Jakarta – There was little remorse and plenty of deflection from Indonesia's notoriously traffic-blind community of Harley-Davidson bikers and their police enablers amid social media cheers for a cyclist who blocked a convoy of the road hogs as they ran a red light.

The incident in Yogyakarta occurred on Saturday, as bikers from across the country headed to the Prambanan temple complex for the annual Jogja Bike Rendezvous.

The cyclist, local community activist Elanto Wijoyono, stood at a pedestrian crossing at a busy traffic intersection and used his bicycle to block the bikers' path while nearby police officers waved the convoy on, despite the fact that they were running a red light.

Elanto described his action, filmed by university student Andika Faiizal Haqi, as a protest in response to the bikers' lack of respect for other road users. He also lashed out at the police for not only failing to uphold traffic regulations, but for enabling the bikers to break them and in the process endanger and inconvenience other road users.

He noted that they had police motorbike outriders as well as a Military Police escort, for what was essentially just a social gathering, and argued that the use of flashing blue lights on some of the motorbikes were clearly a violation of the traffic code.

The use of such lights is not permitted except for emergency vehicles such as police cars, ambulances and fire trucks.

Still, the bikers were far from humbled at being given a lesson in the law from a cyclist. The film of the incident, which has garnered more than 216,000 views on YouTube since being uploaded on Saturday, shows one of the bikers confronting Elanto in an aggressive manner. Andika, filming nearby, later described the man as having a Jakarta accent. He said another of the bikers flashed them the middle finger.

Police officers blocking the other traffic and waving the bikers through said they had instructions "from headquarters" to do so.

"There was no such [instruction]," Adj. Sr. Comr. Any Pudjiastuti, a spokeswoman for the Yogyakarta Police, later told Tempo. The use of a police escort, she said, "was in line with traffic regulations in order not to inconvenience other road users."

Instead, Any faulted Elanto, saying he endangered himself with the "stunt." "He was putting himself in danger, he could have been run over," she said, oblivious to the fact that Elanto was clearly standing on a pedestrian crossing when he stopped the bikers. She did not explain why the bikers were allowed to run a red light and endanger a road user who had the right of way.

Gatot Kurniawan, the head of the Yogyakarta chapter of the Harley-Davidson Club Indonesia, said he "appreciated" Elanto's actions, but stopped short of apologizing for the bikers' lack of road discipline.

"We appreciate Elanto for stopping the Harleys with his bicycle," he said as quoted by Detik.com. "It's really something."

Nanan Sukarna, the chairman of the HDCI, was also unapologetic and refused to acknowledge any wrongdoing by the club's members. "We're responsible if anything happens. If some of our members don't [act] right, then we have to take strict action against them," Nanan, a former deputy chief of the National Police, told Detik.com.

Others were less equivocal about the incident, taking to Twitter and other social media to berate the bikers and the police.

"Their arrogance seems incurable," wrote Twitter user @infojatiasih. "The police's discretion tends toward abuse of power and encouraging violations."

Another, @rudy_remisilado, wrote "I pray that these arrogant big bike riders are hit by a tanker truck carrying sewage and killed."

On YouTube, a user offered Elanto four thumbs up and the police "the middle finger." Another wrote "What can we expect of law enforcers who cherry pick like this?"

Harley owners in Indonesia have long earned a poor reputation for their disregard for traffic rules and the safety of other road users. Analysts estimate more than half of the Harleys in the country are on the road illegally, with the owners using fake plates and not registering their bikes, in order to avoid paying a hefty luxury vehicle tax.

Source: http://jakartaglobe.beritasatu.com/news/yogya-cyclist-tames-harley-riding-road-hogs/

West Papua

Karma release unclear despite signs from Jakarta

Radio New Zealand International - August 20, 2015

It remains unclear whether the West Papuan activist Filep Karma will soon walk free from Abepura Prison in Indonesia's eastern region.

Karma has served two thirds of a 15-year jail term for treason after he raised the banned Papuan Morning Star flag in 2004. Last week, he rejected an offer of remission on Indonesia's Independence Day, saying he would only accept unconditional release.

The Political, Law and Security Minister, Luhut Binsar Pandjaitan has subsequently guaranteed Karma's security and freedom of speech once he leaves prison. In addition the government has given the walking orders for Filep Karma to walk free any day now.

However, an anthropologist and associate of Karma, Eben Kirksey, says that there seems to be some miscommunication between Jakarta and Abepura.

"In short, the walking papers haven't been received by the head of the prison. And at this point, Filep Karma can't leave jail. He's waiting for official notice from the prison authorities before he can leave. He's quite ready to leave but at this point he can't leave without some sort of official document from the Indonesian government."

While he appears to be on the verge of freedom, Karma is anxious not to follow in the steps of the man he went to jail with for raising the flag.

Eben Kirksey says that when Yusak Pakage was released from prison he had to sign documents that forced him to report regularly to intelligence officers.

"He told me that pretty much every day they would call and they would ask for information about his activities, his whereabouts, who he had been meeting with.

So Filep wants to make very, very clear that he's not going to be subjected to any of those kind of conditionalities. Whatever Jakarta says, there's all sorts of agents on the ground who have their own agendas."

While it also remains unclear whether Filep Karma will receive a pardon, Minister Luhut told Indonesian media that the Papuan was wrongly convicted of treason, or makar, which implies inciting armed revolt.

Although he says he disapproves of people raising the Morning Star flag in the Papua region, the minister said that Karma did not commit treason as such.

Source: http://www.radionz.co.nz/international/pacific-news/281940/karma-release-unclear-despite-signs-from-jakarta

NZ MP calls for more engagement on Papua

Radio New Zealand International - August 19, 2015

Carmel Sepuloni was one of around ten MPs who met with the visiting secretary-general of the United Liberation Movement for West Papua, Octo Mote last night in Wellington.

Mr Mote discussed what he describes as growing regional support for international recognition of West Papuans' concerns with Indonesian rule.

Ms Sepuloni says New Zealand's relationship with Indonesia shouldn't preclude it pushing for West Papuans to have their rights hopnoured and to be treated fairly by Indonesian authorities.

"Yeah I think it's something that New Zealand has to take seriously, and we need to be involved in the conversations that are happening, as our West Papuan leaders have said. The Pacific Forum and the Pacific small island states are really important in terms of progressing this issue and New Zealand needs to be part of that dialogue, so I think we should all actually be engaged with this and not scared to talk about it. "

Source: http://www.radionz.co.nz/international/pacific-news/281863/nz-mp-calls-for-more-engagement-on-papua

Luhut says government will focus on Papua

Jakarta Post - August 19, 2015

Fedina S. Sundaryani, Jakarta – Newly inaugurated Coordinating Political, Legal and Security Affairs Minister Luhut Binsar Pandjaitan said that one of his first priorities will be to solve long-standing problems in the country's easternmost province of Papua.

Speaking after a two-hour meeting with heads of the ministries and institutions under his supervision, Luhut said on Tuesday that he would step up monitoring work in the province, which he said would be the first step toward stamping out injustice, leading to the region becoming more accessible to outsiders.

"There is a problem of injustice that we must solve. We are also trying to overcome the perception by foreigners that we do not take care of Papua," he said at the Office of Coordinating Political, Legal and Security Affairs Minister in Central Jakarta.

Luhut said that the perception of a neglected Papua was false, especially since the province received the largest share of the state budget.

However, he acknowledged that one of the priorities in solving problems in Papua was to figure out where most of the provincial funds went as they had not led to any development.

"Papua receives the largest share of the state budget, but we must figure out where all of the Rp 37 trillion [US$2.6 billion] has gone to," he said.

He said that the central government would pay close attention to officials at the Papua provincial government, who were alleged to have misused the development funds.

"During the meeting, the home affairs minister [Tjahjo Kumolo] said that his ministry recently discovered that many of the officials [in Papua] did not even live there and were often outside of the region," he said, adding that the time to blame the central government for lack of progress in Papua was over as locals had not done their jobs.

With regard to granting access to foreign journalists to Papua, Luhut said his office would soon set up a website explaining the situation in the restive region. He said that violation of no-go policies in Papua could have consequences.

"We don't want this country to be blamed for unfairness. We also refused to be dictated to by others abroad. You can't look at us in a negative light and violating our laws leads to certain consequences," he said.

For the past decade, journalists intending to report on Papua were required to fill out permission request forms, which needed approvals from various government institutions. Any foreign journalists caught making news reports without permits could face criminal charges.

In 2014, two French journalists, Thomas Dandois and Valentine Bourrat, were arrested and jailed for not having proper permits to report in Papua. The journalists were caught trying to make a documentary on the Papuan separatist movement.

Separately, Attorney General M. Prasetyo said that the Attorney General's Office would do its part by setting up a team to monitor development in different provinces to make sure that the provincial budgets were not misused.

"The teams will be based in the center [Jakarta] and also in the regions to supervise state officials and make sure that funds are not misused, whether accidentally or otherwise," he said.

Prasetyo said that the teams would provide legal counsel to state officials in charge of development programs to ensure that the projects would be free from graft.

Separately, National Commission on Human Rights (Komnas HAM) member Muhammad Nurkhoirun said that most of the injustice experienced by locals in Papua was due to the fact that the government had failed to protect their rights.

He said that many people in Papua lived in poverty despite the province being rich in natural resources. The paradox, Nurkhoirun said, was due to the fact that locals were not given the rights to be involved in development projects affecting their lives.

"Locals in Papua must be involved in the development of the province so that they also can benefit and understand what is happening. Right now, Papua's development is only found in the imagination of those creating policies in Jakarta, or only benefiting the elites of Papua," he said. -

Source: http://www.thejakartapost.com/news/2015/08/19/luhut-says-government-will-focus-papua.html

Hopes New Zealand will back Papua mission plan

Radio New Zealand International - August 17, 2015

The United Liberation Movement for West Papua is calling on the Pacific Islands Forum leaders to send a human rights fact finding mission to the Indonesian region.

The movement is seen as the body representing the Melanesian people and recently became an observer member at the group which unites the Melanesian countries, the Melanesian Spearhead Group.

The ULMWP's secretary general, Octo Mote, who is touring New Zealand to rally support, says the backing for West Papua at last week's Forum officials meeting was a great boost.

He says the meeting got unanimous support to include the West Papua issue on the agenda at the Forum leader's summit next month in PNG.

"so we presume New Zealand will do the same thing, which is, they will not object about this humanitarian fact-finding mission; more even I am certain that the government, there is no reason for them not to support it."

Source: http://www.radionz.co.nz/international/pacific-news/281647/hopes-new-zealand-will-back-papua-mission-plan

'TPPA – walk away' rally welcomes West Papuan leader Octo Mote

Cafe Pacific - August 16, 2015

While New Zealand protesters were giving an emphatic thumbs down to the proposed Trans-Pacific Partnership corporate slap in the face of democracy at the weekend, a quietly spoken West Papuan in a yellow raincoat was offering solidarity at the Auckland march.

Octo Mote, a former journalist and now secretary-general of the United Liberation Front of West Papua, was in town to spread the good news of West Papuan strategic self-determination developments to activists and supporters.

He spoke at a packed public meeting in the Peace Place on Friday night less than 24 hours after talking to students at the University of the South Pacific in Fiji before taking part in the anti-TPP/TPPA rally.

Rally organiser Barry Coates introduced Mote to the crowd outside the US Consulate-General.

Apart from welcoming Vanuatu's initiative to press for a United Nations special envoy on West Papua, and the Solomon Islands decision to appoint a special envoy, Mote was positively upbeat about the upsurge in Pacific regional support for the West Papuan human rights cause.

Mote also had a message about the impending release of jailed West Papuan activist Filep Karma – who is due to be freed today on Indonesia's Independence Day national holiday, marking 17 August 1945 when the Indonesian nationalists issued a proclamation of sovereignty and began armed resistance to overthrow Dutch colonial rule.

Karma was jailed in 2004 for 15 years for raising the Morning Star flag, the outlawed symbol of Papuan independence. But he is defiant about the plan to free him from Abepura prison in Jayapura.

He is only interested in an unconditional release so that he can resume campaigning for West Papuan self-determination. In a statement released through activist circles and cited by Tabloid Jubi, he declared:

"I, Filep Samuel Karma, reject the offer of remitting my sentence in celebration of Indonesia's National Independence Day on August 17. The independence day of West Papua, my own nation, is December 1.

"I will only accept an unconditional release. If an unconditional release is offered, I would be happy to walk free from Abepura Prison on August 18, my own personal independence day.

"I did not commit any crime when I raised the Morning Star flag in 2004. I will keep campaigning for independence once I am free."

Source: http://cafepacific.blogspot.co.nz/2015/08/tppa-walk-away-rally-welcomes-west.html

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NZ: Papuan leader joins rally against TPP corporate trade deal

Pacific Media Centre - August 16, 2015

Auckland – West Papuan pro-independence leader Octo Mote, currently visiting New Zealand on a lobbying mission, marched in solidarity along with thousands of protesters in Auckland yesterday voicing their opposition to the controversial proposed Trans-Pacific Partnership pact.

New Zealand along with 11 Asian and Pacific rim countries, including the United States, have been negotiating over the secret terms of the treaty expected to provide corporations with greater power at the expense of the sovereignty of member governments and their policies.

On Friday night, Mote, a former top Papuan journalist and now secretary- general of the United Liberation Movement of West Papua (ULMWP), spoke to a meeting of West Papuan advocates and supporters in Auckland, saying there had been a groundswell of people's solidarity movements in the Pacific for West Papua.

Mote welcomes the Solomon Islands decision to appoint a special envoy on West Papua and to make human rights a priority for the Pacific Islands Forum in its leaders summit in Port Moresby next month. Many supporters in the anti-TPPA crowd were wearing "Free West Papua" tee-shirts.

About 10,000 people were estimated to have taken part in the Auckland march, organised by Barry Coates, of the lobby group It's Our Future. About 5000 people took part in the Wellington march, 4000 in Christchurch and 2000 in both Dunedin and Hamilton.

The TPPA negotiations stalled in Hawai'i two weeks ago and Trade Minister Tim Groser has been defending the treaty in spite of barriers against New Zealand's dairy products.

Dr Jane Kelsey, a law professor and author of The Fire Economy, a recent book highly critical of New Zealand's economic policies, says the planned treaty is "hugely unpopular domestically and I think he might be laying the groundwork to justify New Zealand not being part of a final deal."

(Pacific Scoop/Pacific Media Centre/Pacific Media Watch)

Source: http://www.pmc.aut.ac.nz/pacific-media-watch/nz-papuan-leader-joins-rally-against-tpp-corporate-trade-deal-9385

Military ties

Indonesian, Australian air force hold joint exercise

Antara News - August 21, 2015

Kupang, East Nusa Tenggara – The Indonesian and Australian air forces will hold a joint exercise entitled, "Eagle Ausindo 2015" from August 21 to 29, El Tari Air Force Base Commander, Colonel Andi Wijaya, said on Friday.

Under the joint exercise, the Royal Australian Air Force has deployed a fighter aircraft F-18 Hornet, as well as the C-17 Globe Master. "These advanced aircraft have landed at the El Tari air base in Kupang," he said.

Meanwhile, the Indonesian Air Force will deploy five F-16s from the Air Squadron 3, one Super Puma Helicopter from Air Squadron 6 and a C-130 Hercules A-1327 from Air Squadron 31.

The exercise is aimed at improving cooperation in the defense field between the two countries and enhancing the ability of each air force personnel. According to Wijaya, more joint exercises will be conducted in Australia, but the time and location are yet to be determined.

Improving Air Force personnels abilities should continue through their maintaining fitness and strength in carrying out their duties as the guardians of Indonesian sovereignty.

"Indonesias territory should be maintained properly and therefore the ability of the personnel should be improved with continuous practice," he said.

Source: http://www.antaranews.com/en/news/100107/indonesian-australian-air-force-hold-joint-exercise

Human rights & justice

Reconciliation not enough to address the painful past: Activists

Jakarta Globe - August 23, 2015

Jakarta – Activists called for an overarching judicial approach to Indonesia's past human rights violations at conference on Friday, saying reconciliation wasn't enough to heal wounds.

"What is reconciliation exactly? It is only a term... not substantive," Kamala Chandrakirana, of the Coalition for Justice and Truth Revealing, told ucanews.com at the public discussion held in Jakarta.

She and other rights workers are encouraging the government to institute a "six-pillar framework," which includes legal recourse, truth commissions, victim support, public dialogue, education and policy initiatives to prevent future abuses.

The National Commission on Human Rights (Komnas) has indicated seven cases of "gross human rights violations" in Indonesia's modern history. These include the 1965 anti-communist massacre, which saw half a million people killed, as well as a number of more recent extrajudicial killings of students and activists. In spite of ample documentation, there has been virtually nothing in the way of legal remedy for the victims.

