping the boats" so central to his domestic agenda. He even apologised for the way the issue had been handled. He also talked up Indonesia's rise and its importance to Australia, acknowledging "it probably won't be very long before Indonesia's total GDP dwarfs ours".

But most significantly, Abbott went further than his predecessors to promise "total respect for Indonesia's sovereignty, total respect for Indonesia's territorial integrity". He undertook to do everything possible to discourage and prevent Australia being used "as a platform for grandstanding" on the issue of West Papua. He even said he admired and respected Indonesia's policies in West Papua, which none of his predecessors have done.

These words are ultimately much more important than anything said about people smuggling because they touch on the issue that more than any other threatens Australia's relationship with our strongest neighbour. President Susilo Bambang Yudhoyono has told our Parliament why Indonesians suspect Australia of fomenting separatism in West Papua and how much they resent it. If his Indonesian hosts believe Abbott, his bold words will do a great deal to lay the foundation for a good relationship as Indonesia becomes more and more important to us. But do they and should they? No one in Jakarta forgets how Canberra turned on Indonesia in 1999 and, as they see it, set out to humiliate them over East Timor.

They well remember how Abbott's mentor Howard so readily caved in to domestic pressure to put "Australia's values" above the bilateral relationship. And they will wonder whether Abbott would do the same if a few seconds of horrific video from West Papua again inflames Australian opinion about what is happening there. So it is far too early to say that Abbott has won anyone's trust in Indonesia. On the contrary, his easy apologies and extravagant promises have raised real doubts about his sincerity. To dispel those doubts he needs to repeat here at home what he said in Jakarta. He needs to explain to Australians at length and in detail why he believes West Papuans "can have the best possible life" as part of Indonesia, and take on the many critics who will disagree. Only when Abbott does this will Indonesians start to believe what he said to them in Jakarta and will he start to build any credibility there.

After Jakarta Abbott went on to Bali and Brunei for his first regional summits, where his meetings with the leaders of China and Japan brought him face to face with Asia's most dangerous rivalries. Most significant here was his warmth towards Japan, which taps into Abbott's conservative instincts. He praised Japan as a democracy, invited Prime Minister Shinzo Abe to address our Parliament and undertook to visit Tokyo before Beijing. Everything Abbott said about Japan is true, but that does not mean he is wise to say it. Like Gillard, Abbott seems determined to ignore the intense strategic confrontation today between Japan and China. This is a huge mistake, because their rivalry is increasingly zero-sum. The stakes are high, because their dispute is not about a few uninhabited rocks in the East China Sea. It is about the future of their whole relationship as China's power grows.

If Abbott swings Japan's way, as he clearly wants to, China will punish him. Beijing has already fired a warning shot, objecting to the statement from a US-Japan-Australia foreign ministers' meeting last week. If Abbott goes further with Tokyo, China will step up the pressure.

The free trade agreement to which Abbott has committed himself might be a casualty. A freeze on ministerial visits could follow. If Abbott is not willing to resist such pressure, he'd better start choosing his words about Japan much more carefully. Otherwise he's heading for a humiliating backdown. In Washington, Beijing and Tokyo they'll be watching to see what kind of a statesman he proves to be. Welcome to the Asian Century, Mr Abbott, where foreign policy is getting much harder. Two bits of advice about how to survive it. Don't say anything abroad you are not willing to say, and defend, at home. And don't say anything to one great power you are not willing to say to any of the others.

[Hugh White is professor of strategic studies at ANU.]

'Strong ties' with Indonesia should mean ending human rights abuses

The Guardian - October 14, 2013

Elaine Pearson – Indonesia is an early test for of the new Australian government's foreign policy. The Australian media largely hailed Abbott's first foreign visit to Jakarta as a success. The trip focused on trade and cooperation on people smuggling. Instead of any public discussion of human rights concerns in Indonesia, Abbott did his utmost to avoid stepping on any Indonesian toes – which is regarded as success in some quarters of the Australian government.

But Abbott was able to dodge Indonesia's human rights problems only temporarily. On 6 October, three Papuans crashed the Asia Pacific Economic Cooperation (APEC) Summit party by scaling the Australian Consulate's fence in Bali and presenting a letter urging APEC leaders to pressure the Indonesian government to open Papua to foreign media and to free Papuan political prisoners.

