Jakarta – Outgoing President Susilo Bambang Yudhoyono delivered the final state of the nation address of his 10-year tenure on Friday, thanking the electorate for its "support" and painting a picture of Indonesia's transformation during his decade in the State Palace.

"On behalf of myself and my family I want to convey my gratitude and sincere appreciation to the government and all Indonesians for your support and participation in achieving the development agenda over the past 10 years," Yudhoyono said during his speech to mark the 69th anniversary of Indonesian independence.

He especially mentioned public servants working in the far-flung corners of the archipelago, from dusty frontier towns to remote jungle encampments. "Thank you for your dedication, which has been above and beyond the call of duty," Yudhoyono said.

The president reminded all members of society to protect the state ideology of Pancasila, the unity in diversity principle and the country's character.

"We have to protect our Indonesian [character]. Our struggle in the 21st century is no longer to maintain independence but to maintain our Indonesian [character]," he said.

Yudhoyono said it was of little use for Indonesia to grow into a prosperous and modern country if it were to lose its most fundamental characteristics.

He said the country's founders fought for independence until their last drops of blood and therefore it's the responsibility of the next generation to protect the nation's character.

Economic growth

Yudhoyono has overseen an almost-fourfold increase in the size of the country's economy, in dollar terms, during his decade in power, with gross domestic product in 2013 recorded at $868 billion, according to World Bank data.

The president indicated that the government expects to see tax revenues grow by 10 percent to Rp 1,370.8 trillion ($117 billion) next year compared to this year. "Such a big amount of total tax revenue will bring the tax ratio to 12.32 percent in 2015," he said.

The president said such a tax ratio took into consideration the projection that growth in the regional tax and natural resources income will reach 15.62 percent.

The government also intended to optimize tax revenues through implementation of various tax incentives, including increasing non-tax revenues, tax holidays and tax allowances in order to stimulate growth in strategic sectors to optimize the economic value.

"In line with the efforts to optimize tax revenues, steps are needed in 2015 to optimize non-tax revenues, especially from natural resources by meeting the production target, [improving] management transparency and production efficiency," the president said.

Yudhoyono said that while most Indonesians in the past were unable to read and write, the country's education system was made up of 200,000 schools, 3 million teachers and 50 million students.

The country, he said, had grown into a middle-income nation ranked as the 16th-largest economy in the world, and part of the top 10 based on purchasing power parity, which is based on the relative value of different currencies.

"After being an independent nation for almost seven decades, in this 21st century, Indonesia has become a united country that is peaceful and prosperous," he said.

Trade in the past decade reached $400 billion, while total investment, both from domestic and foreign investors, reached Rp 2,296 trillion in the same timeframe.

The nation's annual per capita income has also increased three-and-a-half- fold from Rp 10.5 million in 2004 to Rp 36.6 million in 2013. "The next government has to further enhance Indonesia's development," he said.

Yudhoyono said the government has also launched programs aimed at improving the welfare of the Indonesian people and to reduce poverty. One of these is the National Program for Community Empowerment (PNPM), which has benefited more than 60 million lives.

The government has also increased the number of people's credit banks from merely six to 33. The banks have disbursed micro-credit of up to Rp 150 trillion to around 11 million recipients in the past seven years.

Yudhoyono cited poverty eradication, better education quality and creating job opportunities as the next government's major challenges, saying that around 49 percent of the workforce still has a low educational background.

Democracy

Yudhoyono also pointed to the country's successful record on holding elections. He said his administration had been a thorn in the side of corrupt officials – with some 277 public officials having been forced out by the Corruption Eradication Commission (KPK).

The president ended his speech on an optimistic note, reminding the public of how far the country had come in its democratization drive, and of the importance of ensuring that the process continued.

"Let's all work together to guard the 2014 election process so that it stays peaceful and constitutional, just like the previous election," Yudhoyono said. "The 2014 election is not merely the fight of the elites."

Around 135 million Indonesians went to the polls in last month's vote, which the General Elections Commission (KPU) said was won by Jakarta Governor Joko Widodo. Rival candidate Prabowo Subianto contested the outcome, with the Constitutional Court (MK) expected to rule on the result by Aug. 22 and police prepared for possible street protests in the world's third-largest democracy.

The president has previously warned the political situation could "boil" should the losing candidate refuse to accept defeat. Yudhoyono said he would support the incoming president.

"We have to guard this process with peace," Yudhoyono said in the annual address, two days ahead of Independence Day on Sunday. "Political democracy has been developing well. In 15 years there have been four elections. And all went well, in peace."

Yudhoyono will hand over the baton to Joko in October. During Yudhoyono's tenure Indonesia sovereign credit rating returned to investment grade through political stability and debt reduction.

Ensuring a peaceful transfer of power is crucial for Indonesia as it seeks to assure investors the nation's closest-fought election in more than a decade won't erode economic progress.

Joko, also known as Jokowi, will inherit an economy that grew in the second quarter at its slowest pace since 2009. Southeast Asia's largest economy grew at an average 5.9 percent from 2009 to 2013, and the government has cut its debt-to-GDP ratio to 23 percent, Yudhoyono said.

The country's wealth gap has widened, challenging Yudhoyono's goal of reducing poverty before he steps down and boosting the popularity of Joko, who ran on a platform of concern for common people in the world's fourth most populous nation. Still, the country's Gini coefficient, a measure of income inequality, widened to 0.41 in 2012 from 0.35 in 2005, the year after Yudhoyono became president, according to the World Bank.

[Additional reporting from Bloomberg.]

Source: http://www.thejakartaglobe.com/news/yudhoyono-delivers-swan-song-house-ahead-independence-day/

SBY's flopped albums bailed out by state budget: Politician

Jakarta Post - August 15, 2014

Jakarta – Golkar Party politician M. Misbakhun, who is slated to be sworn in as a legislator in October, alleged on Friday that State Palace officials had used state funds to buy copies of President Susilo Bambang Yudhoyono's flopped albums.

Misbakhun said that he was suspicious about the exorbitant budget allocation for the upcoming celebration of the country's 69th Independence Day at the palace on Aug. 17.

"The Rp 11.3 billion [US$1.3 million] allocation for such a celebration is just too much and is a waste of the public's money," said Misbakhun, who was also among the initiators of a legislative investigation into the controversial Bank Century bailout.

"Apparently, there is also an allocation in the budget to buy SBY's books and albums that did not sell well on the market. These goods will be given out as souvenirs to participants attending the Independence Day celebration," he said.

Given the indications of budget abuse, Misbakhun urged the Corruption Eradication Commission (KPK) to probe the celebration spending.

Last week, Yudhoyono launched his fifth album, which included the song "Lonely night in Cipaganti" that he composed personally in tribute to his early relationship with First Lady Ani Yudhoyono.

Based on his 2011 tax return, submitted in 2012, Yudhoyono received Rp 107 million in royalties from his albums and books. Presidential spokesman Julian Aldrin Pasha could not be reached for comment. (ren)

Source: http://www.thejakartapost.com/news/2014/08/15/sbys-flopped-albums-bailed-out-state-budget-politician.html

SBY honors controversial aides

Jakarta Post - August 14, 2014

Ina Parlina, Jakarta – Among those to whom President Susilo Bambang Yudhoyono awarded the Bintang Mahaputera Adipradana medal on Wednesday, the nation's second-highest civilian honor, were several controversial bureaucrats who have often received public criticism.

Just months before leaving the State Palace, the President honored 38 figures, including 15 ministers and nine leaders of the House of Representatives and the People's Consultative Assembly (MPR), for their services to the state.

Among the privileged ministers were Communication and Information Technology Minister Tifatul Sembiring, who is notorious for his censorship policy and for the seemingly ignorant quips he makes on sensitive issues through his Twitter account.

Despite a rift between his party, the Prosperous Justice Party (PKS), and Yudhoyono's Democratic Party, Tifatul has managed to maintain his position throughout the President's second term.

Other PKS members, including former research and technology minister Suharna Surapranata, had been axed in 2011 in a Cabinet reshuffle that had been triggered by disputes in the House.

Yudhoyono also awarded the medal to Cooperatives and Small and Medium Enterprises Minister Syariefuddin "Syarief" Hasan, Democratic Party executive chairman who has spoken more frequently in public for his party, rather than for his ministry.

Syarief's son, Riefan Avran, is currently on trial for an alleged corruption case involving the procurement of large-screen televisions for multimedia digital advertising at his father's ministry.

The civilian awards are actually a part of the annual celebrations to mark Independence Day, which falls on Aug. 17.

The honor's selection committee has been known for giving medals to people who are close to Yudhoyono, including First Lady Ani Yudhoyono who once received the highest civilian honor, Bintang Republik Indonesia Adipradana, for being "very active in social affairs".

The committee did not hand out any Bintang Republik Indonesia Adipradana medals this year, or last year.

Other figures who have raised eyebrows for receiving medals of lesser rank than the Bintang Mahaputra Adipradana were South Sumatra Governor Alex Noerdin and Awang Farouk Ishak of East Kalimantan, both of whom have been connected to graft cases.

Alex, a politician with the Golkar Party, had been a witness in the high profile graft case centering on the construction of the athletes' village at the Southeast Asian (SEA) Games in Palembang, South Sumatra.

Awang was considered a graft suspect until the Attorney General's Office decided to drop its investigation into the case last year because of a lack of evidence.

Presidential spokesman Julian Aldrin Pasha rebuffed the assertion that those awarded were only Yudhoyono's favorites, saying that "[the figures] were, of course, considered as contributing to the nation and the country."

"Those named, who deserve the medals, have been selected in a proper process conducted by a medal council led by the coordinating political, legal and security affairs minister," Julian said on Wednesday.

"We have to prioritize the principle of presumption of innocence," he said in his response to a question about the controversial backgrounds of Alex and Awang.

Other than those controversial figures, some who have been praised for their performance, for example newly-appointed Religious Affairs Minister Lukman Hakim Saifuddin and new Coordinating Economic Minister Chairul Tanjung, were also bestowed with the Bintang Mahaputra Adipradana.

Vice President Boediono's wife Herawati, six former ministers and seven former leaders of a number of government bodies were also on the list.

The government also gave the award to five figures who have been fighting for Papuans' rights and welfare, including pluralism champion Rev. Lipiyus Biniluk.

Source: http://www.thejakartapost.com/news/2014/08/14/sby-honors-controversial-aides.html

North Sumatra governor, a PKS stalwart, in polygamy row

Jakarta Globe - August 13, 2014

Jakarta – North Sumatra Governor Gatot Pujo Nugroho has come under fire over an allegation of polygamy, with pictures circulating of the politician from a conservative Islamic party in intimate poses with a woman who is not his wife.

"We suspect that Gatot has more than one wife, for which he must resign," Azhari Sinik, the executive director of the Independent Monitoring Institute for North Sumatra Development, or LIPPSU, said on Wednesday as quoted by Waspada.co.id.

The issue has sparked popular outrage, with university students protesting outside the governor's office in Medan on Monday, brandishing the pictures of Gatot with the unnamed woman.

It has also given fresh impetus to the provincial legislature's long- running campaign to hold the governor to account over corruption allegations. The legislature, which has toyed for the past year with plans to summon Gatot to testify in the matter, finally voted on Tuesday to call him in next week.

Syamsul Hilal, a councilor, said that if it was true that Gatot had more than one wife, then it amounted to a violation of the code of conduct for public officials, for which he could potentially be impeached.

Gatot has not responded to the allegations, but his party, the Prosperous Justice Party, or PKS, most of whose top officials including chairman Anis Matta are either known or widely suspected of being polygamists, says the rumors are true.

"I was informed about three months ago from a colleague in the PKS that Gatot had married again," Hidayatullah, the PKS chairman in the provincial legislature, said on Tuesday as quoted by Tribunnews.com. "I personally believe it to be true," he added.

He added that the practice of polygamy was common among PKS politicians, but that most of them kept it under wraps because of the impact it could have on the Islamic party's image.

Polygamy is permitted in Indonesia under the 1974 Marriage Law, but only under very specific circumstances, with public officials discouraged, though not prohibited, from taking more than one wife.

Supporters of the governor contend that the issue was only raised as a politically expedient means to fast-track the summons from the legislature.

Gandi Parapat, the coordinator of the Medan-based Indonesian Political and Legal Monitoring Center, or PMPHI, said on Wednesday that Gatot was a "clean leader" and that any personal issues must be kept separate from his professional track record.

"If Gatot was indeed involved in a graft scandal, the case would have been investigated a long ago by the Attorney General's Office or the police," Gandi told the Jakarta Globe. "The allegations against him are politicized; maybe there are those who want to see him fall," he added.

Source: http://www.thejakartaglobe.com/news/north-sumatra-governor-pks-stalwart-polygamy-row/

West Papua

West Papuan political exiles fear 'extinction' of their people

Pacific Scoop - August 15, 2014

Craig Hoyle – Political activists are using this month's "Pacific shame" seminar in New Zealand to highlight the plight of indigenous West Papuans, and some say they fear the extinction of their people.

The two-day event, hosted by Auckland University's Law Faculty, focused on media freedom in West Papua, Indonesian oppression, and New Zealand's responsibilities in the region. Paula Makabory, a West Papuan political activist living in exile in Melbourne, fears that unless action is taken, her people will become outsiders in their own land.

"If you look through the census data, you can see that the West Papuan population growth rate is increasing five percent a year, and in the world it's only one percent, so how come in West Papua it's so high?

"The [indigenous] West Papuan population is very low, and the increase is all Indonesian migrants. So that is why I say, 'who is now standing up in my land?'"

The ethnic contours of West Papua have changed rapidly since Indonesia assumed control of the region in 1962. In 1971, indigenous Papuans accounted for 96 percent of the West Papuan population. That figure has now dropped to 48.7 percent, and if current trends continue it will likely fall to 15 percent by 2030.

Colonialism 'in action'

Human rights activist Maire Leadbeater says this is colonialism in action. "There were a lot of things that were supposed to happen at the end of World War Two, and one of them was the ending of the colonial system," she says. "And the end of colonialism didn't happen to everybody."

When Indonesia gained independence from the Netherlands in 1949, the region then known as Dutch New Guinea was not included in the newly-formed republic. The Netherlands prepared it for independence, and a West Papuan state was declared on the December 1, 1961.

"At this ceremony they raised their own flag, they formed their own anthem, and that's when they decided the name of the country should be West Papua," says Leadbeater. "So they were well on the path to self-government at that point."

However, the Indonesian government had other plans and annexed West Papua in 1962. The move was supported by the US-led Western bloc, which saw Indonesia as an ally against communism.

A vote was held in 1969 on West Papuan independence – the "Act of Free Choice" – but only 1025 men were allowed to vote, and all were pressured to support Indonesian integration.

West Papuan journalist Victor Mambor says since then, the Indonesian government has pursued a brutal policy of oppression.

'Many Papuans killed'

"Many West Papuans have been killed, and many harassments and violations against West Papuan people have happened," he says.

Journalists in West Papua are frequently threatened, and a colleague of Mambor's was strangled and dumped in the river. The police refused to investigate his death, declaring it was "suicide".

Mambor says the world needs to know about what is happening. "It's not about special laws, it's not about being part of Indonesia or being independent, but it's about the truth," he says.

It's a truth that has been largely ignored in New Zealand. When West Papuan activist Benny Wenda visited last year he was refused permission to address Parliament, over fears it could upset the Indonesian government. But Green MP Catherine Delahunty believes the rights of the West Papuans should come before diplomacy. On July 30, she tabled a motion in the House calling for the President of Indonesia to commit to press freedom in West Papua.

Treason laws

"We need to acknowledge that what is happening in West Papua is very reminiscent of what New Zealand did in 1860, right down to the treason laws, so we actually have a big responsibility to do something to challenge the role of Indonesia," she says.

Delahunty says she is deeply concerned by the Indonesian government's refusal to acknowledge the indigenous West Papuans, and challenged the Indonesian ambassador at a recent Green Party conference.

"I said, 'we cannot accept your government's position, we will never accept it', and that's what the Green Party will continue to do until we see real progress," she says.

"I told the Indonesian consul there is a word in Maori, hoa riri, or angry friend – we are not the enemy of Indonesia, but we are the angry friend, until there are human rights, independence, and self-determination."

The plight of the West Papuans has also caught the attention of many within the Maori and Pacific communities. A collaborative called Oceania Interrupted was launched last year, and founder Leilani Salesa says the group is committed to fighting for their West Papuan brothers and sisters.

"People in the Pacific are being tortured, raped, and there is a campaign of genocide," says Salesa. "As the colonised and the coloniser, the dominant and periphery cultures, however you want to look at it, I think we should all care."

Flag activism

Oceania Interrupted has held several actions over the past year, beginning with a show of support for an activist who was jailed for raising the West Papuan flag.

"We raised the flag 15 times at intersections up and down Queen St, 15 being symbolic because that is the number of years Felip Karma is currently serving in jail," says Salesa.

"Our second intervention was called 'All We Want For Christmas Is A Free West Papua', and the social space we interrupted was the Otara Market.

"We're brown women in silence, dressed in black, which is the colour of mourning. When you see people behaving in that way, it evokes a response, and that's the powerful thing."

Victor Mambor says it is important for New Zealanders to stand in support of the West Papuans. "New Zealand is a Pacific country, and also West Papua, so under solidarity New Zealand people need to hear the true stories."

It's a message echoed by Oceania Interrupted. "We stand in solidary with them as humans, with them as Pacific people, and with them as indigenous people," says Salesa. "They know struggle in a way that we don't, and I think that we just have aroha for them."

Craig Hoyle is an Inclusive Journalism Initiative (IJI) honours programme student journalist from AUT University on the Asia-Pacific Journalism course.

Source: http://pacific.scoop.co.nz/2014/08/west-papuan-political-exiles-fear-extinction-of-their-people/#more-23271

Papuans call for release of French journalists

ABC Radio Australia - August 15, 2014

Two French journalists arrested in the Indonesian province of Papua late last week remain in detention on charges relating to misusing their visas.

A local activist, himself just released from prison, is calling for their immediate release. But Victor Yeimo is also keen to highlight that the fate of the journalists is something the local population faces everyday.

Reporter: Kerri Worthington

Speaker: Victor Yeimo, chairman of the West Papua National Committee; Andreas Harsono, Human Rights Watch, Indonesia

Worthington: The journalists were detained late last week along with a number of local human rights activists. The pair work for a Franco-German television channel and were reported to be making a documentary about the separatist movement in Papua province.

Andreas Harsono, a researcher with Human Rights Watch in Indonesia, says Papua police accuse the pair of associating with what the Indonesians call armed criminal groups.

Harsono: The police said that they were suspected of trying to attract international attention of Papua, to raise the rebellion of Papua. The charge is misusing their tourist visa to do journalism wok. Under Indonesian law, if you are going to do reporting work you have to apply for a journalist visa.

Worthington: Activist Victor Yeimo is the chairman of the West Papua National Committee. He was released from Abepura Prison earlier this month after more than a year in incarceration for what authorities said was treason.

Speaking via a rough mobile connection from the provincial capital Jayapura, Mr Yeimo has joined calls for the release of the French journalists.

Yeimo: We have to communicate with the police in Papua that they have to, they have to release the international journalists. We always meet international journalists who come to West Papua and then we guide them. We always get into trouble because we have good relations with them when they come here.

Worthington: It's notoriously difficult for journalists to be allowed in to Papua, but it's not the first time journalists have been arrested for reporting on the situation there.

Victor Yeimo says the arrest of the French journalists may help to highlight the situation that constantly faces independence activists.

Yeimo: They get arrested every day for their freedom of expression. So it's not only the international journalists. This is the situation in West Papua that all the people, the activists, are terrorised and intimidated by Indonesian police in West Papua now.

Victor Yeimo says Indonesia plays up the province's Special Autonomy status, that he and other activists call a sham arrangement that works to the detriment of the indigenous population.

Yeimo: I want the international community to not hear the Indonesian media propaganda of the Indonesian elite. I want the international community to hear what we want, what we are talking about in West Papua, because we stay here in reality, we know the reality.

Andreas Harsono of Human Rights Watch says media freedom has been severely restricted since Indonesia took control of Papua province in 1963.