Mualimin Abdi, the director general of human rights at the Justice and Human Rights Ministry, said the government supported reconciliation but was unlikely to pursue the judicial elements of the suggested "six pillars."

"We can assume that past human rights violations should be addressed with reconciliation. I think this is the best," he said.

On Aug. 14, President Joko Widodo stressed that addressing human rights violations was of paramount importance.

"Right now, the government is trying to seek the wisest solution to cases of human rights violations in this country. The government wants a national reconciliation so that the next generation will no longer carry the burden of the past," he said.

But for Joko Ciptadi, who was taken to jail during the anti-communist massacres of 1965, such reconciliation is insufficient. "I was jailed when I was just 15 years old. I did not have a chance to have a proper education. Everything was gone only because I was labeled as a communist," he told ucanews.com.

Released in 1977, Ciptadi also urged the government to admit that they have committed human rights violations. "There must be an acknowledgement and an apology as well from the government. Then the government can restore our rights in all aspects – economy, social and culture," he said. "There is no justice yet."

[This story was first published by Ucanews and was edited for style by the Jakarta Globe.]

Source: http://jakartaglobe.beritasatu.com/news/reconciliation-not-enough-address-painful-past-activists/

House opposes apology for 1965 purge

Jakarta Post - August 22, 2015

Tama Salim, Ina Parlina and Margareth S. Aritonang, Jakarta – The House of Representatives has criticized the government's plan to issue an apology to families and victims of the 1965 communist purge.

House deputy speaker Fadli Zon advised President Joko "Jokowi" Widodo against offering them a formal apology, arguing that it would cause unrest among the public.

"We welcome the idea of reconciliation; it depends on how that will be achieved. We also want to settle [rights violation cases in the country], but apologizing to the PKI [the Indonesian communist party] is not the way to do it. Instead of resolving the issue, that would just create new ones," Fadli told reporters.

According to him, the bad reputation of the PKI has been so long ingrained in the public psyche that it is considered a historic fact by the majority of people. Offering an apology to them would just spark a conflict among people who harbored antipathy toward communism, Fadli said.

"What's happened in the past involves both winners and losers and both feel entitled to justice," he said, while also suggesting that the government take a more natural approach to national reconciliation.

Separately, newly appointed Coordinating Political, Legal and Security Affairs Minister Luhut B. Pandjaitan said the issue of past human rights abuses needed to be handled with the utmost care.

Luhut, who is expected to expedite the ongoing process for settlement, said he was still looking at the options available. "I think we can't force the process to speed up. We want to resolve all of these cases in the best way possible," he said at the State Palace on Friday.

Meanwhile, a government-sanctioned team, set up last April and tasked to find options on how to solve past rights abuses, had concluded after long discussions that a truth and reconciliation committee should be established to answer directly to the President.

The team recommended that the choice between using judicial or non-judicial mechanisms should be decided on a case-by-case basis.

The team consists of officials from the Office of the Coordinating Political, Legal and Security Affairs Minister, the Law and Human Rights Ministry, the Attorney General's Office (AGO), the National Police, the National Intelligence Agency (BIN), the military and the National Commission on Human Rights (Komnas HAM).

Although discussions are ongoing, the team is convinced that national reconciliation is preferred over establishing an ad hoc human rights court.

"It's not easy to set up a human rights court if, for example, we agree to take on that [option] in two or three years," said the Law and Human Rights Ministry's director of human rights and justice, Mualimin Abdi, on the sidelines of a discussion on Friday.

Civil society groups have opposed the government's proposal for reconciliation. The Coalition for Justice and Revelation of Truth (KKPK), which houses various human rights watchdogs in the country, is convinced that reconciliation alone is not enough to comprehensively bring about justice for all, especially for victims and their family members.

"It is still unclear how the government defines reconciliation," said KKPK coordinator Kamala Chandra Kirana.

"We believe that one single way – judicial or non-judicial – is not enough to solve such complicated cases. We need a multi-dimensional approach to really settle them. We want to introduce a six-pillar solution to the government that, if upheld, needs to involve all ministries, including the Social Affairs Ministry and the Coordinating Human Development and Culture Ministry, to restore the rights of the victims and their families," she added.

The six-pillar solution entails upholding the law, which would allow the establishment of a human rights court, revealing the truth, restoring the dignity of victims in order to fulfill their rights, providing education to the public about the cases in order to achieve reconciliation, eliminating the culture of impunity by issuing progressive policies and involving the voices of victims in the whole process.

Source: http://www.thejakartapost.com/news/2015/08/22/house-opposes-apology-1965-purge.html

Luhut expected to accelerate reconciliation

Jakarta Post - August 20, 2015

Margareth S. Aritonang, Jakarta – Hopes are high for newly appointed Coordinating Political, Legal and Security Affairs Minister Luhut Binsar Pandjaitan to speed up the ongoing process to settle past rights abuses, which has been sluggish due to political obstacles.

Luhut is expected to pick up where his predecessor Tedjo Edhy Purdijatno left off in leading a team assigned to discuss how to reach resolutions. The retired military general, who is supposedly close to rights campaigners in the country, will also open the process to the public to hinder it becoming too "elitist".

Human rights activists have slammed the team, which includes representatives from the Law and Human Rights Ministry, Attorney General Office, National Police, National Intelligence Agency (BIN), Indonesian Military and National Commission on Human Rights (Komnas HAM), as being too exclusive. They claim it leaves the public, and particularly the "voices of victims" and their family members, out of the discussion.

Zaenal Abidin from the Institute for Policy Research and Advocacy (ELSAM) blamed people making links between the ongoing resolution talks and the rise of the Indonesian Communist Party (PKI) on the government's lack of transparency in delivering the process.

"Thus Luhut must take the lead to continue the process in a more transparent way. Open the whole process to the public to avoid speculation and misunderstanding. Involve victims and their families to accommodate their needs," Zaenal told The Jakarta Post on Wednesday.

Anti PKI protests were held in several regions following misinterpreted information that circulated in the public of a plan by President Joko "Jokowi" Widodo to deliver an official apology to the communist party during his speech to commemorate the country's 70th anniversary at a ceremony at the legislative building on Aug. 17. The protests even turned violent in some regions with anti-communist supporters burning PKI's flag.

However, Jokowi did not mention the PKI or deliver a state apology in his speech, but only emphasized the government's commitment to search for the best solutions to find reconciliation.

"Today the government is seeking the wisest and noblest solutions to resolve rights violation cases in the country. We want a national reconciliation so that the future generations do not have to shoulder the historical burden of the past. The children of the nation should feel free to look to the future. All of this is only the initial steps of the government to uphold humanity in our homeland," he said.

The government's team is still discussing the solution mechanism as well as determining the priority cases that it will aim to accomplish by the end of Jokowi's five-year term.

The discussion involves gross human rights violations in the past, including the (1989) Talangsari incident in Central Lampung, the (2001 and 2003) Wamena and Wasior incidents in Papua, various kidnappings, unresolved shootings in the 1980s, the 1965 communist massacre and the 1998 May riots.

Luhut has yet to make a public statement on the matter. On the sidelines of the hand over ceremony from Tedjo to Luhut at the Coordinating Political, Legal and Security Affairs Ministry on Aug. 12, Luhut said, "It is a priority, but I need to look at all the documents," in response to the Post's queries.

Komnas HAM chief Nur Kholis said that the rights commission was ready to resume discussions with other members of the task force under the leadership of Luhut in the near future.

"We hope newly appointed leaders within the team can immediately tune in with the process. However, we are confident that we are moving forward," Nur Kholis assured.

Source: http://www.thejakartapost.com/news/2015/08/20/luhut-expected-accelerate-reconciliation.html

Government mulls apology for anti-communist purge

Jakarta Post - August 19, 2015

Jakarta – Law and Human Rights Minister Yasonna H. Laoly said that the government continued to review a proposal to make a public apology to the families and victims of the 1965-1966 anti-communist purge.

"We're still reviewing the plan because it would involve a number of cases," Yasonna told reporters.

Yasonna said that the apology would constitute one of two options that the government could take to try and bring about some closure to one of the darkest episodes in the country's modern history.

"There are be two options, judicial and non-judicial, and now we're leaning toward the non-judicial option," Yasonna said. He said that the ministry had yet to brief President Joko "Jokowi" Widodo on which option he should take.

The National Commission on Human Rights (Komnas HAM) declared in its findings on Monday that the systematic persecution of alleged members of the Indonesian Communist Party (PKI) after the failed 1965 coup constituted a gross violation of human rights. The commission requested military officials who were involved in the purge to be brought to trial.

The Jokowi administration has decided to establish a non-judicial mechanism to resolve past human rights abuses in cases where there is an absence of solid on-the-ground evidence on which to settle the cases legally.

Source: http://www.thejakartapost.com/news/2015/08/19/national-scene-govt-mulls-apology-anti-communist-purge.html

Defense minister Ryacudu says no need to apologies to PKI families

Merdeka.com - August 19, 2015

Defense minister Ryamizard Ryacudu says that the government does not need to apologise to the families of former Indonesian Communist Party (PKI) members, saying that the PKI killed seven generals and organised a coup in Indonesia.

"Sorry, we'll just use logic here. Don't go throwing accusations around, just use logic. Who was it that rebelled, who was it that killed first, who killed the TNI [Indonesian military] generals. How can you apologise to those who killed and rebelled", Ryacudu said during a goodwill meeting with the mass media at his office in Jakarta on Wednesday August 19.

"It's the same as if, if I was beaten up, black and blue, and then I had to apologies. Would that be right", said the former army chief of staff in an outburst of emotion.

According to Ryacudu the government will not move forward if it keeps digging into a past that cannot be resolved. Because of this therefore, it is better that history be used as a lesson for the nation.

"Enough, bury it. We [should] build the nation for the future. Apologising means to be in the wrong, then [they'll] ask for compensation, then what next? It'll never be resolved. We've already guessed as much. We've built something, don't defile it like that. What's past is past, let it be a lesson for us", he said.

Furthermore, Ryacudu said he would convey the view that the government does not need to apologies to President Joko "Jokowi" Widodo. In fact the government has never borne a grudge against PKI victims.

"It was a coup, killings, why should we apologise. Enough, we've shaken hands, we've worked for our country. Do you still want to bear a grudge. For religious people, for our father, we are their favorite person. If he's wrong, sorry is enough", he asserted.

Ryacudu gave the example of a child who even though their parents committed a wrong against them, did not hold a grudge and apologised. This feeling, he said was because of the child's love for their parents.

"So don't these PKI families care about Indonesia. There's no need to bear a grudge. You have to think clearly, if you hold a grudge you'll never move forward, just add to the complexity of our problems", he said.

Notes

Ryamizard Ryacudu is a former army general known for his hardline stance on separatism and xenophobic remarks and criticism of rights activists. In 2001 he praised the killing of prominent Papuan independence leader Theys Eluay saying the Kopassus (Special Forces) soldiers who murdered him were "heroes". He is a close ally of Indonesian Democratic Party of Struggle (PDI-P) chairperson Megawati Sukarnoputri and as army chief of staff during her presidency oversaw military operations in Aceh and Papua resulting in countless civilian casualties.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was "Menhan sebut PKI sudah bunuh 7 jenderal, permintaan maaf tak perlu".]

Source: http://www.merdeka.com/peristiwa/menhan-sebut-pki-sudah-bunuh-7-jenderal-permintaan-maaf-tak-perlu.html

Women's rights

Women call for end to discrimination in bylaws

Jakarta Post - August 19, 2015

Jakarta – Women's rights activists plan to personally meet with Home Minister Tjahjo Kumolo to persuade him to annul laws and bylaws that discriminate against women.

The Home Ministry has identified 139 bylaws that it believes violates the rights of women. The ministry, however, has declined to give any specific details about the problematic bylaws.

Legal expert Bivitri Susanti said that the government should have been able to solve these problems earlier as these problems had persisted for more than a decade.

"There are hundreds of problematic bylaws that have been enacted since 2002. The government seems unable to control them simply because they are not courageous enough to annul them, especially those related to, or emanating out of, religion. This has a good deal to do with the present political dynamics in the country. My suggestion is that activists and the ministry form a special team to pinpoint which bylaws ought to be annulled," Bivitri told The Jakarta Post on Tuesday.

The activists, allied with the Women's Movement for a Diverse Indonesia, said that many regulations had limited women's movement, freedom and access to economic welfare.

"There are more and more bylaws that regulate a female's privacy rather than more pressing problems that deal with people's welfare. I question the quality of our regional councillors. They should care more about issues such as health, education, clean water, access to electricity and staple food prices rather than fussing over how women should dress and what time they should go home." Ruby Khalifah, coordinator of the movement, said Tuesday at a press conference.

She added that regional councilors often did not consult with the public in formulating the bylaws, ignoring scrutiny from the public simply because there was no communication between the government and the public.

Ruby also criticized councillors' lack of initiative in drawing up bylaws. "The councils have a particular budget designed to help them formulate quality bylaws. But in practice, they merely copy bylaws from other regions, so the use of the budget is questionable," she said.

Many of the bylaws passed by local councils have limited female freedom throughout Indonesia. Such bylaws included regulations that controlled what was or was not considered female decency in Aceh, Banten and West Sumatera.

For example, the Banda Aceh Municipality recently banned women working at tourist sites to work after 11 p.m. Tangerang bylaws on prostitution meanwhile had caused the arrest of women for prostitution simply because they walked home alone from work at night.

Nani Zulminarni, director of the Association of Women-Headed Households (PEKKA), said that such regulations reduced job choices and opportunities for women, and that this was especially damaging to those women who were the heads of households.

Others bylaws mandate an obligation for Muslim women to wear proper headscarves and Muslim long-wear in various places in Aceh, West Sumatera, Banten, West Java, Madura, South Sulawesi and West Nusa Tenggara.

"Imagine if a farmer has to wear long Muslim wear in the field. This limits her work and makes her feel excluded from other women who are free from having to do so," Nani said.

The activists also touched on Law No. 39/2004 on the protection of migrant workers. They believe that the law does not adequately protect female migrant workers when facing discrimination abroad.

Source: http://www.thejakartapost.com/news/2015/08/19/women-call-end-discrimination-bylaws.html

Labour & migrant workers

Workers demand safety improvement

Jakarta Post - August 19, 2015

Jakarta – Workers have demanded that the management of steel factory PT Karawang Prima Sejahtera Steel (PT KPSS) in West Java improve its workplace safety following Saturday's explosion that left one dead and nine people injured.

"Compensating the victims for the incident is a must. But the company's management must also perform a thorough evaluation of its workers' safety," Legianto, a leader of the Karawang Workers Association, said on Tuesday.

He said that the company had yet to fully meet standards of the obligatory occupational health and safety program or provide workers with adequate personal protective equipment.

"Aside from inadequate safety equipment, for instance, they have yet to install safety signs at the site. Workers are not well informed of dangerous areas that they should not enter," Legianto said, adding that his association would hold a meeting with the company's management next week.

The 10 victims, who suffered from burn injuries, were rushed to Karawang General Hospital following the incident that took place in Pangkalan, Karawang. Two of them, who were in critical condition, were later admitted to Hasan Sadikin General Hospital in Bandung.

One of the two patients, a Chinese worker, eventually died on Saturday evening.

Source: http://www.thejakartapost.com/news/2015/08/19/greater-jakarta-workers-demand-safety-improvement.html

Environment & natural disasters

KPK to investigate illegal forest land use permits

Jakarta Post - August 22, 2015

Jakarta – The Corruption Eradication Commission (KPK) started work on Friday to deal with the rampant illegal issuance of forest use permits by enlisting the help of three relevant ministries.

KPK leaders on Friday held a meeting with Home Minister Tjahjo Kumolo, Environment and Forestry Minister Siti Nurbaya and Agrarian and Spatial Planning Minister Ferry Mursyidan Baldan to devise a strategy to deal with the issue.

"The KPK asked us to come to map a number of areas of forests, including mining areas, in every city and regency [nationwide]. There has been a real problem of overlapping use of land. On average, provinces have more than 300 [pieces of forest land] for which use permits are held by more than one person," Tjahjo told reporters at the KPK headquarters in South Jakarta on Friday.

Tjahjo said that at the meeting, the KPK and the three ministries agreed to set up a team to issue technical guidance on how to deal with the problems.

The team will also help the KPK and ministries to formulate regulations to prevent more issuances of illegal permits. "We want to reset [the regulations] to prevent protected forests from being used illegally," he said.

Tjahjo said that the illegal occupation and use of land needed to be resolved as soon as possible to avoid more conflicts among permit holders and greater state losses.

The government has so far focused on prevention because it did not want to add to the KPK's burdens.

"The KPK wants to save the land and prevent more problems. We don't want this to be a burden as [the KPK] already deals with thousands of other cases," Ferry said after the meeting. The effort would first focus on preventive measures, Ferry said.

