Solomon Islands has raised concern about human rights violations in the Indonesian Province of West Papua at the United Nations Human Rights Council in Geneva.

Its diplomat in Geneva, Barrett Salato, has told the Council that human rights violations need urgent attention by the world community.

Mr Salato said Solomon Islands remains concerned by arbitrary arrests, summary executions, tortures, ill treatments and limitations of freedom of expression committed by Indonesian security forces.

He encouraged Indonesia to establish a dialogue with West Papuan representatives and to cooperate with the Council by allowing UN special procedures planning to visit Indonesia.

Mr Salato highlighted the request made by the Pacific Island Forum to allow for a human rights fact-finding mission to be sent to West Papua. He said access to education and health services for the Papuans has deteriorated, adding to a decline of the indigenous West Papuan population.

Source: http://www.radionz.co.nz/international/pacific-news/299096/solomons-concerned-about-abuses-in-west-papua

WPNLA claims responsibility for Papua attacks, government considers Poso-style

Jakarta Globe - March 16, 2016

Jakarta – The West Papuan National Liberation Army, or WPNLA, has claimed responsibility for a shooting attack in Punck district, Papua, on Tuesday (15/03) at a construction site of the government's Jalan Trans Papua project, prompting a government leader to suggest heightened military operations in the area.

Four employees of the Modern construction firm were killed during an attack orchestrated by around 20 armed men while working at the Jalan Trans Papua construction site at 1.35 p.m. Three were killed during the attack, with one dying later in hospital.

"We are responsible for the shootings. Now, [every movement] has been under one command," WPNLA spokesman Sebby Sambom said on late Wednesday, as reported by Republika on Wednesday (16/03).

The armed group WPNLA has supported both West Papua National Committee (KNPB) and the Free Papua Movement (OPM). Goliat Tabuni, a high profile OPM member, is believed to be a commander of the group.

Sebby said the attack was intended to end the construction of Jalan Trans Papua – a major piece of President Joko Widodo's infrastructure plan – calling the 4,000 kilometer long road a type of colonialism.

The group had been instructed by its leaders to stop the construction, Sebby said, adding the attack is part of a so-called "local revolution."

Seven workers escaped the attack uninjured, while an excavator and a bulldozer were burned. Papua police chief Paulus Waterpauw said 40 police and military officers have been deployed at the scene and to search for the group.

Security Chief Minister Luhut Pandjaitan said the government is considering launching military operations in Papua similar to a Poso, Central Kalimantan, operation to capture a terror group led by fugitive Santoso. "In Poso, the operation is developing well," Luhut said on Tueday, as quoted from Detik.com.

Around 2,500 police and military officers have been deployed to the hilly jungles of Poso since January as part of Operation Tinombala to capture Santoso and his followers.

Source: http://jakartaglobe.beritasatu.com/news/wpnla-claims-responsibility-papua-attacks-govt-considers-poso-style-military-operation/

Institute calls for special Papua envoy

Jakarta Post - March 15, 2016

Jakarta – The Indonesian Institute of Sciences (LIPI) has suggested that President Joko "Jokowi" Widodo appoint a special envoy to prepare a dialogue aimed at pursuing peace in the easternmost region.

In a 2009 study LIPI promoted a dialogue between the central government and residents of Papua and West Papua as a way to formulate peace in the area. A dialogue involving every party, which LIPI called a "national dialogue", is seen as the most promising way to pursue peace.

LIPI political analyst Cahyo Pamungkas on Monday said a special envoy would represent Jokowi in approaching local communities before the commencement of the national dialogue.

During his first visit to Papua last year, Jokowi said he was ready to open talks between the central government and Papuans. "However, what is not clear yet is the concept of the dialogue itself. Therefore, LIPI is trying to devise a concept on which the president would base his proposal for Papuan communities," Cahyo said during a discussion in Jakarta.

LIPI recommended that the colloquy involve a wide range of parties, from the central government to religious communities, investors, political parties and scholars specializing in Papuan affairs.

LIPI cited examples of similar dialogue to resolve conflicts in other countries. "In different contexts, a national dialogue also took place in Yemen, Tunisia, Sudan and Libya," Cahyo said.

Cahyo added that the 1945 UN Charter stipulates in its Article 33 that a dialogue is a primary solution in resolving a dispute or conflict that could jeopardize international peace and security.

LIPI researcher Adriana Elisabeth said the institute had proposed a number of yardsticks for choosing the special envoy. "The criteria would be a standard to appoint an envoy, so that he or she could work effectively in talking to the communities," she said.

One of the criteria LIPI suggested is that the candidate would need wide-ranging knowledge on Papua, including on the roots of all problems in the two provinces.

Adriana said the government should not overlook anybody for the special envoy position, including people from other countries. She pointed as one possible candidate to Solomon Islands Prime Minister Manasseh Sogavare, who had paid a visit to the State Palace in Jakarta earlier this year to offer help in dealing with the United Liberation Movement for West Papua (ULMWP).

The ULMWP, formed in December 2014, coordinates the activities of resistance movements in collaboration with external parties. The organization has a status as an observer in the Melanesia Spearhead Group (MSG), a sub-regional grouping in the Pacific comprising Papua New Guinea, the Solomon Islands, Vanuatu, Fiji and New Caledonia.

Indonesia itself is an associate member of the group, which is now chaired by Manasseh. "However, it was reported that Jokowi refused to accept Manasseh's offer," Adriana said.

LIPI suggests that in pursuing national dialogue, the government should proceed in phases.

First, Jokowi should meet with the Papuan and West Papuan provincial administrations, local legislative councils as well as people's assemblies. Second, there should be dialogue between every ministry and non-governmental organization in the country to find compromises on Papua. Third, a dialogue should also be carried out between every community within Papua. (mos)

Source: http://www.thejakartapost.com/news/2016/03/15/institute-calls-special-papua-envoy.html

Doubts linger over Jokowi's call for Papuan development

Jakarta Post - March 13, 2016

Ina Parlina, Jakarta – President Joko "Jokowi" Widodo has stepped up efforts to develop Papua and is asking the military and the police to adopt a soft approach there.

However, doubts still linger over whether the President can ensure central and local bureaucrats will implement his commitments to the easternmost region, which remains one of the poorest despite its abundant natural resources and is often marred by violent incidents.

Father John Jonga from Wamena, who once received a Yap Thiam Hien human rights award, said that although Jokowi had three times visited Papua, he did not really listen to Papuan voices as his administration and local authorities were still unable to follow up on the President's calls.

"It needs extra serious efforts; the state has been absent too long from Papua," John said on Saturday. "The government must also address social injustice there."

Last month, Coordinating Political, Legal and Security Affairs Minister Luhut Panjaitan admitted that about 60 percent of Papuan leaders failed to implement the development agenda in Papua since they were often busy running their own errands elsewhere outside the region.

Jokowi has pledged to bring more inclusive development to Papua and has even considered a railway construction project to be started in Sorong, West Papua, sometime this year.

Since he took office, Jokowi has visited the easternmost region three times to ensure development projects, like airports and rice estates, were being properly implemented. Long before Jokowi took office, the central government had been accused of being solely interested in Papua's rich natural resources, with little regard for its people.

Researcher Budi Hernawan said Jokowi should not only establish more effective dialogue with native communities, local administrations and civil society groups, but should also involve them in policy-making and implement better monitoring of development programs in Papua, which could also prevent budget misuse.

"Make them implement their tasks well," Budi added. He later also questioned whether a railway project in West Papua would benefit local people since there are only about 800,000 residents in the area.

John revealed a plan to meet with officials at the presidential office on Monday to voice Papuan aspirations, including social economy development in Papua.

Presidential chief of staff Teten Masduki and National Development Planning Board (Bappenas) chief Sofyan Djalil recently signed a commitment to ensure that Jokowi's priority development programs, including the Papuan development agenda, would be free from unnecessary intervention.

A number of Cabinet meetings have also been held to discuss Papuan issues – for instance, one in January during which Jokowi called on his officials to use a soft approach in handling the separatism issues in Papua and Aceh, including by opening up the possibility of granting amnesty.

But mutual trust and freedom of speech remain elusive in Papua since the authorities appear to be still using repressive approaches, with the latest incident being the police summoning John for questioning following a sermon he gave last month suggesting people in Wamena use a customary meeting center as a place to discuss social, economic and political matters. The police wanted to question him as a witness concerning alleged treason.

During his second visit to Papua in May last year, Jokowi opened up access for foreign journalists and international organizations to Papua and West Papua and granted clemency to five political prisoners detained in Jayapura. Jokowi has also called on security personnel to promote dialogue with the Papuan people in order to build mutual trust and said he wanted to see them changing the repressive security approach they have been using all this time into a development-and-welfare approach.

However, the government has also mulled over a plan to establish a new military command in Manokwari, the provincial capital of West Papua, a move many fear may lead to a more repressive security approach by the military, which could further fan separatist sentiment. "We need a friendlier approach," said Phil Erari from the Indonesian Communion of Churches (PGI).

Numerous cases of violence have repeatedly occurred in Papua. Previous reports said at least 69 Papuans had been imprisoned for peaceful advocacy of independence as of October 2014. The police had also arrested two French journalists, Valentine Bourrat and Thomas Dandois, on charges of "working illegally" on Aug. 6, 2014. They were released on Oct. 24, after a Jayapura court sentenced them to two-and-a-half months in jail.

A recent study by the Indonesian Institute of Sciences (LIPI) has also predicted that violence may still occur in Papua unless the government takes immediate steps to better coordinate its security forces in the region and to involve native communities in policy-making.

Source: http://www.thejakartapost.com/news/2016/03/13/doubts-linger-over-jokowi-s-call-papuan-development.html

In restive province, Papuans wonder whose side church is on

UCA News - March 11, 2016

Cypri Jehan Paju Dale, Jakarta, Indonesia – Indonesian Father John Djonga has continually found himself in trouble with security forces in West Papua.

In the latest incident, Father Djonga, a priest of Jayapura Diocese and a renowned human rights defender, was questioned by the police for his role in leading an ecumenical prayer service for the inauguration of the Papuan Indigenous Council Center in Wamena, which is also an office for the United Liberation Movement for West Papua. Around 5,000 Papuans from various denominations attended the ceremony.

The allegation against Father Djonga is treason, an accusation that has put many Papuans behind bars as political prisoners and a few others executed through extrajudicial killings. Progressive Protestant leaders such as the Rev. Benny Giay and the Rev. Yoman Socrates also faced such accusations and now are under strict military surveillance, as confirmed by leaked military documents in 2011.

In 2008, Father Djonga had similar trouble as a parish priest in the remote area of Keerom in Papua as he was defending indigenous Papuans fighting against land grabbing, deforestation, and military violence on the border with Papua New Guinea.

The priest also criticized the involvement of security forces in illegal logging, which caused him trouble when the military's special forces troops, known as Kopassus, allegedly urged him to keep quiet or he would be buried alive. The civil society networks then rescued him, but when he returned to Keerom, instead of remaining silent as he was warned, he continued his work and established a human rights foundation.

In 2012 Father Djonga faced scrutiny from Indonesia's intelligence agency and military. He was charged with colluding and supporting pro-independence leaders in hiding in the forests and abroad. His phone, which contained phone numbers of pro-independence leaders, became evidence.

In his defense, Father Djonga asked authorities also to reveal a phone list of his containing the numbers of Indonesian police and military officials, and announce the names of all Jakarta officials, including ministers, who had contacted and communicated with him.

He told investigators at that time that as a pastor, it was his duty to bridge communication and dialogue with all parties, without resorting to the use of violence.

Churches often proclaim their concerns for human rights and their mission of liberating the oppressed. However, in complicated situations like in West Papua, where the state and corporate powers conspire against the well-being of the people, concerns for human rights and solidarity with the oppressed are not as simple as preaching from a podium or publishing a pastoral letter.

In everyday reality, defending the rights of Papuans means a confrontation with dominant groups, such as the state apparatus and corporate oligarchies. The dilemma in defending the indigenous' rights to their land and forests means fighting against investors and politicians, many of whom are also Christians and donors to the development of churches.

Does the church choose solidarity with the people at the expense of development donations? This is an option with a cost that not all church leaders are willing to absorb.

Voice of the Voiceless

Churches are often idealized as the voice of the voiceless. But in Papua, the people are not voiceless. They have been speaking up, crying out, asking for help and seeking solidarity, while their struggle has withered on for decades. It is the churches that are often voiceless. The leaders of institutional churches – whether in Papua, on the national level and global – have remained silent to the struggles of Papuans seeking self-determination.

The Indonesian bishops' conference and the Communion of Churches seem to have aligned themselves with the government's developmental and security approach in Papua. The Papuans' experiences of systemic violence, discrimination, resource appropriation, marginalization, neglect of rights to self-determination are ignored.

Church leaders do not see Papuans as the oppressed, the ones that they are preaching about, the ones that are severely in need of solidarity and liberation. Instead, they maintain harmony with the government, believing that listening to the cries of Papuans might jeopardize their relationship with the government.

Despite the silence of the institutional churches, the grass-roots church groups in Papua managed to grow and consolidate. The basis for those movements is similar to the independence declarations in Indonesia's 1945 Constitutions: "independence/freedom is the inalienable right of all nations, therefore, all colonialism must be abolished in this world as it is not in conformity with humanity and justice".

This struggle for self-determination has strong Christian foundations, as eloquently summarized by the theologian and anthropologist, the Rev. Giay: "The Christian faith proclaimed by the church has provided a great power of faith to the people who live under the oppressions."

The church and the Bible are felt as the power of emancipation. Christian salvation and liberation is not understood as a matter of heaven, but liberation from human rights violence, discrimination, and marginalization.

These communities and grass-root churches delink themselves from the authority assumed by the state and corporations, and followed by mainstream churches. They established other visions of a good life in which survival, well-being and dignity of the people, their nature, and culture is the priority.

As another Papuan human rights advocate, a Catholic woman Yosepha Alomang puts it: "The church is a mother, who should be here in the everyday life of her children, giving them life, protecting them when they are threatened, defending them when they are discriminated, and walk with them toward a decent life."

It is this political faith and theology of liberation in which the religious gathering at the inauguration of indigenous council's office in Wamena was held.

Papuans are wondering how church leaders – in Papua and Jakarta – will react to this fact. The question the institutional churches need to answer is do they stand with those who exploit the rich land and resources that rightfully belong to the Papuan people or do they stand with the Papuan people themselves. This is the test of history for the churches in Papua and Indonesia in general.

[Cypri Jehan Paju Dale is an author and researcher at the Institute of Social Anthropology, Bern University, Switzeland.]

Source: http://www.ucanews.com/news/in-restive-province-papuans-wonder-whose-side-church-is-on/75454

Rights violation probe

Fiji Times - March 10, 2016

Tevita Vuibau – The MSG says while it respects the sovereignty of Indonesia over West Papua, it will still vigorously pursue the reports of the violation of human rights in the country that is struggling for self-determination.