Horsono: It raises a lot of questions. Human Rights Watch has been campaigning for the Indonesian government to lift the restrictions for foreign journalists to cover West Papua because West Papua has been practically isolated for more than 50 years. There must be something going on wrong inside West Papua if the restriction has been going on that long.

Worthington: The unrest in the Indonesian province of Papua is not high on the international agenda. Even among the Melanesian countries, only the government of Vanuatu regularly speaks out in support of the independence movement.

Victor Yeimo says Indonesia gives Melanesian countries a lot of money to garner support for its sovereignty, but he doesn't believe that will change the way Melanesians think about Papua.

Yeimo: Whatever the policies from the government, the West Papuan people believe in the Melanesian brotherhood. So we believe one day the Melanesian countries will help us. Not only in Vanuatu, but we believe that Solomon Islands, PNG, Fiji Kanak, they don't change their policies when they know about our cry for freedom, because the people of Melanesia from that country, they stand up strong for us now.

Source: http://www.radioaustralia.net.au/international/radio/program/pacific-beat/papuans-call-for-release-of-french-journalists/1357080

French journalists accused of spying

Jakarta Post - August 15, 2014

Yuliasri Perdani, Jakarta – Police in Papua say they have found indications that two French journalists who have been held in custody since Aug. 6 for allegedly abusing their tourist visas could be involved in espionage.

Papua Police chief Insp. Gen. Yotje Mende said on Thursday that the spying allegation was based on the fact that the French Arte TV station journalists – Thomas Charles Dandois, 40, and Louise Marie Valentine Burrot, 29 – clandestinely held discussions with alleged members of an armed civilian group led by Enden Wanimbo in Wamena.

"During their visit, they visited and held a discussion at a location thought to be the base camp of the criminal group. There, we once arrested two individuals with links to Enden Wanimbo," Yotje said at National Police headquarters in Jakarta on Thursday.

He said that investigators grew more suspicious after the journalists were caught "deleting data from their laptops" while in police detention.

"After a case presentation yesterday, we decided to continue the investigation into their alleged spying activities. Aside from that, they will be charged under the Immigration Law for visa abuse," Yotje said.

According to Law No. 6/2011 on immigration, offenders of visa violations and people who instruct or give others the opportunity to commit the offense could face five years in prison and be fined Rp 500 million (US$42,811).

It remains to be seen if the police will charge the couple with espionage, considering that the 1963 law on subversion has been annulled. The police base their suspicion of spying activities also on the fact Burrot holds a French government passport and a civilian passport.

Papua Police spokesperson Sr. Comr. Sulistyo Pudjo earlier said that during questioning, Burrot claimed that she once worked at the France Embassy in Tel Aviv, Israel. Adding to the police's suspicions, Burrot could not present any press credentials, while Dandois' press card expired in 2006.

Sulistyo said that a number of text messages stored in the phones of the two indicated that an Australian, identified only by the initials NC, assisted them in reaching and communicating with Enden's group.

Enden's group is notorious for its armed attacks on civilians and police. Its latest attack was allegedly on July 28, in which two police officers were shot dead in Indawa, Lanny Jaya regency.

Yotje said the police, with the help of local leaders, were using the persuasive approach to put an end to violent acts by Enden's group.

"In a meeting on Aug. 4, pastors, Papua tribal leaders and local figures committed to approaching this armed group. We'll give them a deadline to surrender. If they decline to do so, we will act sternly against them," the police chief said.

Source: http://www.thejakartapost.com/news/2014/08/15/french-journalists-accused-spying.html

West Papua self-determination issue won't be deferred to Indonesia

Radio New Zealand International - August 14, 2014

The Chairman of the Vanuatu-based West Papua Unification Committee says they won't defer to Indonesia on the issue of West Papuan self- determination aspiration.

Pastor Allan Nafuki's statement comes at a time as Indonesia has sent an official delegation on a diplomatic visit to Port Vila this week.

The committee is tasked with organising a Port Vila conference for West Papaun representative political groups to discuss a potential bid to join the melanesian Spearhead Group. The conference was initially planned for later this month but has now been deferred to the start of October.

However, as preparations for the conference gain momentum, Pastor Nafuki says his committee will make sure that only eligible West Papuans decide on the future of their country. He says they expect there will be individuals who are sent by Indonesia to try to derail the outcome of the meeting, but that it won't succeed.

Vanuatu's Prime Minister Joe Natuman told the visiting Indonesians the country is fully supportive of West Papuans' right to self-determination.

Source: http://www.radionz.co.nz/international/pacific-news/252104/west-papua-self-determination-issue-won%27t-be-deferred-to-indonesia

Government urged to properly fix problems in Papua

Jakarta Post - August 14, 2014

Nethy Dharma Somba, Jayapura – The improper implementation of policy and lack of attention to security-related problems in Papua are said to be the root causes of the ongoing separatist movements in the region.

Recent incidents in the province include the shooting of two police officers in Lanny Jaya by an armed civilian group led by Enden Wanimbo and the arrest of 21 civilians over their suspected affiliation with the separatist Free Papua Movement (OPM).

"Separatist movements are continuing their efforts in the region," chairman of the Jayapura's Fajar Timur School of Theology and Philosophy (STFT), Priest Neles Tebay, said on Tuesday.

He said actions representing separatism could manifest in different forms, ranging from shootings, flag raising to rallies. He suggested that opposing parties should sit down together and resolve their differences. Unfortunately, this has not been done.

"The government tries to settle the problems in its own ways, using different approaches such as economic and legal, but these methods have failed to put a stop to or eliminate acts of insurgence. At the same time, the other side feels that the root of their real problems were never touched," Neles said.

According to Neles, the root of the problems in Papua is the political status of the province. The government says the problem has been resolved but Papuans think otherwise, which is why acts of insurgence continue to take place.

Separately, chairperson of the Democratic Alliance for Papua (ALDP), Latifah Anum Siregar, said that acts of insurgence were not merely committed on account of ideology but also because of the interests of both the local elite and local politics.

Providing examples, Latifah said legislative or regional elections could eventually lead to the formation of separatist movements due to dissatisfied candidates and parties. She added that no matter what Papuans did, including voicing their aspiration for freedom, their actions would be seen as acts of separatism.

According to Latifah, local administrations in Papua could put an end to acts of separatism by properly addressing the problems that trigger the acts.

In a related development, the Jayapura Police have named one of the 21 civilians arrested over the weekend for their alleged affiliation with OPM a suspect for illegal weapon ownership. Zeth Demotokai was considered to have violated Law No 12/1951 on guns and is currently being detained at the Jayapura Police headquarters.

"He was named a suspect because he had projectiles, anti-tank rockets, four dumdum bullets and an AK rifle," Papua Police spokesperson Sr. Comr. Pudjo Sulistyo said in Jayapura on Tuesday. "The others are still being examined intensively."

The 21 civilians were arrested after taking part in the inauguration of new members of the National Liberation Army for West Papua (TPN PB) headed by Terianus Sato, the group's local leader.

Source: http://www.thejakartapost.com/news/2014/08/14/government-urged-properly-fix-problems-papua.html

French journalists arrested in West Papua could be charged with subversion

Sydney Morning Herald - August 14, 2014

Michael Bachelard, Jakarta – The detention of two French journalists in the Indonesian province of West Papua has taken a dangerous new turn, with local police suggesting the pair were present at an exchange of ammunition by a separatist group and should be charged with subversion.

Documentary filmmaker Thomas Dandois and camera operator Valentine Bourrat have been in immigration detention in the restive province for more than a week after being caught doing journalist work on tourist visas. But police say the pair will soon be moved into the police lockup.

There is also an Australian connection, with West Papua police spokesman Sulistyo Pudjo saying the pair were taking "orders" from an Australian, "NC". This can be revealed as the Melbourne-based Nick Chesterfield, who works for independent media outlet West Papua Media.

Ms Bourrat and Mr Dandois were filming a documentary on the separatist movement in the province for the European TV channel Arte.

However, Mr Sulistyo said, "We can prove they are not journalists" because neither had an up-to-date press card. He said they had "planned to cover the exchange of bullets between [members of the armed separatist movement, the] OPM. Why would tourists do that?"

The rhetoric represents a dangerous turn for the reporters. Simply working without a journalist visa in Indonesia usually leads to swift deportation, but talk of subversion, or "makar" in Bahasa, could signal a dragged-out investigation, court case and possible imprisonment.

Foreign media access to West Papua is tightly controlled and restricted by the Indonesian government.

Adding to police suspicions, Ms Bourrat worked in 2011 for the French government in Tel Aviv, Israel, and was carrying a French government passport dated from that time.

Indonesia, a predominantly Muslim country, has no diplomatic relationship with Israel, which is widely regarded with hostility and suspicion. The first secretary at the French embassy in Jakarta, Thomas Biju-Duval, confirmed that Ms Bourrat had worked as a government volunteer in Tel Aviv and still carried a "service passport" from that time. "She should have given it back, but she forgot to do that," he said.

But he insisted that the pair were journalists. "We provided all the documents to the authorities in Jakarta and Jayapura, and there is no doubt about their status as journalists," Mr Biju-Duval said.

Despite Mr Sulistyo's view, Mr Biju-Duval said: "The Indonesian authorities have received and accepted that information."

Mr Sulistyo said a number of text messages on the phones of Mr Dandois and Ms Bourrat showed they were taking "orders" from Mr Chesterfield, whose independent media operation is highly critical of Indonesian activities inside West Papua. "Fortunately NC is in Australia, because if he was in Indonesia we'd arrest him," Mr Sulistyo said.

Mr Chesterfield confirmed that West Papua Media had given advice to the French journalists ahead of their trip, as his organisation did to "hundreds of journalists a year" about travelling to Papua. The advice had included information about security and story ideas.

"What we were doing is not a crime under international law, and assisting journalists is a basic element of freedom of the press," he said.

A blog post on a site favoured by Indonesian army members, militerindonesiamy.blogspot.com, suggested that Ms Bourrat was a French government agent and involved in a "transnational crime" relating to the ammunition.

Source: http://www.smh.com.au/world/french-journalists-arrested-in-west-papua-could-be-charged-with-subversion-20140814-1046xp.html

West Papua summit in Port Vila postponed

Radio New Zealand International - August 13, 2014

The Vanuatu-based West Papua Unification Committee has postponed this month's planned West Papua conference to early October.

The conference is for West Papuan representative groups, who are mainly pro-independence, to discuss a potential bid to join the Melanesian Spearhead Group. The potential bid would be distinct from Indonesia which already has observer status at the MSG.

The committee, comprised of Vanuatu's council of churches, national chiefs body and other repesentatives, had been organising the conference for August 27-30. However the Committee's chairman Pastor Allan Nafuki says they decided to move the conference back to the first week of October.

He says this gives them more time to prepare for the conference and for delegates travelling from Indonesia's remote Papua region to meet visa requirements. Upwards of a hundred delegates are expected at the conference.

Source: http://www.radionz.co.nz/international/pacific-news/252083/west-papua-summit-in-port-vila-postponed

French journalists still detained, probed

Jakarta Post - August 13, 2014

Nethy Dharma Somba, Jayapura – Authorities in Jayapura, Papua, continue to investigate two French journalists who were arrested on Aug. 6, for allegedly abusing their tourist visas.

Thomas Charles Dandois, 40, and Louise Marie Valentine Burrot, 29, who work for French Arte TV station, were questioned by the police and immigration staff at the Jayapura Immigration Office in relation to their activities in Papua.

The officials also examined evidence found with the pair when they were arrested in Wamena. "There is an indication that the two may be involved with armed criminal groups, especially one operating in Lanny Jaya," Papua Police deputy chief Brig. Gen. Paulus Waterpauw said in Jayapura on Tuesday.

Paulus said that during their visit, the two met Forkorus Yoboisembut, the chairman of the Papua Customary Council (DAP), who had just finished serving a prison term on July 21 for treason. "Their [the two journalists'] activities in Papua could disrupt state security and safety," he said.

Ramli AS, the head of the Papua immigration division at the Law and Human Rights Ministry, said the two journalists had violated the Immigration Law by abusing their visas.

According to Law No. 6/2011 on immigration, perpetrators of visa abuse and people who instruct or give others the chance to do so could face five years in prison and be fined Rp 500 million (US$42,776).

"We continue to coordinate with the French Embassy in Jakarta. They have kept questioning us in relation to the investigation of their citizens," Ramli said, adding that both journalists were being detained at the immigration office during the investigation.

Meanwhile, Reporters Without Borders said it deplored the detention of the journalists and called on local authorities to release them immediately.

"These two reporters are known for their integrity and honesty. Holding them for such a long time must be regarded as a violation of media freedom. We urge the authorities to release them without delay," said the media freedom watchdog's secretary-general, Christophe Deloire.

In 2009, the police arrested four Dutch journalists in Papua for covering a rally marking the return of Free Papua Organization (OPM) co-founder Nicholas Jouwe after 40 years in exile in the Netherlands. The police said the journalists had violated their tourist visas and immigration regulations.

Papua Governor Lukas Enembe said last year that foreign journalists were welcome to visit the province to observe the development in the region.

Foreign Minister Marty Natalegawa said there were a number of aspects that the government had to take into account, including the province's special autonomy status that he said was not yet running smoothly.

"When conditions in Papua are not conducive, the government considers it too risky to permit foreigners to visit the region," Marty said.

Source: http://www.thejakartapost.com/news/2014/08/13/french-journalists-still-detained-probed.html

Vanuatu PM reaffirms West Papua position to Jakarta

Radio New Zealand International - August 12, 2014

Vanuatu's Prime Minister Joe Natuman has reconfirmed his government's support for West Papuan independence aspirations to Indonesia's government.

While acknowledging the cordial relationship between Vanuatu and Indonesia, Prime Mr Natuman reminded the visiting Indonesian Ambassador to Vanuatu Nadjib Riphat Kesoema of Vanuatu's firm position in support of the West Papuan struggle.

The Prime Minister says while there are clear disagreements between the two countries, Vanuatu and Indonesia should be able to discuss sensitive issues in an amicable way and find the best way forward.

Mr Natuman took the opportunity to inform the Indonesian ambassador of a forum planned for Port Vila later this month at which various West Papuan groups will converge to discuss a potential bid to join the Melanesian Spearhead Group.

Ambassador Kesoema says the needs of the indigenous people of West Papua are being taken into account as the country continues its democratisation.

Source: http://www.radionz.co.nz/international/pacific-news/252008/vanuatu-pm-reaffirms-west-papua-position-to-jakarta

NZ urged to lobby for release of journos in West Papua

Radio New Zealand International - August 12, 2014

A West Papua advocacy group is urging New Zealand and other Pacific nations to lobby Indonesian authorities for the immediate release of two French journalists.

Thomas Dandois and Valentine Bourrat, who were working for a French-German television station, were arrested in Indonesia's Papua province for allegedly violating their tourist visas.

They are being held for illegal reporting, but the police add they are suspected of promoting instability. A spokesperson for West Papua Action Auckland group, Maire Leadbeater, says New Zealand's parliament only recently passed a resolution supporting media freedom in West Papua.

"This is a perfect opportunity really for the Government to put that resolution into action and to make a strong plea to the Indonesian authorities to release those two journalists."

Reporters without Borders has also called for the release of the two journalists.

Source: http://www.radionz.co.nz/international/pacific-news/251994/nz-urged-to-lobby-for-release-of-journos-in-west-papua

Fate of two French journalists in Papua unknown

ABC Radio Australia - August 12, 2014

The fate of two French journalists detained by Indonesian police for almost a week in the restive region of Papua remains uncertain.

Thomas Dandois and Valentine Bourrat, from the Franco-German television channel Arte, have been accused of reporting without valid visas.

The documentary filmmakers were on tourist visas when they were detained in the highland town of Wamena, along with a number of local human rights activists.

Human Rights Watch's Andreas Harsono has told Asia Pacific the pair were charged with immigration offences and could face up to five years in jail.

"The charge is misusing their tourist visa to do journalism work," he said. "The police said that they were suspected of trying to attract international attention on Papua, to raise the rebellion in Papua."

Reports say Mr Dandois was arrested in the company of three members of a separatist movement.

Mr Harsono is calling for the immediate release of the journalists. "There is no point charging them. They are likely to be deported."

Human Rights Watch says the Indonesian government has restricted foreign media access to West Papua for more than 50 years.

"There must be something wrong going on inside West Papua if the restriction has been going on that long," Mr Harsono said. "Let's see if Jokowi (Indonesian president-elect Joko Widodo) is going to follow through his promise to lift the restriction."

The French embassy in Jakarta says its been in constant contact with the men. Separatists in the Papua region have long been fighting for independence.

Source: http://www.radioaustralia.net.au/international/2014-08-12/fate-of-two-french-journalists-in-papua-unknown/1355720

Police lose 40 firearms in six months

Jakarta Post - August 11, 2014

Jakarta – Indonesian Army spokesman Gen. M. Fuad Basya said that in six months the Army and the National Police lost at least 40 firearms in Papua.

Fuad told Tempo.co that officers lost their weapons while fighting members of the Free Papua Movement (OPM). On occasion, the officers reportedly also raid the OPM's weapons.

The Army has helped the police to maintain security in Papua. The last offensive contact between the forces with the OPM occurred on Aug. 1 in Pirime district, Lanny Jaya regency. During the gunfight, two Army officers were injured while five OPM members were killed.

Source: http://www.thejakartapost.com/news/2014/08/11/police-lose-40-firearms-six-months.html

Police arrest 21 civilians suspected of OPM affiliation

Jakarta Post - August 11, 2014

Nethy Dharma Somba, Jayapura – The Jayapura Police have taken 21 civilians into custody for their alleged involvement with the separatist Free Papua Movement's (OPM) activities in Kampung Beraf, Nimbokrang district, Jayapura regency, Papua, on Sunday.

Papua Police deputy chief Brig. Gen. Paulus Waterpauw said it was suspected that the 21 Jayapura residents were returning from the inauguration of new members of the National Liberation Army for West Papua (TPN PB) by Terianus Sato, the army's local leader. One of 21 residents inaugurated at the event was reported to be under 15 years old.

Paulus said the police arrested the civilians as they were traveling on a truck. When trying to stop the truck, officers allegedly heard shooting from inside the vehicle.

Nimbokrang Police precinct chief Second Insp. Jerry, who led the operation, reported the incident to Jayapura Police deputy chief, Comr. Gustav Urbanus, who later ordered his members to pursue the group."

"Twenty one people were arrested while others, including the civilian who allegedly committed the shooting, managed to escape," Gustav said.

Waterpauw added that shortly after the incident, Jayapura police officers visited the location where the inauguration ceremony allegedly took place. They confiscated documents, including a number of striped-motive uniforms and banners emblazoned with writing related to the inauguration.

"From information we received, there were foreigners inaugurated at the event. We are still investigating the case," said Waterpauw, adding that the 21 civilians arrested were being questioned at the Jayapura Police headquarters. (ebf)

Source: http://www.thejakartapost.com/news/2014/08/11/police-arrest-21-civilians-suspected-opm-affiliation.html

Papua police: 21 barely sworn-in OPM fighters arrested

Jakarta Globe - August 11, 2014

Jakarta – Papua Police said they arrested 21 alleged members of the Free Papua Organization (OPM) as they intercepted a convoy of new recruits for the group's military wing on Sunday, Indonesian media reported.

According to police, the 21 suspects were among 60 people who had just been sworn in as members of the OPM's West Papuan National Liberation Army, led by Terianus Sato.

Papua's deputy police chief, Brig. Gen. Paulus Waterpauw, said that the sixty were sworn in at the OPM's headquarters in Beraf hamlet, in the Nimbokrang subdistrict of Jayapura district.

"These sixty persons were new recruits, the decision [to appoint them] was read out during the admission ceremony led by OPM leader Terianus Sato. The ceremony was short, they only read out the decision, hoisted the Morning Star flag and closed the ceremony with a prayer," Paulus was quoted as saying by newsportal Liputan6.com on Monday.

Paulus said that police intercepted the group when they were being transported in trucks in Nimbokrang's Warombaim hamlet. They opened fire on the vehicle of Nimbokrang Police Chief Second Insp. Jerry K., who led the operation. Jerry then called the Jayapura Police for backup.

Police could only arrest 21 people – 16 men, four women and a child – while the others managed to escape. Police found three firearms in the trucks.