"We touched on that [the state losses] a little but the discussion focused on the prevention because we if we don't do this, the KPK will have to crack down on the cases and persecute all [people involved]," Siti said.

Siti added that the mess in the issuance of land use permits had taken its toll on indigenous communities. Overlapping certificates for land use had impacted the lives of indigenous tribes who depended on the forests, Siti said.

"The certificate issuance is not under my ministry [but the Agrarian and Spatial Planning Ministry], but it affects the tribes who live in the forests. I need to stand up for their rights," she said.

The overlap in the issuance of land certificates, according to Siti, was due to the different rules applied by the three ministries, which had yet to synergize when it came to regulations especially during former president Susilo Bambang Yudhoyono's term.

"[In the field] sometimes it's hard to implement all the regulations from the different ministries because we had different rules when we formulated them. Now we want to tidy it up," she said, adding, however, that the task would be enormous.

"There's even a forest with an airport, housing complexes and schools built illegally in it," Siti said. (rbk)

Companies blamed for hectares of peatland fires in Jambi

Jakarta Post - August 21, 2015

Jon Afrizal and Rizal Harahap, Jambi/Pekanbaru – It is believed that oil palm plantations and industrial forest companies have played roles in the spreading of fires currently burning hundreds of hectares of peatland in West and East Tanjungjabung regencies, Jambi province.

"Fire mitigation is urgent. The government, as the license issuer, should have asked the companies to be responsible for keeping their respective areas free of fire," the assistant coordinator of the Indonesian Conservation Community (KKI) Warsi, Kurniawan, said on Thursday.

Kurniawan blamed the fires on the canalization and drainage system developed by plantation and industrial forest companies on peatland. He said the canals dried out the surface of the peatland, making it easier for fires to start.

He also said that under the prevailing policy, authorities could monitor the minimum water level of 40 centimeters on peatland as required by Government Regulation No. 71/2014.

The government, according to Kurniawan, could also demand that canals have gates that can be opened and closed. That way, during the dry season the canal gates could be closed to help slow down the decrease in the water level on peatland.

He said that although managing peatland for industrial and economic purposes was allowed, there were tight rules on how to exploit peatland and how to build canals on it as stipulated in Agriculture Ministerial Decree No. 14/2009 on peatland utilization.

"In practice, many of the canals were not built according to the regulation. Enforcement is also not effectively conducted," Kurniawan said.

Jambi was initially recorded as having 670,413 hectares of peatland. Of the area, 86,442 hectares have been converted into industrial forests and 136,396 more are managed by large-scale oil palm plantation companies.

KKI Warsi, however, noted that of the peatland issued concession licenses, 29,701 hectares had a depth of more than 4 meters, meaning that they should have been categorized as conservation areas.

Meanwhile in Riau, hot spots were reported to have been emerging in nine regions, namely Indragiri Hulu, Pelalawan, Indragiri Hilir, Kuantan Singingi, Kampar, Rokan Ulu, Bengkalis, Meranti Islands and Siak.

"Of the hot spots, 58 have been identified as fire spots with a reliability level of over 70 percent, indicating forest and land fires," said the head of the Meteorology, Climatology and Geophysics Agency's (BMKG) Pekanbaru office, Sugarin.

He said the most fire spots, or 29, had been detected in Indragiri Hilir, followed by Pelalawan with 15. Sugarin said an increase in the number of hot spots was also detected in other regions across Sumatra Island, where a total of 720 hot spots were detected on Thursday morning.

Source: http://www.thejakartapost.com/news/2015/08/21/companies-blamed-hectares-peatland-fires-jambi.html

Disability rights

House urged to amend discriminatory disability law

Jakarta Post - August 18, 2015

Jakarta – Flawed regulations have given rise to stigma and discrimination toward people with disabilities. In response, activists have called on the House of Representatives to amend the 1997 disability law.

Head of Indonesian Women with Disabilities Community, Maulani A. Rotinsulu said that Law No. 4/1997 on people with disabilities considered disabled people as problems, while Law No. 19/2011 on the rights of the disabled lacked details on how disability rights should be protected.

"The 1997 law, for instance, defines a disability as if it is a handicap," Maulani said.

Atma Jaya University pyschologist Irwanto, who is wheelchair-bound, said that the 1997 law was a reflection of a society that was insensitive toward people with disabilities.

"One of the sensitivities that people should have is to not pity disabled people nor compare them with normal people, even when your intentions are good," Irwanto said in a discussion on the amendment of the laws on disabled people in Jakarta on Monday.

He said that the majority of the public stigmatized disabled people, which in turn hampered the ability of disabled people to fulfil their destinies and to secure their rights.

Maulani said that life for the majority of disabled people was difficult not because of their physical problems, but rather was made difficult because of the discrimination directed against them.

"My life has been difficult since the time I had to amputate my right arm after an accident. However, it was people's discrimination that hurt me more. The recruitment process for me to join a state-owned bank in the 1980s was smooth until they knew about my prosthetic right arm," Maulani said, adding that she did not get the job after she told her examiner about her condition at the final stage of the recruitment.

Both Maulani and Irwanto called on the House of Representatives to amend the two laws, which were both scheduled for amendment during the 2009-2014 tenure of President Susilo Bambang Yudhoyono.

Lawmakers failed to deliberate on the amendment proposals, and in time their terms expired and discussion on the bill was forced to go back to square one.

The administration of President Joko "Jokowi" Widodo has made the amendment of the two laws a priority by including them as part of the National Legislation Program (Prolegnas).

However, the House appeared to lack interest in reviewing the laws, with only a handful of lawmakers showing up for a meeting on the amendment of the laws.

Disability activists have urged lawmakers to use an existing draft that had been discussed earlier by their predecessors. Unlike the 1997 law, which has only 31 articles, the new draft has 268 articles that provide detail on the rights of disabled people and how to secure them.

"Under the proposed draft, disabled people are those with physical, mental and or intellectual disabilities whose social interaction is hampered by a discriminatory system and a prejudiced public attitude," Maulani said, explaining the more comprehensive definition of disabled people outlined in the draft.

The current draft also contained regulations providing details regarding access to public facilities for disabled people.

Another breakthrough is that the draft mandates that the state must construct a national commission for the protection of the rights of disabled people.

The draft also provides detail regarding penalties for those who violate the law, and violate the rights of the disabled. For example, any person involved in caging people with schizophrenia could receive a maximum sentence of five years in prison.

Disability groups have also called for a 25 percent reduction in the cost of public transportation, water and electricity for disabled people.

"Living costs for people with a disability in Indonesia is high. Many of them are forced to take taxis, for example, rather than the bus, because public buses are just not accessible," she said.

Arteria Dahlan from House Commission II on home affairs acknowledged the limitation of the existing laws and she pledged that the House would expedite deliberations of the amendment. (rbk)

Source: http://www.thejakartapost.com/news/2015/08/18/house-urged-amend-discriminatory-disability-law.html

Sex workers & prostitution

Minister launches prostitution-free national movement

Antara News - August 21, 2015

Jayapura, Papua – Social Affairs Minister Khofifah Indar Parawansa has launched the Prostitution-Free National Movement 2015 in the Papua provincial city of Jayapura on Friday in a bid to free Indonesia from prostitution by 2019.

In the company of Womens Empowerment and Child Protection Minister Yohana Yembise, Parawansa launched the Prostitution-Free National Movement by beating a tifa, a Papuan traditional musical instrument, and by releasing 34 doves and balloons into the air.

Following the launch, the Tanjung Elmo red light area at East Sentani will be closed for good, and the commercial sex workers will be sent back to their respective hometowns.

"We hope that the former commercial sex workers, who will return to their respective hometowns, can get decent jobs, and a joint business group could be urged to help those affected by the closure of the local brothels," Parawansa stated here on Friday.

The minister remarked that the former commercial sex workers will receive a stipend of Rp5 million from the Ministry of Social Affairs and Rp5 million from the Jayapura district government.

Source: http://www.antaranews.com/en/news/100094/minister-launches-prostitution-free-national-movement

Outdated prostitution laws to be revised

Jakarta Post - August 19, 2015

Archipelago – The Central Java administration plans to revise outdated regional regulations on prostitution that charge illegal sex workers a penalty of Rp 10,000 (72 US cents).

The head of the regional regulation agency at Semarang Legislative Council, Suharsono, explained that the revision was required because the old regulations were no longer effective.

"The law was issued in 1969, requiring that offenders pay a penalty of only Rp 10,000. That is not appropriate for current conditions," Suharsono told tempo.co recently.

Suharsono said that his agency had included the draft of the new regional bill on prostitution in the Council's legislative program this year. The Central Java administration, he said, had worked with non-profit organizations and academics in the drafting process for the bill.

"We are prioritizing the people's comfort by ensuring that this disease in the form of prostitution is tackled in Semarang," he said. Among the proposals in the new bill is the closure of prostitution centers in Semarang after five years of operation.

Ari Istiadi, the coordinator of Griya Asa, an organization that assists sex workers in Semarang, has welcomed the plan to abolish prostitution centers in stages, arguing that the scheme will allow sex workers to find other jobs. (ika)

Source: http://www.thejakartapost.com/news/2015/08/19/outdated-prostitution-laws-be-revised.html

Graft & corruption

Dubious KPK candidates still in running

Jakarta Post - August 23, 2015

Fedina S. Sundaryani and Ina Parlina, Jakarta – A committee tasked with selecting the next batch of Corruption Eradication Commission (KPK) commissioners says it will not automatically reject candidates who have received a bad rap from the public.

The team's spokesman Betty Alisjabana made the announcement following Indonesia Corruption Watch's (ICW) declaration on Friday evening that 10 out of 19 of the candidates had questionable track records.

"We are working with various institutions, all of which will fact check [the candidates' backgrounds] and submit the results to us. We can't declare that a candidate is problematic simply based on the report of one institution," she told The Jakarta Post on Saturday.

On Friday afternoon, ICW members Febri Hendri and Emerson Yuntho submitted their report on the candidates based on three weeks' research. In the week since the naming of the 19 candidates who had passed the latest stage, Febri said, the antigraft watchdog had received reports that cast a negative light on 10 of the candidates.

"We measured the candidates based on three aspects: integrity, quality and administration. [Based on the findings] a candidate could be problematic in more than one way," Febri said after meeting with the committee.

He said that ICW found there were candidates whose businesses had been implicated in past human rights abuses or tax problems, candidates with political interests and also candidates who had mismanaged funds and could potentially have committed graft themselves.

Febri also said that there were three candidates from law enforcement institutions who had not performed well when investigating graft cases. Furthermore, there were candidates who had too little experience and training in corruption eradication.

"We have also found that there are candidates who lack conviction in the corruption eradication program and would not perform well [as KPK leaders]," he said, adding that some of the candidates also got their degrees from higher education institutions of questionable repute. "We hope that the committee will take our findings into consideration," Febri said.

Betty said she appreciated the efforts of the ICW, one of the two civil society groups assisting the committee in the search for candidates, but emphasized that all information needed to be verified before it could be considered.

"There has been some contradictory information from several different institutions and we must evaluate and verify the information first to make sure that we are only dealing with facts," she said.

The short-listed candidates include three people from the KPK, five from the National Police, the Attorney General's Office and the judiciary and three academics.

Notable names include KPK commissioner Johan Budi, former Papua Police chief Insp. Gen. Yotje Mende and former Constitutional Court chief justice Jimly Asshidiqie.

After the eight final names are submitted to President Joko "Jokowi" Widodo on Aug. 31, he will then submit the names of those selected to the House of Representative for deliberation later this year.

The eight will join two candidates picked by a selection team set up by former president Susilo Bambang Yudhoyono, former KPK commissioner Busyro Muqoddas and Cabinet Secretariat international relations division head Robby Arya Brata.

Source: http://www.thejakartapost.com/news/2015/08/23/dubious-KPK-candidates-still-running.html

ICW red flags 10 KPK commissioner candidates

Jakarta Post - August 22, 2015

Jakarta – Indonesia Corruption Watch (ICW) has noted bad track records for 10 out of 19 candidates shortlisted to lead the Corruption Eradication Commission (KPK).

The candidates, selected by the all-female panel set up by President Joko "Jokowi" Widodo in May, are vying to become KPK commissioners for the period 2015 to 2020.

"As many as 10 candidates have negative track records," said a spokesperson for the ICW as quoted by tribunnews.com. He declined, however, to name the candidates that his institution had marked with red ink, but he said that they were all professionals working in state apparatus offices.

Based on the ICW research, eight of the ten apparently undesirable candidates have poor records in terms of integrity, while the other two simply lack the capacity to play the role of a KPK commissioner. "In our opinion, they do not deserve to hold the position of KPK commissioner," according to Febri Hendri of the ICW.

Among the bad records discovered by the ICW were asking a subordinate to commit an abuse of power and engaging in business with bad human-rights and environmental standards. There is also a candidate with a history of tax evasion and with problematic links to political parties. Another candidate has links with the National Intelligence Agency.

Other candidates have been accused of embezzling funds in their workplaces, according to the ICW, and others seem to have no real intention to fight corruption, based on their records of acquitting alleged corruptors or after convicting them, giving them light sentences.

The ICW has delivered its findings on the KPK candidates to the official selection panel during a meeting the panel had with the State Secretary on Friday night. ICW has called on the selection panel not to include the ten red-flagged candidates in its submission to President Joko "Jokowi" Widodo, who along with members of the House of Representatives will also assess their suitability.

President Jokowi selected nine female experts for the KPK commissioners' selection panel. The team members' backgrounds include law, economics and management, psychology, sociology and governance studies. (bbn)

Source: http://www.thejakartapost.com/news/2015/08/22/icw-red-flags-10-KPK-commissioner-candidates.html-0

Prosecutors reject dossier on Samad, again

Jakarta Post - August 22, 2015

Jakarta – The South Sulawesi Prosecutors' Office has again returned to the police the case dossier of Abraham Samad, the former chairman of the Corruption Eradication Commission (KPK), who was accused of counterfeiting identity card documents of a woman known as Feriyani Lim.

"[On Thursday] we handed back the dossier to police investigators," said Muhammad Yunus from the South Sulawesi Prosecutors' Office in Makassar on Friday.

Yunus said that based on what was presented to the Attorney General's Office, the case built by South and West Sulawesi Police did not yet meet the requirements set by prosecutors. He declined to give any more detail.

Previously however, he had said that the testimony made by Feriyani, also a suspect in the case, should be compared to the testimony of a witness known as Sukriansyah Latief, because there were differences in their respective testimonies regarding the role of Abraham Samad.

Both Abraham and Feriyani were accused of counterfeit when processing the ID of Feriyani, contravening both the Criminal Code and Law No. 23/2006 on population administration. The same dossier was returned to the police three times before: on May 6, June 18 and July 28 of this year.

The police in Makassar had named Abraham a suspect in connection to his alleged involvement in the fraudulent issue of ID and family cards to Ferriyani Lim, from West Kalimantan, to enable her to apply for a passport in 2007.

Abraham and former KPK deputy chairman Bambang Widjojanto were investigated by the police after the KPK named then police chief candidate Comr. Gen. Budi Gunawan a graft suspect. Budi was announced as a graft suspect one day before he underwent his screening by House Commission III overseeing legal affairs, on Jan. 1.

Source: http://www.thejakartapost.com/news/2015/08/22/national-scene-prosecutors-reject-dossier-samad-again.html

KPK should exist until corruption extinct: Kalla

Jakarta Post - August 20, 2015

Jakarta – Vice President Jusuf Kalla said that the country still needed the Corruption Eradication Commission to combat corruption.

He also said that Indonesian Democratic Party of Struggle (PDI-P) matron Megawati Soekarnoputri had never said that the KPK should be disbanded.

"We still have many corruption cases despite the declining trend [of the number of cases]," said Kalla on Wednesday. He said that he believed Megawati shares the same vision.

There has been controversy over Megawati's remarks about the antigraft body. In her speech on Tuesday, Megawati reminisced that it had been more than 10 years since she, then the country's president, initiated the KPK. And she wondered when KPK, as an ad hoc body, would be disbanded.

She later said that KPK would exist as long as corruption exists. She later demanded government officials stop their corrupt practices, so that the country would no longer need the antigraft body.

The KPK was established in 2002, amid low public trust of the police and prosecutors, who rarely handled corruption cases. As an extraordinary law enforcement institution KPK has the authority to investigate, prosecute and convict corruption suspects.

Source: http://www.thejakartapost.com/news/2015/08/20/national-scene-KPK-should-exist-until-corruption-extinct-kalla.html

MA rejects recommendations to sanction judge Sarpin

Jakarta Post - August 19, 2015

Jakarta – The Supreme Court (MA) has decided to reject the Judicial Commission's (KY) recommendation regarding the alleged breach of ethics by South Jakarta District Court judge Sarpin Rizaldi.