Allegations of gruesome human rights abuses perpetrated by Indonesian armed forces on West Papuans have been widely reported, however, no concrete action has been taken to bring those responsible to justice.

But MSG chairman and Solomon Islands Prime Minister Manasseh Sogavare said the abuses were something they could not shy away from, even though they recognised that Indonesia had authority over West Papua.

"The matter of self-determination is a matter between the West Papuans and Indonesia to discuss. But when it comes to human rights violations, I think we can and we have a duty as members of the UN to express our views and concerns and we hope the President of Indonesia will respect that for the good of all.

"All right thinking people of planet earth should be able to express concern when a race is persecuted for what they believe in for expressing their thinking and expressing how they want to organise themselves," Mr Sogavare said.

He said they continued to encourage the Pacific Islands Forum Secretariat to send an independent fact-finding mission made up of NGOs and churches to West Papua to find out more about the human rights violations.

"Now that has yet to happen, in my latest discussion with the Prime Minister of Papua New Guinea, he said he is still talking with his counterpart the President of Indonesia on how we can get that fact finding mission to Indonesia."

Mr Sogavare said the MSG's main concern was to ensure the integrity of the fact-finding mission and to do that, the mission would need to be independent of all governments. He also explained the Indonesian Government needed to allow the mission free access to follow up the allegations of abuse.

"We have reports of it we have reports of the last ten years of violations. It's with me as chair of the MSG, two volumes and our concern is that fact-finding mission must be allowed to do it's work freely.

"And we also expressed and jointly agree that it is good for Indonesia that we discuss this openly and they to allow this fact-finding mission and we would like to make it very clear to Indonesia that we respect Indonesia's sovereignty over West Papua and that's a position that we take both in the MSG and the Pacific Island forum."

Mr Sogavare said he planned to visit Indonesia in April and encourage the leadership talks with the West Papuans, the first peaceful talks in 50 years.

Source: http://www.fijitimes.com/story.aspx?id=344927

Aceh

Aceh clamps down on LGBT people, threatens caning

Jakarta Post - March 15, 2016

Jakarta – Ulemas in the West Aceh regency say there is no place for lesbian, gay, bisexual and transgender (LGBT) people in the area and are threatening to cane those committing such activities as they claim they are violating the laws of God and sharia as implemented in Indonesia's westernmost province.

The local administration, together with the ulema community, said it would eradicate the existence of the LGBT community whose activities have lately been detected in a number of beauty salons in the West Aceh regency, a member of the West Aceh Ulema Consultative Assembly (MPU) DI Nasution said.

"This time it's still a warning for the LGBT people who were netted in the previous raids. In the future, if they still refuse to change, we will cane them in accordance to Islamic law," he said as quoted by Kompas.com on Tuesday.

Nasution also warned the LGBT community in the area to immediately return to the sexual identity they were born with and also to respect sharia.

Meanwhile, the North Aceh administration plans to assign officers from the Public Order Agency (Satpol PP) and the Syariat Police (Wilayatul Hisbah) in every district to guard and monitor the practice of sharia in the villages of the regency.

North Aceh regent Muhammad Thaib said most of the monitoring of sharia is conducted in cities, while villages tend to be neglected. The monitoring efforts needed to be intensified in the villages to prevent violations of the Islamic law, he said.

At a muzakarah event – a religious-based debate session – in Nisam subdistrict of North Aceh on Monday, Thaib invited the society to abide by the religious values and examples set by the ulemas.

"Ulemas are our role model. We have much to learn about religion from them. We should not distance ourselves from the ulemas," he said, adding that he was also inviting the ulemas to provide guidance and criticism during his tenure as a district head in North Aceh.

The muzakarah was carried out to coincide with the commemoration of the birth of Prophet Muhammad and attended by Abon Yusuf as well as by a number local government officials from the Aceh House of Representatives (DPR).

Aceh is a special autonomous province in Indonesia and has been, since 2001, the only one to impose Islamic law on all its citizens, including on those of other faiths. (liz/rin)

Source: http://www.thejakartapost.com/news/2016/03/15/aceh-clamps-down-lgbt-people-threatens-caning.html

1965 mass killings

Historian urges government to authenticate Supersemar

Jakarta Post - March 12, 2016

Ina Parlina, Jakarta – The government, through the National Archive Agency (ANRI), should try harder to obtain an authentic document of the March 11 Indonesian Presidential Executive Order (Supersemar) as mystery still surrounds the events concerning the mandate, which changed Indonesia's political course 50 years ago.

Currently, there are three typed copies of the Supersemar, which was issued by Indonesia's first president Sukarno that marked the transfer of power from the founding president to the late Gen. Soeharto, with the latest one obtained from a cleric in East Java in 2013, said Asvi Warman Adam, a historian at the Indonesian Institute of Sciences (LIPI).

The controversy surrounding the Supersemar that remains a mystery is whether if the mandate was indeed merely an order to restore the country's security – amid uproar following an attempted coup believed to be by the now-defunct Indonesian Communist Party (PKI) – or a transfer of power to Soeharto. Another riddle is whether or not Sukarno was forced to issue the mandate.

A televised recording of Sukarno delivering his last state address in August 1966 said that the mandate was not a transfer of authority.

Asvi said the government should try to look for the original document at the private residence of Soeharto and his family in Cendana, Jakarta, adding that the 2009 archive law legitimized such an effort if the document were to be included in the official search list of documents, although there has not yet been any implementing regulation to utilize the mechanism.

"Just look for it at Cendana, who knows if it is there," Asvi said on Friday. "The logic is, if Supersemar is important for Soeharto who was known for appreciating artifacts, he must have kept it close."

He later, however, admitted that it was hard to reveal Indonesia's true history since Soeharto took power because his New Order regime had only given people its version of history.

As the stigma of communism that resulted from the numerous accounts before and after the Supersemar remains to date, Ari Nurcahyo of the Para Syndicate think tank said the history should be used by the country's young generation to learn from and look forward to a better future.

On Friday, the Para Syndicate held a discussion aiming at reminding the youth about the importance of appreciating history.

Last year, anti-PKI protests were held in several regions following misinterpreted information that circulated in the public of President Joko "Jokowi" Widodo planning to deliver an official apology to the PKI during his speech to commemorate the country's 70th anniversary at a ceremony, at the legislative building on Aug. 17.

However, Jokowi's speech did not mention the PKI or deliver a state apology, but only emphasized the government's commitment to finding the best solution toward reconciliation for past abuse cases, including the anti-communist purge.

The National Commission on Human Rights (Komnas HAM) had declared that the systematic persecution of alleged members of the PKI was a gross human rights violation, however, Attorney General M. Prasetyo had suggested ruling out the judicial process and insisted that reconciliation would be the best solution to settle past human rights violations.

Political and military expert Kusnanto Anggoro said reconciliation indeed would be "an instrument for [improving] our future", while Asvi said "reconciliation should be started with revealing the truth; not only the PKI case, but also other past cases."

Source: http://www.thejakartapost.com/news/2016/03/12/historian-urges-government-authenticate-supersemar.html

Indonesia rights body urges Obama to open secret US files

Associated Press - March 11, 2016

Matthew Pennington, Washington – The Indonesia that Barack Obama lived in as a child bore fresh scars from the darkest period in country's modern history. Shortly before Obama's arrival in 1967, hundreds of thousands of people had been killed in a bloody anti-communist purge.

Now Indonesian human rights officials want Obama's help in addressing unanswered questions about the bloodshed 50 years ago. They are requesting the declassification of secret US files that could shed light on how the killings were planned and the extent that the United States collaborated with Indonesia's military.

Despite nearly two decades of civilian rule, the prevailing account in Indonesia of those events remains the one planted by the military regime that swept to power after the killings, led by the dictator Suharto who ruled for 30 years. Indonesian text books portray it as a national uprising against a communist threat, and gloss over the deaths.

Joko Widodo, the first directly elected Indonesian president without links to Suharto, ran as a reformer who would look into episodes of military impunity, but since taking office in 2014, he has not pressed the issue due to opposition within his own government and the still-powerful military.

Indonesia's National Human Rights Commission in 2012 reported there was evidence that crimes against humanity were committed during the 1965-1966 crackdown, but the attorney general took no action.

Commissioner Muhammad Nurkhoiron met this week with State Department officials and has made a formal request to Obama that says the release of files from the CIA, the Defense Intelligence Agency and other agencies will help in "encouraging the Indonesian government to redouble its own efforts to establish the truth" and promote reconciliation.

"We need the US to immediately release those documents to help our efforts," Nurkhoiron said in an interview. He said when Obama leaves office early next year, momentum for US action could be lost.

Myles Caggins, a National Security Council spokesman, said it will review the commission's request. He said the administration supports the declassification of any relevant documents from the period which do not pose a national security risk. The US has already released many documents related to the period, but has withheld others.

The killings began in October 1965 shortly after an apparent abortive coup in which six right-wing generals were murdered. Suharto, an unknown major general at the time, filled the power vacuum and blamed the assassinations on Indonesia's Communist Party, which was then the largest outside the Soviet Union and China, with some 3 million members. No conclusive proof of communist involvement in the coup has been produced.

In his 1995 best-selling memoir, "Dreams From My Father," Obama recounted how his mother, who had moved them to Jakarta after marrying an Indonesian, learned about the recent killings through "innuendo, half-whispered asides." In words that still ring true, Obama wrote: "The death toll was anybody's guess: a few hundred thousand, maybe; half a million."

At that time, the Vietnam War was intensifying, and Washington's fears of communist takeovers in Southeast Asia were running high. Previously declassified State Department documents indicate that the US Embassy in Jakarta passed the names of dozens of Communist Party leaders to the Indonesian army. Redacted meeting notes from a National Security Council covert action committee that were declassified last month – the result of a 2004 freedom of information request from a U.S. historian – show that the US endorsed "obstructive action" against the Communist Party.

The historian, Brad Simpson from the University of Connecticut, said the US organized covert operations aiming to provoke a violent clash so the Indonesian army would crush the communists. Once the killings had started, the US sent technical assistance and clear signals that it supported the killings, he said.

But Simpson said releasing more detailed information would likely make clearer that the primary responsibility for killings lay with the Indonesian military and state, and not the United States. It could shed light on the command and control structure of the Indonesian armed forces, who was actually carrying out the killings in particular places, and the degree of coordination that was involved between the Indonesian army and its civilian supporters and affiliates.

"The more we release, the less tenable will be the conspiracy theories about the US role," Simpson said.

Thomas Blanton, director of the nongovernment National Security Archive, said the Obama administration has quite a good track record on declassifying documents for human rights accountability, as it did last October for Chile, revealing that former dictator Augusto Pinochet ordered the 1976 assassination of a Chilean diplomat.

But he said the US was unlikely to act without a strong push from the Indonesian government, particularly as some of the documents being sought are closely guarded CIA operational files.

That appears unlikely, as the bloodshed of 50 years ago, which is believed to have caught up many with only tenuous communist links, remains a deeply sensitive topic in Indonesia.

Authorities have in some cases blocked public viewings of two recent Oscar-nominated documentaries by the filmmaker Joshua Oppenheimer, who tracked down former death squad members and found them unashamed, unrepentant and even willing to re-enact their brutal murders. (+)

Source: http://www.thejakartapost.com/news/2016/03/11/indonesia-rights-body-urges-obama-open-secret-us-files.html

Women's rights

Jakarta records most violence against women

Jakarta Post - March 10, 2016

Indra Budiari, Jakarta – Jakarta saw the highest number of cases of violence against women of any Indonesian city in 2015 based on data gathered by partner institutions of the National Commission on Violence against Women (Komnas Perempuan).

An annual study carried out by the commission has found that 3,320 out of 16,217 cases were reported in Jakarta, almost double the number in the second province on the list, East Java, that saw 1,785 cases. West Java had the third most reported cases with 1,540.

However, Komnas Perempuan believes a number of factors contributed to the results such as the high level of public awareness of women's rights in the capital.

The report reveals that the three provinces with the lowest number of reported cases of violence against women are Papua with 21 cases and North Maluku and West Papua with four cases each.

"North Maluku and West Papua are relatively new provinces and consequently their infrastructure and human resources are different from conditions in Java," the report said. The report suggests that this poses a challenge for women in those provinces that want to report cases of violence.

Besides data submitted by its 232 partner institutions, the commission also gathered data from religious courts throughout the country and found that 305,535 cases of violence against women were recorded by the courts in 2015.

Azriana, Komnas Perempuan chairwoman, said during a press conference on Monday that the data was only the tip of the iceberg as most victims of were reluctant to file a report because of the stigma attached to being a women and experiencing abuse.

"Not only that, a lot of the victims stay silent because they believe that even if they file a report, the case would not go anywhere," she continued.

The report also showed that 69 percent of reported cases took place in a domestic context, including the abuse of wives and daughters, and in a dating context, while 31 percent of cases happened in the community, such as at school and in the workplace.

Yuniyanti Chuzaifah, the commission's deputy chairwoman, said the government also played a role in causing violence against women through various policies. For example, she said, the Jakarta administration's decision to evict the residents and workers of the Kalijodo red-light district was not only an ineffective solution to the issue, but also potentially made conditions even worse for the sex workers.

She said after losing their workplace in an eviction by the city administration in February, sex workers of Kalijodo in North and West Jakarta would find another place to work such as online prostitution networks or other red-light districts.

Tangerang regency has recorded about 20 sex workers from Kalijodo that have moved to the regency's red-light district Dadap. "Eviction is not the answer, the girls will only move elsewhere and, worse still, they could potentially spread HIV," Yuniyanti said.

Komnas Perempuan points out that perpetrators of violence come from all walks of life. Azriana said the commission had recorded private employees, students, teachers, police officers, military officers and religious leaders as being perpetrators. "Even a public figure has been named a suspect of committing violence against women," she said.

She was referring to the domestic abuse case that implicated lawmaker Fanny Safriansyah, better known as Ivan Haz.

Ivan, son of former vice president Hamzah Haz, has been arrested by the Jakarta Police and charged with abusing his child's nanny, a 20-year-old woman. If proven guilty, he faces a maximum punishment of 10 years in prison.

In the report, the commission recommends that the government be more active in preventing violence against women by including anti-discrimination and women's rights education in the school curriculum. The commission also demands that the Education Ministry apply a new policy preventing schools or any educational institutions from dismissing students who are pregnant.

Source: http://www.thejakartapost.com/news/2016/03/10/jakarta-records-most-violence-against-women.html

Prosecute violent lawmakers: Activists

Jakarta Post - March 10, 2016

Jakarta – Women's rights activists have called on the Jakarta Police to continue the legal process against two lawmakers for their alleged abuse of women.