Source: http://www.thejakartaglobe.com/news/papua-police-21-barely-sworn-opm-fighters-arrested/

Aceh

Aceh shariah police arrest three women for alleged prostitution

Jakarta Globe - August 10, 2014

Nurdin Hasan, Banda Aceh – Three women in Aceh charged with consorting with non-related males could face three to nine lashes of the cane following their arrest by the province's shariah police over the weekend.

The women, aged 28, 29 and 30 years, were arrested during a raid on a beauty salon in Banda Aceh, the provincial capital, in the early hours of Saturday by the Wilayatul Hisbah, or shariah police, an officer told the Jakarta Globe on Sunday.

"The salon has long been suspected of being a place of immorality," said Ritasari Pujiastuti, the head of the WH in Banda Aceh, adding that during a raid there two months earlier, officers had arrested a man and a women together who were not related to each other.

Under Aceh's implementation of partial shariah, or Islamic law, men and women who are not related to each other, or not muhrim, are prohibited from being alone together.

One of the women arrested on Saturday, believed to have run the salon, was alleged to have let the two others come inside with male companions.

Ritasari said shariah officers arrested the first woman outside the salon just as she was locking up after having let the others in. One of the other women was found hiding in the attic of the three-story shophouse occupied by the salon, while the third was caught after leading officers on an hour-long chase across the rooftop of the row of shophouses.

The two men they were with also fled across the rooftop but managed to evade capture, Ritasari said.

The woman who was arrested in the attic later told reporters at the shariah police headquarters that she was a prostitute and had been arrested once before in a shariah raid. Shariah officers also found several condoms in her bag.

The three women have been charged with violating the shariah ordinance on morality, for which they face between 20 and 50 days of detention, followed by a public caning of three to nine lashes each.

Until earlier this year, the shariah police were not authorized to detain suspected violators, and were required to release them after issuing them a verbal admonishment. But a bylaw passed last year and which came into force earlier this year now permits the detention of shariah offenders.

Ritasari said her office would punish the three women to the fullest extent of the new bylaw, "especially given that one of them has been caught before."

She added that the couple arrested at the salon two months earlier were expected to stand trial very soon, where they also face the prospect of a caning sentence.

Source: http://www.thejakartaglobe.com/news/aceh-shariah-police-arrest-three-women-alleged-prostitution/

Aceh warns Jakarta to keep its promises, or else

Jakarta Post - August 9, 2014

Jakarta – The Aceh provincial administration has called on the central government to immediately finish the deliberation of crucial regulations as mandated by the Aceh Governance Law.

Aceh Governor Zaini Abdullah said that almost nine years after the signing of the Helsinki Peace Accord, most regulations to implement the peace deal remained works in progress. He also said that the governance law could not yet be implemented because of a lack of supporting regulations.

The Helsinki Peace Accord, which was signed by the Indonesian government and the Free Aceh Movement (GAM) on Aug. 15, 2005, was the result of negotiations between both parties to end their conflict, while the Aceh Governance Law is the product of a memorandum of understanding (MoU).

Zaini said that in 2013, President Susilo Bambang Yudhoyono promised the Aceh people that derivative rules for the law would be ready before he stepped down from office in October 2014. However, there are currently only three government regulations and two presidential decrees. The Aceh Governance Law mandates that there should be nine government regulations and three presidential decrees.

Zaini said the central government needed to immediately draft the regulations or disappointment among the Aceh people could lead to further conflict between the central government and the people of Aceh.

"If the promise is broken, the Aceh people will feel betrayed and the bloody conflict could reoccur," he said in a discussion on Friday.

Zaini said that the central government should at least finish drafting several crucial regulations including the regulation on joint management of natural resources and natural gas and on central government authority in Aceh.

Also urgent is the presidential decree on the handing over of the National Land Agency (BPN) regional office to the Aceh provincial administration.

The Home Ministry's regional autonomy director general, Djohermansyah Djohan, said that actually all drafts of the government regulations and presidential decrees had been completed in 2010, but they had to be shelved due to the rising political tension surrounding the gubernatorial election which resulted in the election of Zaini.

He said that the central government was currently working to finish the three crucial regulations and was engaged in negotiations with the Aceh provincial administration.

Djohan said that if the negotiations were deadlocked, the ministry would arrange a direct meeting between the Aceh governor and President Yudhoyono so that they could be finished by the time the President wrapped up his term in October.

Zaini said that he was optimistic that the problems could soon be resolved. The Governor also said that he was ready to negotiate with the new government if the deadlock could not be settled during Yudhoyono's remaining time in office.

He was optimistic that with Jusuf Kalla likely serving as the next vice- president negotiations could proceed smoothly. Kalla was involved in peacemaking efforts in Aceh during the Helsinki Peace Accord. (ask)

Source: http://www.thejakartapost.com/news/2014/08/09/aceh-warns-jakarta-keep-its-promises-or-else.html

Human rights & justice

Team defends Hendropriyono appointment

Jakarta Post - August 15, 2014

Jakarta – Deputy head of president-elect Joko "Jokowi" Widodo's Transition Team, Hasto Kristiyanto, has defended the appointment of former National Intelligence Agency (BIN) chief Gen. (ret) A. M. Hendropriyono as an advisor to the team.

"We appreciate Mbak Suciwati's input, but it is not as if it is the president himself who is a human-rights abuser," Hasto said, referring to the widow of human-rights campaigner Munir Said Thalib, who died as a result of arsenic poisoning in 2004.

Suciwati has blasted Jokowi for his appointment of Hendropriyono saying that it could hinder Jokowi's efforts at human-rights protection once he is in office.

Hendropriyono is alleged to have played a role in the murder of Munir. Leaked documents provided by wikileaks said that Hendropriyono attended a series of meetings to hatch a plan to kill Munir, an outspoken human-rights campaigner.

Hasto had earlier said that Jokowi would need advice from Hendropriyono on several crucial issues including terrorism and radicalism.

Source: http://www.thejakartapost.com/news/2014/08/15/team-defends-hendropriyono-appointment.html

Controversial Hendropriyono gets transition team support

Jakarta Post - August 11, 2014

Haeril Halim and Margareth S. Aritonang, Jakarta – The transition team established by president-elect Joko "Jokowi" Widodo insisted on Sunday that Jokowi had made the right decision to appoint former National Intelligence Agency (BIN) chief Gen. (ret) A. M. Hendropriyono, who allegedly has a record of human rights violations, as an advisor to the team.

The team's backing of the controversial appointment came amid an outcry from rights campaigners who questioned Jokowi's campaign commitment to address the country's unresolved human rights abuse cases, some of which allegedly involved Hendropriyono, who is also a long-time friend of former president Megawati Soekarnoputri.

The transition team is preparing for the shift from the administration of outgoing President Susilo Bambang Yudhoyono, who is slated to leave office in October.

Hasto Kristiyanto, a deputy of the team, said that Hendropriyono's advice, particularly on multinational issues that are closely connected to intelligence work such as terrorism and radicalism, would be valuable.

"We should not doubt Pak Jokowi's decision [to appoint Hendropriyono]. The team needs his advice on critical issues such as radicalism and terrorism," Hasto told The Jakarta Post on Sunday.

Following the appointment, human rights campaigners raised concerns that Hendropriyono's participation in the transition team could be a gateway for him to enter Jokowi's future administration, a situation that would bring challenges for law enforcement institutions in prosecuting Hendropriyono.

On Aug. 4, Jokowi officially introduced his transition team, the first in Indonesian history, to prepare the incoming government. The team is chaired by former president director of PT Astra International and former industry and trade minister Rini Mariani Soemarno.

Asked whether Jokowi would offer Hendropriyono a ministerial post in his administration in return for giving advice to the new government, Hasto said "the transition team has nothing to do with ministerial posts".

Harris Azhar, executive director of the Commission for Missing Persons and Victims of Violence (Kontras), said that the appointment of Hendropriyono has raised concerns that human rights issues could take a backseat on the next government's agenda.

"Hendropriyono should be held accountable for the 1989 Talangsari tragedy. Also, human rights campaigner Munir Said Thalib was killed in 2004 by BIN agents during Hendropriyono's tenure," Harris said, referring to an incident in Central Lampung – now part of East Lampung regency – in 1989 that left many civilians dead, wounded or missing.

In the Talangsari incident, a battalion of Indonesian Army soldiers equipped with assault rifles from the Garuda Hitam Military Command in Lampung reportedly besieged the area of Cihideung at dawn. Soldiers burned houses and detained villagers across the regency and in areas surrounding provincial military commands.

Hendropriyono has previously denied the allegations and maintained that he had nothing to do with any of the human rights abuse cases, describing all the allegations against him as "slanderous" and "character assassination".

"I am assigned to give advice to the transition team, especially in the field of intelligence. We all want the team to achieve its goals effectively and efficiently," Hendropriyono said when confirming his posting on Sunday.

He said that he would support Jokowi's new government in resolving human rights abuse cases in Indonesia. "I support Jokowi – that's why I am here," said Hendropriyono who, as a member of Jokowi's team during the presidential campaign, helped to balance out the greater presence of military aides in the side of Jokowi's competitor, Prabowo Subianto.

Hendropriyono has accused NGOs that raised concerns regarding his involvement in past human rights abuse cases of taking advantage of what he called "negative publicity against him". "They [NGOs] are making money from raising slanderous allegations against me," Hendropriyono said.

Source: http://www.thejakartapost.com/news/2014/08/11/controversial-hendropriyono-gets-transition-team-support.html

Hendropriyono's appointment raises eyebrows

Jakarta Post - August 10, 2014

Jakarta – Human rights activists have questioned the decision of president-elect Joko "Jokowi" Widodo to appoint former National Intelligence Agency (BIN) chief A.M. Hendropriyono, who was allegedly involved in past human rights abuse cases, as an advisor to his newly established transition team.

Hendropriyono is suspected of being linked to the murder of human rights campaigner Munir Said Thalib in 2004. The former BIN chief, however, has denied the allegations and maintained that he had nothing to do with the case.

Wahyudi Djafar of the Institute for Policy Research and Advocacy (ELSAM) said that Jokowi should have conducted a thorough background check before deciding on such an important appointment.

"Hendropriyono may have the capacity to take on the role, but he still has unresolved human rights problems from the past," Wahyudi told The Jakarta Post on Saturday.

Wahyudi said that Jokowi had created hope among victims of human rights abuses that he would resolve past violations, but added that Jokowi could risk disappointing his supporters now that he had brought in people with checkered records. "Jokowi's team should be bringing in new hope instead of new accusations," Wahyudi said.

On Aug. 4, Jokowi officially introduced a transition team, the first in Indonesian history, to prepare the incoming government. The team is chaired by former president director of PT Astra International and former industry and trade minister Rini Mariani Soemarno Soewandi.

On Saturday, Jokowi appointed Hendropriyono and former Muhammadiyah leader Ahmad Syafii Maarif as advisors to the team that will help to manage the transfer of power from outgoing President Susilo Bambang Yudhoyono to Jokowi.

Hasto Kristiyanto, a deputy of the transition team, said that Jokowi appointed Hendropriyono and Ahmad Syafii because he would need their advice in making the best decisions for the country. "A leader needs good advice before he can run this big nation," Hasto said on Saturday, as quoted by tempo.co.

Contacted separately, Harris Azhar, executive director of the Commission for Missing Persons and Victims of Violence (Kontras), said that the appointment of Hendropriyono has raised concerns that human rights issues could take a backseat on the next government's agenda.

Harris said that Jokowi should not squander the chance of running a clean government and should not be encumbered by political interests from certain individuals or political parties. "In order to establish an effective government, Jokowi should be able to prevent himself from having any political debts," Harris said.

However, Harris said he remained hopeful that Jokowi's future administration could be more assertive in enforcing the law and solving human rights cases than Yudhoyono's government. (idb)

Source: http://www.thejakartapost.com/news/2014/08/10/hendropriyono-s-appointment-raises-eyebrows.html

Women's rights

Government prepares rules on abortion for rape victims

Jakarta Post - August 15, 2014

Ina Parlina, Jakarta – The Health Ministry is preparing supporting regulations to guarantee that a recent decree legalizing abortion for rape victims and those with life threatening medical conditions is not misused.

Minister Nafsiah Mboi said the derivative guidelines to implement the newly issued Government Regulation No. 61/2014 on reproductive health would set a standard mechanism in the process as well as training programs for health workers and other relevant officers, including those in local areas.

"[These rules are] to guarantee abortion will be used under strict circumstances because both the [health] law and the [government] regulation say abortion is prohibited except under the two circumstances," Nafsiah said on Wednesday.

In late July, President Susilo Bambang Yudhoyono signed the government regulation as an implementation of the 2009 Health Law.

Under the new regulation, a rape victim has the right to have an abortion, which can only be performed by a certified doctor and at an established healthcare facility, and with the consent of a doctor and a statement from an investigator, psychologist or other expert.

The regulation also stipulates that an abortion may only be done within 40 days since the first day of the victim's last period. It also states that rape victims should receive protection in terms of physical and mental health, including the provision of legal measures.

Under the new regulation, the central government now shares the responsibility with local administrations at the provincial, regency and municipal level of ensuring the reproductive rights of women, including the provision of facilities and health workers as well as designing programs and education.

Women's Empowerment and Child Protection Minister Linda Gumelar – who praised the new regulation as a step forward in ensuring women's rights – said the ministries would ensure that correct implementation was feasible in all regions.

"It is the era of regional autonomy. Therefore, local administrations must study [the regulation]. They may also issue a local decree," she said on Wednesday. Linda argued that local policies would not go against the government regulation and the law despite the diverse differences between each area.

The National Commission on Violence Against Women (Komnas Perempuan) has welcomed the new regulation for giving clear guidelines for ensuring women's health and reproductive rights and establishing a proper mechanism on abortion for rape victims.

It also praised the new guidelines for outlining preventive measures, as well as providing more access to information and education on reproductive health for teenagers and women in general.

Women's activist Indri Oktaviani, however, criticized the new policy for having a tendency to guide perception about morality. "Victims of rape cases must prove themselves to be rape victims, when in many cases, proving such a crime takes a long time," she said.

Source: http://www.thejakartapost.com/news/2014/08/15/govt-prepares-rules-abortion-rape-victims.html

New abortion regulation stirs up a hornet's nest

Jakarta Globe - August 13, 2014

Herman Genie & Ezra Sihite, Jakarta – A new government regulation placing a 40-day restriction for rape victims and women with serious medical conditions to have abortions has sparked criticism, with some experts suggesting that it might as well mean a whole ban on abortion, while others still reject the abortion policy altogether.

Although the 2009 Health Law allows women in Indonesia to get abortions under specific circumstances, a new presidential regulation derived from the law imposes a 40-day restriction on that.

The regulation on reproductive health, which was signed by President Susilo Bambang Yudhoyono last Friday amid little media attention, stipulates that women who get pregnant as a result of rape and those with serious medical conditions may apply for a legal abortion within 40 days of their last menstrual period.

Experts say the new rule will give rape victims virtually no time to make a clear and informed decision about whether they want to abort the fetus.

"There shouldn't be this 40-day restriction," Masruchah, a member of the National Commission on Violence Against Women, or Komnas HAM, told the Jakarta Globe on Tuesday. "Rape victims in rural areas, for instance, often never find out that they're pregnant" until two or three months later."

Suryono Slamet Iman Santoso, a gynecologist at Jakarta's Abdi Waluyo Hospital and a former reproductive health lecturer at the University of Indonesia, notes that most women don't even think about testing for pregnancy until after 40 days from their last period.

"That's when their expected period is typically about two weeks late. So it's only after 40 days that you can make a reasonably accurate decision of whether a woman is pregnant or not," he told the Jakarta Globe. "I believe there shouldn't be this restriction. It will be hard to implement."

The new regulation also fleshes out the process for determining what constitutes a life-threatening health condition for the mother or fetus, which is the only other circumstance where a woman may get an abortion, but restricts this too by requiring that the woman obtains approval from her husband. No such condition is listed in the 2009 Health Law.

Government officials, however, are crowing over what they call a progressive regulation, saying it places women's health at the fore.

"It takes into consideration every aspect of the health, safety and comfort of the woman, her family and the fetus," Anung Sugihantono, the health ministry's director general for maternal and children's health, said in Jakarta on Tuesday. "It should also be understood that this regulation does not legalize abortion," he added.

The government regulation will be shored up with a Health Ministry regulation that details the processes and mechanisms for a legal abortion, Anung said.

Abortion to save lives

Religious Affairs Minister Lukman Hakim Saifuddin defended the new regulation by saying that it was already in line with an edict issued by the Indonesian Ulema Council (MUI) stating that abortions may be performed based on very strong reasons such as medical considerations.

"The government regulation on abortion is in line with the MUI edict because abortion can only be performed on several conditions," Lukman said. The minister said abortion was allowed if it was the only way to save the mother's life or for health reasons – either physical or psychological.

Rape victims usually suffer from either physical or psychological problems he said. "Both pose problems to the mother's safety and medical experts, doctors are authorized to decide on that," he said.

Lukman said the permission to perform an abortion was very strict because it had to be done based on strong medical grounds and the pregnancy should not be more than 40 days.

Women's Empowerment and Child Protection Minister Linda Amalia Sari Gumelar corroborated Lukman's views, saying that many underage rape victims suffer endless trauma and are not ready to raise a child.

"We've received information from many rape victims that this trauma continued for a very long time, especially when they were minors and not ready to have children. This means that there is a place for such a government regulation," Linda said.

Linda also said that aside from strong medical reason, abortions could be performed after the patient went through counseling and after receiving approval from her husband or family. "And there are still steps in the health ministerial regulation that need to be taken in order to implement the government regulation," she said.

Health Minister Nafsiah Mboi said the counseling was provided before and after the abortion.

Rejection

However, some health professionals and children's activists reject the regulation altogether.

Zaenal Abidin, chairman of the Jakarta chapter of the Indonesian Doctors Association (IDI), lashed out at the government for issuing the regulation, saying doctors should not be dragged into performing abortions on patients as it violates the Criminal Code (KUHP) and doctors' code of ethics.

"Don't drag us [doctors] in if you want to perform abortions. We don't want to be jailed because the KUHP is still in place. Old laws from Babylonia and the Hippocratic Oath made by Hippocrates strongly object to abortions," Zaenal said in his office on Wednesday.

But he agreed that an exception could be applied if the abortion was carried out in a medical emergency in order to save the mother's life. He said such exception was also stated in the famous Islamic philosopher Ibnu Sina's book on medical principles.

"So, we have to refer to the basic principles of medical sciences. If you want to perform an abortion, don't take us along. Don't create a dilemma for doctors," he said.

Zaenal said the government should take into consideration the sociological aspect of the abortion when issuing a regulation. He said no religions allow abortion and that people engaging in casual sex would take advantage of the regulation.

"Wise people have principles. You will fall into the deepest pit if you loosen the moral ties. So, it's better not to issue such a regulation because it would pave the way for the emergence of other regulations that would loosen the moral ties," he said.

Arist Merdeka Sirait of the National Commission for Child Protection (Komnas PA) also opposed the regulation, saying it was contradictory to the 2002 Law on Child Protection.

"Article 1 of the child protection law states that children are those under 18 years of age and that includes fetuses. This means abortion cannot be justified because it ignores the child's right to life," Arist said. He said abortion is not only violating the law but it is also a form of human rights violation, adding that only God has the right to take lives.

"I totally agree that we have to protect rape victims. But we also have to be careful that it could be contradictory to Article 1 of the Child Protection Law," he said.

Arist says that normally there are no witnesses in rape cases and therefore it cannot be determined that the woman was a rape victim.

Arist acknowledged that the psychological burden of rape victims was very high and therefore the government should protect them. "The fetus carried by the rape victims should not be killed. The government should protect them. This is the responsibility of the government," he said.

Source: http://www.thejakartaglobe.com/news/new-abortion-regulation-stirs-hornets-nest/

Sexual & domestic violence

Students protest slow progress in rape case

Jakarta Post - August 15, 2014

Jakarta – Around 50 students from the University of Indonesia (UI) staged a demonstration at the Jakarta Police headquarters in South Jakarta to protest the slow investigation into a rape case implicating noted poet Sitok Srengenge.