"We have issued all of our recommendations in the letter. The letter is the result of a solid leadership decision, [which consists of] one opinion," said Supreme Court chief justice Hatta Ali on Wednesday as quoted by Antara news agency.

He added that the allegations directed at Sarpin involved judicial technicalities. "The judicial technicality issue is the issue of the judge's independence, no one can intervene or interfere. Even myself as the Supreme Court chief justice cannot interfere with a case that is being handled by the court below," said Hatta.

Hatta asserted that MA did not find any violations that related to judicial technicalities. "We didn't find any of that, especially violations that relate to judicial problems; there are none," said Hatta.

Previously, KY had sent recommendations to MA to impose punishment in the form of a suspension for six months to judge Sarpin after they found violations regarding his controversial decision on the pretrial hearing of the National Police deputy chairman Comr. Gen. Budi Gunawan in February. (kes)

Source: http://www.thejakartapost.com/news/2015/08/19/ma-rejects-recommendations-sanction-judge-sarpin.html

Megawati's KPK message twisted by media: PDI-P

Jakarta Post - August 19, 2015

The Indonesian Democratic Party of Struggle (PDI-P) has slammed the media's coverage of a statement by its party chairwoman Megawati Soekarnoputri regarding the Corruption Eradication Commission (KPK), claiming her message had been distorted.

PDI-P faction secretary at the House of Representatives, Bambang Wuryanto, said that the media had reported her statement inaccurately. "Bu Mega was slandered by the false reports. We are considering taking legal action," said Bambang as quoted by Tempo.co on Wednesday.

Megawati was a keynote speaker at a seminar held by the People's Consultative Assembly (MPR) last Tuesday, and during her speech said, "We must stop the corruption so that the commission, which is temporary in nature, can be disbanded."

"It seems that the current [corruption eradication] efforts are beating around the bush, and thus, we don't know how long the KPK will continue to exist – though initially its formation was for good reason," said Megawati.

Megawati said that the KPK was formed to eradicate corruption, so it would only be logical for it to be disbanded once corruption had been dealt with.

The fifth Indonesian president admitted immediately during her speech that those words of hers would draw support and condemnation from different people, and that she would even be bullied by people who found her words provocative.

During Megawati's speech, Bambang said, he and his colleagues listened carefully, and heard no statement calling for the KPK to be disbanded. What she meant, according to Bambang, was for those in public office to stop their corruption so that the KPK's work could be considered completed.

"We saw and read the reactions on social media where people considered the news reports as the truth – of course we're upset," said Bambang. (rad/bbn)

Source: http://www.thejakartapost.com/news/2015/08/19/megawati-s-KPK-message-twisted-media-pdi-p.html

Majority of graft inmates get independence day sentence cuts

Jakarta Globe - August 18, 2015

Jakarta – Nearly 2,000 graft convicts are among more than 118,000 inmates across Indonesia gifted hefty sentence cuts in the observance of the nation's 70th independence anniversary on Monday.

Justice Minister Yasonna Laoly, who has long sought to go easy on graft convicts, denied that his office was handing out sentence cuts too generously, saying it was the right of every inmate, including the 1,938 graft convicts who saw their sentences slashed by up to three months.

"We [handed out] the remissions [...] based on the inmates' good behavior," Yasonna said in Jakarta on Monday.

"In Saudi Arabia, whenever the king celebrates his birthday, the prisoners are awarded with sentence cuts. The Indonesian government shouldn't be selfish, [prisoners here] also deserve remissions," he added.

There are 2,802 individuals in jail on corruption convictions, meaning most, though not all, received a sentence cut.

Among those whose requests for cuts were rejected are former Constitutional Court chief justice Akil Mochtar, former Banten governor Ratu Atut Choisiyah, and former Democratic Party politician Angelina Sondakh.

An official with the Justice Ministry's Directorate General of Corrections, Akbar Hadi, said all other eligible prisoners, except those serving life in prison and those on death row, received sentence cuts of up to three months. The cuts also allowed 5,682 inmates to be released.

Akbar said that among the aims of regular sentence cuts, handed out during major public holidays, was the need to address the severe overcrowding in Indonesian prisons.

"They can also have an opportunity to reintegrate into society and rejoin their families, as well as to refine their [personal] quality and behavior," he said.

Source: http://jakartaglobe.beritasatu.com/news/majority-graft-inmates-get-independence-day-sentence-cuts/

Hundreds of graft convicts get sentence cuts

Jakarta Post - August 18, 2015

Jakarta – The Law and Human Rights Ministry gave sentence reductions to hundreds of graft convicts locked up in the country's prisons on Independence Day on Monday, including notorious tax official Gayus Tambunan and former Democratic Party treasurer M. Nazaruddin.

According to the ministry's directorate general for penitentiaries spokesperson, Akbar Hadi, the government gave sentence reductions to 2,786 convicts, 1,938 of whom were graft convicts.

Among the graft convicts who received sentence reductions were Gayus, Nazaruddin and his wife Neneng Sri Wahyuni. The ministry, however, decided against granting sentence reductions to a significant number of graft convicts.

"There are 848 of graft convicts who were not given sentence reductions as they require more assessment," Akbar said on Monday. Among those who were excluded from the list were former Democratic Party lawmaker Angelina Sondakh, former Constitutional Court chief justice Akil Mochtar and former Banten governor Ratu Atut Chosiyah.

The Jakarta Corruption Court in 2012 sentenced Nazaruddin to four years and 10 months in prison, and ordered him to pay Rp 200 million (US$14,432) in fines after finding him guilty in a corruption case surrounding the development of the Wisma Atlet SEA Games in Palembang, Sumatra. The Supreme Court added three years to his sentence in 2013.

Meanwhile, former tax officer Gayus was sentenced to 30 years in prison on multiple convictions: accepting bribes, failing to report gratuities, money laundering and bribing police officers to escape detention in August 2013. Gayus received a five-month sentence reduction last year.

According to Government Regulation (PP) No. 99/2012, convicted criminals who agree to act as justice collaborators and have paid their fines are eligible for sentence reductions.

Besides regular sentence reductions, the ministry can grant convicts a dasawarsa (once in 10 years) sentence reduction, except those who have been given the death sentence, life imprisonment and those who have taken part in a prison break.

Contacted separately, Corruption Eradication Commission (KPK) commissioner Johan Budi said that the government should tighten sentence reduction requirements for convicts found guilty of extraordinary crimes, including graft.

"Efforts to eradicate corruption will fail to generate a deterrent effect if sentence reduction requirements for graft convicts are the same as that for others," Johan told The Jakarta Post on Monday. This year, sentence reductions were also given to a number of foreigners.

In Bali, 41 foreign inmates serving sentences in prisons across the resort island will receive sentence reductions, two of whom will be directly released. In Yogyakarta province, sentence reductions will be given to 726 inmates, 41 of whom will be released.

Of the 726 inmates receiving sentence reductions, 82 were inmates convicted of special crimes while the remaining 644 were convicted of general crimes. Of the 82 inmates, 67 were convicted in drug cases, three in money laundering cases, eight in corruption cases and four in trafficking cases.

Source: http://www.thejakartapost.com/news/2015/08/18/hundreds-graft-convicts-get-sentence-cuts.html

Corruptors get lighter sentences this year

Jakarta Post - August 18, 2015

Jakarta – Graft defendants on average get only two years and one month in prison, according to the Indonesian Corruption Watch's (ICW) observations from the past six months – shorter than the last year's figures, which, on average, were two years and nine months in prison.

A member of ICW's law and court monitoring division, Ardila Caesar, said on Tuesday that his organization has monitored 193 court hearings involving 230 corruption defendants in first level courts, appeals courts and the Supreme Court, including hearings of the judicial review cases.

"The judges handed down 25 month [prison sentences] or [sentences of] two years and one month for punishment on average," Ardila was quoted by Antara as saying.

He further said that as many as 163 defendants received punishments between one and four years, categorized as light sentences, 12 defendants received punishments between four and 10 years, categorized as medium sentences, and 10 defendants received punishments longer than ten years, categorized as heavy sentences.

As many as 35 graft defendants were acquitted by judges in first level courts and three others were acquitted by the Supreme Court, according to Ardila, adding that in the same period last year, only 20 defendants were acquitted.

Meanwhile, ICW law and court monitoring coordinator Emerson Yuntho said that the trend of light sentences for corruption defendants started with demands made by the prosecutors.

"Based on ICW records, the prosecutors only demanded three years and six months on average, which could be categorized as light demands on graft suspects," according to Emerson.

"It means that since the beginning, prosecutors have demanded judges give light punishments to graft suspects," he said, adding that judges tend to give two thirds of what is demanded by prosecutors.

Source: http://www.thejakartapost.com/news/2015/08/18/corruptors-get-lighter-sentences-year.html

Megawati says KPK could be shut down

Jakarta Post - August 18, 2015

Jakarta – Former President Megawati Soekarnoputri on Tuesday drew attention to ad hoc institutions in Indonesia, especially the existence of the Corruption Eradication Commission (KPK), which she said could be disbanded because it was temporary in nature.

"We must stop the so-called corruption so that the commission, which is temporary in nature, can be disbanded," she said as quoted by Antara in Jakarta on Tuesday.

Megawati said the formation of the KPK was based on a strong reason, namely to eradicate corruption. Thus, she further said, the existence of the institution was no longer needed if corruption was dealt with.

"It seems that the current [corruption eradication] efforts are beating around the bush; thus, we don't know how long the KPK will continue to exist – though initially its formation had a reason," said Megawati.

The fifth Indonesian president further said that she was fully aware that her statement would draw pros and cons from the people and she could even be bullied by people who considered her statement merely as "provocation".

However, Megawati said, it was very logical for her to make such a statement. "If there is no corruption in Indonesia, the KPK would be no longer exist and this is logical thinking," she said.

Megawati further said the existence of ad hoc institutions in Indonesia, which now reached around 80, needed to be reviewed because such a high number of institutions would absorb a large amount of the state budget.

"I know there are 80 institutions in the form of ad hoc commissions. Pak Zul [People's Consultative Assembly speaker Zulkifli Hasan] has even said there are 100 institutions. We know some of them, such as the KPK, the Judicial Commission and the General Elections Commission," said Megawati.

"All of them receive state facilities and I've tried to calculate budgetary allocations for the commissions; for some of them I have no idea of their whereabouts and how much funding allocations they need. Their existence should be reexamined," said Megawati. (ebf)

Source: http://www.thejakartapost.com/news/2015/08/18/megawati-says-KPK-could-be-shut-down.html

Terrorism & religious extremism

Australia, Indonesia to tackle funding for extremist groups

Agence France Presse - August 19, 2015

Jakarta – Australia and Indonesia will co-host a meeting of regional law enforcement and national security agencies to discuss ways of blocking funding for extremists, it was announced Wednesday.

Australia's visiting Justice Minister Michael Keenan announced the meeting after talks with Indonesian Vice President Jusuf Kalla, at which violent radicalism was high on the agenda.

The two countries will host the meeting in Sydney in November, the first gathering of its kind in the region.

Keenan said joint efforts to counter extremism began in the aftermath of the 2002 Bali bombings – which killed 202 people, including 88 Australians – and were needed more than ever today.

"The Indonesian government, like the Australian government, is concerned about the reach of this barbarous terrorist organization in the Middle East and the methods they use to radicalize people," he said, referring to the Islamic State (IS) group.

"It's good for us to be able to share that experience, but also to share strategies for combating it as well."

Hundreds of Indonesians are thought to have joined IS in the Middle East. There are fears that they could revive sophisticated militant networks on their return and launch attacks.

Just last week police in Indonesia, the world's largest Muslim-majority country, said they foiled a homegrown plot to blow up churches and police stations in central Java, with three IS-linked militants arrested.

Australia too is increasingly concerned about the number of its citizens fighting with jihadist groups, and last month arrested and charged a nurse for knowingly providing support to IS.

The summit will seek regional commitments to share financial and intelligence data to the fullest extent to help combat the capabilities of extremist groups.

Keenan's visit was the first by an Australian minister since Canberra temporarily recalled its ambassador in April over the execution of two Australian drug traffickers.

Australian officials insist high-level cooperation on extremism and other issues of national security never wavered despite cooling relations.

Source: http://www.thejakartapost.com/news/2015/08/19/australia-indonesia-tackle-funding-extremist-groups.htm

Freedom of religion & worship

Kupang initiates 'Kampung Toleransi'

Jakarta Post - August 22, 2015

Djemi Amnifu, Kupang – Kupang has initiated the development of "Kampung Toleransi Beragama" (religious tolerance village) in the Transad area, Naibonat subdistrict, Kupang Regency, East Nusa Tenggara (NTT) in response religious-based violence in several parts of the country.

The construction of four different houses of worship – a mosque, Catholic church, Protestant church and Hindu temple – has been started in a single location in Transad village.

Transad community leader Anselmus Djogo said 4.64 hectares had been provided by the government for the construction of four houses of worship – 1.65 hectares for the mosque, and a hectare each for the Protestant and Catholic churches and Hindu temple.

Anselmus added that the project, which commenced on June 12, this year, was marked with a ground-breaking ceremony by Protestant, Catholic, Islamic, Buddhist and Hindu leaders, as well as the 161 Wirasakti Military Command chief. "The architecture of the houses of worship would consider the local culture," he said.

The Naibonat religious tolerance village is located in the center of Oelamasi, the capital city of Kupang regency, 35 kilometers from Kupang, the capital of the province.

Kupang regency chapter Indonesia Ulema Council (MUI) head Jamaluddin Mustafa voiced his appreciation to the Kupang regency administration and the military command for initiating the project.

"We must maintain religious tolerance, which has been well established in Kupang regency. The construction of the four houses of worship in a single location is an achievement of religious tolerance in NTT, especially in Kupang – There is no such thing as a minority or majority among religious communities in the regency," Jamaluddin told The Jakarta Post on Thursday.

He added that NTT, which is predominantly Christian, had become a role model and example for other regions in Indonesia in terms of religious harmony, as there was never any friction among religious communities.

"The construction of the four houses of worship in a single area [...] has further proven that religious harmony is not just a slogan. Kupang regency has proven that religious harmony has been achieved among the communities," said Jamaluddin.

According to him, it was not easy to establish harmony among religious communities without a common wish for peace.

He added that maintaining and improving inter-religious communication had been carried out through the Kupang regency's Inter-religious Harmony Forum (FKUB), which is often used by religious communities for social and religious activities. Kupang Regent Ayub Titu Eki said he was touched by of the joint construction of the four houses of worship in Naibonat subdistrict because the wish came from the community, so the government provided full support.

Besides that, said Ayub, it was also part of a challenge for the Kupang regency administration to achieve religious tolerance in the regency.

"The tolerance village will not mean anything when in reality the religious communities are against each other. What do we wish to be proud of? This tolerance village has instead become a challenge for us to live in harmony and not fight against each other, because we are brothers," said Ayub.

He cited the recent Tolikara incident in Papua, in which several kiosks and a mosque were burned down, as a valuable lesson for people to ensure harmony among religious communities.

Kupang regency Religious Affairs Office head Yorhans Lopies expressed his support for the joint construction of the places of worship. He, however, said the project should still comply with existing regulations.

"Kupang regency has a population of 344,000, of which 80 percent are Protestant, 15 percent are Catholic, 2 percent are Muslim and 0.02 percent are Hindu or Buddhist," said Yorhans.

Source: http://www.thejakartapost.com/news/2015/08/22/kupang-initiates-kampung-toleransi.html

Islam Nusantara rises

Jakarta Post - August 16, 2015

Fedina S. Sundaryani, Cirebon, West Java – As the nation prepares to celebrate its 70th Independence Day on Monday, concerns are brewing over the proliferation of radical Islamic movements that have become more prevalent after the fall of the Soeharto regime in 1998.

Aiming to combat such extremism and to reinforce Indonesia's long-held pluralistic identity, the country's largest Muslim organization, Nahdlatul Ulama (NU), has embarked on a campaign to promote Islam Nusantara (Islam of the Archipelago).

Islam Nusantara is the concept of a Muslim-majority nation with moderate views and one that embraces religious tolerance.

In sweltering heat, thousands of young men marched in unison toward the At-Taqwa Grand Mosque in Cirebon, West Java, on Saturday wearing either black or green uniforms. "The Unitary State of Indonesia [NKRI] or death! Indonesia, victorious!" a crowd of NU's youth wing Banser chanted repeatedly.

Three marching bands also joined in the parade and played loud music without rest. Young boys and girls wearing bright purple twirled their batons in time to the music while older men in Armylike gear tried to make sure everyone marched in straight lines.

"We denounce radical groups and for that I ask for the commitment of our members to promote Islam Nusantara not only in Cirebon but throughout the archipelago," head of the national division of Banser, Alfa Isnaeni, announced.