Abbott's response to this desperate act by three Papuans was immediate condemnation, rather than any attempt at understanding the concerns the Papuans were raising. Abbott decried "people seeking to grandstand against Indonesia; please don't look to do it in Australia. You are not welcome." Abbott also went out of his way to reaffirm "Australia's absolute respect for the territorial integrity of Indonesia" saying "while I acknowledge the right of people to free expression, I acknowledge the right of people to fair treatment under the law, I should also make the point that the people of West Papua are much better off as part of a strong, dynamic and increasingly prosperous Indonesia."

The acknowledgment of rights was important, but Abbott's reference to territorial integrity said more about his politics than about the Papuans. In fact, the Papuans demonstrating at the consulate were not armed, were not separatist supporters, and were not even advocating Papua's independence. Nor were they seeking asylum in Australia. They were simply making a plea for foreign journalists to be able to visit Papua, and for the release of Papuans imprisoned for nonviolent activities such as raising flags or making controversial speeches. Abbott demonstrated an unnerving indifference to the issues by appearing to conflate exposure of Indonesian human rights violations with separatism. This is precisely the mistake Indonesia keeps making, and, to say the least, it is not helping ease tensions in Papua.

There is a large military presence in the region facing the Free Papua Movement (Organisasi Papua Merdeka, OPM), a small separatist armed group active since the 1960s. Government security forces deployed to Papua have frequently been implicated in abuses including excessive use of force against peaceful demonstrators, arbitrary arrest and detention, torture, extrajudicial killings and enforced disappearances. Those who criticise the authorities or investigate human rights abuses are often subjected to surveillance, harassment, and are prone to being labelled separatists.

Two years ago, Human Rights Watch disclosed secret Indonesian military documents that showed how the focus of Indonesian military operations in Papua goes far beyond the OPM rebels and includes surveillance of a broad swathe of Papuan political, traditional, and religious leaders and civil society groups. It is convenient for the Indonesian military to link human rights advocacy and separatism as it enables them to arrest and detain peaceful activists. But the Australian government should know better than to simply repeat such assertions. Doing so puts Papuan activists even further at risk.

Rather than simply seeking to pander to the Indonesian government, Abbott should examine the merits of the arguments raised by the Papuans. Thousands of foreign journalists attended the APEC summit, yet a decades-old restriction effectively prohibits them from visiting this troubled province. On 9 October, the governor of Papua, Lukas Enembe, claimed that the province was now open to journalists and human rights monitors. While this change of heart is welcome, the central government in Jakarta has said that permission is still requiredfrom the department of foreign affairs.

The relationship between Australia and Indonesia is complex, but both countries are democracies and democracies should uphold the right to peaceful expression. Abbott claims that "the situation in West Papua is getting better, not worse." If it is better, then why doesn't Jakarta lift the restriction on foreign journalists and free those who are imprisoned for peacefully expressing their views.

Australia needs to get the message to Indonesia that "maintaining strong ties" means ending human rights abuses in Papua.

The DPR's haj group

Jakarta Post - October 12, 2013

Republika, Jakarta – It was distressing to witness the departure of members of the House of Representatives (DPR) on a haj pilgrimage this year. There were 105 people in total, which is a high number, but one should be curious about the specific roles of each member of the group.

Out of the 105, only 22 were legislators, the rest of them were categorized as "an excursion group" comprising attendants, secretariat staffers and experts. In fact, the aim of the visit to the Holy Land by lawmakers during this haj season is to monitor services for Indonesian pilgrims.

This raises the question; While the 22 legislators are tasked with monitoring, what are the duties of the remaining 83 members of the group? Do they share the responsibility of the lawmakers or are they just on a tour paid by the state?

House Commission VIII chairperson Ida Fauziyah said the legislators had left for Saudi Arabia to carry out the state duty of monitoring the arrangements of the haj pilgrimage.

Whatever the reason, the case remains a disgrace due to the exploitation of a slim opportunity. Millions of Indonesians wishing to go on a haj pilgrimage are unable to realize their dream because of the limited quota.

Nobody knows the motive of each of the legislators and the rest of the entourage. But the misuse of state facilities under the auspices of a religious pilgrimage is indeed a disgrace. It is self-deception and at the same time deceiving the Indonesian people.

West Papua: Things are not getting 'better' for us

The Guardian (Australia) - October 11, 2013

Benny Wanda – Ever since West Papua was annexed and colonised by Indonesia in 1969 through a referendum ironically called the Act of Free Choice (we call it the Act of No Choice), my people have endured nothing but violence, hardship and human rights abuse.