UI student executive board chairman Ivan Riansa said there were rumors that the police were going to halt the investigation based on reports that Sitok was in a relationship with the rape victim, an UI student.

"We don't understand why the case is being handled by the [Jakarta Police Criminal Detective Directorate's] national security sub-directorate. The case should be handled by the sub-directorate on children, adolescents and women's affairs," he told reporters.

Source: http://www.thejakartapost.com/news/2014/08/15/students-protest-slow-progress-rape-case.html

Government praised for protecting rape victims

Jakarta Post - August 9, 2014

Ina Parlina, Jakarta – Experts and women's activists praised on Friday the government's move to issue Government Regulation No. 61/2014 on reproductive health, which not only ensures women's reproductive rights but also protects the rights of rape victims.

The new guideline, signed by President Susilo Bambang Yudhoyono in late July, is a derivative regulation to the 2009 Health Law.

Article 29 of the law states that victims of sexual violence should be handled using multidisciplinary approaches by providing protection for victims in terms of physical and mental health, including the provision of legal measures.

Under the new regulation, a rape victim will have the right to have an abortion, which can only be performed by a certified physician and performed in an established health-care facility, with the consent of a doctor and a statement from a police investigator, psychologist or other expert, within 40 days of the last period.

Other than for rape victims and women with life-threatening medical conditions, abortions are still prohibited.

The National Commission on Violence Against Women (Komnas Perempuan) welcomed the new regulation, saying that the new rule would give a clear guideline for ensuring women's health and reproductive rights, as well as establishing a proper mechanism on abortion for rape victims.

"In general, as a derivative regulation, it provides better protection for those victims. They can now get better treatment that covers both physical and mental health," Komnas Perempuan member Andy Yentriyani said on Friday.

Andy also praised the regulation for outlining preventive measures, as well as providing more access to information and education on reproductive health for teenagers and women in general.

"We all need to provide a better understanding of reproductive health as early as possible, as well as information regarding sexual abuse and rape to prevent such cases from happening," Andy said.

According to the regulation, services for teenaged girls through education, counseling and treatment are aimed at preventing, protecting and preparing them to live a healthy reproductive life and to be responsible for their own reproductive rights.

"Maternal health services should be provided as early as possible starting during adolescence based on mental and physical development," the new regulation stipulates.

National Commission for Child Protection (Komnas PA) chairperson Arist Merdeka Sirait said that the new set of rules would guarantee access for teenagers and young women to information about their reproductive health.

"Basically, if it is aimed at the better protection of teenagers, we support it," Arist said. "But, every stakeholder must work together to achieve the maximum results. We don't want the new regulation to remain only on paper," he added.

Source: http://www.thejakartapost.com/news/2014/08/09/govt-praised-protecting-rape-victims.html

Freedom of speech & expression

Supreme court says Indonesian atheist lawfully jailed

Jakarta Globe - August 13, 2014

Jakarta – An Indonesian atheist was lawfully jailed for two-and-a-half years after being accused of blaspheming Islam, the Supreme Court decided in a ruling posted on its website on Tuesday.

The court said it upheld the sentence for former civil servant Alexander Aan, who was found guilty of disseminated a cartoon portraying the Prophet Muhammad and saying on Facebook that "God does not exist."

"The defendant is proven to have spread information which blasphemes the Prophet Muhammad in eleven cartoons," the court said in its ruling.

Alexander, who worked as a civil servant at a local government office in West Sumatra, was beaten by a mob before taken to jail after he posted the status and cartoons.

The Indonesian state requires every citizen to believe in God. The Muaro district court in June 2012 sentenced him to two-and-a-half years in jail and a Rp 100 million ($8,500) fine for inciting religious hatred. The sentence was upheld by the West Sumatera High Court in August 2012.

The case sparked international outrage and Alexander was labeled a prisoner of conscience by Amnesty International. He was released from jail in January this year.

Source: http://www.thejakartaglobe.com/news/supreme-court-says-indonesian-atheist-lawfully-jailed/

Political parties & elections

Prabowo's court move backfires

Jakarta Post - August 15, 2014

Hans Nicholas Jong, Jakarta – The presidential election dispute hearing at the Constitutional Court took an unexpected turn on Thursday as one of the witnesses testified on the alleged involvement of local government heads in mobilizing votes for losing presidential ticket Prabowo Subianto-Hatta Rajasa in Papua.

Nabire Police chief Adj. Sr. Comr. Tagor Hutapea testified via video link that Dogiyai Regent Thomas Tigi had attempted to interfere with vote tabulation by persuading members of the District Election Committee (PPD) to rig the vote in favor of the Prabowo-Hatta ticket.

"During that time, the Dogiyai General Elections Commission [KPUD] chairman, Didimus, told them [the PPD] that if they wanted money, then they could get it from the regent. But the votes must be diverted toward the Prabowo-Hatta ticket," he said.

Tagor added that on the day before the vote tabulation in Dogiyai, the PPK officials declined to submit the election documents, including the C1 recapitulation forms, before their salaries were paid.

"[Then], on July 16, the assistant [to the regent] came to Dogiyai to meet with election organizers." During the meeting, it was agreed that the salary would be raised from Rp 150,000 (US$12.84) to Rp 250,000 per person.

On July 17, Thomas reportedly visited the KPUD headquarters to inform poll officials that they would need to rig the votes if they wanted to get paid. However, the plan backfired after the public got wind of the plan and became upset.

The vote-counting process in Dogiyai then proceeded, despite the fact that the PPD officers had yet to receive their salaries. The PPD officers also warned the Dogiyai KPUD not to alter the results and to keep an eye on the process until it reached the provincial level.

Tagor's testimony came amid the Prabowo camp's incessant accusations of massive and systemic fraud committed by election organizers in Papua in favor of president-elect Joko "Jokowi" Widodo.

Prabowo's legal team member Maqdir Ismail said the testimony was of no consequence. "Even if it's true, it won't affect the results because it happened during the tabulation process," he said.

Elections Supervisory Agency (Bawaslu) chairman Muhammad said that the committee would have to collect additional information before it could act on the fresh allegations. "I believe we need to get all the details first," he said.

The Prabowo camp had been trying to paint Prabowo as the victim of ballot manipulation that secured 100 percent of the vote for Jokowi in some regions in Papua, despite the fact that no voting occurred in 14 out of 29 regencies on July 9.

Several other witnesses presented by Prabowo's legal team have presented dubious claims. One of the witnesses, Novela Mawipa, claimed on Monday that she was just a simple village girl from the mountains who supported Prabowo.

It was later discovered that Novela was a failed legislative candidate and the Gerindra Party chairperson for Paniai regency, Papua. Footage from her frank testimony later went viral on the Internet thanks to her charismatic personality.

Prabowo's brother, Hashim Djojohadikusumo, said on Wednesday that Novela's house had been vandalized by a mob one day after she delivered her testimony. However, Papua police spokesman Sr. Comr. Sulistyo Pudjo denied the claim, saying on Thursday that Novela's house was vandalized before the July 9 balloting.

Source: http://www.thejakartapost.com/news/2014/08/15/prabowo-s-court-move-backfires.html

Party leaders won't be in Jokowi's Cabinet: PDI-P

Jakarta Post - August 14, 2014

Jakarta – An executive of the Indonesian Democratic Party of Struggle (PDI-P) said on Wednesday that no leaders of political parties in its coalition would be nominated for ministerial positions in the Joko "Jokowi" Widodo administration.

Secretary general of the PDI-P Tjahjo Kumolo said that his party chairperson Megawati Soekarnoputri, chairman of the People's Conscience Party (Hanura) Wiranto and chairman of the NasDem Party Surya Paloh would not be appointed as ministers by Jokowi.

Tjahjo said that Jokowi expected that there would be no political appointees in his Cabinet so that ministers would not be hindered in their ministerial work by their duties in running their political parties.

"Whoever is appointed as minister, their focus will be to assist the president," Tjahjo said after accompanying Megawati in an orientation program for the PDI-P's newly-elected councilors at an event in Central Jakarta.

As for the National Awakening Party (PKB), chairman Muhaimin Iskandar said that there would be more talks about his possible appointment. The PKB leadership has been making demands that Muhaimin be included in the line-up for Jokowi's Cabinet.

The Jokowi-Jusuf Kalla candidacy was endorsed by three political parties: the NasDems, the PKB and Hanura with a total of 207 out of 560 seats in the House of Representatives.

At the PDI-P orientation program Megawati told party members who were elected as councilors to remain in their position until their tenure expired. Megawati also warned local PDI-P politicians against using their positions as speakers of local councils to run in local elections.

"Ibu Megawati instructed anyone who was elected as DPRD speakers not to run as regional leader candidates," said Tjahjo. He said that Megawati had the newly-elected councilors sign a pact on the pledge.

More than 900 newly elected councilors from every electoral district in the country where the PDI-P won seats attended the meeting.

Megawati also told the councilors to retain their humility. "I see that most of the participants here are newcomers. I remind you that a legislative position is not something to boast about," she said.

Megawati also told the politicians to work hard to achieve victory in the 2019 legislative election.

The PDI-P won the most seats in the April 9 legislative election after garnering 18.95 percent of the vote or around 23.6 million votes, which translated into 109 seats in the House of Representatives.

In the orientation program, Megawati also warned the politicians not to get involved in corruption and that the PDI-P would not provide legal assistance if they were charged with graft. "We have given enough warnings. Anyone involved in a corruption case is on their own," Megawati said.

Besides Megawati and Tjahjo, other executives of the PDI-P who attended the orientation program included PDI-P faction leader at the House of Representatives Puan Maharani and members of the party's central board Eriko Sotarduga and Ahmad Basarah.

Earlier, Jokowi said that any individuals appointed as ministers in his Cabinet must not have ties to political parties. "We're still discussing this, but I hope anyone who will be appointed minister can sever all ties with their political parties," Jokowi said. (idb)

Source: http://www.thejakartapost.com/news/2014/08/14/party-leaders-won-t-be-jokowi-s-cabinet-pdi-p.html

KPU grilled over ballot box opening

Jakarta Post - August 14, 2014

Hans Nicholas Jong, Jakarta – The Election Organizers Ethics Council (DKPP) grilled members of the General Elections Commission (KPU) on Wednesday over the opening of ballot boxes prior to the election trial at the Constitutional Court.

In a hearing to follow up on a petition filed by the campaign team of losing presidential ticket Prabowo Subianto-Hatta Rajasa, a DKPP panel questioned KPU commissioners, including chairman Husni Kamil Manik, about the decision to open ballot boxes, which the plaintiff alleged in court was evidence of tampering.

Husni responded by saying that the ballot boxes had been opened in anticipation of the lawsuit at the Constitutional Court, where the Prabowo camp has appealed to overturn the presidential election results.

"The KPU needed to prepare all the evidence. The commission then issued letters on July 25, asking all provincial and city KPU offices to prepare answers and evidence," Husni said.

Before the DKPP hearing, he told the media that the election committee had opened the ballot boxes to copy the recapitulation forms.

DKPP panel member Valina Singka Subekti asked Husni how he could guarantee that no tampering had occurred in the presidential election. "This is Indonesia, not Jakarta [that we're talking about]. How can you convince us that the process was accountable?" she asked.

Husni said the KPU had coordinated with provincial KPU offices as well as instructed them to involve the police, election supervisors and witnesses from both presidential tickets when opening the ballot boxes.

"In our letter of instruction, we gave guidelines to the regional KPU branches on how to open the ballot boxes by involving all parties," he said.

KPU commissioner Sigit Pamungkas said the accusation of an ethics breach was based on the assumption that the opening of the ballot boxes was not conducted professionally, transparently and accountably, which was not true. "This is a transparent process, there's nothing to hide," he said.

Valina then asked why the KPU had been in such a hurry to instruct the opening of ballot boxes on July 25, the same day as the Prabowo camp filed its lawsuit at the Constitutional Court.

Husni reasoned that the KPU felt the need to immediately instruct the regional KPU offices to prepare evidence, since there were few effective workdays left before the start of the trial at the Constitutional Court.

"We realized that we needed ample time to prepare our arguments. And on July 25, most of our staff members were already on holiday for Idul Fitri," he said.

KPU commissioner Hadar Nafis Gumay also pointed out how time-consuming it had been to open the ballot boxes. "There are so many things to do and the cost is also huge. There are more than 480,000 [ballot boxes]. Just imagine that," he said.

Hadar said that if the KPU had waited for the court to officially approve the lawsuit, then the commission would have had too little time to prepare evidence.

Source: http://www.thejakartapost.com/news/2014/08/14/kpu-grilled-over-ballot-box-opening.html

Court grills KPU on decision to ignore Prabowo demand

Jakarta Post - August 13, 2014

Hans Nicholas Jong, Jakarta – The panel of justices at the Constitutional Court grilled on Tuesday members of the General Elections Commission (KPU) about why they insisted on wrapping up the national vote tally on July 22 despite a demand from the camp of the losing Prabowo Subianto-Hatta Rajasa presidential ticket to postpone the process.

The inquiries were prompted by complaints from Prabowo's legal team, which accused the KPU of rushing the national vote count in spite of reports of massive and systemic fraud.

"We filed a letter with the KPU to postpone [the process], but it was ignored," said National Mandate Party (PAN) deputy secretary-general Azis Subekti, who was also a witness for the Prabowo team during the national vote tally at the KPU headquarters on July 22.

"They argued that they had to meet the [July 22] deadline as had been stipulated in the KPU's regulation," Azis said.

Azis said that the KPU could have easily changed the regulation, as the presidential election law stated that the KPU must announce the election result in no more than 30 days after the balloting day, which meant the commission actually had until Aug. 9 to finish the process.

Responding to the complaint, court justice Patrialis Akbar then sought clarification from KPU commissioner Ida Budhiati.

Ida said that the KPU decided to wrap up the national vote tallying process on July 22 after securing approval from political parties that contested the 2014 legislative election, as well as the House of Representatives, the government and members of the public.

"During our consultation process with all stakeholders, there were no complaints about the deadline that we set. Also, when we consulted with the House and the government, there was no objection," he said.

The panel of justices also asked whether the KPU issued a new regulation to justify its move to announce the national vote tally result on July 22, a question that the KPU would have to answer in a court session on Wednesday.

Speaking after the hearing, Ida said that the KPU decided to set the July 22 deadline because the tallying process for the presidential election was much simpler than that of the legislative election.

"There were more things that we had to manage in the legislative election," she told reporters. "We also had to measure how much time was needed at each recapitulation stage, from the polling-station level to the national level. So this was related only to the time-management aspect at the regional level."

Ida said that the KPU decided to ignore the Prabowo camp's request after getting no complaints from the ticket's witnesses at the regional level. "Suddenly the problems emerged at the national level," she said.

Association for Elections and Democracy (Perludem) executive director Titi Anggraini said that the Prabowo camp should have made its demand for the extension of the July 22 deadline long before it expired. "If they felt that 14 days wasn't enough, then they could have filed a request long before [the deadline] expired," she said on Tuesday.

Titi said that the KPU did not breach any regulations by sticking to the July 22 deadline. "What's important is for the regulation to be made after consulting with the election participants and that the public is aware of that," she said.

During Tuesday's hearing, the Prabowo legal team proceeded with its claim of "massive and systemic" fraud in the presidential election as it presented witnesses from Papua, North Sumatra, South Sulawesi, North Sulawesi, Central Kalimantan and South Tangerang.

The coordinator of Prabowo's election witnesses in Papua, Dedi Waluyo, said that no balloting had taken place in two districts of Paniai regency. "But when the vote was tallied at the provincial level, the results were available," he said.

Source: http://www.thejakartapost.com/news/2014/08/13/court-grills-kpu-decision-ignore-prabowo-demand.html

KPU stands ground on special voter lists

Jakarta Post - August 12, 2014

Yuliasri Perdani, Jakarta – The General Elections Commission (KPU) appeared strong during a hearing at the Constitutional Court on Monday, with witnesses from Regional General Elections Commissions (KPUDs) giving their assurances that no fraudulent voter mobilization occurred during the July 9 presidential election, as has been alleged by the camp of the losing Prabowo Subianto – Hatta Rajasa presidential ticket.

In its lawsuit to annul the presidential election result, the Prabowo side claimed that there had been "massive and systemic" violations in the form of a mass mobilization of voters who cast ballots using other people's names, via the misuse of additional special voter lists (DPKTb), in provinces such as West Sumatra, Lampung, Jakarta and East Java.

Totok Haryono, a Malang KPUD member, said that based on the recommendation of the East Java Elections Supervisory Agency (Bawaslu), the commission had rechecked the vote result and found no irregularities.

"Based on the recheck, there were no individuals registered at more than one polling station," he said before chief justice Hamdan Zoelfa.

In Malang, 1.98 million citizens registered on the final voter list (DPT) participated in the presidential election, as well as 16,830 citizens who cast their votes outside their residential area, whose names were listed on the DPKTb. Totok added that he had found that no attempts of voter mobilization occurred in the regency.

Another witness, Jember KPUD member Mohammad Syai'in, said that based on assessments at polling stations and district polling committees, there had been no election violations committed by any of the 13,068 voters listed on the DPKTb. "Right up until the preliminary meeting, we did not find that any individual exercised their voting right repeatedly," he said.

Unlike the previous court hearing on Friday that was filled with obscure testimony from witnesses of the Prabowo camp, most of the KPU's 25 witnesses were able to present clear testimony and evidence.

KPU lawyer Ali Nurdin questioned the objections from the Prabowo camp about the significant number of voters listed on the DPKTb.

"The DPKTb aim to protect the constitutional rights of citizens to participate in the election [...] In Central and East Java, there were only three DPKTb voters listed at each polling station, on average," Ali said on the sidelines of the court hearing.

"And please note that in provinces where presidential ticket number one [Prabowo-Hatta] gained victory, the rate of DPKTb voters was quite high, such as in West Java," he added.

Separately, KPU chief Husni Kamil Manik filed a police report early on Monday against Muhammad Taufik, the head of the Jakarta chapter of Prabowo's Gerindra Party, for threatening to arrest him during a protest in front of the court complex on Friday.

Taufik, who has previously been sentenced by the Central Jakarta Court to 18 months in prison for graft, reportedly threatened to deploy tens of thousands of Prabowo supporters to arrest Husni for committing election fraud.

Husni accused Taufik of violating Article 336 on the Criminal Code on threats of violence. "The threat distressed KPU commissioners at a time when we are facing this legal battle," KPU commissioner Arief Budiman said.

Arief shrugged off rumors that Husni's absence at the court hearing was related to Taufik's threat. "He represented the KPU in the hearing at the Election Organization Ethics Council [DKPP]," he said, referring to a hearing regarding a report that was filed by Prabowo's camp on alleged ethics violations committed by the KPU and Bawaslu.

Prabowo camp lawyer Habiburokhman said that some media outlets had misinterpreted Taufik's remarks. "Taufik only urged law enforcers to arrest Husni. He did not mean to take the law into his own hands. Tonight, I will file police reports against several media outlets for publishing slanderous reports and [against] Husni for making a false report," he said.

Meanwhile, Central Jakarta KPUD member Wahyu Dinata admitted that some polling stations did not complete proper documentation of their DPKTb data. As many as 26,370 DPKTb voters nationwide cast their votes on election day. Wahyu, however, noted that the issue had been settled through revotes at the polling stations in question.

"Following recommendations from the provincial Bawaslu, we conducted revotes, such as at Bendungan Hilir polling stations 3 and 5, and Cideng polling station 3. During the revote, we saw a decline in voter participation," he said.

To ensure the safety of KPU members, the Jakarta Police have deployed four officers to protect Husni as well as two officers for each KPU commissioner. Similar security measures have also been implemented for all DKPP members and for Constitutional Court justices until the court delivers its verdict on the election dispute.

Source: http://www.thejakartapost.com/news/2014/08/12/kpu-stands-ground-special-voter-lists.html

Prabowo supporters trust KPU more than him

Jakarta Post - August 11, 2014

Jayapura – Amid growing public disillusionment with the statesmanship of the losing presidential candidate Prabowo Subianto, one of his trusted confidantes has openly declared he will use street justice to punish General Elections Commission (KPU) chairman Husni Kamil Malik.