"We are Indonesians who are Muslims, not just Muslims living in Indonesia," he said while denouncing the idea of an Indonesian caliphate.

The city of Cirebon has a history of militancy, and garnered national attention in 2011 when a suicide bomber from the Tauhid Wal Jihad group attacked a mosque in the police headquarters in Cirebon. The attack occurred during Friday prayers, which resulted in the death of the suicide bomber and left 27 others injured.

Nonetheless, Alfa said that he saw potential in Cirebon as a site to promote the word of Islam Nusantara, especially since it was on Java's northern coastal area (Pantura), where thousands of people crossed daily.

"[The parade] was an effort to promote an Islam that is neither selfish nor intolerant. I would like to ask everyone to live peacefully side by side no matter whether you are Muslim, Christian or Buddhist because that is the type of Islam we have in Indonesia," he said.

"We are also trying to discourage any acts of violence done in the name of religion and open up room for dialogue and encourage learning about each other and Islam Nusantara."

Alfa added that Banser planned to conduct similar activities in other places across the archipelago such as Medan in North Sumatra and Central Kalimantan.

The issue of radicalization and the metastasizing influence of militant groups has increasingly attracted attention and consternation in Indonesia, especially in light of the more than 500 Indonesians reportedly having joined the Islamic State (IS) movement in Iraq and Syria.

After the declaration, the crowd was entertained by members performing debus, a demonstration of death-defying invulnerability skills.

Rizal, 19, who joined Banser over a year ago, peered excitedly at a man having a pile of bricks smashed on his head. "[Joining the parade] was exciting. We get to show people what Islam Nusantara is, an Islam that is inclusive. It's important because it's based on NKRI and Pancasila [Indonesia's philosophical foundation)]," he said.

Onlookers, however, were not so sure. Mitha, a 25-year-old housewife, said that she was unsure of the parade's objective. "I'm still not sure what Islam Nusantara is. It's just Islam in Indonesia, right?" she said.

Separately, founder of the Institute of International Peace Building, Noor Huda Ismail, applauded NU's efforts to raise awareness of increasing radicalization and to spread the concept of Islam Nusantara through such activities. However, he said that more must be done in order to tackle the problem of radicalization.

"Parades could be an effective tool to reach out to communities in Cirebon. However, such efforts cannot reach their full potential if they are only ceremonial affairs," he said.

Noor Huda explained that Banser could work effectively through informal methods to encourage a better understanding of Islam Nusantara among family, friends and prayer groups.

Source: http://www.thejakartapost.com/news/2015/08/16/islam-nusantara-rises.html

Poverty & social inequity

Mercedes-Benz sales up 20% as Indonesian economy sags

Jakarta Globe - August 17, 2015

Jakarta – As the Indonesian automotive industry keeps lowering sales targets, the premium market segment seems to be avoiding much of the pain caused by a slowing economy, as Mercedes-Benz is reporting a 20 percent sales uptick.

The German automaker reported that it sold 1,800 cars during the January- July period this year, compared to 1,500 cars in the same period last year.

"The economic crisis that's happening at the moment seems to be impacting the premium segment less than the non-premium segment," Donald Rahmat, deputy director of passenger car sales at Mercedes-Benz Indonesia, said this weekend.

According to Donald, Mercedes-Benz now also controls a larger segment of the premium car market: 49 percent as opposed to 38 percent in the same period last year.

Just days ago, the Indonesian automotive manufacturers' association (Gaikindo) cut its domestic car sales target for 2015 for the second time this year, citing weak commodity prices that have undermined demand in regions dependent on resource exports.

Gaikindo said it expected full-year sales to fall in the range of 950,000 to 1 million cars. In April, Gaikindo revised its sales target from the initial 1.2 million to 1.1 million cars, reflecting slowing household demand that is dragging on the country's economy.

"We must be realistic in looking at sales from January to July, which only reached 581,000 cars," Gaikindo chairman Sudirman M.R. said on Wednesday.

In June, Astra International reported a 19.44-percent drop in sales in the first five months of this year because of a slowdown in consumer demand.

Astra, Indonesia's biggest vehicle distributor, said in the June statement that car sales declined to 223,016 units in the January to May period, compared to 276,839 units in the same period last year.

The decline caused Astra's market share to fall to 50 percent, from 52 percent previously.

The company said the decline affected all four of the car brands it sells in Indonesia: Toyota, Daihatsu, Isuzu and Peugeot, but Toyota and Isuzu were hit hardest.

Source: http://jakartaglobe.beritasatu.com/business/mercedes-benz-sales-20-indonesian-economy-sags/

Land & agrarian conflicts

Fishermen suffer income losses after reclamation

Jakarta Post - August 21, 2015

Jakarta – As giant developers begin their mega projects, constructing islets for commercial purposes as part of a controversial coastal reclamation project to create 17 man-made islands, more than 1,000 traditional fishermen are suffering losses and facing an end to their occupations as their access to the sea is restricted.

Asmara, 53, was preparing nets he would use to catch fish the next morning on his traditional boat on a sunny afternoon at Kali Adem fishing village in Muara Angke, North Jakarta.

The traditional fisherman, who used to catch fish near Pantai Indah Kapuk (PIK), a residential area in northern Jakarta, said a project conducted by publicly listed developer Kapuk Naga Indah had caused him and his fellow fishermen to suffer losses as they could not catch as many fish as they used to.

The developer has been constructing an artificial island to the north of PIK to accommodate luxury houses, hotels, condominiums, business centers, shopping malls, offices and recreational areas.

"When the developer started the project in 2012, they restricted us catching fish in the area. Now, indeed, they've started to loosen the restriction, but the fish are gone as the project's waste has contaminated the water," Asmara said. Kapuk Naga Indah could not be reached for comment.

Asmara added that his earnings had slumped to a maximum of Rp 1 million (US$74) per fishing trip, from Rp 3 million. "Even Rp 1 million is hard to earn in fishing season," said the man who has been fishing in the area for 43 years. He has to divide the earnings with seven to 10 fellow seamen after subtracting costs.

As a result, he said fishermen had to sail further to get fish, such as to Tidung Island, part of the Thousand Islands located some 20 kilometers north of Jakarta, meaning that they needed more diesel.

Asmara said he and his friends had found difficulties in obtaining the diesel as they could only afford to buy fuel jerricans from Muara Angke's only fuel dealer station for fishermen (SPDN), while the government had prohibited buying fuel in jerricans.

North Jakarta mayor Rustam Effendi said the fishermen could get diesel in jerricans only at Cilincing SPDN. "They actually can also get it at Muara Angke, but with a recommendation from the North Jakarta Maritime and Fisheries Agency head," Rustam said.

The city administration and the central government have planned to build 17 islets in the reclamation project.

Other developers besides Kapuk Naga Indah include city-owned PT Jakarta Propertindo and PT Pembangunan Jaya Ancol as well as publicly listed PT Intiland Development and PT Agung Podomoro Land (APL).

The Indonesian Traditional Fishermen Association's (KNTI) coverage secretary-general for North Jakarta, Kuat, said the issues had forced many traditional fishermen at Muara Angke to switch occupations to garbage collection, driving ojek (motorcycle taxis) or opening bike washing businesses. (foy)

Source: http://www.thejakartapost.com/news/2015/08/21/fishermen-suffer-income-losses-after-reclamation.html

Eviction of Jakarta's Kampung Pulo slum turns violent

Jakarta Globe - August 21, 2015

Jakarta – Residents from a flood-prone area in Jakarta clashed with city officials during a forced eviction on Thursday, prompting security forces to fire tear gas and water cannons.

More than 2,200 officers from the National Police and Indonesian Military (TNI) were deployed to evict the remaining residents of Kampung Pulo, East Jakarta, who had refused to leave despite receiving orders from the city administration to vacate the premises two months ago.

The land under dispute is owned by the state and personal use of the area is strictly prohibited.

The clash broke out after residents protesting through chants and by singing the national anthem spotted excavators moving toward their homes. The sight prompted them to throw stones and launch molotov cocktails at officers, setting one backhoe on fire.

A local resident named Hobi, 24, lost consciousness after being hit in the face by a security personnel for trying to halt the eviction process, while an elderly man reportedly suffered a blow to the head from a rock. Both were immediately evacuated by an ambulance.

When officers began firing tear gas and pointing water cannons at the angry crowd, protestors reluctantly pulled back to seek safety. The eviction process, which started around 7 a.m., also caused heavy traffic jams in the neighboring areas of Otista Raya and Jatinegara.

East Jakarta Police chief Sr. Comr. Umar Faroq said he regretted the incident but defended the actions of security officers who he claimed were defending themselves against residents. He added that he had instructed officers to stay in the area to prevent any subsequent rioting.

Separately, Brig. Gen. Nandang Jumantara, deputy chief of the Jakarta Police, announced five suspects have been arrested for allegedly inciting the skirmish.

Eviction SOP

Azas Tigor Nainggolan, chairman of Jakarta Residents Forum (Fakta), argued that officials should have provided Kampung Pulo residents with a clear explanation of the city's standard operational procedure on evictions before demolishing houses.

"We are not against evictions as long as there's a clear SOP," said Azas, who was present at Thursday's eviction process.

He added that the city must also present residents with a letter from the State Land Agency (BPN) to prove the land on which they live is "owned by the city or by the state."

'Eviction is the only way'

Commenting on the violent clash between Kampung Pulo residents and city officials, Jakarta Governor Basuki Tjahaja Purnama said forced eviction was "the only way" to clear the state-owned land from squatters.

"If we can't solve this, Jakarta will continue to be a mess. We've notified [the residents]. Why should we wait any longer?" he says.

East Jakarta Mayor Bambang Musyawardhana insisted the eviction process would proceed despite the unexpected clash.

"We gave them a two-month notice to move out and they still wouldn't move. If they persist, we don't have any other options but to force them out," said Bambang, adding that officers have been ordered to put up sheet piles to prevent people from entering the disputed area.

Basuki agreed that the eviction process could not be delayed for a Jakarta State Administrative Court (PTUN) ruling, arguing that the land was clearly owned by the state.

With the help of non-profit organization Ciliwung Merdeka, Kampung Pulo residents filed a lawsuit against the East Jakarta Public Order Agency on Thursday, demanding the revocation of a third eviction warrant dated Aug. 6, ordering them to clear the area.

The first court hearing is scheduled for Aug. 25, even though legal proceedings on the residents' lawsuit against the Satpol PP's second eviction warrant, which was issued on June 11, is still ongoing. "How are you going to sue us?" Basuki demanded. "You are illegally living on state land."

No compensation

Among the demands of Kampung Pulo residents who refused to leave the area is for the government to financially compensate them for the money they have spent on building their houses – an ultimatum Basuki was quick to shoot down, calling it baseless.

Despite the fact that some residents hold legal housing and land certificates, the governor also insisted that residents relocate to a low- cost apartment complex, known as rusun, provided by the city.

One such rusun is located in Jatinegara, near Kampung Pulo, and remains empty, according to Jakarta Deputy Governor Djarot Hidayat.

"Relocating Kampung Pulo residents is one of City Hall' priorities. We provide each [family] with a unit in Jatinegara," Djarot said on Thursday. "Kampung Pulo is not livable and the land is owned by the state. We have set up a better housing situation for them."

Source: http://jakartaglobe.beritasatu.com/news/eviction-jakartas-kampung-pulo-slum-turns-violent/

Violent eviction of poor in Kampung Pulo

Jakarta Post - August 20, 2015

Jakarta – Residents of the flood-prone area of Kampung Pulo in East Jakarta were involved in a clash with Public Order Agency officers on Thursday when the Jakarta City Administration was trying to forcefully evict them from their houses built along the banks of the Ciliwung River. The police arrested 10 residents.

Thousands of residents blocked Jl. Jatinegara Barat, causing traffic congestion in the nearby areas as the public order, police and military officers, armed with water cannons, kept watch after the brief clash. They delayed the eviction, which was scheduled to start at 7 a.m., due to strong opposition from the residents.

Jakarta Governor Basuki "Ahok" Tjahaja Purnama stressed that his administration would continue with the plan to evict the residents because the houses were built illegally. He said that the residents had accepted the administration's offer to move to the low-cost apartments, but the residents still wanted compensation for their buildings.

"They built houses without permits on the state land. If I give compensation to them I may be arrested. Even if I am not arrested, they could challenge me if I break down their houses built on state land," Ahok said Thursday as quoted by tribunnews.com.

There are more than 1,500 households or some 3400 people occupying Kampung Pulo in Kampung Melayu subdistrict, Jatinegara district. It is the first area inundated when the rainy season comes due to water from upstream areas in Bogor, West Java, flowing through the Ciliwung River.

The land seized from the poor residents will be used to expand the capacity of the river. The clash started on Jl. Jatinegara Barat as the security officers approached the location of the planned eviction.

Kompas.com reported that the residents pushed the security officers and tried to prevent bulldozers from entering the Kampung Pulo area. The residents threw stones and the officers allegedly responded with tear gas. (bbn)

Source: http://www.thejakartapost.com/news/2015/08/20/violent-eviction-poor-kampung-pulo.html

Governance & administration

Regions told to spend funds or have them frozen

Jakarta Post - August 22, 2015

Tassia Sipahutar – Regions with low budget absorption stand to see their regional funds "frozen" by the central government.

Finance Minister Bambang Brodjonegoro said on Friday that it plans to convert regional cash transfer funds into three-month treasury bills (SBN) for regions that post low budget absorption.

"This is our way to encourage regions to optimally use the transfer funds. Apparently a lot of them are just sitting idle within the banking system, when they should instead be disbursed to boost local economies," he said in a discussion with the media.

Data from the Finance Ministry shows that the total amount of regional transfer funds currently in the banking system stood at Rp 273.5 trillion (US$19.68 billion) as of June.

The funds have climbed from previous levels of Rp 168.9 trillion in January and Rp 113.1 trillion in December last year. When compared to the last data recorded in December 2011, the latest figure had risen more than threefold.

"We already voiced our concern about this back in April, when the funds surpassed Rp 250 trillion, but it seems that no change has occurred and the figure just keeps on rising," Bambang said.

Regional transfer funds are annually allocated by the central government for regional administrations as capital expenditure to finance various projects and for other purposes.

The funds are disbursed monthly using the banking system and are deposited at regional development banks (BPD), state banks or private banks.

For 2015, the government has set aside around Rp 643.8 trillion under the regional transfer funds budget and the figure is expected to increase to Rp 735.2 trillion, as already contained in the 2016 state budget draft.

Boediarso Teguh Widodo, the ministry's director general of inter-government fiscal relations, said that regional administrations would be required to submit monthly reports to the ministry, detailing their latest cash flows and usage of the regional budgets.

"We will match the data to their finances at the banks. If it turns out that their bank balance is higher than their operational spending for three months, it means that they have idle funds and must disburse them," he said.

In the meantime, the next batch of funds – consisting of general allocation funds (DAU) and revenue sharing funds (DBH) – that were planned to be transferred as cash will be sent in the form of SBN.

"Those funds will be converted into three-month non-tradable treasury bills. However, the bills can be redeemed if the related administration can prove that it has begun disbursing the idle funds as required or if there is an emergency," Bambang said.

On the contrary, the government will allocate Rp 5 trillion in next year's budget as incentive for regions that report satisfactory budget absorption.

The spending seeks to cement the requirement in the upcoming 2016 state budget, which is to be passed into law in October. It will also issue a separate Finance Ministry Regulation (PMK) to back the plan.

Source: http://www.thejakartapost.com/news/2015/08/22/regions-told-spend-funds-or-have-them-frozen.html

Rift erupts in Jokowi's cabinet

Jakarta Post - August 20, 2015

Raras Cahyafitri and Ina Parlina, Jakarta – President Joko "Jokowi" Widodo made a rare rebuke on Wednesday after a rift between two members of his Cabinet came under public scrutiny and created a challenge for the credibility of his leadership.

While trying to play down the rift, the President reminded his ministers that their main duties were to find solutions for the country's economic problems and to accelerate the implementation of the government's programs.

The President's statement was made after a rift occurred between Vice President Jusuf Kalla and newly appointed Coordinating Maritime Affairs Minister Rizal Ramli over their different perception of the country's ambitious program to build new power plants to generate an additional 35,000 megawatts (MW) of electricity by 2019.

The conflict began just a day after Jokowi reshuffled his Cabinet last week, when Rizal, one of five newly appointed ministers, strongly criticized the electricity program as unrealistic. The criticism irked the Vice President, known as one of the main initiators of the country's electricity program.

Rizal also criticized the national flag carrier Garuda Indonesia's move to borrow US$1 billion to purchase new aircraft, which he said was too costly for the airline.

Kalla responded to Rizal's criticism by saying that Rizal should first try to understand the problem before making such comments. Rizal, who is known as an outspoken activist and was formerly a coordinating economic minister under then president Abdurrahman "Gus Dur" Wahid, rebuked Kalla and challenged him to a public debate.