Maybe Australia's prime minister Tony Abbott would then care to explain how things in West Papua are "better, not worse", as he recently stated? Is it possible to have a better state of colonialism? Has Indonesia created a better state of fear? Better forms of intimidation? Better ways to suppress free speech?

If the situation is indeed getting better, why is it that the Indonesian government imposed a ban on international media and human rights groups from entering the region – which the West Papua governor said was lifted only yesterday? Surely if there was nothing to hide, it would be in their interests to open the gates and let observers in. The truth is that they are desperate to hide the reality of life there, less than 200km north of Australia's shores.

Few Papuans manage to get out of West Papua alive to share their story. I fled in 2002 after being put on trial for a crime I did not commit because of my political opinions and leadership, and was granted political asylum in the UK. Two years ago, the Indonesian government issued an Interpol red notice in an attempt to stop my international campaign to bring self- determination to my people. With the support of my legal team I successfully had the notice removed: Interpol recognised Indonesia was abusing its notice system to extend their political persecution of Papuans outside of West Papua and across international borders.

I travel the world raising awareness about my people's suffering and their struggle for freedom. People often ask what inspired me to devote my life to do this. I can only speak from my own experiences: how as a five year old boy I was forced by the Indonesian military to watch the rape of my three aunties, how throughout my student life I was subject to degrading levels of racism and discrimination by an occupying regime that continues to regard Papuans as backward, primitive, and sub-human.

My experience is not unique, and I am not on a quest for revenge. I have always and will continue to advocate for a peaceful solution to this decades-long conflict.

Human rights groups estimate that over 500,000 people have been killed by the Indonesian military in operations since the 1960s. Just last month, Indonesian police opened fire on unarmed Papuan civilians in a market, killing one and injuring two others because they refused to cut their hair. Is this what Abbott would call "getting better"?

In West Papua there is no political freedom. No basic human freedoms. In some cases we are even restricted in freedom of movement – in our own land. There are currently 57 Papuan political prisoners serving lengthy prison sentences for the "crime" of daring to speak out against Indonesian rule. The most high profile case, Filep Karma, has been nominated for the 2013 Nobel Peace Prize. He is serving a 15 year sentence for taking part in a peaceful flag-raising ceremony in 2004.

If West Papuans were free to express themselves as they wished, they would demand the restoration of our sovereignty. If Indonesia allowed freedom of expression, then there would be Morning Star flags flying in every garden. If Indonesia was a real democracy, then there would be no political prisoners.

West Papuans remain the poorest people in all of Indonesia, despite having the greatest abundance of natural resources. Abbott is correct to state that Indonesia is becoming "increasingly prosperous". They are prospering from the gold, oil and timber that they are stealing from us and our land. Abbott also says that he will not allow Australia "to give people a platform to grandstand against Indonesia".

Is he suggesting he intends to curtail freedom of speech laws in Australia to keep Indonesia happy? That makes for uncomfortable reading for the Australian public, if this is indeed the direction he plans to take their country. Will he also prevent Moana Carcasses Kalosil, the prime minister of Vanuatu, from visiting Australia now too? Just last week, Kalosil gave a speech to the General Assembly at the UN, urging action "on the genocide being committed in West Papua".

During the second world war, the Fuzzy Wuzzy Angels of West Papua famously came to the aid of Australian military personnel, carrying the wounded on their backs and providing the hungry with food. Now it is the West Papuans that need Australia's help. This is our hour of need. Recent events in Bali show that the issue of West Papua cannot be swept under the carpet and ignored. I always tell people that Australia is our big brother in Melanesia. It is time Australia took a stand for us.

Munir: No closure

Jakarta Post Editorial - October 10, 2013

The final verdict on the murder of human rights activist Munir Said Thalib, announced on Monday, was not just another puzzling note in our history. This case had after all caused President Susilo Bambang Yudhoyono to shed many a tear in front of Munir's widow, Suciwati.

Though the verdict is in, the assassination of the nation's leading human rights defender remains unresolved, and not just because the Supreme Court reduced the sentence for the lone defendant, pilot Pollycarpus Budihari Prijanto, from 20 years to 14 because of "lack of evidence".