Muhammad Taufik, who was previously sentenced by the Central Jakarta Court to 18 months in prison for graft, warned the police that Prabowo's supporters would take the law into their own hands if the police failed to abide by his demand for them to arrest Husni for committing election fraud.

Taufik, the chairman of the Jakarta branch of Prabowo's Gerindra Party, said he would deploy tens of thousands of supporters from various regions to stage demonstrations outside the Constitutional Court, where the third hearing of Prabowo's lawsuit will be held on Monday.

"Do not blame us [for arresting Husni] if law enforcers do not enforce the law immediately," said Taufik, who was jailed in 2006 for engaging in corruption in his position as the head of the Jakarta General Elections Commision (KPUD).

Prabowo's camp will present dozens of witnesses before the court on Monday in support of his claim that democracy is much stronger in North Korea than it is in Indonesia, the world's third-largest democracy.

Justices in the court were largely unconvinced on Friday, however, about the reliability of testimony or the honesty and knowledge of witnesses about vote-rigging allegations.

Meanwhile, survey by a major pollster has revealed that a majority of Prabowo's supporters say that the July 9 presidential election was fully in line with democratic principles, and was fair and free.

The supporters have more faith in the KPU than they have in Prabowo's claim that massive and systemic vote rigging occurred in the election.

The national survey, of 1,041 citizens, was released by the Saiful Mujani Research Center (SMRC) on Sunday and showed that around 48 percent of Prabowo's supporters and 51 percent of supporters of his rival, president- elect Joko "Jokowi" Widodo, believe the election was free and fair. Overall, 78 percent of respondents felt the election was well-run.

The survey was conducted from July 21 to 26 with a margin of error of 2.9 percent. The survey found 11 percent of respondents thought there was a degree of fraud but that the election was nonetheless fair.

"Even 48 percent of Gerindra members in the survey said that the election was fair," Djayadi Hanan, research director at the SMRC, told reporters in Jakarta on Sunday.

Only around 2 percent of respondents in total said that the election was overwhelmingly marred by fraud and vote rigging, with only 4 percent of Prabowo's supporters believing this, the survey said.

Djayadi explained that by Prabowo placing himself among this 2 percent his approach could backfire if he did not carefully plan his strategy to gain people's sympathy. "People trust the KPU and the election result," Djajadi added.

Meanwhile, president-elect Jokowi is continuing preparations to lead the country after his swearing-in ceremony on Oct. 20. (ask)

Source: http://www.thejakartapost.com/news/2014/08/11/prabowo-supporters-trust-kpu-more-him.html

Agung Laksono fired as Golkar deputy chairman

Jakarta Post - August 10, 2014

Jakarta – Golkar Party chairman Aburizal Bakrie has reportedly sacked the party's deputy chairman, Agung Laksono. Among factors touted as main reasons for the latter's dismissal are his criticism of the party chairman and his demands for Golkar to hold a national meeting (Munas) in 2014.

Information on the dismissal came from senior Golkar politician Zainal Bintang, who claimed to have confirmed the issue with Agung on Saturday.

"Agung has been dismissed from his position as Golkar deputy chairman. I heard this directly from Agung last night. I phoned him," Zainal said as quoted by kompas.com on Sunday.

He added that Agung had not yet received his dismissal letter as he was out of Jakarta carrying out duties in his capacity as Coordinating People's Welfare Minister. "[Agung] is in Papua. He said he was fired without being consulted first," Zainal said.

Zainal suspected that among the factors that might have triggered Agung's dismissal was his strong criticism of Aburizal's decision to bring Golkar into a Gerindra Party-led coalition that supported the Prabowo Subianto- Hatta Rajasa ticket's presidential bid.

Agung is among the Golkar politicians who have called for a national meeting in 2014.

Internal conflict has been rife in the party since it failed to secure a victory in the legislative election on April 9. Many senior Golkar politicians are said to be disappointed with Aburizal's political maneuvering. A number of party members who have challenged Aburizal's moves have reportedly been threatened with dismissal. (dyl/ebf)

Source: http://www.thejakartapost.com/news/2014/08/10/agung-laksono-fired-golkar-deputy-chairman.html

Prabowo told to get real

Jakarta Post - August 10, 2014

Ina Parlina and Hans Nicholas Jong, Jakarta – Experts have urged losing presidential ticket Prabowo Subianto-Hatta Rajasa to step up their legal game or risk further embarrassing themselves by presenting weak arguments and evidence as well as ineffective witnesses in their Constitutional Court challenge of the results of the July 9 presidential election.

Ray Rangkuti, director of election watchdog organization Indonesian Civil Society Circle (Lima), said on Saturday that Prabowo and his team of lawyers needed to stop grandstanding and start taking the legal process at the court seriously.

"There is still hope as long as the losing presidential ticket, as the plaintiff, really makes effective use of the legal process at the court to defend his case," he said.

Ray suggested Prabowo, his supporters and defense team refrain from making bombastic statements, which he said had been a staple of the former lieutenant general's campaign but were out of place in the courtroom.

"Avoid using bombastic words, rhetoric and vague terms or provocative statements and be more argumentative," he said. "The court is not a stage for agitation."

In the past few days, court justices have criticized underwhelming testimony from witnesses presented by Prabowo's camp. On Friday, the justices were at turns angry and amused by Prabowo's 25 witnesses.

For example, Chief Justice Hamdan Zoelva grew angry at one witness, Rahmatullah Al Amin, who told the court that significant vote-rigging had occurred in Surabaya, but when pressed for details, could only point to a newspaper clipping quoting Surabaya Mayor Tri Rismaharini expressing joy over the Joko "Jokowi" Widodo – Jusuf Kalla pair's lead in the city as evidence. Other witnesses also failed to respond effectively to the justices' questioning.

Bendot Widoyo, a witness from Jepara, Central Java, was unable to elaborate when the panel of justices asked him for more details regarding an allegation of money politics, whereby instant noodles and cash handouts of Rp 5,000 were allegedly distributed to Jokowi supporters. "I don't know, I only received reports from volunteers," he said.

Taufik Basari, one of the lawyers representing Jokowi-Kalla, said Prabowo's petition was weak and his legal team, as well as the witnesses presented on Friday, had failed to present the court with evidence regarding some of their most damning accusations. He said he was convinced the court would throw out Prabowo's legal challenge.

Taufik also said the Jokowi-Kalla legal team could easily gain the upper hand in the case, as it could present witnesses with strong testimonies and could present primary evidence of official election-related documents.

Political analyst Nico Harjanto of Jakarta-based pollster, the Populi Center said that so far Prabowo's legal team had presented a weak case. Nico added it was clear the witnesses could only present second-hand observations of alleged fraud. "They should have witnessed [the fraud] with their own eyes," he said on Saturday.

The court heard testimony from 25 witnesses from the Prabowo-Hatta camp on Friday before adjourning. The court will reconvene Monday. Firman Wijaya, a legal representative for the Prabowo-Hatta camp, said his team would step up its game on Monday.

"First, testimony from the witnesses will be adequate to support a cross- examination of evidence. And second [we will provide] technological evidence, that for example that will prove the reliability of voter numbers in an electoral area through a demographic calculation," he said.

Source: http://www.thejakartapost.com/news/2014/08/10/prabowo-told-get-real.html

KPU urges Constitutional Court to throw out Prabowo's election challenge

Jakarta Globe - August 9, 2014

Erwin Sihombing & Yustinus Paat, Jakarta – Indonesia's election commission is demanding the Constitutional Court to reject the legal challenge filed by losing presidential candidate Prabowo Subianto against the election result, saying that the provided evidence and arguments failed to support the claim of massive allegations.

As the Constitutional Court (MK) held the second hearing of the case on Friday, Ali Nurdin, a lawyer representing the General Election Commission (KPU), said the Prabowo team failed to explain how the alleged "structured, systematic and massive" cheating had taken place – specifically how KPU officials allegedly committed the crime and how it benefited winning rivals presidential candidate Joko Widodo and his running mate Jusuf Kalla.

"The plaintiff didn't explain exactly who has been involved and how the violations took place. [The allegations] are vague and unclear," Ali said, before the panel of nine justices at the court. "The lawsuit doesn't meet the requirements. The court should reject it."

Ali also protested the addition of new materials by the legal team of Prabowo and his running mate Hatta Rajasa, after the court ordered them during the first hearing on Wednesday to fix their lawsuit – citing "unconvincing, vague" arguments and irrelevant evidence, aside from spelling errors.

Ali said the new materials, rather than supporting previous claims, expanded the allegations instead. "The improvements should be made in line with the previous claims. This is important so that both plaintiff and defendant will have the same allocation of time [to compose their arguments]," Ali said.

Another lawyer with the KPU, Adnan Buyung Nasution, was concerned that the new materials would reduce the time that the KPU had to gather evidence to counter the plaintiff's accusations.

"We request a time [limitation] for adding new materials," Adnan said, adding that the MK would do injustice if they kept proceeding with the lawsuit despite insufficient evidence.

The MK, meanwhile, allows the KPU to open sealed boxes storing the ballots to gather evidence to defend themselves, after the Prabowo-Hatta team's protest on the matter, alleging KPU officials of attempting to modify the boxes' contents.

"We're asking the MK to declare [the ballot box opening] illegal, and documents [retrieved from the boxes] as invalid evidence," a lawyer for Prabowo-Hatta, Didik Supriyanto, said at the beginning of Friday's hearing.

On Friday afternoon, though, chief justice Hamdan Zoelva ruled, "We give permission to the defendant to take documents out of sealed ballot boxes so that they may use those as evidence in the MK trial, under the conditions that – among others – they must invite representatives from both tickets, as well as from election supervisory committees, to witness the ballot box opening."

The Election Supervisory Body (Bawaslu) defended the KPU's move to open the boxes. "Bawaslu can honestly understand why the KPU needs to open the boxes, because those contain documents that they can use as evidence, as long as witnesses appear during the opening to ensure authenticity of documents – meaning no adding or reducing of anything," Bawaslu commissioner Nasrullah said at the hearing. "And along with Bawaslu's watch of the process, our friends at the KPU haven't done anything to add or reduce the figures."

'Imaginary'

Friday's hearing also featured 24 witnesses from the Prabowo camp – the court does not allow the appearance of all 2,000 witnesses which the camp claimed to be standing by in Jakarta to support Prabowo at anytime – to testify.

The 24 witnesses came from Jakarta, Central Java and East Java – among several provinces where the Prabowo team has demanded revoting.

Taufik Basari, a legal representative for the Joko-Kalla camp, said, though, that many of the witnesses' testimonies were without merit because they were what he referred to as "de auditu testimonium".

"'De auditu' means they explain reports or statements from other people, instead of witnessing and experiencing the events themselves," Taufik told reporters on the sidelines of the hearing. He said he hoped that that would convince the court to reject Prabowo's legal challenge.

One of the witnesses irked chief justice Hamdan during the hearing after delivering such a testimony. "The media once reported the Surabaya mayor as saying that [Joko-Kalla] would win, and it's true they later won," Alamin, a resident of East Java, said. "That can't be used as evidence. The media can be wrong, or correct," Hamdan told the witness. "That's enough, don't quote the media."

But Alamin insists on his evidence. "Here, I have the proof, Mr. Justice, I have a clipping of the media reports." "When I said enough, it's enough. Or I'll kick you out [of the courtroom]," Hamdan warned him, which rendered the witness, who returned to his seat, silent.

An attorney for the Joko-Kalla team, Sira Prayuna, called the Prabowo team's massive cheating allegations "imaginary." Prabowo's team has alleged up to 24 million "problematic" votes – composed of 22 million across the nation plus nearly 2 million in Papua and West Papua – as a result of the so-called structured and systematic cheating.

"Who exactly are the perpetrators of the 'structured, systematic and massive' cheating, and how have they done that?" Sira asked the court. "And where did the plaintiff get that 22 million figure from? That's just a product of their imagination."

At the same time, the Prabowo-Hatta team says that according to their own version of the tally, the election result should be 50.25 percent for Prabowo-Hatta and 49.75 percent for Joko-Kalla.

That means a vote gap of merely 700,000 votes, far below the 8.4 million vote gap stated by the KPU – let alone the allegedly problematic 24 million votes.

'No massive fraud'

Outside the court, Bawaslu member Nelson Simanjuntak said its board found no indications of massive fraud in the July 9 presidential election during its scrutiny of the process. The allegations in the lawsuit filed by Prabowo-Hatta to the court, according to Nelson, had not been previously submitted to Bawaslu.

"Bawaslu hasn't found any of those so-called systematic, structured, and massive fraud in the presidential election. To date, Bawaslu has never received any reports concerning the allegations," Nelson said.

He added that if there were any irregularities, Bawaslu and its regional branches – called Panwaslu – would correct the process immediately. "We would have given sanctions if there was a violation. We do that for the sake of a democratic presidential election," he said.

Nelson added that, in fact, most regional leaders supported Prabowo-Hatta. "We've found a few regional leaders trying to influence voters. It happened in Central Java and Maluku. It wasn't much, but Bawaslu has acted on those," he said.

Nelson further added Bawaslu had overseen the step-by-step vote counting and recapitulation process by the KPU, and found no indications of the massive fraud allegations. The election has been organized democratically, he added.

Separately, the Election Organizers Ethics Council (DKPP) kicked off its own trial on Friday concerning the same case, also filed by Prabowo-Hatta against the KPU and Bawaslu. The first hearing of the case heard introductory statements by representatives of each party involved, and the second is scheduled for Monday.

DKPP chief Jimly Ashiddiqie told the plaintiff to present the case well. "We have no need to summon the presidential candidate [Prabowo]. But his team must work neatly on the lawsuit. Their allegations should be made clear, and they must be able to show the evidence," Jimly, a former chief justice of the Constitutional Court, said at the DKPP hearing.

He told the Prabowo-Hatta camp not to amass their crowd outside the council's office in Jakarta. "That isn't healthy. That wouldn't draw the judges' sympathy," Jimly said. "There is no need to stage protests. Those can be counterproductive. The judges would think it an attempt to intervene."

Source: http://www.thejakartaglobe.com/news/kpu-urges-constitutional-court-throw-prabowos-election-challenge/

Police complaint made against pro-Prabowo pollsters

Jakarta Globe - August 9, 2014

Bayu Marhaenjati, Jakarta – A legal pressure group said on Friday that it had made a police complaint against four polling organizations on the grounds they had subverted data to show Prabowo Subianto ahead in the July 9 presidential election.

"We met Jakarta Police as a follow up to our report – to clarify what we've reported," chairman of Jakarta Legal Aid and Human Rights Association (PBHI Jakarta) Poltak Agustinus Sinaga said on Friday, adding that two of PBHI members had been questioned as witnesses. Jakarta Police were not immediately available for comment.

Poltak said that he expected the police to investigate the reports of data manipulation by the Center for Policy Studies and Strategic Development (Puskaptis), National Survey Institute (LSN), Indonesia Research Center (IRC) and Indonesian Survey Network (JSI).

"This is an opportunity for police to win public trust by investigating this to its root," Poltak said. "People deserve to receive accurate information."

Not long after the polling stations closed on Jul. 9 election, four polling bodies released quick count results, which showed Prabowo Subianto fractionally ahead. Their quick count results were markedly different to seven pollsters that showed Joko Widodo ahead by around 6 percentage points.

The official tally released by the General Election Commission (KPU) later showed Joko Widodo had won the election by 53.15 percent to 46.85 percent.

Poltak said he had submitted evidence to police and wanted the agencies investigated under the 2008 Law on Public Information and a 2008 Law on Electronic Information.

Source: http://www.thejakartaglobe.com/news/police-complaint-made-pro-prabowo-pollsters/

Prabowo loses first legal battle

Jakarta Post - August 9, 2014

Ina Parlina and Hans Nicholas Jong, Jakarta – Supporters of the losing presidential ticket Prabowo Subianto-Hatta Rajasa threatened to besiege the Constitutional Court on Monday to force the General Elections Commision (KPU) chief Husni Kamil Malik to face "tens of thousands of Prabowo's supporters".

Meanwhile, inside the court, Prabowo suffered his first defeat in his legal efforts to annul the results of the July presidential race, as the court rejected his camp's demand to punish the KPU for opening previously sealed ballot boxes without an order from the court.

"On Monday, we will besiege him [Husni]. We will deploy masses, even up to tens of thousands of supporters," Muhammad Taufik, the head of the Jakarta chapter of Prabowo's Gerindra Party, told Prabowo supporters outside the court.

"To make Husni Kamil Manik face us, the supporters and volunteers of Prabowo-Hatta," said Taufik, who was fired as the Jakarta General Elections Commission chief in 2006 after committing graft while in office.

Prabowo, his supporters and defense team often issue bombastic statements. Prabowo had demanded the court declare the KPU's decision to open the ballot boxes as unlawful.

"They opened the ballot boxes to get the evidence without a court order, so that evidence cannot be used," said Didi Supriyanto, one of the Prabowo team's lawyers.

However, the court decided during the hearing that the KPU was allowed to open the ballot boxes to obtain evidence as long as the opening was observed by witnesses from both presidential tickets and election supervisors. "They also had to ask for the police to guard [the opening of the ballot boxes]," Chief Justice Hamdan said.

As for the ballot boxes being opened before the decision was made, the court would decide on whether that violated the law or not in its final verdict on the presidential election dispute, Hamdan added.

During Friday's session, the court justices were alternately angered and amused by Prabowo's 25 witnesses. Prabowo's lawyers had expected the witnesses to be able to support Prabowo's claims about massive vote rigging during the July 9 presidential race.

Chief Justice Hamdan Zoelva was angered by one witness, Rahmatullah Al Amin, who confidently told the court that massive cheating occured in Surabaya – To support his allegation however he was only able to provide a copy of a newspaper, which quoted Surabaya Mayor Tri Rismaharini as expressing her joy because the Joko "Jokowi" Widodo-Jusuf Kalla pair was leading in the city.

Rahmatullah wept when Hamdan threatened to eject him from the court. "It is enough," said Hamdan.

Some of the witnesses appeared to be cornered by the justices for failing to give adequate arguments.

"Were you there at the polling station?" Justice Ahmad Fadlil Sumadi asked while questioning Purwanto, a witness at the local recapitulation at Sidoarjo regency in East Java, who had told the bench about manipulation at a polling station there. "How could you tell if you weren't there?" "It was from the data of our team," Purwanto replied.

In the second court session, the KPU rejected the arguments in the petition made by the losing presidential ticket against the election results, describing them as "vague and obscure".

Ali Nurdin, one of lawyers representing the KPU, told the court during the hearing that Prabowo's team of lawyers failed to provide strong arguments to support their claims of "structural, massive and systematic" violations during the election process.

"'Structural, massive and systematic' means it was by design, done collectively and systematically by the election organizers. However, the petitioners have not elaborated on who was involved in the allegations and what kind of violations they were," Ali said. "Those claims have no legal basis and are not based on facts."

Separately, the Election Organization Ethics Council (DKPP) held the first hearing into reports of alleged ethics-code violations committed by officials of the KPU and the Elections Supervisory Agency (Bawaslu), at which Prabowo's camp also brought up the ballot-box issue.

Source: http://www.thejakartapost.com/news/2014/08/09/prabowo-loses-first-legal-battle.html

Media & journalism

Policing structure blamed for halted probe

Jakarta Post - August 15, 2014

Bambang Muryanto, Yogyakarta – The Indonesian Islamic University's Center for Human Rights Studies (Pusham UII) has said that the Yogyakarta police's failure to reveal the murderer of journalist Fuad Muhammad Syafruddin, pen name Udin, 18 years ago was due to internal structural constraints.

Udin was beaten by unidentified people on Aug. 13, 1996 at his home in Bantul, Yogyakarta and he died three days later in hospital without regaining consciousness.

"The police have been reformed, but the esprit de corps is the difficult part [to change]," Pusham's director Eko Riyadi said during remarks at the launch of a graphic novel about Udin's murder case at the center's office on Wednesday.

Eko said that based on various people's reports, there were indications of alleged involvement by police and military personnel in the murder case.

He also said that Pusham UII believed Udin was murdered because of his news stories that strongly criticized the Bantul regency administration, which at that time was in his coverage area.

Eko also said the case could be categorized as a violation of human rights because the murder eliminated Udin's right to express himself. The police in this case could be considered to have committed a violation by omission for letting the perpetrators or masterminds go free.