Director of the legal aid foundation of the Indonesian Women's Association for Justice (LBH APIK) Ratna Batara Munti told reporters on Tuesday that her agency had set up an online petition demanding that the police continue the prosecution of House of Representatives member Ivan Haz of the United Development Party (PPP) for allegedly assaulting a domestic worker identified as TPH.

The petition also demanded that the house's ethics council discharge Ivan as a House member, she said. As of Tuesday, 20,648 people had signed the petition.

Ratna, who went to the National Police's Criminal Investigation Agency (Bareskrim) on Tuesday along with representatives of other NGOs including the National Network for Domestic Worker Advocacy (Jala PRT), and Change.org, said that the law should be enforced to have a deterrent effect and prevent similar occurrences in the future.

Ratna said that the LBH APIK also demanded that the police continue the case against House member Masinton Pasaribu of the Indonesian Democratic Party of Struggle (PDI-P) for his alleged assault on his aide Dita Aditia, who later retracted her police report.

"A legal report of violence cannot be retracted, as it is not a crime by accusation, unlike adultery. It does not even require victims to file a report for prosecution," she said at the Jakarta Police headquarters. Ratna believed that Dita had been intimidated into retracting the report.

Source: http://www.thejakartapost.com/news/2016/03/10/greater-jakarta-prosecute-violent-lawmakers-activists.html

Labour & migrant workers

Court set to start trial of wage protestors

Jakarta Post - March 14, 2016

Haeril Halim, National – The Central Jakarta District Court is scheduled on Monday to start the trial of two human rights campaigners who had been arrested during a labor protest in front of the State Palace in October – a case that may discourage freedom of speech.

Jakarta Legal Aid Institute (LBH Jakarta) lawyers Tigor Gempita Hutapea and Obed Sakti Andre Dominika were arrested when documenting alleged violent acts committed by the police to disperse the workers' rally. They will stand trial along with 23 workers and one university student on charges of disobeying police orders during the protest. LBH Jakarta campaigner Yunita said that the prosecution of Tigor and Obed marked the first time law enforcement institutions have charged public advocates in protests since the country left the New Order in 1998.

"The legal process is a criminalization [an imposition of trumped-up charges] because we found patterns of irregularities in the case," Yunita told a press briefing at the LBH Jakarta office on Sunday.

Although the Central Jakarta District Court has set a date for the trial of the protesters, the LBH Jakarta, which is defending the suspects, has yet to receive the indictment documents. An indictment document is supposed to be sent to lawyers at least one week before a trial begins.

Yunita said even during the New Order such prosecutions rarely happened. The LBH Jakarta only recorded two cases, one involving the controversial prosecution of the founder of the Indonesian Legal Aid Institute Foundation (YLBHI), the late Adnan Buyung Nasution, and another the late human rights defender Yap Thiam Hien, for their efforts defending the weak from massive injustice during the repressive years.

"First of all, the [labor] rally had acquired permits and it was protected by the Constitution. Even if it did not have the permits, then the heaviest sanction possible was only a dispersal, not prosecution like what is happening to two of our fellow advocates and the workers and students," Yunita said.

Dozens of members of NGOs, including some from the YLBHI and the Yayasan Perempuan Mahardhika foundation, have signed a petition to demand the prosecutor's office withdraw the dossiers of the accused from the court and issue a prosecution termination warrant to clear the charges against the 26 suspects.

The protesters were charged under Article 216 of the Criminal Code (KUHP) for allegedly disobeying police orders during the rally.

Mutiara Ika Pratiwi of Perempuan Mahardhika said that human rights campaigners had strong evidence, such as video footage showing police brutality against protesters and the two lawyers during the rally, to defend the advocates' innocence in the case.

"There are no legal grounds that could justify any kind of prosecution of a peaceful rally," Mutiara said, adding that Obed and Tigor were protected by law No. 18/2003 on advocates, but ironically the police charged them under the KUHP.

Source: http://www.thejakartapost.com/news/2016/03/14/court-set-start-trial-wage-protestors.html

Ministry, unions disagree over redundancy figures

Jakarta Post - March 12, 2016

Jakarta – The Manpower Ministry says it received only 1,347 working contract termination files in the first two months of 2016, a 10th of the number of workers labor unions claimed were laid off in the same period.

Manpower Minister Muhammad Hanif Dhakiri nonetheless urged companies to retain from making workers redundant; if doing so was unavoidable, he said, dialogue should be promoted to ensure harmony.

"Even if companies are struggling against stiff competition, redundancies should still be their last option," Hanif said in a meeting with House of Representatives Commission IX overseeing labor affairs in Jakarta on Thursday.

As previously reported, a number of Japanese and South Korean factories have announced plans to cut jobs in Indonesia; the Confederation of Indonesian Workers Unions (KSPI) claimed 12,680 workers nationally would be affected.

"Redundancies should be a fair agreement between companies and workers. The workers must be paid compensation in accordance with all stipulations and agreements," the minister stated.

Vice President Jusuf Kalla has pledged to boost economic growth to minimize redundancies in 2016. "We will try to keep the economy running to reduce the magnitude of layoffs," Kalla said recently, as quoted by Antara. (vps/ags)

Source: http://www.thejakartapost.com/news/2016/03/12/ministry-unions-disagree-over-redundancy-figures.html

Few workers ready for competition

Jakarta Post - March 10, 2016

Farida Susanty, Jakarta – Only 10 percent of construction experts in the country are certified, raising concerns over the capacity of domestic human resources to compete with workers from other Southeast Asian countries amid the implementation of the ASEAN Economic Community (AEC).

Among skilled laborers, certification levels reach around 30-40 percent of the total number, according to data from the National Construction Service and Development Board (LPJKN).

"More than Rp 100 trillion was allocated to the sector this year, and Rp 5.5 quadrillion over the next five years. We're ready for the AEC, but we have to increase the proportion of certified workers," said Insannul Kamil, a top official with the West Sumatra Construction Service and Development Board, on Tuesday.

He was referring to the budget of the Public Works and Public Housing Ministry, one of President Joko "Jokowi" Widodo's strategic bodies, which was recorded at Rp 104 trillion (US$7.88 billion) this year. The ministry is expected to receive Rp 5.5 quadrillion over the next five years.

Insannul said the board aimed to increase certified skilled construction labor to 60 percent in order to compete with the country's ASEAN neighbors.

The move chimes with the ministry's directorate general of construction's target to add 750,000 new certified laborers by 2019. The ministry also launched a mobile training unit (MTU) to be deployed in South Sumatra on Tuesday, in order to boost training and certification for construction laborers.

Insannul meanwhile criticized the plan to revise the 1999 law on construction and overhaul the process of certification of construction workers. The bill, which is slated for deliberation in May, will give construction associations the authority to issue certification for members through a new agency – the Construction Service Registration and Certification Body (BRSJK) – to be set up later.

"The government will decide who certifies the workers, whether to set up a new body or to maximize the role of the current construction association," he said. The bill will also address other issues such as the organization of the construction industry, payment of workers and the criminalization of failing construction.

Previously, legislator Muhidin Mohamad Said said that once the bill was passed into law, it would also empower construction associations to certify their members, with accreditation given by the certification body.

Muhidin said there would be requirements for an association before it was authorized to certify, including having a certain number of branches across the country.

Meanwhile, LPJKN official Darma Tyanto Saptodewo said several issues in the bill should be harmonized with existing laws on certification, such as the Standardization and Appropriateness Evaluation Law. The bill, Darma added, needed to create a system that removed any chance for associations to sell certification to certain groups.

Source: http://www.thejakartapost.com/news/2016/03/10/few-workers-ready-competition.html

Freedom of speech & expression

Jakarta military gets wind of 'New Style Communists' behind Buru Island film showing

Pos Kota - March 16, 2016

Jakarta – Signs of the rise or reemergence of communism in Indonesia termed New Style Communism (Komunisme Gaya Baru, KGB) is apparent in a variety of different forms.

The differences are found in their colour and quality. If in the past the most dominant approach used by communists was through violence and or killings, now however it is by a strategic approach through soft power.

Communism is active in all pillars of life including the legislative and executive and has crept into the midst of Indonesian society. KGB is also active in the political parties that tend to support the existence of communism.

In confronting such a situation, the Jakarta military command (Kodam Jaya) through its intelligence officers and regional commands is continuing to monitor all threats by this KGB, even though the methods they are currently using are concealed and masked as social activities. This method has resulted in society being lulled into a false sense of security and the view has spread that communist ideas are not dangerous.

The Jakarta military command is also endeavoring to provide socialisation, both internally as well as in social circles through Bintara Pembina Desa [Babinsa, village based non-commissioned officers], that the state ideology of Pancasila cannot be altered. All communities in Indonesia must continue to be united under Pancasila ideology which represents the identity of the Indonesian nation.

"Recently intelligence agents have gotten wind of signs of the reemergence of actions by New Style Communist groups through the planned activity of a film showing of the film Buru Island My Home Land", said the Jakarta Military Command Intelligence Detachment Commander (Dan Den Intel).

According to information obtained by officers on the ground, the film showing of Buru Island My Home Land will be held on Wednesday March 17 at the Guest House Jalan Sam Ratulangi No. 9-5 in Menteng Central Jakarta at 5-8.30pm.

It is believed that the film will distort [historical] facts by relating how the state acted in a callous and inhuman manner in banishing citizens to Buru Island, with the aim of gaining sympathy from the common people, particularly the younger generation that do not yet have an understanding of or have directly heard stories about the brutality of the Indonesian Communist Party (PKI) in 1965.

"We are trying to ensure that this event isn't held, because if it is it will provoke a reaction from Ormas [mass organisations] that oppose communism in Indonesia, which will end in a clash and harm many parties", said the intelligence detachment commander.

Jakarta military command intelligence officers can be likened to eyes and ears that are on the lookout at all times to supervise all situational changes in an area and will always be on guard against all activities carried out by the KGB.

It also needs to be remembered that communists in Indonesia represent a latent threat that has never died out, but has simply changed its form and will continue to develop though new styles. Society very much needs to play a role in supporting the TNI (Indonesian military) in safeguarding the country's sovereignty and the integrity of the NKRI (Unitary State of the Republic of Indonesia) from the dangers of latent communism.

Because of this therefore, we as citizens of the state must assist one another in stemming the development of communist ideas in Indonesia. Remember, "THE COMMUNISTS ARE EVERYWHERE!!!".

Notes

Buru Island My Home Land (Pulau Buru Tanah Air Beta) by renowned Dili-based film maker Rahung Nasution is about the journey of two ex-political prisoners accused of being affiliated with Indonesian Communist Party and interned on the notorious prison island Buru Island, who return to meet with other former political prisoners who still live there. The film tries to show the contribution of political prisoners who underwent forced labor there, turning the island into the main source of rice for East Indonesia.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was "Intelijen Kodam Jaya Endus Muncul Komunis Gaya Baru".]

Source: http://poskotanews.com/2016/03/16/intelijen-kodam-jaya-endus-muncul-komunis-gaya-baru/

Government proposes lighter penalty for defamation in ITE Law revision

Jakarta Post - March 15, 2016

Nurul Fitri Ramadhani, Jakarta – The government has tried to meet public demand by proposing the amendment of several draconian articles in the 2008 Electronic Information and Transactions (ITE) Law.

In a hearing with House of Representatives Commission I overseeing communication, technology, defense and foreign affairs on Monday, Communications and Information Minister Rudiantara outlined several key changes in the revision, including a controversial article on defamation.

The article regulates criminal punishment for anyone who purposely and without authority distributes or transmits electronic information or documents with libellous or defamatory content, making them accessible to the public.

A further article states that violations of the regulation are punishable with up to six years' imprisonment and a fine of up to Rp 1 billion (US$76,660). The ministry thus aimed to specify the definition of defamation and reduce the detention period to four years and the fine to Rp 700 million.

"Under the revised point, the authorities can't arbitrarily arrest and detain people they suspect of defamation. So, netizens don't need to worry anymore about expressing criticism," Rudiantara said.

Activists have criticized the article as it is seen as criminalizing anyone who deliberately distributes and/or transmits and/or makes accessible electronic information or documents that contain slanderous and defamatory language.

Since the implementation of the ITE Law in 2008, a number of people have been jailed for their online activities. Housewife Prita Mulyasari was sued for defamation by Omni International Hospital in 2009 after she complained about the hospital's services on an online mailing list.

In 2010, a former doctor at Tangerang General Hospital, Ira Simatupang, was sentenced to five months in jail for libel by the Tangerang District Court. She had tried to report sexual abuse allegedly perpetrated by one of her colleagues, but lacked evidence.

She wrote emails regarding the abuse to her colleagues and superiors at the hospital. The doctor who she had accused of sexual abuse reported her for defamation. Ira was then dismissed from her job.

The ministry also wants to make defamation a crime based on victim reports, meaning law enforcers could only process a case if there were reports from victims. The change is expected to prevent abuses of power by law enforcers.

Commission I member Tantowi Yahya of the Golkar Party said several lawmakers disagreed with the proposed sentence reduction. "Some even recommended increasing the sentence to more than six years. That's why we have yet to deliberate the law, because we first have to reach an agreement about the sentence period," Tantowi said.

Asked about the revision, House Commission deputy chairman I TB Hasanuddin said, "in principal, the law should not undermine freedom of speech but people should realize that they need to express their thoughts properly." (wnd)

Source: http://www.thejakartapost.com/news/2016/03/15/government-proposes-lighter-penalty-defamation-ite-law-revision.html

Political parties & elections

Democrats prepare former first lady Ani Yudhoyono to run for president

Jakarta Post - March 15, 2016

Jakarta – The Democratic Party has started to prepare its ultimate member and founder, former first lady Kristiani Herrawati, popularly known as Ani Yudhoyono, to run in the 2019 presidential election.

Ani's picture announcing her as the "Democratic Party Presidential Candidate 2019" had recently spread through social media, raising questions about the possibility she would run in the election supported by the party she helped found with her husband, former president Susilo Bambang Yudhoyono (SBY).

The picture shows her in a blue dress in front of the national flag, smiling and waving her hand, with the words "Ani Yudhoyono, 2019 Democratic Party presidential candidate" beside her. There is also a slogan, "Lanjutkan! (continue), which Yudhoyono made famous during his campaign for his second term in the 2009 presidential election, and a hashtag #AniYudhoyono2019 in the picture.

Democratic party spokesman lawmaker Ruhut Sitompul confirmed that that the picture was made by the party's team.

There had been input from the public for the former president to run again in the election during the party's Java tour lead by Yudhoyono. However, Yudhoyono who had lead Indonesia for 10 years, realized that the law did not allow him to run for the third time, Ruhut said.

"Our people are very smart. They said, 'If Bapak [Yudhoyono] cannot run again, why not Ibu Ani?" That is based on the people's request," Ruhut said on Tuesday as quoted by kompas.com.