The conflicts seemed to escalate early in the morning, when the Vice President's spokesperson issued statements saying it was not wise for Rizal to openly challenge Kalla, who has a higher position in the government hierarchy.

Rizal refused to make any comment on the statement, but instead gave reporters a piece written by activist Adhie Massardi containing strong criticism of Kalla's leadership.

Jokowi apparently defended the electricity program, saying that the development plan was based on the country's growing demand for power.

"If we want the easy one, let's just make a target of 5,000 MW, but I don't want that because 35,000 MW is what we need. Ministers and coordinating ministers should find solutions for every problem hampering investment and ensure that the target is achieved," Jokowi said.

The conflicts were discussed during a Cabinet meeting later in the day, during which both Kalla and Rizal agreed to settle their differences.

The internal spat in Jokowi's Cabinet has raised concerns among legislators. Firebrand legislator Fahri Hamzah, deputy speaker at the House of Representatives and a senior member of the Prosperous Justice Party (PKS), said the onus was on the President to diffuse the tension between Rizal and Kalla, or risk stirring up new speculation about government infighting.

"Pak Jokowi cannot just sit still and watch these two giants fight it out without [doing anything about it] – he is responsible for both the Vice President and the coordinating minister," Fahri said. He added that neither the market, the business community, nor the wider public should have to witness such unrest within government. "So please settle the distribution of tasks and keep it out of the public eye," he said.

Commenting on the controversy surrounding the new coordinating minister, Fahri expressed appreciation for Jokowi's appointment of Rizal and the other ministers, with hopes that "all these heavyweights would be able to coordinate well with each other".

Meanwhile, Indonesian Democratic Party of Struggle (PDI-P) stalwart Effendi Simbolon backed Rizal's defiance of Kalla, especially since he said he thought the coordinating minister's argument was justifiable.

[Tama Salim and Dewanti A. Wardhani contributed to the story.]

Source: http://www.thejakartapost.com/news/2015/08/20/rift-erupts-jokowi-s-cabinet.html

Parliament & legislation

House agrees with Jokowi to halt building project

Jakarta Post - August 22, 2015

Jakarta – Speaker of the House of Representatives Setya Novanto said that lawmakers would heed President Joko "Jokowi" Widodo's call to halt the multi-million dollar construction project at the House of Representatives.

Setya said that the House leadership had also reconsidered the project given the current economic slowdown. "We will find the best solution that works with the current economic situation," Setya said as quoted by Antara news wire.

Last week, Jokowi decided against beginning new projects at the House of Representatives compound in Senayan. Jokowi said that he wanted the project to be cleared first before he gave it the go-ahead.

During his speech to open the first plenary session for the 2015-2016 sitting session, House Speaker Setya Novanto made a direct request to Jokowi to begin the Rp 1.6 trillion construction project.

House Deputy Speaker Fadli Zon meanwhile said that lawmakers deserved a new building, and that he considered the project inexpensive.

"How much does the Presidential plane cost? This is one presidential plane compared with remodelling the House compound," Fadli said as quoted by tribunnews.com.

Source: http://www.thejakartapost.com/news/2015/08/22/national-scene-house-agrees-with-jokowi-halt-building-project.html

House struggling to pass targeted legislation

Jakarta Post - August 21, 2015

Tama Salim, Jakarta – Facing various administrative hurdles and a tighter schedule this sitting period, the House of Representatives will only aim to pass a maximum of 16 bills into law, fewer than it had planned before the start of the recess period that has just ended.

Deputy chairman of the House's Legislative Body (Baleg), Firman Subagyo, said on Thursday that his office was facing various challenges in its attempt to pass the 37 priority bills under the 2015 National Legislation Program (Prolegnas) by the end of this year.

Firman found that the House was struggling to find time to deliberate on the priority bills this year, especially as lawmakers were currently expected to work as fast as possible to consolidate the 2016 state budget proposal that President Joko "Jokowi" Widodo unveiled during last week's plenary meeting that kicked off the current sitting period.

Firman also cited other reasons for the likely delays in the work that legislators were facing, including the inability to carry over from the previous government's term bills that were ready for deliberation, the Baleg's own diminished authority, increased recess periods and the insistence on carrying out work visits despite the already-tight schedule.

As a result, the Golkar Party politician predicted that the House would only be able to pass 16 priority bills in the current sitting period that is to end in late October. Legislators so far have only passed two bills on the priority list: one on regional elections and the other on regional administrations.

"In the remaining four months we have in this sitting period, if both the government and the House are serious in completing their tasks and all parties agree to support what the Baleg is doing, God willing we'll be able to pass 15 or 16 bills from the total 37 bills this year," Firman said.

The House has prepared to deliberate five bills initiated by the government: the branding bill, the criminal code (KUHP) revision bill, the patents bill, the non-tax state revenue (PNBP) bill and the financial system safety net (JPSK) bill, according to Firman.

Almost all of these bills have been handed over to their respective committees for deliberation, he added.

Furthermore, the House is awaiting confirmation from the President to deliberate three House-initiated bills: the financial guarantees bill, the alcohol prohibition bill and the public housing mortgage bill.

"Starting next Monday, we [Baleg] will be deliberating six bills that are currently undergoing the harmonization process," Firman added.

"This includes the publications bill, the culture bill, the construction services bill, the tobacco bill, the fishermen empowerment and protection bill and the land bill."

Firman also said that Baleg needed to start determining next year's priority bills by the end of September before passing the state budget.

The House had previously vowed to improve its performance in the current sitting session, following a lackluster performance in the past four sessions after being elected into office last year.

Ronald Rofiandri, a researcher at the Center for Indonesian Law and Policy Studies (PSHK), said he foresaw the trouble that lawmakers would face in regard to their 37-bill objective, attributing the chaos to their lack of sound preparation.

"The House's commitment is questionable at best. They won't be able to work properly because they had misread the situation from the very beginning – it's hard to account for something that is poorly planned," Ronald said.

Ronald believed that the onus was on the House to anticipate the hurdles by making extra preparations, especially since most of the bills on the priority list were initiated by lawmakers.

He suggested a redesign in the deliberating schedule, arguing that a dated scheme would naturally become troublesome for anyone, even if a new batch of legislators was sworn in.

"If the House in the 2019 to 2023 period still insists on using the outdated scheme, they'd still face the same issues." he said.

Source: http://www.thejakartapost.com/news/2015/08/21/house-struggling-pass-targeted-legislation.html

Transport & communication

Indonesia airline safety hurt by inadequate staff: Sources

Reuters - August 18, 2015

Montreal/Toronto – Indonesia scored poorly on a 2014 safety audit by the United Nations' aviation agency largely because its Transportation Ministry is understaffed, said two sources familiar with the matter, as the country struggles to cope with the rapid expansion of air travel.

Indonesia's patchy aviation safety record worsened on Sunday when a passenger plane crashed in eastern Papua province with 54 people aboard, the third major plane crash in the past year in the Southeast Asian archipelago.

The UN's Montreal-based International Civil Aviation Organization (ICAO) sets safety standards for international flights. Its audits evaluate countries' ability to oversee their airlines, including how well they conform to those standards.

Indonesia's government has struggled to hire and train staff quickly enough to oversee its fast-growing aviation market, which the International Air Transport Association expects to triple in size by 2034.

"Until they resolve this they cannot do the same level of supervision and certifications as a country with a robust system in place," one of the sources said.

Since the 2014 audit, Indonesia has come up with a plan to address its problems, the source said. "They have been very active in developing their plan," the source said. "They are making progress."

But the ICAO's auditors would not return to check on the country's progress or run a fresh assessment until the majority of problems found in a previous audit have been fixed. Indonesian officials based in Canada could not be reached for comment. The ICAO did not immediately comment.

The ICAO publishes audit scores online, but typically does not disclose the specific problems behind the scores.

In the audit carried out in May 2014, Indonesia scored below the global average in each of eight categories. The vast majority of countries score above average on at least some categories.

Its lowest score was for "organization," at 20 percent, where the global average is 64 percent. "Accident investigation" was 31 percent, compared with an average of 55 percent. Its best score was for "airworthiness," at 61 percent, compared with an average of 74 percent.

But the audit did not flag any specific "significant safety concerns," the most serious problems. Thailand's most recent audit, for example, uncovered significant safety concerns, prompting several nearby countries to stop its airlines from adding new routes.

In December, an AirAsia flight went down in the Java Sea off Indonesia, killing all 162 aboard. In June, more than 100 people died in the crash of a military transport plane, prompting Indonesia's president to promise a review of the ageing air force fleet.

Source: http://jakartaglobe.beritasatu.com/news/indonesia-airline-safety-hurt-inadequate-staff-sources/

Criminal justice & prison system

Bali nine pair bribery claims: investigation ends without key witnesses

Sydney Morning Herald - August 23, 2015

Tom Allard – Indonesian authorities have shut down an investigation into allegations that judges asked for bribes in exchange for more lenient sentences for executed Bali nine pair Myuran Sukumaran and Andrew Chan without interviewing the judges and a key lawyer involved in the case.

Muhammad Rifan, one of the men's former lawyers, made the sensational allegations that the judges asked for more than $130,000 for the drug smugglers to be given a prison term of less than 20 years during their original trial.

As revealed by Fairfax Media, Mr Rifan alleged the deal fell through after the judges presiding over the hearings in Denpasar District Court asked for more money because they were under pressure from the Indonesian Supreme Court and Attorney-General's Department to apply the death penalty.

After starting and then abandoning its investigation before Sukumaran and Chan were executed by firing squad, the judicial commission – which oversees the probity of Indonesian judges – re-commenced the probe after their deaths.

"The report on the alleged breach of the code of ethics is closed because the judicial commission has not got sufficient evidence," said Imam Anshori Saleh, a member of the commission.

"Rifan's testimony was heard but he refused for it to be [officially] put in the interrogation report," he said. "Meanwhile, Peter [Johnson's] lawyers have been summoned twice but refused to meet with us and respond."

Without the lawyers' evidence, the judicial commission won't interview the judges or other witnesses.

Mr Johnson, an Australian, is a prominent lawyer in Bali and was Mr Rifan's boss at the Austrindo law firm which represented most of the members of the Bali nine heroin smuggling ring in their original trials in 2005 and 2006.

Mr Johnson, who changed the name of the firm to Vidhi Law Office this year and has fallen out with Mr Rifan, declined to comment on Sunday when asked via text message about his refusal to co-operate with the inquiry.

Mr Rifan told Fairfax Media the investigation was now pointless, as Sukumaran and Chan were dead. But the men's lead lawyer, Todung Mulya Lubis, said the end of the investigation was premature and "wrong".

"They have not done their job. They are supposed to investigate properly and uphold the integrity of the judiciary," he said, adding he had not been informed of the probe finishing.

The Australians in the Bali nine syndicate were arrested after 8.3 kilos of heroin were detected by Indonesian authorities at Denpasar airport on April 17, 2005.

After a series of trials and appeals, only Chan and Sukumaran were left facing the death penalty. Both supplied written statements to the judicial commission about the alleged bribery before they were killed.

Mr Rifan also provided a statement after first alluding to the bribery in a dramatic press conference outside Kerobokan prison in February this year, saying there had been "interference" in the case.

Just days before the men were executed on April 29, he finally outlined his account of the alleged bribery.

"It was more than 1 billion rupiah [about $130,000 at the time] to get a verdict lower than 20 years... 15 or 16 or 17 years like that," he said. He also revealed in the interview with former Dateline host Mark Davis that he had been threatened after his initial comments outside Kerobokan prison.

"The judges don't like me telling the truth. I get many telephone calls threatening me," he told Davis. "When I call back, the numbers, they are not valid." The callers, he said, told him that "if I expose anything, it will be trouble for me". (with Karuni Rompies)

Source: http://www.smh.com.au/world/bali-nine-pair-bribery-claims-investigation-ends-without-key-witnesses-20150823-gj5p64.html

Supreme Court upholds cleaners' conviction

Jakarta Post - August 19, 2015

Indra Budiari, Jakarta – The Supreme Court has affirmed a lower court's conviction of child sexual abuse that sentenced five contracted cleaners at the Jakarta Intercultural School (JIS) to seven and eight years' imprisonment.

The Supreme Court's online website, kepaniteraan.mahkamahagung.go.id, showed that cassation filed by Zainal Abidin, Syahrial, Agun Iskandar, Virgiawan Amin and Afrischa Setyani had been turned down by the panel of judges chaired by Sumardijatmo on July 28.

Patra M. Zen, the lawyer representing Zainal, Syahrial, Agun and Virgiawan, confirmed Tuesday that his clients' cassation had been rejected, and added that he was waiting for the court to send him a copy of the verdict before taking any further action. He said that he learned about the verdict only a few days before Tuesday.

"Once we get the official copy, we will start to draft our judicial review," Patra told The Jakarta Post, adding that he was still certain that the cleaners were convicted of a crime they did not commit.

In December last year, four of the cleaners were sentenced to eight years imprisonment, while Afrischa, the only woman among the convicts, got seven years for collaborating with others and reapeatedly sexually abusing a minor at the school.

The cleaners' earlier appeal was dismissed on Feb. 18 by the Jakarta High Court, prompting them to file the cassation to the Supreme Court. Until the cassation, the cleaners maintained their innocence, retracting their previous confession, which according to them, was made under police duress. Police have denied the allegation.

During the case investigation, the police also claimed that one suspect, Azwar, committed suicide using cleaning liquid in the restroom, while other cleaners testified that they had seen him being beaten severely. The police launched an internal investigation of the torture allegations in June, but no result has been released.

Andreas Harsono of Human Rights Watch called Azwar's death suspicious and said an investigation was needed to find if there was any abuse committed by police officers during the investigation, underlining that the bruises on his face were irregular.

"If it was really suicide, why did a picture taken before he was buried show bruises and swelling on his face," he said. He added that support showed by the JIS community for the cleaners was solid proof that the parents and other teachers believed that there was no sexual abuse committed by the six.

Patra said he had prepared new evidence to support his judicial review petition in the hope that it would be a game changer to acquit the cleaners. "But I cannot give any details until I get the verdict copy," he said.

Having been made public only over the weekend, the Supreme Court verdict came two weeks before the Jakarta High Court overturned the 10-year- imprisonment conviction given to Indonesian Ferdinant Tjiong and Canadian Neil Bantleman, two JIS teaching staff members, in a similar case.

In the teachers' acquittal decision, the judges found that the medical examination released by Pondok Indah Hospital in South Jakarta, which showed one of the alleged victims suffered injuries to his rectum, was suspicious as it was released after the result from state-run Cipto Mangunkusumo Hospital, which found no such injuries to the boy. The Pondok Indah Hospital result was also used as evidence in the cleaners' case.

Similar to Patra, Afrischa's lawyer Isdawati will also file a judicial review once she receives a copy. "After the cassation was turned down, this is Afrischa's last hope," she said.

Supreme Court spokesperson Suhadi said the court's official copy would need to be rechecked by the team before it was delivered to any related parties. "It won't be long, the copy will be sent in three months or so."

Source: http://www.thejakartapost.com/news/2015/08/19/supreme-court-upholds-cleaners-conviction.html

Foreign affairs & trade

Indonesia enjoys trade surplus despite drop in exports

Jakarta Post - August 19, 2015

Grace D. Amianti, Jakarta – Amid the economic slowdown, Indonesia has extended its trade surplus to US$1.33 billion in July, caused by a decline in imports, the Central Statistics Agency (BPS) announced on Tuesday.

BPS deputy of production statistics Adi Lumaksono told a press conference on Tuesday that the country's imports fell 22.3 percent yoy in July to $10 billion from the same month last year, contributed to by the drop in non- oil and gas imports that plunged 21.4 percent year-on-year (yoy) and decline of oil and gas imports by 45 percent yoy.

The fall in imports helped the country record a surplus of $1.33 billion in July, the seventh monthly surplus recorded since January. With the July figure, the combined trade surplus enjoyed over the six consecutive months reached $5.73 billion.

Adi said the trend of growing surplus could still continue if decline of imports was higher than decrease of exports. "We still hope exports will increase as the government boosts infrastructure," Adi said.

Meanwhile, the country's exports in July decreased by 15.5 percent to $11.4 billion on a month-on-month (mom) basis from June or a 19.23 percent drop year-on-year from the same month last year.

"The July exports decline was caused by decreases in oil and gas exports by 1.26 percent to $1.42 billion and non-oil and gas by 17.23 percent to $9.98 billion," Adi said.

The largest decrease in July exports was contributed by a 18.8 percent drop to $339 million in shipment of animal fat and vegetable oil, while exports of mineral-based fuel rose by 3.4 percent to $43.3 million, the agency's data shows.