In a rare instance, the Supreme Court overturned its own decision, following a judicial review request filed by Pollycarpus in 2011, though two out of five justices dissented. The assenting justices said prosecutors had failed to prove that Pollycarpus had been following orders from the National Intelligence Agency (BIN).

The agency's deputy chief, Maj. Gen. (ret) Muchdi Purwopranjono, had earlier been cleared of charges that he ordered Pollycarpus to kill Munir, an outspoken critic of alleged atrocities committed by the Indonesian Military (TNI).

If Muchdi, a former elite Army Special Forces (Kopassus) commander, was cleared, and we don't know for sure if Pollycarpus was actually working for BIN, then we are back to zero. If this case can't be solved, then thousands of others waiting for answers on missing relatives or friends who died in unclear circumstances have reason to give up hope.

Munir led investigations into many such cases, so his murder was a true test of whether Indonesia, the world's third largest democracy and a leading proponent of ASEAN's human rights charter, could put a dent in the apparent impunity of national security forces by bringing his killer to justice.

But if Pollycarpus' links to BIN are unproven, it remains a mystery why some random pilot detested Munir so much that he allegedly poisoned his drink, causing Munir's death on Sept. 7, 2004, aboard a Garuda Indonesia flight to Amsterdam.

Questions still also remain regarding the telephone records between the mobile numbers of Pollycarpus and Muchdi. These records were not sufficiently examined by prosecutors in the courtroom, which severely weakened their case. This of course begs the question: Did the prosecutors intentionally build a weak case? And why were apparent amateurs assigned to prosecute such a high-profile case?

Similar questions are common in unsettled cases of our recent past – loose ends that birth suspicions about the integrity of the entire judiciary, which has allowed murderers to get off scot-free. It remains a chilling issue, 15 years after the reform movement forced long-time ruler Soeharto to quit the presidency.

President Yudhoyono did not follow up on recommendations made by his fact- finding team on the Munir case, including a suggestion to further investigate BIN itself. Whether we can move forward under Yudhoyono's leadership will depend on the resolution of the several other open human rights cases in the country. Without meaningful efforts and results, we will continue to be mired in a legacy of protecting murderers and silencing criticism.

Embrace Indonesia, but reject abuses

Melbourne Age Editorial - October 8, 2013

If Australia wants a fair and open relationship with Indonesia, as it should, and if Indonesia seeks the same of this nation, then it is incumbent on both countries to keep a firm eye on the issues that matter to their respective peoples.

Trade and investment should be ranked highly, being necessary engines for stronger economies, but without proper attention to human rights considerations we risk indulging each other with false smiles.

The Age is concerned about the treatment the Prime Minister, Tony Abbott, has indicated his government will afford to anyone protesting about conditions in the provinces of West Papua. Mr Abbott has said his government takes "a very dim view indeed of anyone seeking to use our country as a platform for grandstanding against Indonesia [and] we will do everything that we possibly can to discourage this and to prevent this". He says that "on the subject of sovereignty, we're fair dinkum about doing what we can to help Indonesia in every way".

Mr Abbott seems to think, wrongly, that his government is obliged to stifle dissent against a friendly neighbour. He is overreaching on this, and unnecessarily so. It is up to Indonesia to deal with political dissent within its borders, but when its response involves human rights abuses – as has occurred too often in Papua and West Papua – Australia should be strong enough to voice its objection and not pass it over as none of our business. Human rights are an international responsibility. If the Abbott government believes it should remain officially silent on such matters, then it surrenders any right to impose silence on others who do protest.

Successive Australian governments have ignored evidence of human rights abuses in Indonesia, to our shame. Yet a stock check of violence wrought by Indonesian forces on political protesters in West Papua includes multiple shootings, torture, disappearances and detention. Rarely is there any official investigation, let alone accountability.

Indonesia deserves credit for its substantial reforms of recent years, but we cannot measure respect for human rights in relative terms. If Indonesia falls short of our standards, it fails to meet world standards. When we agree to shut down political dissent, we risk being complicit in whatever else might follow.

Political amnesia and the roots of the MK scandal

Jakarta Post - October 8, 2013

Ary Hermawan, Jakarta – Why are we surprised? The fact that our judiciary is riddled with corruption is a foregone conclusion. The recent arrest of Constitutional Court's (MK) Chief Justice Akil Mochtar on corruption charges was shocking, but it was in fact something that we had known (or hoped) would happen sooner or later.