Ani's name was included as a 2014 presidential candidate, but Yudhoyono announced that his wife would not run in the election.

Ani had also expressed her reluctance in her own biography. Ani wrote that a student visiting the State Palace once asked her if she would run in the election to replace Yudhoyono, just like US' Democratic Party Hillary Clinton who is following in her husband Bill Clinton's footsteps.

"I was shocked hearing that question. It was beyond my imagination. For me, being at SBY's side until he completed his duty was my goal and I am happy if I can reach it. If SBY is no longer president, then my most honorable position is being his wife, not being a president," she wrote as quoted by kompas.com.

Source: http://www.thejakartapost.com/news/2016/03/15/democrats-prepare-former-first-lady-ani-yudhoyono-run-president.html

Migrant workers lack access to vote: Rights body

Jakarta Post - March 14, 2016

Jakarta – The National Commission on Human Rights (Komnas HAM) has called on lawmakers to find a solution to migrant workers who were disenfranchised in the Dec. 9, 2015 regional elections.

"Many people lost their right to vote because they were working away from home. They couldn't return home as they had no money and the local general elections commissions immediately erased their data," said Komnas HAM commissioner Dianto Bachriadi at a discussion at the Komnas-HAM office on Monday.

Simultaneous regional elections were held for the first time in 269 regions – nine provinces, 36 cities and 224 regencies – to elect governors, mayors and regents and their respective deputies. One hundred million people voted in the elections. The next round of regional elections will be in 2017.

The lack of accessibility not only affect those working abroad but also people working in places in the country far from their hometowns.

The commission has called on lawmakers to avoid a repeat of the condition by revising the Regional Elections Law while considering the human rights perspective. "On a human rights perspective, the implementation of the elections must meet several principles: free, fair, periodically implemented and genuine."

Meanwhile, National General Elections Commission (KPU) chairman Husni Kamil Manik said he had little to offer as a solution. "If someone wanted to vote, they could have returned home and just shown their ID," he said, adding that the commission had no capacity to facilitate migrant workers wanting to exercise their right to vote. (vps/bbn)

Source: http://www.thejakartapost.com/news/2016/03/14/migrant-workers-lack-access-vote-rights-body.html

PDI-P says no to independent candidacies

Jakarta Post - March 11, 2016

Nurul Fitri Ramadhani, Jakarta – The tug of war for influence in Indonesian politics has heated up with the Indonesian Democratic Party of Struggle (PDI-P) expressing discontent with the latest development in the legislative election mechanism.

The 2014 general election victor and the largest party in the country's national legislative council – the House of Representatives – is sending a strong message regarding the importance of the role played by political parties in realizing society's political aspirations.

In contrast to the election law that recognizes independent candidates' participation in regional elections, the PDI-P has declared it will not support allowing independent candidates to run in the 2017 regional elections, arguing that they are one way of threatening the existence of political parties.

The party is of the opinion that independent candidacies deconstruct, in a way, the existing political system that has been established for many years, and tend to make political parties unimportant.

The PDI-P stance follows the decision of Jakarta Governor Basuki "Ahok" Tjahaja Purnama to run as an independent candidate for the capital city's 2017 gubernatorial election.

Ahok will also not pair up with his current deputy, PDI-P member Djarot Saiful Hidayat, in the gubernatorial contest. Instead, he will team up with Jakarta Financial and Asset Management Board (BPKAD) head Heru Budi Hartono.

"The PDI-P doesn't want to let the entire system we have established get ruined by one person who wants to be a governor," PDI-P lawmaker Andreas Pereira said during a discussion at the Senayan legislative complex on Thursday.

Ahok currently has no political party affiliation, after quitting from Gerindra that endorsed him in the 2012 Jakarta Gubernatorial Election. NasDem, meanwhile, has expressed its support for Ahok's candidacy without requiring that he join the party.

Andreas then reflected back a few years when the PDI-P backed the presidential campaign of President Joko "Jokowi" Widodo, then Jakarta governor and made Ahok take over the position left by him. Jokowi was of course later elected president in 2014.

Golkar Party lawmaker Rambe Kamarulzaman said the election law needed revising in order to make it certain that independent candidacy would not ruin the political party mechanism.

"It's not about supporting or backing. Political parties have their own recruitment mechanism for candidates. We are the mediators for the people's sovereignty," Rambe said.

House Speaker Ade Komarudin, a Golkar politician, however, said that running for office was completely within independent candidates' rights.

"Why should they worry about the weakening of political parties? Ahok surely knows that political parties are the pillar [that supports] this country, so he won't ignore them. In the end, if elected, he will work together with parties in the Provincial Legislative Council (DPRD)," Ade said.

According to Indonesian Institute of Sciences (LIPI) political observer Siti Zuhro, calling independent candidacies a way of weakening political parties is an excessive response. Rather, she said, it represented a delegitimation of parties.

"It's the political parties that should reform their performances and improve their quality, bringing back the public's trust. Nowadays, there is a mistrust from the public as parties lack seriousness in carrying out their legislative duties," Siti said.

Constitutional law expert Yusril Ihza Mahendra said the Constitutional Court, indeed, had opened the door for independent candidates to run in regional elections and occupy regional executive positions. However, he continued, that did not diminish the power of political parties.

Source: http://www.thejakartapost.com/news/2016/03/11/pdi-p-says-no-independent-candidacies.html

Environment & natural disasters

Local governments lack funds for peatland restoration

Jakarta Post - March 14, 2016

Anton Hermansyah, Jakarta – The central government has instructed local governments to intensify their peatland restoration programs, but has not allocated funds from the state budget, leaving them seriously short of funds for the program. The government established the Peatland Restoration Agency (BRG) in January.

Jambi Governor Zumi Zola said on Monday his administration had used funds from the provincial budget and contributions to implement the program, but the money was not enough.

"We asked members of the House of Representative when some of them observed [conditions] in Jambi whether we could use the village funds (dana desa) to finance the program, but they have been unable to give an answer," Zumi told thejakartapost.com on Monday.

Forest fires can currently be found in Riau and Jambi provinces despite it being the rainy season.

As part of efforts to restore peatland, the local governments are rushing to construct canal dams before the dry season arrives. Canals are built to dry out peatland before planting. As dry peatland easily burns, canal blocking is used to keep the peat wet and prevent it catching fire.

"Riau constructed 4,700 canals, 4,164 of which were developed by private companies, 385 by the police and others by individuals and local governments," Riau Governor Annas Maamun said.

The central government aims to build 67,000 canal dams within two months as the rainy season will end in June or July. It will focus on 2 million hectares in four regencies: Pulang Pisau regency in Central Kalimantan, Ogan Komering Ilir in South Sumatra, Musi Banyuasin in South Sumatra and Meranti in Riau.

"The cost of restoration is not cheap. There are two estimations – the World Bank said it would require US$500 per hectare and CIFOR said $3,000 per hectare to restore the peatland over five years, while the government estimates it will take something between that," BRG chairman Nazir Foead told thejakartapost.com.

The canal dams and embung (ponds of stagnant water) need to be constructed for water stocks. When peatland is on fire, water can be obtained quickly. (bbn)

Source: http://www.thejakartapost.com/news/2016/03/14/local-governments-lack-funds-peatland-restoration.html

Weary of haze crisis, civil group files lawsuit against government

Jakarta Post - March 11, 2016

Rizal Harahap, Pekanbaru – A group of citizens in Riau have filed a lawsuit against the central government with the Pekanbaru District Court, demanding serious action be taken against the forest and land fires that result in annual haze crises.

The group consists of the Indonesian Forum for the Environment's (Walhi) Riau chapter, the Malay Community Forum, Siku Keluang Cultural House and the Working Network of Riau Forests.

They accuse the President, the environment and forestry minister, the agriculture minister, the health minister, the head of the National Land Agency and the Riau governor of failing to protect citizens' rights.

"Forest fires have been going on for 18 years. For too long, the people of Riau have been forced to breathe in polluted air because of haze from forest fires," Walhi Riau chairman Riko Kurniawan said on Thursday.

"The country is failing to protect its citizens. We demand the country immediately solve this issue."

In its lawsuit, the group demands better management of natural resources, especially in the forestry and plantation sectors, which are widely blamed for many of the fires.

It also called on the government to revise all policies related to peatland management in order to make forest fire prevention efforts more effective.

"We're not asking the government to pay compensation – we just want it to improve its management and its policies to stop forest fires happening again in the future," Riko explained.

The submission of the lawsuit was turned into something of an event, with cultural performances and a long march by residents playing traditional Malay instruments.

The group's legal representative, Indra Jaya, said he hoped the judge appointed to try the case would have a background in environmental issues.

The Riau provincial administration has declared a state of emergency over forest and land fires, which every year send choking smog across swathes of the country and into neighboring nations, pushing average daily greenhouse gas emissions above those of the US.

The fires are often set by plantation companies and smallholders to clear land, and were particularly bad in 2015 because of a prolonged dry season caused by the El Nino weather pattern.

Earlier this week, Bukit Barisan military commander Maj. Gen. Lodewyk Pusung deployed military personnel to areas where hot spots had been detected.

"We must prevent new hot spots from spreading, so we're deploying personnel to monitor locations prone to fires. We don't care if the land belongs to local people or to corporations," he said.

Lodewyk said that his team was equipped with sharp bullets and had been given permission to take tough action during patrolling.

"If we find anyone burning the land, we will shoot him or her in the legs so they can't escape," he said, expressing disappointment that slash-and-burn practices were still rampant in Riau.

Since early February, a total of 300 hectares of peatland on the eastern coast of Riau have been burned, and hot spots have also been detected in conservation areas in Bengkalis and Siak regencies.

Natural Resources Conservation Agency (BKSDA) division II head Supartono said that around 70 hectare of land within wildlife and biosphere reserves had been burned.

"People are still clearing land within conservation territory. The BKSDA, together with forest police officers, will continue to track them down to forestall the emergence of new hot spots," he said.

Source: http://www.thejakartapost.com/news/2016/03/11/weary-haze-crisis-civil-group-files-lawsuit-against-government.html

Health & education

Indonesia second least literate of 61 nations

Jakarta Post - March 12, 2016

Arif Gunawan S., Jakarta – Indonesia is the second-least literate nation in the world in a list of 61 measurable countries, besting only Botswana, according to new research that ranks the five Nordic states (Finland, Norway, Iceland, Denmark and Sweden) as the top five.

The study conducted by Central Connecticut State University in New Britain, Conn., US, looked at literacy and literate behavior characteristics in 200 countries, but only 61 countries made the list because the rest lacked relevant statistics.

Most developed nations dominated the charts such as Switzerland in sixth place, the US in seventh, Canada in 11th, France in 12th and the UK in 17th. Indonesia was in 60th place, after Thailand in 59th place.

"As knowledge increasingly becomes a product as well as tool, the economic welfare of any nation will be ultimately and inextricably tied to the literacy of its citizens," said the president of Central Connecticut State University, John Miller, in the preface to the study.

The rankings suggested that literate behaviors are critical to the success of individuals and nations in the knowledge-based economics that define the global future. "Societies that do not practice literate behavior are often squalid, undernourished in mind and body, repressive of human rights and dignity, brutal and harsh," Miller said.

However, the report stated that Singapore would have come out on top, followed by Finland, South Korea, Japan and China, if it had only ranked nations on their reading assessment results.

Changing the defining variable would lead to varied results, according to the study, putting other countries on top, such as Brazil by educational investment, Estonia by the numbers of books in libraries and the Netherlands by households with computers. By newspapers, Finland again comes out on top.

"When factors other than test scores are included, there is not a single Pacific Rim country among the top 25," said the report. (ags)

Source: http://www.thejakartapost.com/news/2016/03/12/indonesia-second-least-literate-61-nations.html

Alcohol ban may increase illegal alcohol consumption, study says

Jakarta Post - March 11, 2016

Arientha Primanita, Jakarta – A controversial bill on alcohol prohibition poses a serious threat to public health and safety as it will lead to rising consumption of illegal alcohol, like the oplosan (bootleg liquor) that recently killed the people who drank it, according to a study revealed on Friday.

The alcohol prohibition initiative did not reflect care in the creation of public policy, according to the study entitled "Health and Social Cost of Alcohol Prohibition: The Potential Risk of Rising Counterfeit Alcohol", which had been conducted by a non-profit think tank called the Center for Indonesian Policy Studies (CIPS).

The rise of bootleg alcohol, which caused hundreds of deaths and injuries across the country, should be highlighted as an impact of alcohol trade barriers, excessive taxes and several local prohibitions, said CIPS researcher Rofi Uddarojat.

The World Health Organization estimated that illegal alcohol consumption in Indonesia is five times greater than legal alcohol consumption. The House of Representatives (DPR) had included an alcohol prohibition bill among 40 bills for the 2016 National Legislation Program (prolegnas), their top priorities for endorsement this year.

"If the DPR passes the bill on alcohol prohibition, producers and consumers will be forced to go underground. A ban will also strengthen organized crime syndicates producing deadly counterfeit alcohol," Rofi said in a press statement to thejakartapost.com on Friday.

Therefore, the CIPS strongly urged the DPR to reject the bill as it was feared approval could result in dangerous risks and threats to public health and a rise in criminal activity.

Those mostly at risk of death and injury from alcohol poisoning are low-income consumers who cannot afford legal alcoholic drinks. At least 215 people had died and 144 injured by drinking oplosan from 2013 to March 2016, data compiled by the CIPS said.

In a recent case, four people died in Cirebon, West Java on Wednesday after consuming oplosan. The four people were among 14 people who drank a concoction of local wine mixed with gasoline and diesel fuel. Moreover, 26 people also died from drinking oplosan in Yogyakarta in February.

That showed cases like this would probably happen if alcohol sales and consumption were banned, according to the study.

Jakarta Police recorded a 58 percent increase on the amount of confiscated illegal alcohol between 2014 to 2015, according to the data gathered in the study. The increase coincided during the ban of beer sales in small retail shops and a 150 percent rise of import taxes on alcoholic beverages implemented last year.

The study suggested government should concentrate instead on shifting people from drinking dangerous alcohol to safer legal alcohol products by having regulated alcohol more accessible at cheaper prices and more available in shops, Rofi said.

An alcohol ban should not have been a government priority as alcohol consumption in Indonesia is low compared to that in other countries, such as Vietnam or Malaysia, the CIPS said. Indonesians consumed 0.1 liters of legal alcohol per capita, lower than the illegal alcohol consumption of 0.5 liters per capita. (rin)

Source: http://www.thejakartapost.com/news/2016/03/11/alcohol-ban-may-increase-illegal-alcohol-consumption-study-says.html

Expert calls for tripling of tobacco tax

Jakarta Post - March 11, 2016

Jakarta – University of Indonesia (UI) public health expert Hasbullah Thabrany threw down the gauntlet to the government on Thursday, demanding that it amend existing tobacco excise provisions in a bid to downscale the prevalence of smoking in the country as well as increase the revenues raised from the industry.