Based on sector, non-oil and gas exports in manufacture, mining and others decreased by 7.65 percent and 8.84 percent respectively in the Jan.-July period, while agricultural products posted a slight increase of 0.02 percent.

The US was Indonesia's top destination for non-oil and gas exports in June with $1.17 billion, followed by China ($1.1 billion) and Japan $1 billion, while exports to the EU stood at fourth place with $1.1 billion.

In July, overall exports declined 12.8 percent yoy to $89.7 billion, despite a 5.91 percent increase mom in June, creating a major challenge for the government to reach its 28 percent export growth target this year.

The economy shrank to its lowest level in six years in the past few quarters, with the latest first quarter reading showing 4.7 percent growth, a level unseen since 2009.

Commenting on the performance, Barclays Singapore analysts Wai Ho Leong and Angela Hsieh said the fall in imports, which increased a trade surplus, was partly seasonal in the wake of Ramadhan festivities, but consumer sentiment remains on the weak side.

"The lack of government spending until mid-April has had significant spillover effects on the economy. However, we believe President Jokowi's recent cabinet reshuffle would help speed up investment spending," the analysts said.

Despite a continuous surplus, Indonesia is in "the depths of Asia's trade recession" due to a weak trade data, which does not bode well for a rebound in growth in the second half of the year, according to Glenn Maguire, ANZ chief economist for South Asia, ASEAN and the Pacific, and Daniel Wilson, ANZ economist for ASEAN and the Pacific.

"Bank Indonesia [BI] is in an increasingly tough position with a vocal desire to not allow their currency to depreciate and the economy is clearly trending below potential. BI needs to take a more dovish stance on the economy, but they must also balance the expected impact on the currency," Maguire and Wilson said in a written statement.

Source: http://www.thejakartapost.com/news/2015/08/19/ri-enjoys-trade-surplus-despite-drop-exports.html

Australia and Indonesia 'like two porcupines'

Sydney Morning Herald - August 19, 2015

Jewel Topsfield, Jakarta – Australia's relationship with Indonesia is like that of two porcupines in the middle of a cold night, according to a senior adviser to the government of Indonesian President Joko Widodo.

Hasjim Djalal, a senior adviser to the Minister for Maritime Affairs and Fisheries, said the two countries hug when the night is cold, move away when they hurt each other and then try to get close again.

Mr Hasjim named two recurring problems in the relationship: Papua and the Maritime Boundary Treaty in the oil and gas-rich Timor Gap, which was meant to finalise the maritime border between Indonesia and Australia.

"I think Indonesia has given a lot to Australia... we reached agreement on maritime boundaries in the Arafura Sea, we cooperate a lot on the management of Arafura Sea and Timor Sea and so forth, but there are two problems that continue to come to the picture," Mr Hasjim told a forum on foreign policy.

"One is Indonesian territorial unity in the sense that... the Papua issue always comes and goes, comes and goes, comes and goes."

Australia recognises Indonesian sovereignty over West Papua but the separatist movement there is an extremely sensitive topic in Indonesia, with many seeing parallels between West Papua and East Timor, which won independence with the support of Australia in 2002.

In 2006 Indonesia recalled its ambassador to Australia after 42 West Papuan asylum seekers who claimed they were threatened by the military were granted temporary protection visas in Australia.

And Mr Hasjim said Indonesia had still not ratified the Maritime Boundary Agreement, even though it was signed in 1997. "Indonesia apparently has difficulty in ratifying the agreement because some of them feel they have been outsmarted by Australia and given too much to Australia beyond what they feel should have been the agreement. The agreement has been signed in 1997 but no one is willing to submit it to parliament and parliamentarians are likely to raise some kind of difficulties with it."

Mr Hasjim said better relationships would have to be developed so "that it will not be again like two porcupines in the middle of a cold night".

Dino Djalal, a former Indonesian ambassador to the US and founder of the Foreign Policy Community of Indonesia, said the two countries had just gone through a difficult phase in their relationship following the executions of Bali nine pair Andrew Chan and Myuran Sukumaran. "I know it's a very emotional issue in Australia and Indonesia also," he said.

However Dr Dino said the countries had proven that bilateral relations could withstand this shock. "If you ask me what is key, the driver of contoured relationships would always have to be the personal relationships between the two leaders," Dr Dino said.

"I think the closeness between [then president] SBY [Susilo Bambang Yudhoyono] and John Howard and the closeness between SBY and Kevin Rudd made all the difference in redefining the relationship and guiding it through difficult times."

Prime Minister Tony Abbott's comments linking the $1 billion in aid Indonesia was given after the 2004 Boxing Day tsunami and the Bali nine executions inflamed tensions between the two countries.

"It's absolutely necessary for President Jokowi and Prime Minister Tony Abbott to have close relations, I would say close personal relations," Dr Dino said. "If we can achieve that I think it would make a lot of difference in how we take our relations forward."

Source: http://www.smh.com.au/world/australia-and-indonesia-like-two-porcupines-20150819-gj300o.html

Nationalism & chauvinism

Indonesia to sink 37 foreign ships on national day

Jakarta Post - August 16, 2015

Tama Salim, Jakarta – In celebration of the 70th year of the country's independence, the government is planning to produce a grand spectacle by sinking another batch of foreign fishing vessels.

The Maritime Affairs and Fisheries Ministry's director general for maritime and fisheries resources surveillance, Asep Burhanuddin, said his office was working together with the Navy and the Water Police to prepare of 37 fishing vessels that local courts had declared guilty of poaching or poaching-related offenses in the country's territorial waters.

"There will be a total of 37 ships ready for sinking across the country, comprising 20 from the ministry, 12 from the Navy and another five that the Water Police have handed over to us," Asep told The Jakarta Post on Saturday.

Asep said the ministry planned to host an event around the simultaneous ship-sinking next Tuesday, a day after the nation's 70th Independence Day. Asep said this was to ensure that the vessel sinking would not disrupt the celebratory nature of the national day ceremonies.

Last week, Maritime Affairs and Fisheries Minister Susi Pudjiastuti jokingly said that authorities should sink 70 vessels to mark the country's 70 years of independence. The ministry also plans to produce a live broadcast of the sinking event on Tuesday morning.

For the event, 14 vessels will be sunk in Pontianak, West Kalimantan, eight in Bitung, Manado, North Sulawesi, five in Ranai, Riau Islands, four from Tarakan, North Kalimantan, three in Belawan, North Sumatra and three from Tarempa in the Anambas islands, near the Malaysian peninsula.

Of the 37 vessels, 17 were from Vietnam, 11 from the Philippines, five from Thailand and two from Malaysia. The ministry has already sent notices through the Foreign Ministry, which will then be forwarded to the respective countries of the vessels.

Two Indonesian boats will also be demolished, after being found guilty of frequent use of unsustainable fishing equipment. Furthermore, a number of Chinese vessels will be absent from the line-up due to unresolved legal processes.

Earlier in May, the government sunk 41 fishing vessels, including the Gui Xei Yu 12661 – the first Chinese-built ship to go down since President Joko "Jokowi" Widodo declared a full-fledged war against foreign poachers in December.

Since then, dozens of foreign boats have been sunk, igniting criticism from the diplomatic community and pro-sustainability circles.

Answering complaints that Indonesia's penchant for vessel-sinking was detrimental to the environment, Asep said that there were positive and negative effects to all government actions.

He said that not all of the boats would be blown up using explosives, and the ministry had taken the necessary steps to empty the ships of oil and sink them at locations far from sailing routes.

"For instance, of all the boats in Pontianak, only four of them will be blown up for spectacle. The ten others will be sunk [without explosives so fish can use them] as artificial reefs," Asep said.

In future operations at sea, he said that the government would not hesitate to sink any foreign ships on the spot, provided that the patrol had obtained at least two pieces of evidence pointing to illegal, unreported and unregulated (IUU) fishing activities.

Meanwhile, the Navy pledged to continue its operations to catch more foreign vessels involved in illegal fishing. "The Navy will continue to follow orders by conducting sting operations and shoot-on-sight measures against illegal fishing ships. We will also show no mercy to foreign ships guilty of violating laws within the country's borders," Zainudin was quoted by Antara news agency on Saturday.

Source: http://www.thejakartapost.com/news/2015/08/16/ri-sink-37-foreign-ships-national-day.html

Economy & investment

Government lifts restrictions for expats

Jakarta Post - August 22, 2015

Ina Parlina, Jakarta – As a sign that Indonesia is embracing expatriates to help lure foreign investment, the government has lifted several restrictions on foreigners working in the country.

Aside from scrapping requirements for foreigners working in Indonesia to master Indonesian, the government will also ease the process of obtaining a Temporary Stay Permit (KITAS).

Newly appointed Cabinet Secretary Pramono Anung said on Friday that such policies were part of the government's commitment to "deregulate" all bureaucratic processes that have hampered the flow of foreign investment.

"The language requirement and the process to obtain a KITAS only make the process of attracting foreign investment harder and longer," he said.

Manpower Minister Hanif Dhakiri said his office has followed up an instruction from President Joko "Jokowi" Widodo to eliminate the requirement for foreigners to master the Indonesian language.

Hanif said that he had already issued Ministerial Regulation No. 16/2015 on procedures for the employment of foreign workers on June 29 as a revision to a 2013 regulation stipulating the language requirement.

"The regulation issued in June does not require foreign workers to master the Indonesian language. Therefore, there is no need to worry about such a requirement," Hanif told The Jakarta Post on Friday. Although the regulation was issued in June, the ministry only made it public on Friday.

The new regulation, Hanif added, would also ensure faster and simpler procedures for foreign workers to get work permits as the entire process would be conducted online.

The new regulation has also overturned an earlier policy requiring foreign workers to have a university degree in order to be able to receive the working permit. Foreign workers will only be required to have an "education background that is fit for the job", a competency certificate or five years of experience.

"The competency requirement is needed to ensure that skills are the main reason for hiring foreign workers," said Hanif. "This also serves as a reminder to businesses that they should hire foreigners based on their competency, not their formal education."

The new regulation will also require foreign workers to apply for the national social security (JSN) membership and a tax identification number (NPWP) after six months working in the country.

Hanif drew ire from the business community in March when he planned to enforce a 2013 ministerial regulation requiring existing and prospective foreign workers to pass an Indonesian language test. The minister sought to establish an online Indonesian language proficiency test for foreign workers that would be accessible outside Indonesia for those yet to arrive here.

According to the ministry's records on expatriate employment permits (IMTA), the number of foreign workers in Indonesia in 2014 was around 68,500, lower than the 2012 total of 72,427. Citizens of China, Japan, South Korea, India and Malaysia have dominated the expatriate communities.

The 2014 data also showed that 21,751 expatriates were categorized as professionals and 15,172 as advisers or consultants. Almost 14,000 workers served as managers, 9,879 as directors, 6,867 as supervisors and 1,101 as commissioners. The majority of the expatriates work in the trade and service, industry or agriculture sectors.

Hanif also called on all stakeholders, including the expatriates, to fully comply with all existing regulations, warning them not to violate their working permits.

"Because the regulations have been improved, we want all stakeholders to obey them. We can no longer tolerate expatriates abusing their permits or violating the regulations, he warned.

Source: http://www.thejakartapost.com/news/2015/08/22/govt-lifts-restrictions-expats.html

Government expects to woo more investors as manufacturing grows

Jakarta Post - August 18, 2015

Grace D. Amianti, Jakarta – The government expects to attract more foreign direct investments as growth in some of Indonesia's manufacturing sectors starts to pick up despite a general economic slowdown, top officials have said.

Industry Minister Saleh Husin said the government remained optimistic for the prospect of direct investment in the non oil-and-gas manufacturing industry, which grew 5.27 percent in the second quarter of this year, a slight increase from 5.21 percent in the first quarter.

"The percentage is higher than the overall economic growth rate of 4.67 percent in the second quarter. This has strengthened our optimism that we can improve the structure of our manufacturing industry, particularly in its downstream side," Saleh said on Friday evening.

Of all manufacturing sectors, Saleh said pharmaceuticals, food and beverages, metals and the automotive industries booked high growth of between 6 and 9 percent. On the other hand, negative growth occurred in some industries such as textiles.

Saleh acknowledged that several industries saw declining sales due to weaker demand, even though existing and new investments in the sector continued to increase.

For instance, Saleh said, German car manufacturer Volkswagen announced its plan earlier this year to build a factory in Indonesia, which was followed by similar proposals from US giant General Motors (GM) and its Chinese partner SAIC Motor Corporation.

GM and SAIC announced in February that it planned to build an Indonesian plant, which would produce 120,000 car units under the Wuling brand.

"GM-SAIC is ready for a ground-breaking ceremony on its 60-hectare plot of land. The company will invest around US$700-800 million for the project, which is expected to start production in 2017," Saleh said.

Investment Coordinating Board (BKPM) chairman Franky Sibarani confirmed that GM-SAIC was scheduled to start its factory construction in Cikarang, West Java this month.

The ministry's data showed that manufacturing industries booked total investments of US$5.07 billion in the second quarter, an increase of 14.5 percent from $4.43 billion in the same period of last year.

To support industry growth, Franky said BKPM aimed to increase the proportion of manufacturing investment to 52.7 percent, or equal to Rp 313.5 trillion (US$22.6 billion) of total realized investment next year.

Franky said the push in manufacturing production was based on President Joko "Jokowi" Widodo's speech at the House of Representatives' plenary meeting on Friday. During the speech, Jokowi delivered the proposed 2016 state budget.

"The president said that Indonesia needed a change in its economic paradigm from a consumption-based economy to a production-based one, a change that could be brought about by increasing realized investment in the manufacturing sector," Franky said.

In order to achieve the target, Franky said the BKPM would list manufacturing as one of Indonesia's prioritized sectors for investment marketing abroad, in addition to infrastructure, agriculture, maritime as well as tourism and special economic zones.

Franky said further that the investment board would coordinate with other ministries and state institutions to create pro-investment policies, such as a fixed formula of wages for five year periods as well as export- oriented trade partnerships.

Source: http://www.thejakartapost.com/news/2015/08/18/govt-expects-woo-more-investors-manufacturing-grows.html

Congress calls for stronger US-Indonesia economic ties

Jakarta Post - August 16, 2015

Jakarta – A US Congress delegation met with President Joko "Jokowi" Widodo on Saturday at the State Palace in Jakarta, calling for stronger economic ties between Indonesia and the US.

The Congress delegation led by Senator Vern Buchanan from Florida arrived in Indonesia ahead of the celebration of the 70th Indonesian Independence Day on Monday.

Among senators in the US Congress delegation are Adrian Smith from Nebraska, David Price from North Carolina, Dina Titus from Nevada, Jim McDermott from Washington and Susan Davis from California.

During the meeting, the delegation congratulated Jokowi for the efforts the Indonesian government had made in the economic and governance fields.

"The Congress members also praised Indonesia as a model of democracy and religious tolerance and called on the country to share its experience with the world," the US Embassy said in a statement on Saturday.

It further said that during the meeting, the delegation members were also sounding out the possibility of increasing US-Indonesia partnerships, especially efforts to strengthen trade and investment between the two countries.

"The US Congress delegation also congratulated President Jokowi over the upcoming celebration of the 70th anniversary of Indonesia Independence Day. The delegation warmly welcomed the planned visit of President Jokowi to the US later this year," said the embassy.

Earlier, the US delegation was engaged in a productive discussion on economic, security and government issues in its meeting with Foreign Minister Retno Marsudi and Presidential of Chief of Staff Luhut Panjaitan.

On Sunday, the US delegation is scheduled to meet with House of Representatives leaders as part of its efforts to strengthen relations between legislative councils in the two countries. The delegation members are also scheduled to attend a flag-raising ceremony to celebrate Indonesian Independence Day on Aug. 17 at the State Palace on Monday.

The delegation members are leaders of the US House Democracy Partnership, a bipartisan commission at the US House of Representatives that has built a relationship with the Indonesian House of Representatives since 2006.

"This is the sixth US House Democracy Partnership visit to Indonesia and there is no country that has received such frequent visits from this Congress delegation, except Indonesia," said the US Embassy.

Two Congress members, Buchanan and McDermott, who head the Indonesian Caucus at the US House of Representatives, have visited Indonesia several times over the last 10 years. (ebf)

Source: http://www.thejakartapost.com/news/2015/08/16/congress-calls-stronger-us-ri-economic-ties.html

Analysis & opinion

The week in review: Let's work? Stop the fighting

Jakarta Post - August 23, 2015

Endy Bayuni – President Joko "Jokowi" Widodo came up with a short and catchy slogan, Ayo Kerja (Let's Work), to mark Indonesia's 70th Independence Day anniversary on Aug. 17. It is appropriate and consistent with the name of his team, the Working Cabinet, and the "Work, Work, Work" theme of his presidential inauguration speech in October.