Many have expressed concern over the possibility that the case would be considered as having expired this year according to Article 78 of the Criminal Code. "We refuse to accept the case as having been expired because the police have never conducted an investigation into the case," Eko said.

The police once named Dwi Sumaji, alias Iwik, as a suspect in the case but the Bantul District Court acquitted him because of a lack of evidence. Ever since then no new suspect has been named by the police.

The same refusal that the case should expire has come from a focus group discussion (FGD) on the subject organized jointly by Pusham UII, the Yogyakarta Legal Aid Institute (LBH) and the Alliance of Independent Journalists (AJI), Yogyakarta branch.

"We agreed that since the case is a violation of human rights that it has no expiry date," said participating law expert Puguh Wendrawan of Pusham UII.

The rights violation aspect of the case, according to Puguh, were that there was an effort to silence Udin as a citizen from expressing his thoughts through the news he wrote and the inability of the police as law enforcers to protect citizens.

Separately, AJI Yogyakarta chairman Hendrawan said the results of the FGD would be handed over to the Yogyakarta police with the hope that it would open the police's minds regarding the case and thus move the force to resume the investigation.

Source: http://www.thejakartapost.com/news/2014/08/15/policing-structure-blamed-halted-probe.html

Activists demand resolution to Udin murder case

Jakarta Post - August 13, 2014

Bambang Muryanto, Yogyakarta – Dozens of activists are urging president- elect Joko "Jokowi" Widodo to resolve various human rights abuse cases, including the murder of Bernas daily journalist Fuad Muhammad Syafruddin (Udin), which took place 18 years ago.

The activists are united under the Prep Committee of the Establishment of Democracy and Human Rights Fighters Family Forum (KP3KPD).

"The president-elect, with his power, could summon the National Police chief and ask about the case's development in order to shed some light on the case," the forum's deputy head, Erwin Razak, said Tuesday during a visit to Udin's family house in Gedongan hamlet, Bantul, Yogyakarta.

Udin was tortured by unidentified individuals at his home in Bantul, Yogyakarta, on Aug. 13, 1996. He did not regain consciousness and died three days later at the Bethesda Hospital, Yogyakarta.

The police named Dwi Sumaji, alias Iwik, a suspect, but the Bantul District Court dismissed the case on Nov. 27, 1997 due to a lack of evidence.

Based on an investigation conducted by a team of Bernas journalists, Udin was strongly believed to have been murdered by individuals involved in a corruption case he was covering in Bantul.

In February of this year, the Alliance of Independent Journalists (AJI) presented to police a document listing 26 individuals allegedly involved in the killing of Udin, requesting that the department launch a fresh probe into the unsolved murder.

To date, the police have yet to arrest the murder suspects. Based on the Criminal Code, a case can be closed if police fail to find the perpetrators 18 years after the crime. This has prompted alarm among activists "It's very unwise to close this case without resolution," Erwin said.

Yogyakarta chapter AJI head Hendrawan Setiawan said he strongly rejected the closure of the Udin murder case. "It is unacceptable to consider this [murder] case as expired because the police have not worked on the case," he said.

He added that should the case fail to be resolved in court, it would set a bad precedent for future cases of violence against journalists. "We hope the younger generation who may not have known about the case when it happened will be willing to continue this struggle [to get the case resolved]," he said.

Hendrawan said that the AJI had taken several measures, such as reporting the case to the National Police Commission (KKN), the Presidential Advisory Council, the National Commission on Human Rights (Komnas HAM), the United Nations (UN) and the International Federation of Journalists (IFJ), but to no avail.

Separately, KP3KPD activist Unang Shio Peking said his forum would form volunteer groups that would campaign for the resolution of Udin's case in villages.

"We hope the struggle to resolve Udin's case will continue so that the case not only belongs to journalists and activists, but also to the public in general," Unang said.

During an event, Bantul artist Sigit Sugito read a poem entitled "18 years (Ode for Udin)". Activists and Udin family members then visited Udin's grave, which is located close to his parents' home.

On several occasions, the Yogyakarta Provincial Police have reported that they were still working on the case. Yogyakarta Police spokesperson Adj. Sr. Comr. Anny Pudjiastuti said the police continued to take the case seriously and would follow up on any new leads.

However, the police declined to provide details on the development of the case. Since Udin's death, there have been 15 different Yogyakarta Police chiefs.

Source: http://www.thejakartapost.com/news/2014/08/13/activists-demand-resolution-udin-murder-case.html

Environment & natural disasters

Residents protest water pollution

Jakarta Post - August 11, 2014

Makassar – Hundreds of residents from Harapan and Pasi-Pasi villages in East Luwu regency, South Sulawesi, have staged a protest against nickel mining company PT Vale Indonesia for allegedly polluting the Lampia Sea with an oil spill.

Residents even closed down Mangkasa Point harbor a few weeks ago to stop the spillover. Local resident and fisherman Muzakkir said that he has seen declining catches ever since the incident and demanded that the company take responsibility for its actions.

"The environment that fed us has been contaminated. If this situation continues, how can we feed our families? We want the management of PT Vale Indonesia and the East Luwu administration to be responsible for this," Muzakkir said as quoted by tempo.co on Sunday.

He said that the oil spill had also affected the nearby beach with its strong smell and black residue.

The company's president director, Nico Canter, said that residents should not resort to physical actions in the matter as the company has always been open to discussing the issue.

In a statement made available to the press, Canter said the company respected the residents' right to express their opinions in public but hoped that they stopped roadblocking facilities at Mangkasa Point harbor. "We are open to dialogues to talk about the best solution," he said.

East Luwu Police chief Sr. Adj. Rio Indra Lesmana said that the police were still investigating the pollution of the Lampia Sea.

Source: http://www.thejakartapost.com/news/2014/08/11/residents-protest-water-pollution.html

Greater effort needed to oppose Benoa Bay reclamation

Jakarta Post - August 9, 2014

Luh De Suriyani, Denpasar – Customary villages, members and leaders of communities have been called on to stage major protests against the planned massive project to reclaim Benoa Bay to make way for the development of world-class entertainment and tourist-related facilities.

Huge posters and banners are being placed in villages adjacent to Benoa Bay urging the Bali provincial government and investors to stop their development plans.

Initiated by ForBali, which stands for Forum Rakyat Bali Tolak Reklamasi (Balinese Forum Against Reclamation), hundreds of community members, NGOs, university students as well as musicians staged a rally at Puputan Renon public park on Friday morning.

Carrying posters and banners with bold designs and colors, the protesters started their speeches saying that the reclamation project, supported by the Bali government and President Susilo Bambang Yudhoyono's administration, would badly affect the living conditions of the local people, as well as the environment.

"We need a more concerted effort and movement to act against the investor's plan," said a representative from the group.

Nyoman Wada, a resident of Kelan village in Benoa and chair of Benoa Fishermen's Club, said his village was located near Benoa Bay. "We will be the first village to be affected by any natural disaster when the reclamation takes place," Wada said.

PT Tirta Wahana Bahari International (TWBI) had earlier proposed the reclamation of the Benoa Bay conservation area covering around 838 hectares. The company commissioned a team from Udayana University to conduct a study on the project that found it unfeasible. Another study conducted by Conservation International (CI) also revealed that the planned project would cause environmental disasters, including flooding.

Located under the jurisdiction of Badung and Denpasar, Benoa Bay has a bright business future.

Despite the numerous protests, President Yudhoyono issued Presidential Regulation No. 51/2014, which permitted the reclamation. The regulation has twisted spatial planning by redesignating Benoa Bay as a business site from previously being designated as an environmental buffer zone and green-belt area.

I Wayan "Gendo" Suardana, coordinator of ForBali, said villagers and community leaders should put up a strong front against reclamation.

"It was such a pity that SBY [President Yudhoyono] issued the presidential regulation in the last months of his tenure to smoothe this reclamation project," Gendo said. A business tycoon reportedly owns PT TWBI.

Numerous artists grouped under Nosstress and the Bull Head performed with their bands, voicing their protests against the reclamation, the government and the investor.

Posters voiced people's aspirations in creative ways. One poster designer, Alit Ambara, created a huge poster that said "Batalkan Perpres 51/2014" (revoke Presidential Regulation No 51/2014).

Students from the Indonesian Hindu Institute (UNHI) in Denpasar performed a kecak dance that told the story of the fight against the reclamation.

Source: http://www.thejakartapost.com/news/2014/08/09/greater-effort-needed-oppose-benoa-bay-reclamation.html

Health & education

MoU to revitalize Indonesia family planning program

Jakarta Post - August 10, 2014

Rita A. Widiadana, Sanur – The Indonesian government, through the National Population and Family Planning Board (BKKBN), signed a memorandum of understanding (MoU) with the Johns Hopkins Bloomberg School of Public Health, in Sanur, Bali, on Saturday to revitalize the national family planning program, which has been stagnant for the last few years.

The total budget set under the MoU is US$40 million for four years.

BKKBN chairman Fasli Djalal represented Indonesia at the MoU signing, and said that the agreement would create new momentum to reactivate family planning in Indonesia, as the country also welcomes new leadership.

"[The family planning] program fell short following the reform era. It was not placed as a major priority in the development programs of the post- reform administrations," Djalal told The Jakarta Post after the signing. Family planning enjoyed its heyday in the early 1980s and 1990s in Indonesia.

The enactment of the decentralization policy worsened the situation, as the BKKBN did not have the authority to monitor the program at the regional level, Djalal said.

"Not all provincial and regional administrations continued the once-robust family planning programs in their respective areas. The result was dismaying. The National [Socioeconomic] Survey, Susenas, showed the country's swelling population reached 237.5 million people in 2012 with high fertility growth and the low rates of family planning services in certain areas in Indonesia," he said.

Johns Hopkins Bloomberg School of Public Health dean Michael J. Klag said in his keynote speech that the MoU would strengthen the long cooperation between the school and the BKKBN.

"Johns Hopkins Bloomberg School of Public Health, through its various arms such as the Bill & Melinda Gates Institute for Population and Reproductive Health, the Center for Communication Programs, affiliated institutions like Jhpiego, and others, have had a long and fruitful history working with the Indonesian government, specifically with BKKBN and civil society groups," Klag said.

Under the MoU, the school will provide financial and technical assistance covering four areas. The school will co-host the fourth International Conference on Family Planning, set to be held in Jakarta on Nov. 9-12, 2015.

"We expect more than 3,000 delegates worldwide to come and join this premier gathering of experts, advocates, policy makers and leaders," he added.

The school will also conduct a monitoring survey using smartphone technology and local enumerators to gather data on family planning and family welfare indicators related to the Family Planning 2020 goals. Expanding local advocacy approaches based on learnings from the Advance Family Planning project to more districts across the country is another focus area.

The partnership started in 1985 with the "Condoms 25" contraception program. The campaign combatted the taboo of buying condoms among members of the public by introducing a two-and-five finger gesture.

It also covered other initiatives such as the Lingkaran Biru (Blue Circle) program, Bidan Delima midwife program, Desa Siaga (Alert Village), Suami Siaga (Alert Husband) and various other innovative programs.

Nina Sardjunani, deputy minister for human resource development and cultural affairs at the National Development Planning Board (BAPPENAS), said family planning was more than birth control and health programs.

"The program involves quality human resources development, poverty alleviation and other social aspects," she said.

She said empowering regional administrations across Indonesia was important. According to Nina, regents and governors must realize that family planning is a crucial part of any development program.

"How can they provide healthcare services to their rocketing numbers of residents? It would be hard for them to provide jobs, education and health care if they have unskilled, unhealthy and uneducated human resources. Family planning is a means to improve the living conditions of Indonesian people," Nina said.

Source: http://www.thejakartapost.com/news/2014/08/10/mou-revitalize-ri-family-planning-program.html

Graft & corruption

President's son in $200k bribery allegation

Jakarta Globe - August 15, 2014

Novianti Setuningsih, Jakarta – A key witness has alleged that Edhie Baskoro Yudhoyono, the youngest son of President Susilo Bambang Yudhoyono, took a $200,000 backhander from a slew of "dirty projects" handled by Anas Urbaningrum, the former Democratic Party chairman currently standing trial for corruption.

Yulianis, a former close aide to Anas, testified at the latter's trial on Thursday that Muhammad Nazaruddin, the former Democrat treasurer, handed the money to Edhie in April 2010, a month before the party congress that saw Anas elected party chairman – allegedly by buying votes from scores of party officials.

"Before the congress, Nazaruddin gave money to Andi and to Edhie," Yulianis told the Jakarta Anti-Corruption Court, referring to Andi Mallarangeng, Anas's rival at the congress for the Democrat chair. She added that the payments had been authorized by Anas.

Edhie at the time held an influential position as chairman of the steering committee for the congress. Anas named Edhie the Democrat secretary general, the number two post in the party, shortly after he won the party chair.

This is not the first time Edhie has been alleged to have taken a bribe in connection with the congress, which Anas is accused of having rigged with the aid of a Rp 100 billion ($8.5 million) kickback from state-owned constructor Adhi Karya in exchange for helping it win a Rp 2.5 trillion government contract to build a sports center in Hambalang, Bogor.

Anas made an identical allegation against Edhie in March this year, and called on antigraft investigators to question the president's son.

Yulianis, the former deputy finance director at the Permai Group, an umbrella corporation for a string of shell companies allegedly used by Anas and Nazaruddin to snag government contracts, previously said that the money given to Edhie and Andi came from these "dirty projects."

"It was dirty money, because all the projects – all the money linked to the Permai Group – was dirty; these were projects that were being investigated by the authorities, all of them," she said in December last year.

Edhie has previously denied any wrongdoing in connection with either the party congress or the Hambalang case.

Nazaruddin was in 2012 convicted of rigging the awarding of a contract to build an athletes' village for the 2011 Southeast Asian Games, for which he is currently serving a seven-year sentence.

Andi was last month sentenced to four years in prison for his role in the Hambalang scandal, while Anas faces corruption charges in the same case that could land him in prison for up to 20 years.

Yulianis has not been charged, in exchange for cooperating with investigators tracking the flow of the dirty money through the Permai Group. Her testimony has been instrumental in sending several senior Democrats and their associates to jail, including Nazaruddin's wife, Neneng Sri Wahyuni, and Angelina Sondakh, a former deputy secretary general of the party.

Sutan Bhatoegana, a senior Democrat legislator, has been charged in the Hambalang case, though has not yet been detained. Edhie has yet to be questioned by investigators.

Source: http://www.thejakartaglobe.com/news/presidents-son-200k-bribery-allegation/

Selecting new deputy commissioner a waste of money, KPK insists

Jakarta Globe - August 13, 2014

Novi Setu, Jakarta – Leaders of the Corruption Eradication Commission (KPK) insist that commissioner Busyro Muqoddas does not need to be replaced, saying that the committee the government has appointed to select candidates will be wasting money.

The anti-graft body says it sent an official letter to President Susilo Bambang Yudhoyono about the matter, but to no avail.

"The KPK has sent a letter two months ago... but there has been no reply until now. And then suddenly, there's this selection committee," KPK deputy chairman Bambang Widjojanto said on Tuesday. "We've explained that the remaining team is ready and able to lead the KPK for the next year, after Busyro leaves."

The remaining four KPK leaders – one chairman and three deputies – would have no problems running the organization, Bambang said, adding that Busyro's replacement would only serve for one year.

Yudhoyono formed a selection committee to find Busyro's replacement last month. The four-year tenure of Busyro, who was appointed in 2010 to replace Antasari Azhar, will end in December. The other four KPK leaders – chairman Abraham Samad and deputies Bambang, Zulkarnain, and Adnan Pandu Pradja – were appointed in 2011 and still have one year to serve.

Bambang said it would make more sense if the House of Representatives would simply appoint a candidate who passed the previous commissioner selection process.

"If it's only for a year, just take the candidate who the House ranked beneath Zulkarnain," Bambang said. "It would be more efficient."

Zulkarnain agreed. "In 10 months' time there will be another selection committee for the 2015-19 period. Selecting one person will require the same amount of effort and cost as selecting five people," he said on Tuesday.

Adnan said another option was to extend Busyro's tenure. "Ideally, Busyro's tenure should be prolonged, to cut costs," the deputy chairman said, stressing the need to save money where possible. "We haven't reached the fiscal target and government agencies and ministries' budgets are being cut."

Source: http://www.thejakartaglobe.com/news/selecting-new-deputy-commissioner-waste-money-kpk-insists/

KPK scolds Yudhoyono for replacement plan

Jakarta Post - August 13, 2014

Haeril Halim, Jakarta – Corruption Eradication Commission (KPK) leaders on Tuesday lambasted President Susilo Bambang Yudhoyono for insisting on establishing a selection committee to replace outgoing commissioner Busyro Moqoddas, who is slated to wrap up his term in December.

KPK deputy chairman Bambang Widjojanto questioned the President's intention to form the committee despite the antigraft body's formal objection earlier submitted to the State Palace and the Law and Human Rights Ministry.

"We wrote a formal letter [to the President and] the ministry two months ago, but we didn't get a response. We are surprised to find out that the committee has already been established," Bambang told The Jakarta Post on Tuesday.

Busyro's term will end one year ahead of the other four KPK leaders – current chairman Abraham Samad, commissioners Bambang, Adnan Pandu Praja and Zulkarnain – who all began their terms in 2011, one year after Busyro was elected commissioner in 2010.

The government argues that the replacement is mandated by KPK law that stipulates the maximum term of a member is four years. The law also mandates the government to carry out a selection process if a commissioner's term is to end.

The KPK suggests the government let Busyro remain at his post until 2015, when the rest of the leaders' tenures are up.

"We, the remaining four, could carry out our duties well until our tenures end. But, if the government insists on replacing Busyro then it can pick a candidate from the previous selection process in 2011. This is more efficient than going through another selection process," Bambang said. KPK chief Abraham Samad expressed similar optimism.

Yudhoyono, whose administration is slated to end in October, has appointed Law and Human Rights Minister Amir Syamsuddin to lead a committee of nine members to select Busyro's replacement. While Amir's term ends in two months, a selection process usually takes three to six months.

Bambang Soesatyo, a lawmaker from House of Representatives Commission III overseeing legal affairs, deplored Yudhoyono's decision to form the committee, adding that Yudhoyono's insistence could be interpreted by the public as a way to install a "preferred" candidate to safeguard his personal interests after he leaves the State Palace.

"Another alternative the government can opt for is to extend Busyro's tenure until 2015, so that the government could select all five KPK commissioners at once in 2015," Soesatyo said.Responding to Soesatyo, Amir said there was no legal basis that allowed the tenure extension of a KPK commissioner.

According to the presidential decree that set up the team, Amir will work with former KPK commissioner Erry Riyana Hardjapamekas, former KPK advisor Abdullah Hehamahua, former rector of the Indonesian Institute of Police Science (PTIK) Farouk Muhammad, junior attorney general for special crime Widyo Pramono, the Law and Human Rights Ministry's human rights protection director general Harkristuti Harkrisnowo, State Islamic University (UIN) rector Komaruddin Hidayat, University of Indonesia (UI) sociologist Imam Prasodjo and UI management science professor Rhenald Kasali to select potential candidates to replace Busyro.

Source: http://www.thejakartapost.com/news/2014/08/13/kpk-scolds-yudhoyono-replacement-plan.html

Terrorism & religious extremism

Clerics reluctant to disclaim ISIL ideology

Jakarta Post - August 13, 2014

Hasyim Widhiarto, Jakarta – A group of hard-line clerics have called on Muslims in Indonesia not to support the Islamic State of Iraq and the Levant (ISIL), accusing the militant rebels of promoting a hidden agenda that has tarnished the image of Islam.

Speaking at a discussion on Monday evening, former commander of the now defunct Laskar Jihad paramilitary group, Ja'far Umar Thalib, said Indonesian Muslims should be wary of news regarding ISIL from Western sources and recommended seeking alternative views regarding the conflict in the Middle East.

"We can't rely on foreign media for information that is related to the interests of Muslims. In this era of globalization, it is possible for us to contact clerics or other Muslims for updates on the ongoing conflict in the Middle East," said Ja'far, who played a role in the bloody conflict between Muslims and Christians in Maluku province in the late 1990s.