Tobacco excise is regulated under the 2007 Excise Tax Law, which is an amendment of the original 1995 version. The current provision allows excises on tobacco products to be as high as 275 percent of their factory prices or 57 percent of their retail prices. Hasbullah criticized the regulation for "not doing enough to dissuade Indonesian people from consuming cigarettes on a daily basis".

"The government must boost the minimum excise on tobacco products to 200 percent of their retail prices," Hasbullah said, adding that he had based his demand on the Nawacita – a Sanskrit term for "nine programs" – authored by President Joko "Jokowi" Widodo and Vice President Jusuf Kalla.

The World Health Organization (WHO) recommends a minimum excise on tobacco products of 70 percent of their retail prices, the head of the UI center for health economics and policy studies (CHEPS) noted.

"Higher excise taxes would place a higher price on a pack of cigarettes than they have now. It would prevent people from consuming cigarettes due to their stifling price," Hasbullah explained.

Indonesia is home to 72 million smokers aged over 15, according to WHO. Furthermore, the number of smoking-related deaths is skyrocketing. "In the eighties, smoking accounted for 10 percent of deaths caused by cardiovascular disease and lung cancer. That number multiplied to 65 percent in 2013," Hasbullah said.

On the other hand, he said, the boost in tobacco excise would be unlikely to curb the habits of heavy smokers, since "heavy smokers will always light a cigarette, even if the price is stifling".

According to the 2015 national social economy survey (Susenas) conducted by the Central Statistic Agency (BPS), kretek (clove) cigarettes were the second-highest selling item to the poor after rice. Kretek cigarette consumption among the poor stood at 8.1 percent in urban areas and 7.68 percent in rural areas.

CHEPS proposed that the government earmark money raised from an increased excise to be put toward several programs, including empowerment training for tobacco farmers, the national health insurance program, sport and art activities and medical research.

Meanwhile, the Finance Ministry's customs and excise policy head Nasruddin Djoko Surjono said the government had already been directing revenue from tobacco excise to the revenue sharing fund (DBH) since 2007.

"The central government gets 98 percent of the revenue, while the 2 percent is given to provincial administrations, especially those that have tobacco farming in their area," Nasruddin said on Thursday.

Source: http://www.thejakartapost.com/news/2016/03/11/expert-calls-tripling-tobacco-tax.html

Dozens killed after consuming illegal alcohol already this year, study finds

Jakarta Globe - March 11, 2016

Jakarta – Counterfeit alcohol and moonshine has killed dozens of Indonesians already this year showing a failure in public health response, a study from the Center for Indonesian Policy Studies has found.

CIPS researcher Rofi Uddarojat said in a statement on Friday (11/03) the consumption of moonshine alcohol, known locally as oplosan, has caused scores of deaths across the country already this year.

The highest death count so far this year was recorded on Feb. 8 in a number of incidents in Yogyakarta, where at least 26 people died after consuming the alcohol. Most recently, four men were killed and a dozen hospitalized last Wednesday after consuming alcohol in Cirebon, West Java.

Rofi predicted further fatalities and incidents if the sales of legitimate alcohol and consumption is banned, adding that Jakarta Police recorded a 58 percent spike in the amount of illegal alcohol confiscated in 2014 to 2015.

The spike coincided with the ban of alcohol sales in small shops and mini-markets as well as the implementation of 150 percent increase in import tax for alcoholic beverages, he said.

The CIPS study found the banning of alcohol as a priority is out of step with Indonesia's consumption rates when compared with other countries. Indonesians consume only 0.1 liters of legal alcohol per capita each year, but consumption of illegal alcohol stands at 0.5 liters per capita, the study said.

Currently, those most at risk of death or illness from alcohol poisoning are consumers from low-income households who cannot afford regulated alcohol drinks because of excessive taxes and unavailability in local shops.

Traditional mixes of homemade alcohol or 100 percent proof methanol with water and energy supplements are common throughout the country.

"If the House of Representatives passes the Bill on Alcohol Prohibition, producers and consumers will be forced to go underground. A ban will also strengthen organized crime syndicates producing deadly counterfeit alcohol," Rofi said in a statement.

CIPS has called on lawmakers to reject the draft bill – which has been included in this year's priority legislation program – saying there is no sufficient research or data to support approval.

The government should instead focus on shifting dangerous alcohol consumption safer legal alcohol products by easing access to regulated alcohol, Rofi said.

Source: http://jakartaglobe.beritasatu.com/news/dozens-killed-consuming-illegal-alcohol-already-year-study-finds/

Gender & sexual orientation

Poor knowledge leads to prolonged discrimination against LGBT people

Jakarta Post - March 14, 2016

Jakarta – Mounting public debate over lesbian, gay, bisexual and transgender (LGBT) protections, some of which is based on unclear arguments, has highlighted Indonesian people's poor understanding of the life situations of LGBT people in the country.

"LGBT people must be banned just like we banned communism and drug trafficking," Hanura Party secretary-general Berliana Kartakusumah said in a discussion at the House of Representatives on March 4.

Previously, Berliana had reportedly made several offensive statements against the LGBT community. In one of his statements, the lawmaker said: "LGBT is an infectious and dangerous disease." He also said: "LGBT endangers the preservation of human life."

Berliana's call for the banning of LGBT people has drawn criticism as some people consider LGBT issues to be all about gender identity and sexual orientation. Therefore, they say, the LGBT movement is incomparable to both communism, which is an economic system, and drug trafficking, which is a criminal act as stipulated by law.

Those three things, namely LGBT issues, communism and drug trafficking, have different contexts in the society, they say. Besides, no law restricts LGBT activities in Indonesia; hence, the state is obliged to protect their human rights as citizens of the country.

The American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders removed homosexuality as a mental illness in 1973. The World Health Organization also removed it from its list of psychiatric disorders in May 1990.

Unfortunately, referring to the 2014 Mental Health Law, the Indonesian Psychiatrists Association (PDSKJI) has recently categorized homosexuals and bisexuals as "people with psychiatric problems", while transgender are people with "mental disorders".

Berliana's statement that LGBT orientations endanger the preservation of human life is considered to have a weak argument as well. An article entitled "The Causes of Extinction" written by a biologist and geneticist John Maynard Smith in 1989 explains that a species may go extinct either because it is unable to evolve rapidly enough to meet changing circumstances, or because its niche disappears and it has no capacity for the rapid evolution that could have saved it.

Reny Kistiyanti, executive director of Talita Kum, a study institute for lesbians, bisexuals and transgenders in Surakarta, said on Friday less information about LGBT issues might have resulted from a lack of education about LGBT people in society. Such a poor understanding on LGBT issues was related to the patriarchal and heteronormative cultures that were still deep-rooted in the country, she added.

"Hence, feminine men or vice versa are perceived as if they have violated the norms – either men's norm because they appear not masculine enough or women's norm because they shouldn't be masculine," Reny said. She added that such ways of thinking had created homophobias in society and these had justified violence against LGBT people.

As reported in media, in 2014 the Indonesian Ulema Council (MUI) issued an edict that declared LGBT people haram (forbidden by Islamic law). Recently, media also reported threats against LGBT communities, such as those directed at an Islamic boarding school for transgender students in Yogyakarta, which was shut down last month amid pressure from locals and hard-line groups.

"This violence is the result of homophobia and trans-phobia, because LGBT people are perceived as deviant and guilty or suffering illnesses," Reny said. "It's too much if personal preferences are perceived as a threat to national security."

Setara Institute researcher Ismail Hasani said on Friday phobias against LGBT people could be symptoms of the rise of conservatism in Indonesia. Currently, people could judge easily about everything perceived different with the country's mainstream cultures.

"It seems that the discrimination against LGBT people is institutionalized through the government's policies and laws," Ismail said. "Conservatism and fundamentalism will always rise in a susceptible society, in which this could happen because of the lack of citizenship education."

Ismail added that it would be more dangerous if lawmakers were promoting their phobias through hate speeches and the public was quietly condoning it. He said judgments by a public figure could be a sociological theorem underlying people's inclinations to condemn LGBT people.

Rio Damar, the founder of Melela.org, a website for coming-out stories, shared similar views. "Most people who cast judgment must have little knowledge of what LGBT issues really are. Human judgment tends to be incomplete and flawed and, therefore, we should approach it with humility," said Rio on Saturday.

"We have always been very easy to draw a conclusion prematurely, although more information about a person we think about might help us enrich our understanding of that person. Such a tendency may also lead us astray, since we often lack of the whole story," he added.

Recently, the National Commission on Human Rights (Komnas HAM) called on the government to ensure the fulfillment of the fundamental rights of all Indonesian citizens, including LGBT people. The commission said the state must use a humanistic approach in handling LGBT issues.

"The state has an obligation to protect LGBT people from phobias that lead to violence," Komnas HAM member Imdadun Rahmat said on March 4. "Do not let them be discriminated against and be prevented from obtaining their rights to decent work, health services or freedom of expression. The state has to be there for them." (vps/ebf)(+)

Source: http://www.thejakartapost.com/news/2016/03/14/poor-knowledge-leads-prolonged-discrimination-against-lgbt-people.html

Muhammadiyah takes soft approach on LGBT

Jakarta Post - March 11, 2016

Jakarta – The country's second-largest Muslim organization, Muhammadiyah, said on Thursday it would not issue any edict condemning members of the lesbian, gay, bisexual and transgender (LGBT) community as was done earlier by the Indonesian Ulema Council (MUI) and the country's largest Muslim organization, Nahdlatul Ulama (NU).

Muhammadiyah's secretary-general, Abdul Mukti, said Muhammadiyah considered LGBT expression immoral, but that publicly condemning people affiliated with those identities and orientations would not help them return to normalcy.

"Muhammadiyah only recognizes relationships between men and women united in marriage who are not related by blood," Mukti told The Jakarta Post.

He said approaches using edicts or verbal theological condemnation in public would not be effective in dealing with the LGBT issue.

"That's why we think dialogue is an alternative solution – to avoid unproductive arguments in public," Mukti said, adding that Muhammadiyah would provide counseling for LGBT people who wanted to seek "help".

He said people who had chosen LGBT as their sexual lifestyle tended to use the examples of people in their neighborhood such as close friends or public figures and idols to justify their decisions.

In addition to the MUI and NU campaigns, a joint interfaith forum comprising NGOs representing Islam, Catholicism, Buddhism and Confucianism also stepped up campaign in late February to condemn LGBT people and any campaigns related to them.

Both MUI and NU have demanded the prosecution of LGBT people and campaigners, but the interfaith forum claimed that that proposal was unnecessary because LGBT people should be embraced with affection to enable guiding them back to normalcy.

Source: http://www.thejakartapost.com/news/2016/03/11/national-scene-muhammadiyah-takes-soft-approach-lgbt.html

Transgender Islamic School continues operating despite ban

Jakarta Post - March 10, 2016

Bambang Muryanto, Yogyakarta – Al Fatah Pesantren Waria, an Islamic boarding school for transgendered people, has decided to continue its operations at another place following the forced closure of the school's religious education facility last week.

The school's director, Shinta Ratri, said that since the closure, they had moved the education facilities to her house, where 45 students took part in religious classes every Sunday from 5 p.m. to 9 p.m. "We can't accept the closure, and we will keep helping the students so they can keep learning," she said.

Shinta said that the school's management had decided during a meeting that they would also find a new place where they could conduct their religious education activities without the fear of intimidation. "Based on our internal decision, we're going to find a new place but we haven't found the right one yet," she said.

A meeting involving local administration officials, residents, the school's director and members of the hard-line Islamist group Islamic Jihad Front (FJI) Yogyakarta, decided to shut the school down and ban the school from organizing religious activities.

The decision was made because the school did not have a license to operate and locals had complained about late-night karaoke and parking problems. It was also claimed that alcoholic drinks had been found at the school. The school was built in 2008.

The school's advisory board member Abdul Muhaimin said that despite the ban, the school would continue its operations as he believed that all the activities conducted there were positive ones.

"Transgendered people have the same right as anyone else to engage with religion, and that should be guaranteed by the country. There are many abandoned buildings that belong to the Yogyakarta administration. These could be used for the school," he said.

A cleric who has been teaching at the school, Arif Nuh Safri, also ensured those concerned that while he was teaching there, no activities were found to have strayed from Islamic values. "YS, for example, is a transgendered woman, but she has finished Iqra Arabic reading lessons," he said.

Aditya Arief Firmanto of the Yogyakarta Legal Aid Foundation said the decision to close down the school constituted a human rights violation. "We will also report this to the National Commission on Human Rights and the National Commission on Violence Against Women in Jakarta," he said.

Source: http://www.thejakartapost.com/news/2016/03/10/transgender-islamic-school-continues-operating-despite-ban.html

Indonesia appeals to Australia to accept more refugees

Sydney Morning Herald - March 14, 2016

Jewel Topsfield, Jakarta – Indonesia has appealed to Australia to accept more refugees stranded in Indonesia ahead of a regional forum to combat people smuggling in Bali next week.

Indonesia's director-general of immigration, Ronny Sompie, told The Jakarta Post that Indonesia's 13 immigration detention centres were overcrowded as the number of "illegal migrants" had increased more than fivefold over the past seven years.

The United Nations' refugee agency, the UNHCR, also called on Australia to lift its ban on accepting refugees who arrived in Indonesia after June 2014, saying the global refugee crisis was making it increasingly difficult to find resettlement countries.

"We hope Australia will consider increasing its take of the refugees, although we know they will apply a very selective process before accepting them," Mr Ronny said in a story published on the front page of the Post.

He said he would extend the appeal to Australia at the upcoming Bali Process, which will be attended by Foreign Minister Julie Bishop and Immigration Minister Peter Dutton on March 23.

As of January there were 13,679 refugees and asylum seekers registered with the UNHCR in Indonesia, many of whom have been stuck in transit for years. Australia resettled 808 refugees from Indonesia in 2013, according to UNHCR figures. This dropped to 526 in 2014 and 425 in 2015.

Indonesia is not a signatory to the UN refugee convention and refugees cannot legally work there while waiting for resettlement in a third country.

Former immigration minister Scott Morrison announced in November 2014 that Australia's annual intake from Indonesia would be cut from 600 to 450 and anyone arriving after July 1, 2014, would be ineligible.

The UNHCR's representative in Indonesia, Thomas Vargas, told Fairfax Media this meant Australia would not take the Rohingyas who reached Indonesia after fleeing persecution in Myanmar during the refugee and trafficking crisis in South-east Asia last year.