Here is the problem: His government has hardly lived up to the slogan. These past 10 months we have witnessed a public spectacle of endless political infighting, initially between Jokowi and opposition parties in the House of Representatives, but lately more between different factions within the government.

The nation's political elite – inside and outside the executive branch of government – is squandering so much time, energy and resources fighting one another instead of addressing many of the problems facing the country, including in particular arresting the economic decline.

Any hope that the mini Cabinet reshuffle this month would improve its performance was dashed this week. The recruitment of Rizal Ramli, ever a staunch critic of the government past and present, as coordinating maritime affairs minister may have turned out to be a huge strategic mistake.

Rizal quickly earned the reputation as an enfant terrible, picking fights with fellow team members, including Vice President Jusuf Kalla. Early this week, following a meeting of all four coordinating ministers, they each went public to pledge better coordination.

Later that same day, however, Rizal not only criticized the government's ambitious plan to build enough power plants to generate an additional 35,000 megawatts of electricity by 2019, he also called for dropping the plan altogether and challenged the Vice President to a public debate to settle the matter.

Rizal had earlier picked on Garuda Indonesia, which is well outside his domain (unless Garuda is a shipping company), by telling the national carrier to cancel its plan to buy 30 Airbus jets because it makes no economic sense.

This put him in direct confrontation with Rini Sumarno, the minister for state enterprises, who rebuffed him for interfering in her work. Garuda is a publicly listed company answerable to the public and not only to the government. It could do with less government intervention.

It is unclear how far Jokowi can go to put a stop to Rizal's eccentricities. The President has ordered Rizal to focus on cutting down the bureaucratic waiting time for customs to clear goods in ports, a problem other ministers in the past failed to resolve, and set an October deadline. Will this keep Rizal busy and stop him from attacking fellow Cabinet members? We'll see.

Since factionalism besets Jokowi's presidency, Rizal's erratic behavior raises questions about whose interests he represents. Who does he answer to if not the President? This would be fodder for speculation among many political buffs, but the "Let's Work" slogan risks becoming the butt of social media jokes unless the President prevails over his own team and starts delivering.

The President should tell his Cabinet, including the newcomers, to stop fighting. And particularly for one or two of them who can't control their mouths, to just shut up.

It's heartening to see that some of the Cabinet newcomers have rolled up their sleeves and started work.

Trade minister Thomas Trikasih Lembong's first order of the day was to allow imports of basic foodstuffs, including beef, to ease prices. Earlier decisions to stop imports in the name of self-reliance made no sense when the nation could not meet domestic demand. Thomas also ordered data be improved on production and consumption, noting that flawed figures led to wrong policies.

Coordinating Political, Legal & Security Affairs Minister Luhut Binsar Pandjaitan took up Jokowi's promise, made in his State of the Nation address, to improve the government's policy in Papua and also to address questions of past human rights abuses.

The crash of the ATR 42 plane operated by privately owned Trigana Air on the eve of the Independence Day anniversary was another reminder of unfinished work on airline safety. With the exceptions of Garuda Indonesia and AirAsia Indonesia, no Indonesian airline operators can fly to Europe or the United States because they fail to meet safety standards set by the International Civil Aviation Organization (ICAO). These airlines may not be flying to Europe or America, but this is no reason to ignore safety measures.

Many accidents in public transportation, and not just air crashes, could and should have been prevented if the nation had paid more attention to safety aspects and striven to meet the minimum prescribed international standards. The nation in the past decade has experienced a boom in air passengers thanks to the mushrooming of budget operators. It is the government's job to ensure that these operators observe the rules on safety and there is no better way than by striving to meet the ICAO standards.

Yes, we agree with President Jokowi that Indonesia has got a lot to offer and that the nation needs to work harder to realize its economic potentials. But the slogan Ayo Kerja should first be addressed to his team. The public spectacle of endless infighting has become too tiring and too dull to follow.

Source: http://www.thejakartapost.com/news/2015/08/23/the-week-review-let-s-work-stop-fighting.html

If only Ahok would listen

Jakarta Post Editorial - August 22, 2015

If only Jakarta Governor Basuki "Ahok" Tjahaja Purnama had been eager to listen to a proposal on the kampung susun (elevated village) development in Kampung Pulo, violence would not have marred the relocation of residents of the East Jakarta area on Thursday and he could have emerged as the next Joko "Jokowi" Widodo, his popular former boss.

There are a number of reasons behind Jokowi's rise from small town Surakarta to the cover of TIME magazine: most prominently his success in resettling almost 1,000 secondhand goods sellers from Banjarsari Park to a remote area that later became a bustling flea market. The relocation was peaceful, thanks to Jokowi's "dining room diplomacy", in which the then Surakarta mayor agreed to all 14 points proposed by the traders.

If only Ahok had the patience, he could have built a brand new image as a pro-poor leader on top of his publicly known clean track record.

The kampung susun is a multistory settlement near the banks of the Ciliwung River, which is also designed to accommodate informal economic activities of Kampung Pulo residents. Different to Ahok's rusunawa (low-cost apartments) template, Kampung Susun involves participation of several renowned architects who work as volunteers at Ciliwung Merdeka, an advocacy organization led by urban poor activist Sandyawan Sumardi.

The Ciliwung riverbank residents also received support from lawyers, community organizers, several prominent researchers and urban planners in their bid to develop their housing.

In November 2012, then Jakarta governor Jokowi agreed to waive spatial planning regulations to pave the way for the kampung susun project. The result would be an area that was "roomy enough to build a road to allow fire trucks to pass 4 meters from the riverbank, plus a 2-meter settlement demarcation that can be used as green space".

Only last month, Ahok expressed his support for the proposal, prompting the residents to hold marathon meetings among themselves to draft the relocation agreement.

Ahok said the elevated village would be built near the river and residents who held valid land and building ownership documents would be entitled to a unit that could be inherited by their offspring and sold back only to the city administration. The kampung susun replicates Yogyakarta's Code riverbank settlement project by the late Catholic priest-architect YB Mangunwijaya and the Stren Kali (Jogokali) project in Surabaya, in which the administration allowed the community to live on the riverbank as long as they maintained the cleanliness of the river.

In the Kampung Pulo case, however, Ahok suddenly changed his mind, considering the participatory resettlement project time-consuming and costly. His turnaround pushed the negotiation between the city administration and the local residents back to square one. Worse, now the residents view Ahok as their enemy in the flood mitigation project as evident in the clash that marked Thursday's eviction.

It's never too late to reinstate the kampung susun, a model of river normalization that supports poverty eradication in Jakarta and beyond. It only needs patience and perseverance.

Source: http://www.thejakartapost.com/news/2015/08/22/editorial-if-only-ahok-would-listen.html

Don't force Aceh victims to shake hands with the devil

Jakarta Post - August 21, 2015

Bhatara Ibnu Reza, Sydney – Ten years ago at the end of summer in Helsinki, the government and the Free Aceh Movement (GAM) signed a memorandum of understanding to end more than 30 years of the conflict in the province.

This historic moment of Aug. 15, 2005 was celebrated in Indonesia, particularly by the people of Aceh, with hopes that peace would also end violations of human rights and injustice, showing that humanity prevails after all.

Moreover, the "Helsinki Agreement" showed the world that amid all the suffering after the earthquake and tsunami of Dec. 26, 2004, both conflicting parties succeeded to put humanity over their political interests, which had until then blocked all efforts to reach peace in Aceh.

Today, peace should not only be celebrated by former conflicting parties, but also by the common people in Aceh, especially the victims of human rights abuses.

During the past 10 years, peace in Aceh only had a single interpretation – the end of the armed conflict without any legal consequences for violations of human rights.

The victims have never been mentioned as the primary party who should enjoy peace and the resumption of their rights to pursue justice and accountability from the state. Instead, efforts to gain the truth of the violations by either conflicting parties have been discouraged for the sake of peace.

Even worse, these efforts are characterized as attempts to disrupt peace itself. This means impunity is still intact in Aceh.

The Helsinki Agreement mandated the immediate establishment of a human rights court and a commission of truth and reconciliation in Aceh. Prior to the agreement, civil society members in Aceh, together with their colleagues from all over Indonesia, were known for their very progressive movement in promoting human rights as part of the peace process and peace building.

One of their significant efforts in promoting human rights based on the MoU was intensive studying, researching and lobbying of the draft of a bylaw or qanun on the truth and reconciliation commission in Aceh. This draft was later adopted by the Aceh legislative council as Qanun No. 17/2013.

Unfortunately, this qanun was delayed simply because Indonesia did not have a national law on the truth and reconciliation commission after the Constitutional Court overturned the law in 2006.

Unfortunately, there was no further discussion in the House of Representatives to replace the previous law. Additionally, the human rights court for Aceh does not yet exist and the immediate impact is that violation of human rights cases, especially during martial law, were never prosecuted.

Meanwhile, the new elite who were GAM fighters and who have now become local government officials have been busy with political and economic interests, using all opportunities brought about by the post-war period. Yet not all former fighters are lucky.

One cause is that during the peace negotiations, the GAM elite failed to thoroughly think how to fully reintegrate their fighters into society. Some of these discontent comrades then decided to take up arms and start guerilla warfare against their former leaders.

This situation triggered new human rights violations in Aceh and, as we learned from experience, the common people are the first casualty of the conflict.

The failure to fulfill such a mandate to set up mechanisms to settle human rights violations and to integrate former fighters under the Helsinki Agreement has led to imbalance between peace and justice for victims.

Peace should not delay justice; the development in Aceh reflects justice denied for thousands of the war survivors and their relatives.

The agreement also mentions the possibility of amnesty for perpetrators, but this provision cannot eliminate state responsibility to provide justice since these were crimes against humanity as recognized in international law.

Justice should be achieved in post-conflict societies; it simply starts with the state's recognition of the human rights violations.

This entails the state's obligation to explain and to admit why and how the state was involved in a situation in which human rights violations occurred.

At this level, the state would first show its goodwill to render the truth to the victims through their policy on opening all available relevant information.

The second part of the state recognition of violations is that the state starts an investigation. At this level, the investigation should be conducted by the National Commission on Human Rights (Komnas HAM) based on the Law No. 26/2000 on the Human Rights Court.

According to the law Komnas HAM has the right to summon anybody as a witness to hear their information about an actual situation. The rights body also has the right to access documents of all government institutions to seek evidence, including documents of the GAM as one of the alleged perpetrators of human rights violations.

The third part of the above state recognition of atrocities is that justice is carried out by an independent and impartial court. Finally, the victims and their family have the right for moral reparation to respect victims' rights and dignity.

Hence, reconciliation and justice should be achieved immediately for the best interests of the victims. Also, reconciliation and amnesty cannot nullify justice and individual criminal responsibility.

This is shown by Qanun No. 17/2013, which adopted a significant understanding of how to reveal past human rights crimes by emphasizing both reconciliation and justice without any hesitation.

This means the truth and reconciliation commission to be set up in Aceh should not sacrifice the justice seekers while the human rights court in the province would try any case of crimes against humanity and/or genocide – even though the perpetrators are already heard before the truth and reconciliation commission.

This principle should be adopted at the national level since President Joko "Jokowi" Widodo has stated his administration's willingness to reveal past human right abuses.

The problem is that Jokowi only emphasized reconciliation between the victims and the perpetrators without mentioning justice and accountability.

In this framework reconciliation merely forgives the perpetrators without any guarantee of preventing the same crime being committed again by the same perpetrators.

For the victims, this is a new form to prolong impunity since the question is for whom reconciliation is made if the state has never been willing to regret and apologize for what has been done to the victims. Victims would be forced to shake hands with the devil.

Reconciliation should not result in negating justice and human rights, but in accepting one's guilt and admitting to it.

When justice is achieved, Indonesians will learn from their mistakes as a moral society with Aceh being part of our responsibility. Continuing to delay victims' rights for the sake of peace will amputate the soul of the peace itself.

It is a must for the state to speed up its fulfillment of victim's rights and social justice in Aceh to show that peace completely belongs to the people and not to a handful of elites.

[The writer is researching civilian involvement in state defense for his PhD in law at the University of New South Wales, Sydney. He is a researcher of Imparsial (the Indonesian Human Rights Monitor) and a former analyst for the Aceh ad-hoc team of the National Human Rights Commission during the military emergency in Aceh (2003-2004).]

Source: http://www.thejakartapost.com/news/2015/08/21/don-t-force-aceh-victims-shake-hands-with-devil.html

How Indonesian forest law is being used against poor people

Jakarta Post - August 16, 2015

Anne-Sophie Gindroz, Denpasar, Bali – "Why are you leaving now? Come back here! I have told the truth but you do not believe me. Let's take an oath on our lives!" Asyani, a frail, 63-year old woman from eastern Java, broke down into hysterics and pleaded with the panel of judges who had just convicted her for stealing teak wood.

Asyani claimed she took the wood from her own land years ago, but because she lacked the requisite documentation, she faced potential jail time and a fine close to US$40,000, despite making only about a dollar a day.

Asyani makes a living as a masseuse for babies in her village. Since she doesn't make enough, her neighbors help her out by giving her food.

Five years ago, her husband became terminally ill with cancer. Before he died, they sold a piece of land to cover his medical costs. Prior to selling the land, they cut their teak trees and the wood has been stored in front of their house for six years.

Recently, Asyani decided to use this wood to make herself a new chair and a massage table. She brought the wood to the local carpenter, and was consequently accused by the public Forestry Estate PT Perhutani of stealing this wood from a nearby concession.

Asyani was arrested in a police operation and detained for three months before being sentenced. The shock from the court ruling sent her to the hospital for three days.

Asyani's case is not unique. Hundreds of people are detained in Indonesian jails for having claimed their rights on their land, forests and other resources while resisting eviction and land grabs.

Indonesia's Forest Law No. 18/2003 on Prevention and Eradication of Forest Destruction, ostensibly intended to protect the forests from organized crime and illegal logging, is instead being used to criminalize Indigenous Peoples and local communities.

Many have lived off and managed their lands and resources for generations. Few have the monetary resources necessary to defend these rights against powerful and sometimes corrupt interests that seek to control Indonesia's forests

Civil society organizations and academics have called for this Law to be abrogated because of its impact on poor and marginal communities. Teguh Yuwono, professor of Forestry at Gadjah Mada University in Yogyakarta, states that the law is "used as a weapon against poor people [...] while the conglomerate heavily suspected to be involved in major forest plundering can still roam free."

Criminalizing Indonesia's poor is nothing new. Noer Fauzi Rachman, a senior researcher at the Sajogyo Institute, describes it as a tactic for the perpetuation of domination and control over forest lands and peoples, "meant to remind the people around the forest who have the real power in controlling the land."

"This situation is not significantly different from the pattern of relationships that took place in the colonial era," he notes.

For Noer Fauzi, the case of Asyani is symptomatic of a criminalization process related to the Indonesian forest tenure system inherited from the Dutch colonial rule. The Dutch rulers established the first regulatory system for Java and Madura forests. In 1870, all forest land that was not under private ownership was declared to be state-owned.

Then the Colonial Forestry Service (Boschwezen) drew delimited boundaries between forest and non-forest areas (agriculture, plantations, settlements, etc.) and classified the forest areas based on different functions. This led to determination of legality in their access and utilization.

Those who had a permit were considered as having legal access, while all others who lacked formal permission were declared illegal.

Although the laws have changed since then, one constant has remained: those who traditionally depend on the forests have struggled to have their rights recognized. Rather than forbidding communities to use the land, the government should enlist their aid in managing forests.

Research shows that when they have legal title to their lands, Indigenous Peoples and local communities do a better job of preventing deforestation and climate change, and preserving biodiversity than governments. Some have even been able to protect their lands against illegal loggers.

Instead, the Indonesian Government has transferred land belonging to Indonesia's rural poor to corporations on a massive scale. Over 30 percent of the country's land is currently part of some sort of concession. And the poor face disproportionately high punishments when they run afoul of concessions and protected areas.

Asyani, who was convicted of stealing seven pieces of 1.5 meter long teak wood worth about Rp 4 million (US$296), received a fine five times that of a businessman sentenced the same week for paying a bribe of Rp 5 billion.

Asyani has written to President Joko "Jokowi" Widodo and received promises of support from the Environment and Forestry Minister Siti Nurbaya. And on Aug. 17, President Jokowi will have an opportunity at the Independence Day celebration to grant his presidential grace to those who are unfairly detained.

Let's hope that Asyani will be among those receiving Jokowi's attention, but increasing criminalization and human rights abuses related to land conflict require a firm political position and affirmative steps by the government. It is time to stop using the law to oppress poor people and grant marginalized citizens effective access to justice.

[The writer is the Southeast Asia facilitator for Rights and Resources Initiative, a coalition of organizations working for forest tenure reform for Indigenous Peoples and local communities across the world, including Indonesia.]

Source: http://www.thejakartapost.com/news/2015/08/16/how-indonesian-forest-law-being-used-against-poor-people.html