Muslim cleric Abu Rusdan, who was sentenced in 2004 to three-and-a-half years in jail for harboring one of the perpetrators of the 2002 Bali bombings, also called on Muslims in the country to be cautious about ISIL, warning the group could be the creation of the local media.

Rusdan, whose father Haji Moh. Falef from Kudus, Central Java, was arrested for his alleged involvement in commando jihad warfare in the early 1980s, questioned the local media's decision to consistently place ISIL in the headlines.

"The ISIL-endorsed imamah [political leadership of Muslims] is actually not a basic foundation in Islam. So, there's no need for the media and the public in general to glorify this [ISIL] issue," he said.

Abu Rusdan said that Indonesia is the only country in Southeast Asia where ISIL receives so much attention, especially on social media.

ISIL, who also refer to themselves as the Islamic State (IS), is an extremist militant group that is currently engaged in armed conflicts in Syria and Iraq with the hope of establishing a caliphate. The group recently gained wide recognition in Indonesia, the world's largest Muslim- majority country, when a video of two Indonesians endorsing the group went viral on the Internet.

Last week, the police's Densus 88 counterterrorism unit arrested Afif Abdul Majid, a leader of Islamist group Jamaah Ansharut Tauhid (JAT), who has allegedly declared allegiance to ISIL along with firebrand cleric and JAT co-founder Abu Bakar Ba'asyir at the Nusakambangan Penitentiary on Nusakambangan Island.

The Monday meeting of Muslim clerics, organized by the Indonesian Afghan Alumni Communication Forum (FKAAI), was initially scheduled to issue a formal declaration from the meeting participants – many of whom fought in the Afghanistan war – denouncing ISIL. The declaration, however, was canceled due to disagreement from some participants.

Islamic People's Forum (FUI) secretary-general Muhammad Al Khathath, for example, urged meeting participants to focus more on discussing the future of Islamic movement in the country instead of judging the merits of ISIL.

"If there is solid evidence that there is a link between the IS movement and the West, I will be more than happy to condemn the movement," he said.

Source: http://www.thejakartapost.com/news/2014/08/13/clerics-reluctant-disclaim-isil-ideology.html

Sons, top aides abandon Ba'asyir over ISIL, form new jihadist group

Jakarta Post - August 13, 2014

Rendi A. Witular, Jakarta – Terrorist convict Abu Bakar Ba'asyir is set to lose his long-held position as the region's spiritual leader of a terrorist network after expelling his sons and top aides from his organization, Jamaah Ansharut Tauhid (JAT), following their refusal to support the Islamic State of Iraq and the Levant (ISIL), also known as ISIS.

Disenchanted by their father's support for ISIL, Abdul "Iim" Rohim and Rosyid Ridho have formed a new jihadist group, called Jamaah Ansharusy Syariah (JAS), to rival JAT in recruiting followers to fight for the full implementation of sharia.

"Our father has said that anyone refusing to support ISIL should step aside. Sad to say, we're among those that see that our presence [in JAT] is no longer wanted," Iim told The Jakarta Post on Tuesday.

During a pledge of allegiance held on Monday at the haj dormitory in Bekasi, West Java, former JAT chairman Mochammad Achwan was elected as the new group's leader, while Iim was made chairman of the group's sharia council.

The group boasts of having 2,000 members in Jakarta, West Java, Central Java, East Java, West Nusa Tenggara and Bengkulu.

"For the sake of our future propagation, it is in our best interests to form a new organization that has no hierarchical links to Ustadz Abu [Ba'asyir's nickname]," said Iim.

While indicating his grave disappointment to his father, Iim said he remained in contact with Ba'asyir but only for personal affairs.

Ba'asyir is serving a 15-year prison sentence for terror offenses in the maximum-security Pasir Putih prison in Nusakambangan, an island off the coast of Cilacap, Central Java.

After a string of denials, Ba'asyir, along with several of his followers finally pledged the ba'iat [oath of allegiance] to ISIL's leader, Abu Bakar al-Baghdadi, in his prison in mid-July, according to Achwan.

Ba'asyir's expectation that performing the ba'iat would encourage his followers to do the same turned out to be short-lived, as only a few senior JAT officials and JAT's Banten branch followed suit.

A source within Ba'asyir's inner-circle said that Ba'asyir had initially expected his support for ISIL to attract more young followers into his camp and help curtail his diminishing power in the jihadist movement. "More than 50 percent of JAT members denounced the ba'iat and jumped ship," Achwan told the Post.

Enraged by the insubordination, Ba'asyir fired Achwan from the JAT chairmanship on July 17, replacing him with Afif Abdul Majid. Afif, however, was later arrested by the National Police's Densus 88 counterterrorism unit on Aug. 9 for his alleged role in funding terrorist activity in Aceh in 2010.

"It's just horrendous. How can you throw support behind a group [ISIL] that is massacring fellow Muslims?" said Achwan, who was pardoned by then- president BJ Habibie in 1999 from a life sentence following the bombing of the Buddhist Borobudur temple in Magelang, Central Java, in 1985.

"Our sharia councils in Yemen and Syria have denounced ISIL because the group has deviated from the right course in forming a caliphate," he said.

Achwan also explained that it was about time to leave, as JAT had been subjected to intense scrutiny since voicing its support for ISIL, and that many of its members had been convicted of terrorism. "Because of the liabilities, it is no longer feasible to continue our fight with the group," he said.

Achwan said he believed Ba'asyir was misled into supporting ISIL by fellow cleric Aman Abdurrahman, who is serving a nine-year prison term for funding terror-training camps in Aceh. "It seems Ustadz Abu had intense communications with Ustadz Aman, who is a prominent proponent of ISIL," Achwan said.

But, aside from the differences in ideology, the refusal to support ISIL is also based on the fact that many JAT leaders have close ties to Jabhat al- Nusra (JN) – a prominent Salafi jihadist organization in the Syrian conflict with links to al-Qaeda. JN and ISIL are engaged in a rivalry to gain prominence in Syria, and many JN members have fallen victim to ISIL's ruthlessness.

One JAT member said that prior to ISIL's rise to prominence, JAT had sent many Indonesian nationals to fight with JN in the hope that once they returned, they would help train fellow jihadists here to assemble explosives or use firearms.

Achwan did not deny the allegation. "We received our direction from our respected clerics in JN, and we have supported the group in many ways," Achwan said.

Terrorism expert Noor Huda Ismail from the Institute for International Peace Building warned that the infighting may provide renewed encouragement for disgruntled members in the new splinter group to prove, in various ways, that they were better than their previous colleagues.

"All terror attacks in Indonesia have been carried out by splinter groups of known jihadist organizations, such as Jamaah Islamiyah [JI], which was born out of Darul Islam, and JAT from the Majelis Mujahidin Indonesia [MMI]. Now we are seeing JAS," Huda said.

"These disgruntled members have resorted to violence to prove that they are more 'pure' in their jihad," he said.

Huda said that while the emergence of new "political entrepreneurs" in the jihadist movement should be anticipated, the most important thing was to identify the informal leaders behind the movement.

"Ba'asyir and Achwan are not strong leaders. Achwan is being 'controlled' by Iim, while Ba'asyir is controlled by a network operated by Aman Abdurrahman," he said.

Head of the National Counterterrorism Agency (BNPT), Ansyaad Mbai, told the Post that the infighting within JAT would not significantly alter the general strategy of the terrorist network.

"They may have different flags, but they are all the same. I sense that the infighting is just their trick to expand their support base," Ansyaad said.

Source: http://www.thejakartapost.com/news/2014/08/13/sons-top-aides-abandon-ba-asyir-over-isil-form-new-jihadist-group.html

Islamists are split over support for ISIS

Jakarta Globe - August 9, 2014

Dyah Ayu Pitaloka & Tunggadewa Mattangkilang, Malang/Balikpapan – The hard-line group Jamaah Ansharut Tauhid, or JAT, appears to be crumbling after its jailed leader Abu Bakar Ba'asyir pledged his allegiance to the extremist Islamic State of Iraq and Syria, or ISIS.

Around 3,000 JAT members have reportedly left the organization to avoid being dubbed supporters of ISIS – which was recently denounced by the Indonesian government. The resigning members are planning to establish a new group, according to acting JAT leader Mochamad Achwan.

"Many JAT members are against Ustad Abu Ba'asyir's decision. Many ulemas have questioned the leadership of [ISIS'] Abu Bakr Al-Baghdadi," Achwan said in the East Java town of Malang on Friday.

Al-Baghdadi is considered by supporters to be the caliph of ISIS's self- proclaimed caliphate, a pan-Islamic state that the Sunni group is seeking to expand outside Iraq and Syria – where its infamous violence has stoked fear, especially among the Shiite and Christian minorities in those two war-torn countries.

Ba'asyir, who is serving a prison term for terrorism, was recently reported to have pledged his allegiance, or 'bai'at', to the ISIS caliph from his cell at Nusa Kembangan Prison off the southern coast of Central Java.

Achwan said that because of their disagreement with Ba'asyir's move, approximately 3,000 JAT members, including senior leaders, were planning to resign from the organization and establish a new group in the following week. Supporters of ISIS in JAT, he said, were estimated to number no more than 100.

The decision to leave, Amir said, was made after Ba'asyir said that JAT members who did not support ISIS should leave JAT. He added that he understood the remaining members of JAT would hold an event to pledge their allegiance to the ISIS caliphate. "JAT members who support ISIS haven't yet pledged their allegiance," Amir said.

Achwan lamented Ba'asyir's decision to support ISIS, saying the aging firebrand cleric did so because he did not receive full information concerning ISIS. Achwan said it was difficult to maintain regular communications with Ba'asyir and inform him on the ISIS issue. "I've only been able to meet him occasionally, while the terrorists who support ISIS are able to meet Ustad Abu every day."

Achwan said he had been cornered by some other JAT members for his indifference towards ISIS. JAT is among fundamentalist Islamist groups that believe that Muslims across the world must pledge allegiance to a caliph once a caliphate is established.

"I'm not against the idea of an Islamic Caliphate, especially because it will implement Shariah law," he said.

Meanwhile, in the East Kalimantan port city of Balikpapan, local religious leaders expressed great concerns over recent distribution of leaflets persuading people to join ISIS.

Jailani, the secretary of the Balikpapan office of the Indonesian Ulema Council (MUI), said the leaflets cited verses of the Quran to encourage people to join ISIS.

Jailani said MUI would soon coordinate with police to track down the distributor of the leaflets and curb their further spread. He further said that MUI Balikpapan was planning to conduct a meeting with a number of other Islamic groups in the city, as well as Islamic boarding schools and the National Intelligence Agency (BIN) to anticipate the spread of the movement.

"ISIS's presence is banned in Indonesia, so we must anticipate the form the movement may take," Jailani said.

In Kutai Kartanegara, the largest district in East Kalimantan, a number of local residents have reportedly performed 'bai'at' for ISIS after being persuaded by its supporters.

Source: http://www.thejakartaglobe.com/news/islamists-split-support-isis/

Freedom of religion & worship

Elections effectively reined in radicals

Jakarta Post - August 12, 2014

Jakarta – The Setara Institute announced on Monday that this year's elections had reduced the number of violations against religious minorities, as people channeled their religious prejudices into the democratic process instead.

Ismail Hasani, a researcher at the Setara Institute, said the institute's study had found 60 violations against religious minorities in 17 provinces from January until June.

The violations included intimidation and discrimination toward certain religious groups, prohibition of religious activities and rejections of the establishment of houses of worship.

"The number is half of the 122 violations recorded last year, or 120 violations in 2012 [within the same period]," Ismail told reporters.

The study used human rights parameters as stipulated in Law No. 12/2005 on the ratification of the United Nations' International Covenant on Civil and Political Rights and Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

However, Ismail explained that the lower figure was not the result of a better performance by the government or law enforcers; it was purely due to the legislative and presidential elections, which forced certain groups to behave themselves so as to improve the image of their chosen candidate.

"A number of hard-line groups, which were affiliated with a certain political party or candidate, restrained themselves from acting against religious freedom," he said.

He added that religious groups' political affiliations to the presidential candidates also came into play during the election, with religious-based smear campaigns being created to influence voters.

Commenting on Setara's findings, Djayadi Hanan, a researcher with Saiful Muljani Research and Consulting, said that this year's presidential election carried more obvious religious overtones compared to previous elections. The reason for this, he added, was due to there being only two candidate pairs competing in a very tight race.

"In such a tense race, sensitive issues, including religion, were exploited as much as possible," Djayadi told The Jakarta Post, adding that the politicization of religion was one of the most basic and easiest ways to gain votes.

Even though the General Elections Commission (KPU) prohibits the use of tribal affiliations, religion, race and societal groups (SARA) in political campaigns, the recent presidential election saw religious issues exploited not only to gain votes but also to vilify rival candidates.

Setara Institute vice chairman Bonar Tigor Naipospos said the new government should prioritize religious tolerance and pluralism, adding that the current administration had failed to follow up on cases in which people's religious freedom was violated, such as assaults against Ahmadis and the protracted dispute over the Taman Yasmin Indonesian Christian Church (GKI) in Bogor, West Java.

"We hope Jokowi [Joko Widodo] and Jusuf Kalla will keep their promises to the minorities. They could start by appointing the right person as religious affairs minister" he said.

According to Bonar, the new religious affairs minister should be a moderate; someone who was aware of this country's diversity and who was willing to talk with representatives from all religions and beliefs.

"The new minister must put an end to the GKI Yasmin dispute, and allow all displaced Shiites to return to their homes [in Sampang] as well as resolve several other cases," he said. (idb)

Source: http://www.thejakartapost.com/news/2014/08/12/elections-effectively-reined-radicals.html

Greater religious freedom thanks to elections, watchdog says

Jakarta Globe - August 11, 2014

Dina Manafe, Jakarta – The number of violations of religious freedom in Indonesia has decreased dramatically in the first half of the year, a watchdog said on Monday, adding however that the drop was due only to a greater focus on elections, instead of sectarian politics.

Ismail Hasani, research director of the Setara Institute for Democracy and Peace, said in a press conference that there had been 60 cases of religious rights violations in the first half of 2014, in 17 provinces, which marks a significant decrease from 122 cases in the first half of 2013 and 120 in the same period in 2012.

West Java was mentioned most often, with 19 cases, followed by Central Java and East Java, with ten cases each. Ismail said that government officials, including police officers, were the main perpetrators in some cases. "There were 30 violations that involved government officials by commission or by omission," Ismail said.

Some of the cases also involved religious groups, he added, such as the Islamic Defenders Front (FPI) and the Islamic People's Forum (FUI). In most cases, the victims were religious minority groups, like Christians, Shiites and the controversial Muslim sect Ahmadiyah.

Setara said the decrease in the number of reported violations was not the result of better government policy aimed at protecting religious freedom, but because of the legislative and presidential elections held this year.

"There is a sort of convention during this political season under which all respective parties refrain from taking any counterproductive action, so as not to tarnish the political image of [their] candidate," Ismail said about organizations linked to those running in elections.

Bonar Tigor Naipospos, Setara's deputy chairman, said the outgoing administration of President Susilo Bambang Yudhoyono can still make a difference.

"Even though he has only a limited number of days left [before president- elect Joko Widodo takes over from Yudhoyono in October], [Religious Affairs Minister] Lukman Hakim [Saifuddin] should take constructive steps to ensure his own legacy and that of his ministry," Bonar said, citing the example of the Ahmadiyah community still staying in Mataram, Lombok, under primitive conditions after being driven from their homes elsewhere on the island in 2006.

Source: http://www.thejakartaglobe.com/news/greater-religious-freedom-thanks-elections-watchdog-says/

Language & culture

Artist coalition criticizes culture bill

Jakarta Post - August 11, 2014

Jakarta – A group of artists from the Indonesian Arts Coalition has criticized a draft bill on culture that is currently being legislated by the House of Representatives.

"The bill does not address the need for cultural development in society," the coalition head Abduh Aziz said on Sunday, as quoted by Antara news agency.

Abduh said the culture bill called for the establishment of a "culture police" inside groups of artists and in society in general.

The coalition demanded that the House Commission X overseeing sports, education and tourism involve more art professionals in the bill's development.

Abduh said the bill should guarantee freedom of expression with the support of sufficient infrastructure and resources to develop ideas and allow creativity. The government should also provide supporting policies that would stimulate public and private participation in cultural initiatives, he said.

Earlier, the group had urged the House and the Culture and Education Ministry to postpone the bill's legislation as the draft held ideas that they considered strayed from the general principles of cultural development. "The bill is built upon insecurity toward foreign culture," said Abduh.

The draft bill, for example, opens with a statement the group considers controversial: "Cultural value and diversity in Indonesia is prone to the influences of globalization that may alter values in society."

The statement, which stood as the background for proposing the bill, said Abduh, failed to comprehend the essence of Indonesian culture, which had received influences from many streams of civilizations for generations.

House Commission X member Reni Marlinawati said that the writing of the bill's academic text had involved artists and cultural icons, as well as academics.

"With this bill the government can be held responsible for allocating a significant amount of funds to develop arts in the country. We are open to suggestions from the Indonesian Arts Coalition to improve the draft," she said.

Also known as a filmmaker, Abduh shared his experience when he was involved in the drafting of the Film Law, which was passed in three weeks after entering the legislature in 2009 – simply to keep up with the House's schedule. As a result, he said the law had many weaknesses that had prevented implementation even until now.

The Education and Culture Ministry's director general for culture, Kacung Marijan, emphasized that the government was in no rush to pass the bill. "In the case of the Film Law, we were trying to accelerate its deliberation, but we're not doing that with the current culture bill," he said.

The Indonesian Arts Coalition is a permanent organization that oversees 58 art professionals and cultural organizations in 12 provinces in Indonesia.

Source: http://www.thejakartapost.com/news/2014/08/11/artist-coalition-criticizes-culture-bill.html

Jakarta & urban life

Public order officers do not need firearms: Police

Jakarta Post - August 12, 2014

Jakarta – In spite of Jakarta Deputy Governor Basuki "Ahok" Tjahaja Purnama's plans to equip the city's Public Order Agency (Satpol PP) officers with firearms for protection, the Jakarta Police said on Sunday that there was no need for such a step.

"The officers don't need firearms because we are here to provide backup. According to the law, if there was a situation that needed to be dealt with, or if any thugs threatened them, then the police would immediately provide backup when requested. We would even call the military, if necessary," Jakarta Police spokesperson Sr. Comr. Rikwanto told The Jakarta Post over the telephone on Sunday.

Previously, Ahok said that Satpol PP officers needed firearms in case local communities faced armed thugs. The deputy governor gave his assurances that the officers would go through training and psychological tests before being equipped with firearms, according to kompas.com.

Currently, Home Affairs Ministerial Decree No. 26/2010 stipulates that public order officers are to only be provided with blank rounds, tasers and tear gas.

The 2010 ministerial decree was issued by Home Affairs Minister Gamawan Fauzi following a fatal incident in April of that year. Public order officers clashed with Koja residents at the shrine complex of Mbah Priuk, regarded as a prominent Muslim leader in Koja, after locals grew upset over the administration's decision to clear the area.

The clash resulted in the deaths of three public order officers and injured more than 200 people. The tragedy generated a mass protest against Satpol PP, which is notorious for its heavy-handed in carrying out to its duties.

Rikwanto further explained that the governor must submit a request letter to the National Police consisting of a recommendation from the local police and a letter of approval from the Home Affairs Ministry.

Contacted separately, agency head Kukuh Hadi Santoso denied that the agency was not equipped with firearms and claimed that they had been equipped with such weapons for the past five years.

"We have firearms and we also have bulletproof vests. The Public Order is the enforcer of the local bylaws and it would be ridiculous if our officers could not defend themselves," he told the Post.

However, Kukuh said that not all officer could possess firearms as they had to obtain permission from the Jakarta Police before they are tested at the police's headquarters in South Jakarta. The officers' shooting skills would be tested and they would also undergo medical and psychological examinations to determine whether they were fit to own firearms.

Furthermore, the agency had an interdependent relationship with the police and the TNI, Kukuh said, which meant that their officers did not always have to bring their firearms on missions because they mostly dealt with civilians.