I am not saying that Akil – a former Golkar Party lawmaker – has always been notoriously corrupt. He is, constitutionally, innocent until proven otherwise. But we know for sure that there is something wrong with our judicial system, for it allows corruption to flourish.

Akil's arrest last week on suspicion that he took bribes to rig the results of two regional elections in Banten and South Kalimantan did nothing but confirm our long-held belief.

The only surprise about the great Akil saga is the political amnesia of former Constitutional Court chiefs and all the politicians who joined the chorus of condemnation against the disgraced justice. His tragic fall from grace has so predictably created a perfect political juncture for attention-seeking politicians ahead of the 2014 general election. We should know that judicial graft is systemic and Akil is most likely not a black sheep.

Former Constitutional Court chiefs Jimly Asshiddiqie and Mahfud MD were the first to lash out at Akil, with Jimly suggesting that his successor at the court be given the death sentence for tearing the court's credibility into pieces.

The only problem is that Jimly could be the person to blame for paving the way for graft in the court in the first place, by issuing in 2006 a controversial ruling curtailing the Judicial Commission (KY)'s power to oversee Constitutional Court and Supreme Court justices.

Jimly then presided over the trial of a judicial review request against the 2003 Judicial Commission Law filed by a dozen of the Supreme Court justices who sought to scrap the commission's authority to oversee them. The Constitutional Court granted the justices' request and also ruled, without being requested (also known as an ultra petita ruling), that Constitutional Court justices were not subject to Judicial Commission supervision. Jimly argued that the Supreme Court's and Constitutional Court's rulings are final and binding, and that no institution should examine them to avoid legal uncertainty.

The ruling practically gave the Constitutional Court absolute judicial power. It did not take long for the court, which was established in October 2003, to face graft allegations after it began in the 2008 adjudicating local election disputes, which were previously handled by the Supreme Court.

Under Mahfud's leadership, the Constitutional Court was hit by two major graft scandals implicating justices Arsyad Sanusi and Akil. Arsyad resigned after being found guilty of an ethics breach, while Akil was cleared by an internal ethics committee. Despite the scandals, Constitutional Court justices continued to work without external oversight.

The lawmakers have also been loud in blasting Akil. Democratic Party lawmaker I Gede Pasek Suardika, for instance, claimed that the House of Representatives had heard about the graft allegations against Akil since 2010. Ironically, Akil, who served as a lawmaker from 1999 to 2008, was fully endorsed by the House anyway.

Even the House allowed Akil to extend his term last April without having to undergo a screening test to ensure that his integrity was uncompromised The House's Commission III overseeing legal affairs, of which Akil was once a deputy chairman, then praised the 52-year-old justice, calling him an "old friend".

Meanwhile, President Susilo Bambang Yudhoyono said that he was deeply concerned by the bribery case, calling Akil's arrest a "political tragedy". He said that the government would issue a regulation in lieu of law, or Perppu, to improve the mechanism to select justices, which he said was flawed, pointing to the fact that politics often interfere in the process.

That is a commendable move, but we shall not forget that it was the President himself who blatantly disregarded a proper selection process when he appointed former law and human rights minister and former National Mandate Party (PAN) politician, Patrialis Akbar, as Constitutional Court justice.

Patrialis' appointment was seen as problematic in so many ways. He is first of all a politician. The selection process to pick him was not transparent and it was bizarre for the President to nominate his former law minister whom he had fired in 2011 for such an important post.

Yudhoyono, however, turned a deaf ear to his critics, who accused of him breaching the law, and inaugurated Patrialis anyway. In what could only be seen as a publicity stunt, Patrialis was the only Constitutional Court justice who came to the Corruption Eradication Commission (KPK) when the agency announced Akil's arrest.

Regardless of whether the politicians are using Akil's misfortune for their own political gains, the House's and the government's plan to reform the Constitutional Court, including the reinstatement of the Judicial's power to oversee the court Commission's, should be welcomed by all.

The Constitutional Court is an important institution for our democracy, without which the public would not be able to fight for their constitutional rights. The court will also play a crucial role as the final adjudicator of electoral disputes after the general election next year. It is critical that civil society groups are involved in the making of new legislation to reform the court.

We cannot afford to let it be controlled by politically wired justices that will again compromise its integrity for their personal interests. We are hoping the Akil saga will trigger real reform efforts and will not just be a stage for amnesia and attention-seeking politicians to bash Akil.