"We are grateful for those (refugees) they are taking but unfortunately that doesn't help people who come after June 2014," Mr Vargas said. "We are encouraging Australia to revisit that and for all countries to take a more lenient approach to ensuring there is more responsibility sharing."

A spokeswoman for Mr Dutton said Australia was already in the top three countries in the world for the resettlement of refugees on a per capita basis. "Our commitment to increase this to 18,750 places in 2018-19 will make us among the most generous countries in the world," she said.

The spokeswoman said Australia was also the largest source of funds for the International Organisation of Migration in Indonesia, which assists refugees with food, medical care and accommodation.

However Mr Vargas said the global refugee crisis meant it was becoming much harder to find resettlement countries for refugees in transit in Indonesia. While Germany accepted 98 refugees from Indonesia in 2014, for example, it was now overwhelmed by the refugee crisis on its own doorstep.

"We understand the discretion of every country to develop its own resettlement policies but given the state of the world we live in it is very important for countries to be taking a broader, more inclusive approach that shares the responsibility of what is happening in the world today," Mr Vargas said.

Indonesia last week reiterated its concerns over Australia's controversial boat turn-back policy, after Australian authorities asked Indonesian fishermen to return six Bangladeshis who wished to seek asylum in Australia.

Indonesian Foreign Minister Retno Marsudi told a delegation of senior Australian media representatives the turn-back policy was "still an issue now and I think there will still be some more to go in the future". Mr Vargas said the UNHCR would look into the latest incident.

"If you look at the responsibilities under maritime law, anyone who rescues people who are in distress is then obliged to make sure they are safe and delivered to a port of safety," Mr Vargas said.

"It has to be analysed but I'm not sure giving someone to a fishing boat meets the responsibility of a state to ensure someone reaches a port of safety. After you've rescued someone at the high seas in distress you are responsible for them."

Source: http://www.smh.com.au/world/indonesia-appeals-to-australia-to-accept-more-refugees-20160314-gnimon.html

Fisherman who returned asylum-seekers to Indonesia says he was deceived by Australia

Sydney Morning Herald - March 10, 2016

Jewel Topsfield and Amilia Rosa, Jakarta – A fisherman who helped return six Bangladeshis to Indonesia said he felt deceived by Australian authorities and would not have taken the men if he had known they were asylum seekers.

And the Indonesian foreign ministry reiterated on Thursday that Indonesia did not support Australia's unilateral boat turn-back policy, especially when carried out in the middle of the sea.

The latest incident at sea comes at a sensitive time, with the Bali Process – the main regional forum to combat people smuggling – to be held in Bali on March 22 and 23.

A ministerial conference is normally held every two years but did not go ahead last year amid tensions between the two co-chairs – Indonesia and Australia – over the boat push-back policy and executions.

The skipper of the asylum seeker boat, Isai Rano, 34, said he and another Indonesian had been offered 92 million rupiah (about $AUD9000) to take the six Bangladeshis to Australia. They left on March 3 but were rescued by an Australian Border Force maritime patrol three days later after their boat sank.

Gab Oma, a 39-year-old fisherman from Kupang, said he and other Indonesian fishermen were fishing nearby when they were asked by Australian authorities to return the men to Indonesia. "We feel uncomfortable because of what the Australian Navy did by handing over the six Bangladeshi immigrants," said Mr Gab.

"They are people who are under a lot of stress. If they knew they were being returned to Indonesia, it's possible they would have taken over our boat and sailed back to Australia. If they were immigrants and people smugglers why not hand them straight over to the Indonesian government, why give them to fishermen?"

Mr Gab said Australian authorities gave Indonesian fishermen, who were fishing near Ashmore Reef, two sacks of rice, two boxes of bottled water, two 30 litre fuel jugs, soft drinks, eight life jackets and snacks, and asked them to return eight men to Kupang.

"If we knew they were immigrants we would have said no. We were told a fisherman from a sunk boat, so we thought it was our Indonesian brothers. In fact we were handed over Bangladeshi immigrants. Honestly we were deceived."

Mr Gab said the transfer of the Bangladeshi and Indonesian passengers from the Australian ship took place in Indonesian waters.

"We were 28 miles from Amarasi beach. I know, I checked the GPS on board, no mistake. We lose out. We hadn't caught anything (fish) yet, but we were told to go back with six immigrants and two people smugglers."

Mr Gab said the fishermen kept a close eye on the Bangladeshis on the trip back to Kupang and alerted the East Nusa Tenggara water police.

East Nusa Tenggara police chief Teddy Marbun told Fairfax Media that Mr Isai and the second crew member had been determined people smuggler suspects. "The six immigrants said they headed for Australia to seek asylum," Mr Teddy said.

A spokeswoman for Immigration Minister Peter Dutton said the government did not comment on operational matters.

However Australian Border Force Commissioner Roman Quaedvlieg tweeted that an Australian Border Force maritime patrol had assisted an Indonesian vessel in distress. "The vessel was NOT scuttled – was unseaworthy and sank. Pax (passengers) assisted & okay," tweeted

Australia's boat push-back policy is a running sore in the bilateral relationship. Indonesia sees the policy as a threat to its sovereignty and believes it put lives at risk and is not a sustainable solution.

In 2014 Australia apologised for Australian naval incursions into Indonesian waters while pushing back boats carrying asylum seekers.

Indonesian Foreign Ministry spokesman Arrmanatha Nasir said on Thursday the ministry had received a notification from Australian Maritime Border Command on March 7 that Indonesian fishermen had issued a distress call.

He said the notification did not mention Bangladeshi people. "We are currently coordinating with Bakamla (Indonesian maritime security agency) to find out about the information accurately," he said.

"In general, Indonesia's position remains that we don't support unilateral action on boat turn-backs, especially when it is carried out in the middle of the sea. Not only is that dangerous but it will not solve the problem of the the illegal movement of persons. The cooperation of countries of origin, transit and destination is the main pillar to solve the problem."

[With Karuni Rompies.]

Source: http://www.smh.com.au/world/fisherman-who-returned-asylumseekers-to-indonesia-says-he-was-deceived-by-australia-20160310-gnfsfh.html

Graft & corruption

Party system root of all corruption: Ex-KPK leader

Jakarta Post - March 11, 2016

Jakarta – Former deputy Corruption Eradication Commission (KPK) chairman Bambang Widjojanto said on Thursday that political parties were failing to work for prosperity and social justice in Indonesia and instead encouraged corruption.

"The problems are rooted in the internal make-up of political parties, including their recruitment mechanisms," Bambang said during a seminar on initiating political civility. He added that it was problematic for parties not to have in place rigorous recruitment processes, as party figures were supposed to represent the public.

Syafi'i Maarif, a prominent intellectual, said that the parties should do more to educate their members. "In general, today's politicians don't care about the public. They see politics as a lucrative career. This is a catastrophic state of affairs," said Syafi'i.

About 58 percent of the current batch of House of Representative lawmakers are new faces, including celebrities, and their ability to legislate and represent the public has been called into question.

Singer Anang Hermansyah, soap opera actor Lucky Hakim and actress Desy Ratnasari began their first terms as legislators from the National Mandate Party (PAN) in 2014.

Former TV presenter Junico Siahaan of the Indonesia Democratic Party of Struggle (PDI-P) and actor and dangdut singer Krisna Mukti of the National Awakening Party (PKB) also made the transition from showbusiness to politics that year.

"If they've got the cash, anyone can get into the legislature, regardless of their capacity to serve the public interest," Bambang noted. Party financing, he added, was not transparent, meaning the public could not be sure they were electing figures capable of managing the nation's finances.

General Elections Commission Regulation No. 17 of 2013, first applied in the elections of 2014, states all participants in an elections must declare their campaign finances.

However, according to the Information Commission, the regulation does not prevent candidates soliciting sponsorship and donations to pay for their hugely costly campaigns. "The government should fund political parties to prevent them from resorting to business interests to generate income," Bambang said.

He added that certain members of Commission III overseeing law, human rights and security were lawyers, but continued to practice when they should be concentrating on improving national law.

Some members of Commission VIII overseeing religion and social affairs, meanwhile, run travel agencies organizing pilgrimage tours, he said. Given this state of affairs, he said, conflict of interest was inevitable.

Members of the legislature should in theory jettison all outside interests, he went on, yet there remained many who continued to promote policies purely out of self-interest.

Separately, Syafi'i said that political parties were a pillar of democracy, and should work for the nation, not themselves.

Bambang said that to eradicate corruption, politicians should recuse themselves from any dealings with projects using state funds. "Anyone found guilty of corruption should be stripped of his or her political rights. The cost of the crime should be greater than the benefit gained." (wnd)

Source: http://www.thejakartapost.com/news/2016/03/11/party-system-root-all-corruption-ex-KPK-leader.html

Terrorism & religious extremism

New antiterror agency chief promises to focus on Poso

Jakarta Post - March 16, 2016

Ayomi Amindoni, Jakarta – Newly inaugurated National Counterterrorism Agency (BNPT) chief Ins. Gen. Tito Caravan has promised to enhance the implementation of the agency's functions and to focus its works on counterterrorism operations in Poso, Central Sulawesi.

He made the statement after President Joko "Jokowi" Widodo inaugurated the former Jakarta Police chief as the new BNPT chief at the State Palace in Jakarta on Wednesday.

Speaking after the inauguration, Tito said the core business of BNPT was to prevent terrorism and to provide rehabilitation for ex-terrorists after they had served their sentences. He further said the ongoing security operation code named Operation Trinomial in Poso regency in Central Sulawesi was his main focus.

"I will learn the existing concept of the BNPT and adjust it to my concept. In the short term, I will focus on Poso," he said.

Tito further said he would pay attention to the ongoing Operation Tinombala conducted by the National Police, with support from the Indonesian Military, which was aimed at hunting down Indonesia's most-wanted terrorist Santoso and his group.

"What we will do is to sharpen our position and disconnect the supply of logistics and information to terrorist suspects in urban areas. Such is the task of intelligence and the BNPT," he stated.

In the latest incident, two members of the East Indonesian Mujahidin (MIT) terrorist group led by Santoso, aka Abu Wardah, were killed on Tuesday when several MIT supporters and a joint Indonesian Military and National Police team engaged in a shootout near Mount Talabosa in Lore Piore district.

Tito said three elements were the focus of Indonesia's terrorism eradication program, namely prevention, law enforcement and post-law enforcement rehabilitation. He said the main domain of his agency's work was prevention and rehabilitation.

Tito further said both prevention and rehabilitation functions required the involvement of all parties. These functions, he said, could not be done by only one agency, but required the involvement of non-governmental organizations, including civil society groups.

"That's my concept. I explained it in my thesis, which focused on terrorism prevention and rehabilitation. The key is how to convince all stakeholders to sit together to make programs more conceptual and systematic," he explained.

For law enforcement, the BNPT chief said, the agency would strengthen coordination with the police, prosecutors and other law enforcers.

On rehabilitation, Tito said BNPT would focus on preventing of the planning and spreading of radicalism and terrorism ideas from behind bars. He said the National Police counterterrorism unit Densus 88 found that the Thamrin bomb attack on Jan.14 was planned from inside a prison on Nusakambangan prison island. He further said post-law enforcement rehabilitation was important to stop terror convicts from repeating their action or influencing others.

"The core group of a terrorist network is usually very radical. Sitting in the second layer is an implementing group, which is less radical. Forming the third layer is proponent supporters, who are less and less radical. The outermost layer is sympathizers. We have to differentiate treatment from one layer to another. I will not explain further because it would get into the intelligence domain," he explained.

As for the hardcore radical terrorists, he continued, there needs to be some sort of maximum security prison where they could not influence other prisoners. "They should not be able to establish communications freely and develop a terror attack plan behind bars," he added.

Prior to his appointment as Jakarta Police chief in June 2015, Tito served with Densus 88. Tito was the top graduate of the Police Academy in 1987 and graduated magna cum laude with a Ph.D in strategic studies majoring in terrorism and Islamist radicalization from S. Rajaratnam School of International Studies at Singapore's Nanyang Technological University.

West Java Police chief Ins. Gen. Moechgiyarto will replace Tito as Jakarta Police chief. Moechgiyarto was Tito's superior in the Police Academy and a top 1986 Police Academy graduate. Both received the Adhi Makayasa award as top graduates. (ebf)(+)

Source: http://www.thejakartapost.com/news/2016/03/16/new-antiterror-agency-chief-promises-focus-poso.html

Family to report National Police to Komnas HAM over death

Jakarta Post - March 14, 2016

Kusumasari Ayuningtyas and Apriadi Gunawan, Klaten, Central Java/Medan – Relatives of an alleged terrorist who died in police custody said on Sunday that they would file a report to the National Commission on Human Rights (Komnas HAM) on possible misconduct that led to the death.

"We demand that those who arrested Siyono take responsibility. We will report it to the commission," said the relatives' lawyer, Sri Kalono.

Siyono was apprehended by the National Police's Densus 88 antiterror squad at his house in Pogung village, Klaten, Central Java, on Wednesday for his alleged involvement in the Jamaah Islamiyah terror group.

The family's spokesman Hendro Sudarsono said the family would take legal action, and urged the police to explain the cause of the death. "Siyono was healthy when he was arrested. What was the cause of death?" Hendro asked. If it emerged that Siyono was shot dead, he added, the police should also explain their decision to shoot the suspect.

On Friday, media reported that police had shot Siyono as he attempted to attack officers escorting him to Yogyakarta, where he was to lead officers to his accomplices. Siyono was rushed to the Bhayangkara Police Hospital in the city, but died on the way.

The body was transferred to the Bhayangkara Police Hospital in Jakarta, and the family was informed of the death. Siyono was buried in his home village early on Sunday.

On Dec. 30 last year, Densus 88 arrested an alleged terrorist in Surakarta, which neighbors Klaten. The arrest was part of a series of raids carried out by the antiterror detachment over the past few weeks in areas including Bekasi, Cilacap, Gresik, Mojokerto, Sukoharjo and Tasikmalaya.

The 10 arrested over the course of the raids are suspected of being among more than 1,000 Indonesian supporters of the Islamic State (IS) group.

Police have since the beginning of the year arrested 18 terror suspects, including six accused of involvement in a Jan. 14 attack in Central Jakarta that left eight people dead, four victims and four attackers. The perpetrators were believed to have been linked to IS.

In a related development, the police announced on Sunday that they had arrested four suspected IS supporters in Padang Sidempuan, North Sumatra. Padang Sidempuan Police chief Adj. Sr. Comr. M. Helmi Lubis said the suspects, identified only as IF, HS, H and S, had been apprehended at different locations on Friday.

Having questioned the suspects, Helmi said the police were now hunting the leader of IS in North Sumatra, identified as Abu Sumatra.

The four suspects claimed they had communicated with Abu Sumatra through a middleman, identified only as R, a student in Medan. "Earlier today, we summoned R. We want to know who Abu Sumatra is and where he is from," Helmi said.