"But if we face thugs, our main objective is to arrest them and then hand them over to the police. This is the nature of our relationship with the police," he said. (fss)

Source: http://www.thejakartapost.com/news/2014/08/12/public-order-officers-do-not-need-firearms-police.html

Building Jakarta's great wall to prevent flooding

Jakarta Globe - August 11, 2014

Vita A.D. Busyra, Jakarta – The giant sea wall project in North Jakarta, expected to break ground in September, has received mixed reaction from urban planning experts, with one praising it as a necessary step to prevent flooding and another questioning the benefits it brings to the people and its use for the capital's flood-prevention efforts.

Nining Indroyono Soesilo, an urban economics expert who also teaches at the University of Indonesia, supports the Rp 400 trillion ($34 billion) project, which she said would serve as a flood defense, especially when the climate and weather become extreme and unpredictable.

"Of course, we have no ability to control natural disasters. However, if we don't take any concrete action now as a countermeasure, such as building this sea wall, the city has a high potential to be submerged," she said on Monday.

"The vision is clear, that is, to prevent Jakarta from sinking. But [the sea wall's] use and benefits for the people will depend on the leadership of the city and the central government," she said.

The Indonesian government has set up the National Capital Integrated Coastal Development (NCICD) project, a joint cooperation with the Netherlands, with the goal to protect the capital from flooding caused by high tides and to develop the coastal area. The project includes building giant walls and reclaiming some land to create 17 artificial islands.

The Jakarta administration is expected to break ground on the sea wall project in September, with officials stressing that most help would come from the Netherlands and that Indonesia – lacking technological equipment – might be dependent on the European country.

Andi Baso Mappapoleonro, head of the Regional Development Planning Agency (Bappeda), said the master plan for the NCICD is expected to be finalized by the end of August and breaking ground can be expected next month.

The plan is to be led by Dutch consulting and engineering firm Witteveen+Bos, under the guidance of the project's lead agency, the office of Indonesia's coordinating minister for economy.

The plan involves the building of a 32-kilometer long sea wall, spanning from Teluk Naga in Tangerang, Banten province, to Tanjung Priok in North Jakarta.

The project is also expected to help reduce flooding in urban areas and rivers, which have been a perennial issue for Jakarta's population of about 10 million people. River flow from mountains draining into the coast tend to be blocked by rising waters, which then contribute to flooding in the city. The second stage of the development involves work on urban facilities.

Andi mentioned that the government has yet to specify the proportion of investment that will come from the private sector, the central government and the Jakarta administration.

Johannes Frederick Warouw, a spatial planning expert from the University of Indonesia, however, questioned whether building such a big project was necessary at this stage.

"This will be one of the biggest projects Indonesia has ever taken on. The problem now is whether the plan can be practically implemented as it will affect three large rivers that disembogue into the gulf," Johannes said on Monday. He doubts whether Indonesia needs the giant sea wall for the time being, pointing to the fact that the nation would be dependent on the Dutch government for its maintenance.

"I think we don't really need to build one right now because the problem that will emerge later on is the maintenance. We're not ready for it, but if we build [it], there'll be a bigger problem in the future," he said.

Johannes expressed concern about Indonesia's lack of expertise in technology and people in handling the project.

"If the wall breaks, highly expensive maintenance will follow, but we don't have the capability to repair it by our own. Hence, we'll turn to help from foreign countries that have the technologies to fix the wall," Johannes said.

However, Nining disagreed, saying that as Indonesia had neither money nor the technology to build such an advanced construction, it was only natural that it should cooperate with other countries.

She added that with more people moving to Jakarta all the time – placing a further burden on the capital's resources, including fewer catchment areas due to more housing – the project needed to be implemented sooner than later.

Still, she warned against possible graft during the project, a setback that could compromise the wall's construction quality, pointing to rampant corruption among officials.

"The community must join forces to monitor the project to prevent corruption that could destroy the whole project," she said.

Johannes also raised concern about the fate of thousands of fishermen and their families living in the area, who depend on the sea for a living. "We need to push for the government to provide alternative jobs for these people," he said.

Source: http://www.thejakartaglobe.com/news/jakarta/building-jakartas-great-wall-prevent-flooding/

Jakarta government to take back officials' cars and hand out stipend

Jakarta Globe - August 9, 2014

Lenny Tristia Tambun, Jakarta – The city government plans to do away with civil servants' official cars in favor of a monthly transportation stipend as part of a drive to get more officials out of their cars and onto public transport.

The regulation, signed by President-Elect Joko Widodo and secretary Saefullah, will take effect later this year.

"The gubernatorial regulation has been signed by the Governor and myself – as the Jakarta secretary. It will be in effect starting this coming September," Saefullah said on Saturday.

Any civil servant wishing to hand in their official car and receive the stipend may do so before September. It was unclear on Saturday how many people the government expected to exercise this option prior to September.

The allowance varies commensurate with seniority. Echelon IV officials (ward chiefs, section heads) will receive Rp 4.5 million per month, while mayors and heads of provincial agencies in the Echelon I bracket will be handed Rp 12.5 million a month.

"Regular staff will receive s stipend depending on their ranks," Saefullah added. The regulation will see a moratorium on the city's car-procurement pipeline and cut the Jakarta government's budget for maintaining its cars.

Source: http://www.thejakartaglobe.com/news/jakarta/jakarta-govt-take-back-officials-cars-hand-stipend/

Armed forces & defense

SBY thanks McCain for US support to modernize Indonesia military

Jakarta Post - August 12, 2014

Jakarta – President Susilo Bambang Yudhoyono has thanked visiting US senator John McCain for his country's support to help modernize the Indonesian Military's (TNI) weaponry system.

"We thank the US Congress, especially for its military cooperation, including in modernizing our military weaponry system," Yudhoyono said as he welcomed McCain to the Presidential Palace in Jakarta on Tuesday, as quoted by Antara news agency.

Yudhoyono said that Indonesia's military weapons had not been sufficiently modernized for almost 20 years. With stronger defense cooperation, he added, it was hoped that Indonesia and the US could work more closely to help create a more stable and peaceful Asian region. Only in such conditions could Indonesia and other countries develop their economic potential, he went on.

Yudhoyono asserted that Indonesia rejected the use of military action to solve problems, and instead would continue to put forward political and diplomatic approaches to create stability in the region.

In 1991, the US Congress banned Indonesia from buying US weapons to upgrade its military weapons system, following allegations of gross human rights violations in Santa Cruz, East Timor.

All weaponry systems must be rejuvenated regularly. After more than 20 years, the US agreed to sell its military weapons – both new and used – to Indonesia, including three of the 24 units of F-16 Fighting Falcon Block 521Ds once used by the US National Air Force Reserves.

In a recent development, the Indonesian Army said it planned to buy eight units of AH-64D Apache fighting helicopters from their manufacturer, the Boeing Company.

If the plan is realized, the Army will operate two types of fighting helicopter at once, namely Mil Mi-35Ps from Russia and AH-64D Apaches from the US. (put/ebf)

Source: http://www.thejakartapost.com/news/2014/08/12/sby-thanks-mccain-us-support-modernize-ri-military.html

Judicial & legal system

Minors tried under new Juvenile Law

Jakarta Post - August 12, 2014

Dewanti A. Wardhani, Jakarta – After a long delay, the 2012 Juvenile Justice System Law has been implemented in the South Jakarta SMA 3 high school bullying case, making that trial the first in Indonesia to employ the reformed law.

Before the trial began on Monday, presiding judge Ahmad Dimyati called a press conference at the South Jakarta District Court. "Today is the initial hearing for suspects in the SMA 3 case. For this trial, we will use the 2012 Juvenile Justice System Law," he said.

The SMA 3 case surfaced last June when 10th grader Arfiand Caesar Al Irhami, 16, passed away after a trip with the school's mountaineering club. He was allegedly beaten by five older students, four of which are underage.

The closed hearing on Monday saw three 17-year-old boys and a 17-year-old girl sitting as defendants. The trial of the fifth suspect, an 18-year-old male, will be held separately.

Ahmad added that this was the first time he had handled a case that would use the 2012 Juvenile Justice System Law. "The new law requires the trials to be processed quickly. Sentencing must be done in 25 working days."

He said the 2012 law was stricter than the 1997 Juvenile Justice Law. "Although these kids have [allegedly] committed a crime, we must protect them. The media must not publish these children's names, pictures or anything related to their private lives," Ahmad said, adding that there were sanctions for those who violated the law.

According to Institute for Criminal Justice Reform (ICJR) law expert Erasmus Napitupulu, the new Juvenile Justice System had a lot to offer. "One of the main features of the new system is that the government is obliged to provide more youth detention centers for underage convicts," he told The Jakarta Post.

Erasmus added that the new Juvenile Justice System Law aimed to not only enforce the law but also to provide protection for underage convicts using the principles of restorative justice.

He said that the new law raised the minimum age at which a child could be arrested and detained. Under the 1997 law, the minimum age was 8. Under the new law the minimum age has been increased to 14.

"Another feature [of the new law] is the diversion program, whereby an underage convict can avoid imprisonment and do social work instead. However, this is only for those found guilty of minor crimes," he said.

Erasmus clarified that the diversion program could not be implemented in the case of a guilty verdict in the SMA 3 case because of the severity of the charges.

"Moreover, the panel of judges are required to conduct research on underage suspects in order to understand more about the environment within which he or she lives; for example, who his parents, siblings, neighbors and friends are. This must be taken into consideration upon sentencing," Erasmus said.

However, he said the new law still had flaws. "The government is required to provide more youth detention centers under the new Juvenile Justice System Law. At present, the country only has a handful of them and Jakarta doesn't even have a single such center," Erasmus said.

Separately, the four underage defendants' lawyer, Frans Paulus, said that his clients had been charged under Article 351 of the Criminal Code on torture and Article 80 of the 2002 Child Protection Law. The charges carried a maximum sentence of two years and eight months.

Some important changes

Minimum age for conviction raised to 14 from 8
Those convicted of minor crimes can opt for social work instead of imprisonment.
Government obliged to build more rehabilitation centers for children
Panel of judges must conduct background research on suspect to be considered in sentencing.

Source: http://www.thejakartapost.com/news/2014/08/12/minors-tried-under-new-juvenile-law.html

Economy & investment

Indonesia back in 'fragile' condition

Jakarta Post - August 15, 2014

Satria Sambijantoro, Jakarta – Alarm bells have begun to ring again after the release of statistics showing the country's current-account deficit, the major worry among investors, widened far more than had been expected.

Bank Indonesia (BI), the central bank, announced on Thursday that the deficit in the current account – the broadest measurement of international trade that includes exports, imports, services and transfers – topped US$9.1 billion, equivalent to 4.3 percent of gross domestic product (GDP), in the second quarter of this year.

The new figure was just below the record high level of $10.1 billion, or 4.5 percent of GDP, which Indonesia recorded in the second quarter last year.

At that time, the figure spooked investors and triggered a massive sell-off of rupiah assets, with the size of the deficit prompting US-based investment bank Morgan Stanley to put Indonesia in its basket of "Fragile Five" economies most vulnerable to capital flight.

BI Deputy Governor Perry Warjiyo said the deterioration in the current account was beyond the monetary authority's ability to control, especially as it was driven by the large deficit in the oil-and-gas trade balance.

BI statistics show the deficit in the oil-and-gas trade balance rose to $3.2 billion in the second quarter of 2014, up from a deficit of $2.1 billion in the same period a year earlier.

Meanwhile, in the non-oil-and-gas trade balance, Indonesia posted a surplus of $2.7 billion in the second quarter, higher than last year's surplus of $1.5 billion.

"Our monetary policy has more of an effect on the non-oil-and-gas side," said BI Senior Deputy Governor Mirza Adityaswara. "To achieve a better current-account deficit posture, we must wait for the implementation of an energy-related policy that can reduce oil imports," said Mirza.

Indonesia's current account has been in the red for 11 consecutive quarters as the slump in commodity prices in recent years has hurt exports, while imports have remained high as a consequence of the country's robust economic expansion.

Nevertheless, BI moved to calm market concerns, as it stressed the $9.1 billion deficit in the second quarter was high due to cyclical factors, such as the seasonally high imports and transfers of funds overseas by companies repatriating earnings.

The central bank also predicted that the second-half deficit figure would be smaller due to the resumption of copper shipments, thanks to a compromise deal struck between the government and certain mining firms over the Mining Law, which had banned raw-ore exports.

This should take the full-year current-account deficit to around $27 billion in 2014, lower than the $30 billion that Indonesia posted last year, according to BI estimates.

Nevertheless, analysts were cautious over the prospects of a recovery in Indonesia's external balance and the impact it could exert on foreign-fund flows in Indonesia.

"We think it [the current-account deficit] will have a negative impact on investor sentiment since the figure is probably higher than what people were looking for," Credit Suisse economist Santitarn Sathiratai said in an emailed interview on Thursday.

"BI has done its job of tightening monetary policy, now it is the government's job to raise fuel prices to cut the deficit and oil imports," he added.

While the market might perceive BI's reasoning as acceptable, a larger-than-expected current-account deficit would still nonetheless equate to "a red alert on global investors' scorecards", cautioned Wellian Wiranto, an economist from OCBC Bank in Singapore.

In Indonesia's case, the threat could be serious given the looming threat of tighter global liquidity ahead of an expected US interest-rate hike next year, which could reverse capital flows from emerging to developed economies.

"This is not to say the market would necessarily refrain from buying into the Indonesian market," Wiranto said. "It just means that investors exposed to Indonesia will be especially sensitive to any whiff of a rate hike from Washington, compared to if they were to hold assets from countries with a less problematic current-account profile."

Source: http://www.thejakartapost.com/news/2014/08/15/ri-back-fragile-condition.html

Analysis & opinion

Toll roads vs. public transports

Jakarta Post Editorial - August 15, 2014

Instead of focusing on improving public transportation, the Jakarta administration has finally decided to go ahead with its plan to construct six inner-city toll roads next year, which is definitely not a panacea to the acute traffic congestion plaguing the capital's streets.

The construction of the new toll roads, with a total length of 69.7 kilometers, was initiated by then governor Fauzi Bowo in May 2005. Opposition from transportation experts and urban activists forced the provincial government to suspend the project several times.

Governor Joko "Jokowi" Widodo initially rejected the plan, but later he accepted it with the condition that one lane on each of the toll roads should be dedicated to public buses.

Deputy Governor Basuki "Ahok" Tjahaja Purnama said late last month the construction the toll roads – Semanan in West Jakarta to Sunter in North Jakarta Sunter to Pulogebang in East Jakarta, Duri Pulo in Central Jakarta to Kampung Melayu in East Jakarta, Kampung Melayu to Kemayoran, Central Jakarta, Ulujami in South Jakarta, to Tanah Abang, Central Jakarta, and Pasar Minggu in South Jakarta, to the Casablanca area in South Jakarta – should run simultaneously within three years.

Ahok may be right that the new toll roads, which will cost Rp 42 trillion (US$3.63 billion), will facilitate the smooth passage of vehicles. But as experience has shown, it will not last long as more cars will soon throng the new roads and cause even worse traffic gridlock not only on the new roads, but also on surrounding arterial roads. Currently traffic congestion characterizes the existing inner-city toll roads during rush hours.

We believe that the six toll roads will generate more bottlenecks that will exacerbate traffic jams at their exit gates and on nearby roads. The more roads are built the more cars are bought and traffic congestion remains unresolved.

The choice of new toll roads is therefore regrettable as the city government has not done enough to improve public transportation as the solution to the transportation headache faced by many large metropolitan areas around the world.

We have learned that the Jakarta government's efforts to enhance public transportation services has gone nowhere after it halted a plan to buy more buses to be deployed along Transjakarta bus lanes, after law enforcers discovered alleged markups in the procurement of TransJakarta buses.

Instead of building new toll roads, it would be better for the city administration to immediately realize its plan to procure 1,000 large buses for TransJakarta and 3,000 smaller buses to serve residential areas. While the Mass Rapid Transit (MRT) project is underway, Transjakarta, together with commuter trains, should become the backbone of the city's public transportation. Deployment of those buses will significantly curb public complaints about long queues at bus stops and terminals and about overcrowded buses.

The city's strategy to ease traffic gridlock should reduce people's dependence on their private vehicles by providing them with more convenient and reliable public transportation services, rather than building new roads.

Source: http://www.thejakartapost.com/news/2014/08/15/editorial-toll-roads-vs-public-transports.html

Religion and state

Jakarta Post Editorial - August 13, 2014

In the months leading up to the new government administration, does Indonesia hope to improve the management of its religion-and-state affairs? Of course, the question pertains to what most Indonesians would define as progress.

While there has so far been no precise answer to this question, we welcome the suggestion by new Religious Affairs Minister Lukman Hakim Saifuddin who recently highlighted the need for some discourse on whether the state should be given the authority to acknowledge a religion.

His comment followed a statement he made that the ministry was reviewing the status of the Baha'i faith, saying that Baha'i would be among the religions recognized by the Constitution.

The statement was controversial as the state officially acknowledges only six religions: Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism. The latter was added to the official religions in the 1960 Blasphemy Law following an amendment called for by late president Abdurrahman "Gus Dur" Wahid, who put a halt to the legal discrimination against ethnic Chinese in the country.

The promising signs from Lukman will hopefully extend to the new administration. Like any other faith that is not considered "mainstream", debates on the Baha'i faith will be had for some time. Throughout history, rulers that force the faithful to comply – even to the extent of killing those who refuse to yield – often end in greater zeal to prove one's devotion.

The spotlight should be placed on the state's responsibility to guarantee the protection of religious freedom as mandated by the Constitution; meaning, therefore, the responsibility on the part of the president, all the way down to law enforcers nationwide, in our diverse and democratic country.

In the months leading up to Indonesia's independence 69 years ago, which will be commemorated on Aug. 17, the republic's founding fathers came to realize that we must learn to live with one another despite our tremendous diversity in terms of ethnicity, faith, race and so on.

But when political interests engulf leaders, we have seen only too often how this vital axiom is sidestepped, as witnessed under the presidency of Susilo Bambang Yudhoyono. The mixed signals sent out by his administration led to some of his ministers and local leaders turning a blind eye to – or in some cases even encouraging – criminal acts by thugs waving the flag of "pure Islam". And we have many minority faiths whose members have testified to lifelong discrimination.

Lukman's move, to review the state's authority to determine religions, will hopefully lead to the end of such cases. Gus Dur was at one time in a coalition of activists who had called for the annulment of the Blasphemy Law; they considered the law to be irrelevant in a democratic Indonesia, as it had been passed during an emergency period when the young state was facing internal rebellions.

This 69th year since independence, when we officially install in October Indonesia's seventh president, should mark a significant milestone in our maturation through collective respect of the differences among all citizens.

Source: http://www.thejakartapost.com/news/2014/08/13/editorial-religion-and-state.html

New abortion rule another time-bomb

Jakarta Globe Editorial - August 13, 2014

President Susilo Bambang Yudhoyono has left another ticking time-bomb for his successor when he signed a government regulation on reproductive health that requires women getting pregnant as a result of rape, or those with life-threatening medical conditions, to apply for a legal abortion within 40 days of their last period.

While it's very clear in the law that doctors are allowed to perform abortions on women in these instances, the invention of a 40-day limitation is arbitrary and almost annuls the whole good intention of the law. Such an arbitrary regulation, albeit taking five years to issue, quickly became controversial, and invited heavy criticism.

We agree with the argument that 40 days will give rape victims virtually no time to make a clear and informed decision about whether they want to keep or abort the fetus. Furthermore, most women in villages and even many in urban areas only find out that they are pregnant two or three months later.

Even Islamic clerics are divided on abortion. Many clerics allow it – if the mother wants to, and with a strong reason – within four months of conception as they believe that by the end of the fourth month God blows soul into the baby. By then, it is considered a living human being, and aborting it is considered murder.

In the Netherlands, for instance, a mother can have an abortion within six months of conception. While we can't compare Indonesia to one of world's most liberal countries, by setting a six-month limit, the Netherlands has thoroughly considered the health and legal aspects.

Fortunately, those who reject the regulation can still have it reviewed in the Supreme Court. But the fact is that regulations in Indonesia often confuse the public, rather than benefit all.

Source: http://www.thejakartaglobe.com/opinion/editorial-new-abortion-rule-another-time-bomb/