He explained that the four had been arrested after police apprehended a suspect, identified as Rizal Faizal, for alleged sexual abuse of children. "When we were going through Rizal's text messages, we found conversations about IS with the four suspects and Abu Sumatra," he explained.

Separately, North Sumatra Police spokesman Sr. Comr. Helfi Assegaf admitted that IS was winning ever more supporters across the province. He insisted, however, that the militant group posed no serious threat.

Last week, residents found a suitcase containing a homemade bomb, a gun and hundreds of rounds of ammunition in Binjai, North Sumatra; police denied the weapons belonged to IS supporters.

Source: http://www.thejakartapost.com/news/2016/03/14/family-report-national-police-komnas-ham-over-death.html

Terrorism bill needs to balance security and civil rights: Experts

Jakarta Post - March 11, 2016

Marguerite Afra Sapiie, Jakarta – Human rights watchdogs have voiced their objections to what they claim as efforts by security authorities to sacrifice civil liberties in the name of national security in the draft revision to the Terrorism Law.

The government has to ensure that it upholds the principles of human rights in its efforts to secure the country, said Setara Institute deputy chairman Bonar Tigor Naipospos.

Security officials should always protect citizens' human rights, without exception or discrimination, Bonar said. "Even though they are terrorist suspects, the legal process should still refer to the prevailing laws," Bonar told thejakartapost.com recently.

The current bill emphasizes preemptive measures that would enable officials to take action against terrorist suspects. Among the controversial points is Article 28 of the bill, which grants police the authority to extend a detention period from seven days up to 30 days for people linked to a terrorist act, despite having yet to be named a suspect.

According to Bonar, the extension period has the potential to violate law and human rights principles, as the Criminal Code (KUHP) states that a person who is arrested with preliminary evidence can only be detained for one day or 24 hours.

Meanwhile, Article 31 allows the police to wiretap people suspected of having links to terrorist networks, by only attaining permits from the Communications and Information Ministry.

Bonar said the article was irrelevant as only state courts had the formal authority to declare the legitimacy of surveillance. "Surveillance also has the potential to increase subjectivism and abuse of power," Bonar said.

Meanwhile, Setara Institute researcher Aminudin Syarif said the broader definition of a threat of violence in the draft revision also had the potential to spark over-criminalization. "Accountability of the officials regarding this point is important for us to monitor their counterterrorism efforts," Aminudin said.

Separately, Human Rights Working Group (HRWG) executive director Rafendi Djamin said the government had the right to curb the civil liberties of its citizens during civil emergency status, which gives the state jurisdiction to conduct surveillance for security purposes.

Preemptive measures such as surveillance, a broader definition of a threat of violence, including arrest or interrogation based on reasonable suspicions are all susceptible to abuse of power, leading to violations of even non-tradable rights such as civil liberties, Rafendi said.

"[However] there should be laws that uphold human right principles. There is no excuse that can be made or justification regarding this," Rafendi said. (bbn)(+)

Source: http://www.thejakartapost.com/news/2016/03/11/terrorism-bill-needs-balance-security-and-civil-rights-experts.html

Freedom of religion & worship

West Sumatra scores lowest in religious freedom: UNDP

Jakarta Post - March 15, 2016

Nurul Fitri Ramadhani, Jakarta – The United Nations Development Programme (UNDP) has revealed that Indonesia's democratic credentials remained on the same level between 2009 and 2014, with three provinces – West Sumatra, West Nusa Tenggara (NTB) and South Kalimantan – dropping to the bottom of the list.

UNDP's Indonesian Democracy Index (IDI) shows a lack of religious freedom as the most problematic issue, and one that has become a threat to civil liberty in the country.

West Sumatra received the lowest score in the report, with a worsening trend over the six-year period. The region scored 24.06 in 2014 on a 0-100 scale, a decline by 3.14 points from the previous year.

NTB scored between 35 and 55 points in the six years, hitting a low of 37.43 points 2013, before slightly improving to 38.19 the following year. South Kalimantan saw stagnant scores between 30 and 36 from 2011 to 2014, but remained far below the 51.16 points recorded back in 2010.

"The provinces often appeared as the bottom three in the six years, although cases of religious-based violations and discrimination also happened in many other areas," UNDP Indonesia's representative and IDI project manager Fajar Nursahid said during a discussion on Sunday. He added that discriminative bylaws in the three regions were taken into account as indicators of the index.

In West Sumatra, the cities and regencies of Padang, Pasaman, Pesisir Selatan, Sawah Lunto and Solok have implemented bylaws obliging citizens to dress in Muslim attire, while proficiency in reading and writing Koran verses is also compulsory in those five regions.

"The bylaws may have good purposes as West Sumatra is dominated by Muslims, but issuing the regulations means coercing [others to abide by the majority's interests]," Fajar said.

In NTB, discrimination of religious minorities affected mostly members of the Ahmadi community. From 1983 until 2011, the regional administration has several times issued decrees banning Ahmadis from practicing their religious activities and spreading their beliefs.

Banjar regency in South Kalimantan issued a bylaw in 2004 prohibiting food stalls, as well as cafes and restaurants, to operate on fasting days. It also prohibits smoking during the day. In 2010, Banjarmasin issued a bylaw on the compulsory reading and writing of Koran verses at elementary, middle and high schools.

The head of the Bogor-based agrarian study center Sajogyo Institute was of the opinion that religious discrimination was often just cover for agrarian conflicts related to the exploitation of natural resources.

"Religious motives are number four. The first is land conflicts, followed by social conflicts and political competition. The players intentionally create religious divisions," Sajogyo Institute executive director Eko Cahyono said.

Discrimination of followers of the Sunda Wiwitan faith in Kuningan, West Java, for example, was in fact a conspiracy concocted by some individuals, Eko claimed, adding that private parties had paid local religious leaders to portray Sunda Wiwitan adherents as infidels, thereby stoking religious conflict and forcing many residents to leave a gold-rich area, freeing it up for exploitation by others.

Source: http://www.thejakartapost.com/news/2016/03/15/west-sumatra-scores-lowest-religious-freedom-undp.html

AJI pushes media to pay more attention to minority groups

Jakarta Post - March 14, 2016

Jakarta – Mass media must put more focus on issues pertaining to minority groups to help them voice their aspirations.

Alliance of Independent Journalists (AJI) chairman Suwarjono said it was important for the media to read between the lines with regard to issues surrounding minority groups, especially those related to religion, ethnicity and race.

"The media must help give a voice to the minority groups in fighting for their rights. Journalists need to take a stand," he said in a press statement on Sunday.

Media outlets were paying more attention to ratings and page views rather than seeking a solution to the conditions faced by minority groups, Suwarjono added.

It is also important for the media to question the state's role in protecting minority groups such as in the cases of the Shiites in Sampang, Madura, as well as the Ahmadis and Fajar Nusantara Movement (Gafatar).

Questions pertaining to the ownership of group assets and whether the state is providing protection should be raised, Darmawan Triwibowo, executive director of NGO the Tifa Foundation, said.

AJI and the Tifa Foundation held a on Sunday a discussion on the roles of the media that affect public discourse on discrimination and minority groups rights violations.

He also regretted the media's position as an observer, only reporting the news when events occurred. "The media has the right to demand the state to take responsibility for their negligence," he said in a statement.

AJI Indonesia conducted research on media outlets in reporting conflicts by following news coverage of conflicts involving Gafatar and the Shia.

"The most reports came in the first three days, up to a week after the conflicts took place. When blood and tears are shed," Y. Hesthi Murthi, head of the female and marginalized group division at AJI, said in a statement.

Most reports came in the first month but showed a declining trend. In the following month, reports on the Shia and Gaftar showed a significant decrease, Hesthi said.

Based on the samples, surabaya.tribunnews,com reported 145 news items on the Sampang Shiites from Aug 27 to Sep 27, 2012, with a decline to only one report from Sep 28 to Oct 27, 2012. Meanwhile, tempo.co reported 168 news in the same first period, with a decline to 11 in the following month. "That showed a drastic decline despite the ongoing case," she added.

Meanwhile, Sajogyo Institute executive director Eko Cahyono said that conflicts involving minority groups were strongly linked to the control of natural resources. He cited cases in Paneai in Nabire, Papua; Cisitu in Lebak, Banten; Cek Bocek in West Nusa Tenggara and Malind in Merauke, Papua.

The institute's research found that corporations used various methods to gain control over an areas' natural resources. Religious issues are often used to distract from the real purpose of gaining over the natural resources, he said. (rin)(+)

Source: http://www.thejakartapost.com/news/2016/03/14/aji-pushes-media-pay-more-attention-minority-groups.html

Land & agrarian conflicts

Activists call for completion of indigenous rights bill

Jakarta Post - March 14, 2016

Apriadi Gunawan, Medan – Indigenous rights activists have called on the government to immediately complete the drafting of a long-awaited indigenous people's rights protection (PPHMA) bill to prevent social conflict from arising as a result of disputes over land.

The chairman of the Alliance of Indigenous People (AMAN) in North Sumatra, Harun Nuh, said land disputes that claimed many lives were rampant in the province because there had not been any legal certainty for indigenous people about their rights over territory.

"Land disputes have been going on for so long and are still happening every day now. Often, the dispute ends with a clash between the indigenous people and the security officers of a company that is sometimes backed up by the authorities or thugs," Harun said.

"If no serious measure is taken, the dispute can lead to a serious social conflict," he said.

The government is currently revising the PPHMA bill, taking it over from the House of Representative after the House did not list the bill as national legislation program (Prolegnas) this year, despite it already having been included in the 2015 to 2019 program.

The current PPHMA bill will cover, among other things, the definition of an indigenous community, its rights, a much-needed procedure to settle customary land disputes and a task force that will handle the issues of indigenous people at the central and regional levels.

The Constitutional Court ruled in 2013 for the annulment of state ownership of customary forests.

AMAN deputy secretary-general Arifin Saleh said the absence of regulations that validated the borders of customary lands had pushed out indigenous people from their own lands, provoking disputes.

"The clashes that take place between corporations and indigenous communities happen because there was no concrete action from the government to determine customary lands," he said.

The head of the Lumban Sitorus Tribal Community (PMALT), Sanma Sitorus, said they had reported a recent seizure of customary land to the Provincial Legislative Council, but no measures had yet been taken.

A 42-hectare plot of land belonging to the Lumban Sitorus clan had been lost to a pulp company, although the land had been passed on within the clan for 15 generations, Sanma said.

Sanma said people had been protesting about land grabs frequently, but instead of finding solutions, they were intimidated by those who supported the companies.

Harun also gave similar examples of land disputes that had not been solved for many years in North Sumatra, including a dispute between a traditional community in Deli Serdang regency and PT Perkebunan Nusantara II in 1979 and a dispute over 4,100 hectares of land in Pakkat subdistrict in Dolok Sanggul between a pulp company and the indigenous community.

Source: http://www.thejakartapost.com/news/2016/03/14/activists-call-completion-indigenous-rights-bill.html

Kupang's Kolhua dam opposed

Jakarta Post - March 14, 2016

Kupang – Residents of Kolhua subdistrict of Kupang, East Nusa Tenggara, have rejected the municipality's plan to develop a dam worth Rp 285 billion (US$20 million), saying that the project would evict them from 370 houses and 60 hectares of farmland.

"We oppose the government plan. We support the government program, but don't sacrifice us," Kolhua community leader Agus Saijuna said on Saturday.

Agus said he and the 246 families who owned the farmland opposed the government's plan since they did not want to lose the land, which has been under cultivation since 1983.

Another Kolhua community leader, Yunus Lisnahan, accused the municipality of trying to divide city residents. "The Kupang mayor always says that the solution for the water supply is developing the Kolhua dam."

Yunus said a water spring in Kolhua was not the only water source in the city, adding that there were 25 points that could be developed by the municipality.

Source: http://www.thejakartapost.com/news/2016/03/14/islands-focus-kupang-s-kolhua-dam-opposed.html

Governance & administration

Government gear up to scrutinize recalcitrant taxpayers

Jakarta Post - March 10, 2016

Jakarta – The government is scrambling for a quick plan to plug the gap in state finances after legislators from the House of Representatives stopped deliberations on a draft bill related to a tax amnesty. It now hopes to improve and expand its inspection of recalcitrant individual taxpayers in a bid to double tax revenues this year.

Finance Minister Bambang Brodjonegoro said stern inspection measures would be implemented and would involve at least 4,550 tax officers. Bambang said the measures would be implemented should the government's plan to get extra revenue from its proposed tax amnesty bill be turned down by the House.

"If the [tax amnesty] draft bill is rejected, we will intensify inspections," Bambang told a press briefing on Tuesday, adding that "the inspections will focus more on individual taxpayers."

The government expects the House to soon approve the tax amnesty bill to help boost tax revenues, which are expected to suffer a significant shortage this year due to a predicted fall in corporate income taxes amid the country's economic slowdown.

The proposed bill, which offers a tax rate of between just 1 percent and 3 percent, is expected to lure in billions of US dollars kept abroad by wealthy Indonesians.

Bambang estimates that around Rp 2.7 quadrillion (US$195 billion) worth of assets are kept overseas by wealthy Indonesians and Rp 1.4 quadrillion worth of domestic assets have not been properly reported.

Bambang said the contribution of individual taxpayers was whoppingly small compared to the contribution from non-oil tax revenues, which reached Rp 1.011 quadrillion. "We need to improve this sector. A lot of businesses and individuals still operate and even generate huge gains, yet they never pay taxes," Bambang said.

Out of 129 million people subject to tax, only 27 million people actually pay taxes. Income taxes from individuals currently account for less than 1 percent of total tax revenue.

Newly-installed tax chief Ken Dwijugiasteadi vowed to force wealthy individuals to comply with tax regulations. Ken is seeking to double the Rp 9 trillion in income tax collected from individuals last year.

Ken was inuaurated last week as the new director general of taxation three months after previous tax chief Sigit Pramudito resigned after failing to increase tax revenues by 30 percent.

The hightened inspection procedures on individual taxpayers will be in line with the directorate general's 2015-2019 Strategic Plan, which has emphasized law enforcement in 2016.

In addition to the tax officers, the Finance Ministry will deploy 32,000 personnel to secure the compliance of individual taxpayers and help the government meet this year's target of Rp 1.36 quadrillion in tax revenues. The tax target accounts for around 70 percent of total state revenue.

The ministry hopes to increase the country's tax ratio, which currently stands at only 11 percent, lower than the 13 or 14 percent recorded by its ASEAN peers Singapore, Malaysia and Thailand.

Minister Bambang said that taxes from individuals could help offset the decline in taxes paid by companies due to the slowing economy. "In the more developed countries, individual tax is bigger than corporate tax. To achieve it, we need to increase their level of awareness," he asserted.

The tax office will be supported by the National Intelligence Agency (BIN) and the National Police when dealing with recalcitrant taxpayers. (adt)

Source: http://www.thejakartapost.com/news/2016/03/10/govt-gear-scrutinize-recalcitrant-taxpayers.html

Parliament & legislation

House digs in heels over construction project

Jakarta Post - March 10, 2016

Jakarta – House of Representatives ways and means committee deputy chairman Achmad Dimyati Natakusumah said on Tuesday that a plan to expand the House complex was still on track despite the government's decision to extend a moratorium on the construction of official buildings.

Dimyati said that the government had not sent an official request to the House to halt the project. "Going only by an oral statement [...] we cannot conclude that the moratorium is already official," the United Development Party (PPP) politician told the The Jakarta Post.

With only the Gerindra Party expressing opposition, the House of Representatives approved a budget allocation for the construction of a new Rp 740 billion (US$56 million) legislative building in October.

In the 2016 state budget, the government allocated Rp 570 billion to the construction. But President Joko "Jokowi" Widodo said last week that the moratorium he issued in late 2014 would be extended in an effort to make sure that state funds were spent only on "very important matters".

"Construction will only be allowed for education, for example building schools, and for emergencies, such as for narcotics rehabilitation centers or counterterrorism purposes," Cabinet Secretary Pramono Anung said last week as quoted by tempo.co.

On Monday, House Speaker Ade Komarudin said that construction would be halted only with the agreement of the entire House. "I still need to consult with all political party factions and internal bodies at the House," the Golkar Party politician said.

Lawmaker Hendrawan Supratikno from the ruling Indonesia Democratic Party of Struggle (PDI-P) said on Wednesday that he opposed the moratorium if it meant calling off the plan to add to the House complex.

"The moratorium only applies to non-urgent projects. The plan to revamp the House complex, meanwhile, needs to be carried out as soon as possible, give the current inadequacy [of the complex]," he said.

Lawmaker Muhammad Syafi'i from Gerindra said that the House building itself needed an overhaul, as it was no longer able to cope with the growing numbers of people working there.

"The building was supposed to be an office for 500 legislators, with one staff member each. Now the building is used by 560 lawmakers, each with a staff of seven. Just calculate the number of people who pile into this building every day," he said.

He added, however, that the Gerindra faction at the House would not pledge its support to the plan, nor any other program that met public opposition.

Gerindra was the only party to oppose the plan when it was floated by the ways and means committee last year. Although the plan caused a public outcry, the government decided to allocate Rp 740 billion, though refused to meet the House's demand for Rp 1.6 trillion for the project.

The idea of a megaproject to revamp the legislative complex was first broached in 2008. The concept included the construction of a "civil square", a museum, a library and renovation of offices for legislators and their staff.

In 2011, under the speakership of Democratic Party politician Marzuki Alie, the House once again proposed the project at a cost of Rp 1.16 trillion. The plan was canceled following widespread public criticism and suggestions that drastic improvement of lawmakers' performance was more important than construction of new legislative buildings. (mos)

Source: http://www.thejakartapost.com/news/2016/03/10/house-digs-heels-over-construction-project.html

Jakarta & urban life

Political parties slam Ahok over Rp 100b-for-political-support claim

Jakarta Post - March 11, 2016

Callistasia Anggun Wijaya, Jakarta – Political parties have challenged Jakarta Governor Basuki "Ahok" Tjahaja Purnama to prove his claim that political parties asked him for Rp 100 billion (US$7.65 million) in exchange for supporting him in Jakarta's 2017 gubernatorial election.

Indonesian Democratic Party of Struggle (PDI-P) politician Muhammad Yamin slammed Ahok for the statement, saying that he was only aiming to weaken the image of political parties.

"The PDI-P never asks for any money from candidates. That would be unfair. We have a good relationship [with Ahok] but now he claims he does not want to join a political party because there is a payment," Yamin said to journalists in Jakarta on Friday.

Yamin slammed Ahok for being ungrateful and forgetting that the PDI-P and Gerindra had helped him to become deputy governor when he was paired with then governor Joko "Jokowi" Widodo. "Ahok is a governor because of the PDI-P," Yamin said.

Ahok took the capital's top post following Jokowi's victory in the 2014 presidential election.

Ahok said on Thursday that he did not have enough money to run in the 2017 gubernatorial election with political parties' support. He went on to explain that it required a lot amount of money to shift party machines so that all party officials in a region worked to support a candidate.

"If two parties support you and they ask for funding for their political machines, Rp 100 billion might not be enough to run for Jakarta governor," he said on Thursday as quoted by kompas.com.

Ahok announced on Monday that he would run as an independent candidate in next year's election, paired with Jakarta Financial and Asset Management Board (BPKAD) head Heru Budi Hartono. Ahok solely relies on the support of Teman Ahok (Friends of Ahok), a group that helps him gather the copies of citizen identity cards needed to meet the requirements set by the Jakarta General Election Commission.

Golkar secretary-general Idrus Marham also challenged the former East Belitung regent to back up his words. "Ahok should say which party [then] I don't think it would be a problem. Then everything would be transparent for future improvements," he said Friday as quoted by kompas.com.

Golkar has never asked for money from its regional leadership candidates, Idrus said. [And] even if they had, the money would be used for campaigns and not for party's treasury.

Gerindra deputy chairman Fadli Zon defended his party also, saying it never asked for a political dowry when lending support to Jokowi and Ahok during the 2012 Jakarta election. He too challenged Ahok to show proof if there was indeed a request by a political party for Rp 100 billion.

"He better prove it. That is an outrageous number," he said, adding that nowhere inside or outside of Jakarta had Gerindra made a dowry a requirement for candidacy support. (rin)

Source: http://www.thejakartapost.com/news/2016/03/11/political-parties-slam-ahok-over-rp-100b-political-support-claim.html

More reclamation projects challenged in court

Jakarta Post - March 11, 2016

Indra Budiari, Jakarta – A lawsuit challenging a Jakarta gubernatorial permit for the construction of artificial islets F, I and K off the city's northern coast kicked off at the Jakarta State Administrative Court on Thursday with a panel of judges reading out the petition.

In the 38-page petition, a copy of which was made available to The Jakarta Post, fishermen, rights activists and environmentalists claim that the Jakarta governor violated various regulations in issuing the permits and demanded that the court revoke them immediately.

The petitioners believe that the reclamation was carried out without obtaining a preliminary environmental permit as regulated by Law No. 32/2009 on environmental management and protection.

The Jakarta administration is also accused of violating the basic rights of coastal fishermen – as the most affected parties in the artificial islet development projects – to access and manage natural resources in the area. The petitioners said the fishermen's needs were not being taken into account during the construction.

"Based on Constitutional Court decision No. 3/PUU-VIII/2010, fishermen have a constitutional right to coastal and small island areas," the petition claims.

On Oct. 22 last year, the city administration issued construction licenses to city-owned PT Jakarta Propertindo for Islet F and to PT Jaladri Eka Paksi for Islet I, and on Nov. 17 to PT Pembangunan Jaya Ancol for Islet K. The three islets are part of the 17 man-made islets planned to be built off the city's northern coast.

Recently, Jakarta Governor Basuki "Ahok" Tjahaja Purnama announced that he was considering evicting fishermen from the shoreline of North Jakarta and relocating them to the Thousands Islands, saying that they would get better catches in the regency.

The idea, however, has been strongly opposed by the fishermen, who believe that moving to the Thousands Islands would pose problems for them as the deeper sea would make it harder for them to catch fish or clams with tools as basic as those used by many Muara Angke fishermen, let alone the tougher competition with the islands' fisherfolk.

The reclamation projects are also being conducted while the bylaw regulating the islets has yet to be passed by the city council.

During Thursday's hearing, the petitioners also claimed that the city administration lacked the authority to issue the permits as the Jakarta coast was a strategic national area and any permit should be issued by the Maritime Affairs and Fisheries Ministry as a representative of central government.

"Furthermore, in 2003 the ministry issued Ministerial Decree No. 14/2003 on the environment and impropriety of the northern Jakarta coast reclamation project because it had the potential to harm the area's maritime ecosystem," Martin Hadiwinata, one of the petitioners, told the court.

The petition says that more fish would die as a result of environmental degradation, including the occurrence of harmful algal blooms.

"With so many violations committed in the project and damage that it could bring to the fishermen and the ecosystem, the judges should revoke or postpone the implementation of the islet construction permits," Tigor Hutapea, a lawyer from the Jakarta Legal Aid Foundation representing the fishermen, told the Post after the hearing.

Separately, Haratua Purba from the Jakarta administration's legal bureau, said he would refute all of the arguments in the next hearing slated for March 17.

"I can't share the details of our response. Every argument will be countered next week," he said.

Aside from the petition against the permits for three islets, a hearing on a petition also filed by fishermen against Islet G and the trial is ongoing. In last week's hearing, a law expert witness said it was the central government that had the authority to issue such permits.

Source: http://www.thejakartapost.com/news/2016/03/11/more-reclamation-projects-challenged-court.html

Transport & communication

Private port operators need time to prepare for bigger job

Jakarta Post - March 15, 2016

Farida Susanty, Jakarta – Private port operators have lauded the government's recent decision to extend the time for them to prepare for a concession for operating bigger terminals, previously only open to state-owned port operators.

The Transportation Ministry expected to grant a concession to private port operators to run public terminals starting Feb. 29, but the ministry delayed the deadline to June pending preparations from the operators, which are currently only allowed to run special terminals and dedicated terminals, or public terminals on yearly permits.

"We are ready to sign the concession, but we need time to calculate the amount of time needed for the concession," Indonesian Port Operators Association (ABUPI) chairman Aulia Febrial Fatwa said Monday.

Aulia was optimistic that private port operators would be able to complete preparations for the concession by June, adding that "the February deadline was a rush".Aulia said private operators saw benefits in running bigger terminals rather than special or dedicated ones.

Calculations are needed to estimate the profit and investment for assets during the concession, as Ministerial Regulation No. 5/2015 stipulates that operators must return fixed assets or allow the ministry to buy movable assets by the end of the concession.

"For example, for land assets, they will keep increasing, but movable assets tend to depreciate. This has to be calculated, with a forecast for five to 15 years later," he said.

According to the association's data, of 2,000 ports in the country, 900 are managed by special or dedicated port operators, leaving state port operator PT Pelabuhan Indonesia (Pelindo) to manage 112 ports, while the rest are operated by the Transportation Ministry.

The ABUPI chairman said at least 18 port operators had been invited by the ministry and had expressed their readiness to sign the concession from early February. Aulia, who is also commercial and business development director of PT Pelabuhan Tegar Indonesia, the operator of Marunda Center Terminal multipurpose port in West Java, said the company aimed to sign the concession this year.

It plans to put to concession its first and second phases of development, in which it will upgrade its current 7.5 million ton yearly capacity to 12 to 14 million tons to prepare to become a public terminal.

Similar intentions were expressed by port operator PT Krakatau Bandar Samudra, which is a subsidiary of state run steelmaker PT Krakatau Steel Indonesia. "The application process for concession started in December," said PT Krakatau Bandar Samudra commercial and development director David Rahadian.

The firm saw greater business potential with the concession amid initial costs for asset revaluation, among other things, to prepare. It aims to increase its capacity from 21 million tons to 40 to 45 million tons by 2025 to prepare for future public terminal operation. The business will partly rely on Krakatau Steel's business development.

However, the company is also still trying to complete audit documents for the Development Finance Comptroller (BPKP), as well as fulfil recommendations from the regional administration, David said.

The ministry can give a concession to a port operator through a bid or a direct assignment as long as the land is owned by the operator and no state budget is spent there. The duration of the concession is based on investment and the expected "reasonable profit," according to the ministry's regulation.

Source: http://www.thejakartapost.com/news/2016/03/15/private-port-operators-need-time-prepare-bigger-job.html

Car-centric policies 'result in unliveable cities'

Jakarta Post - March 12, 2016

Corry Elyda, Jakarta – Clayton Lane, the new CEO of the Institute of Transportation and Development Policy (ITDP), asked a basic question of the audience during a discussion on the future of urban mobility recently.

"Do we want a city full of cars or full of pedestrians?" he asked. While the answer seems obvious, creating a pedestrian-city friendly is far from easy – if not impossible.

Lane said that the most livable cities in the world were those with good pedestrian systems, rather than those covered in concrete highways. Authorities, he said, were guilty of misguided development.

"We need to change our way of thinking. We try to tackle congestion by expanding roads, like we expand our belts if we eat too much, instead of decreasing our portions," he said.

Lane said that the impact was worse, as road expansion could increase inaccessibility, reduce public space and add to air pollution and, in the long term, climate change.

The ideal city, he said, was one where people could walk and shop freely, with a compact, mixed-use design. He added that people should understand that roads did not belong to motor vehicle. "Cars have their place, but we should not design cities around them," he said.

Generally, he said, traffic engineers were taught how to keep cars moving. "What we have to do is actually try to move people, maintaining their mobility," he said. He added that instead of prioritizing cars over people, city authorities should realize that walking, bikes and public transit were the most efficient transportation modes.

The 2013-2017 Jakarta mid-term regional development plan (RPJMD) states the administration's plans to increase total road area from the current 48,311 square meters to 50,000 square meters, citing growing numbers of cars and motorcycles. However, new roads are blamed for creating additional problems. Casablanca overpass in South Jakarta, for example, still causes major bottlenecks at rush hours.

The Antasari elevated road has caused the value of surrounding buildings to drop significantly, while the on-going Pluit elevated road has met opposition from local people.

The Transportation Agency has recorded that about 20.7 millions trips occur in Jakarta daily, more than 56 percent of which are by private vehicle.

Data from the Jakarta Police showed that as of 2014 there were 17.4 million motor vehicles in Jakarta, 13 million of which were motorcycles and 4.3 million four-wheeled vehicles. The number represented a 12 percent increase from the previous year.

Lane said that if the government wanted to enact change, the first and easiest thing it could do was take care of pedestrians. "In Jakarta, I can't even get into my hotel on foot – I have to walk up the car driveway. When I find a sidewalk, it is damaged or occupied by two-wheelers," he said.

Lane said that the government and private entities should realize that sidewalks could increase happiness and economic vibrancy. While a number of major public transportation projects are underway, the administration has never prioritized pedestrians.

Manggarai railway station, for example, does not have adequate pedestrian crossings for commuters who want to access the nearby Transjakarta bus shelter, and few stations have access to adequate sidewalks that would allow passengers to switch to other modes of transportation.

Central Jakarta's Tanah Abang station, one of the busiest railway stations in the city, has less than 2 meters of sidewalk on the route to the biggest textiles market in Southeast Asia, which itself also lacks proper sidewalks.

Jakarta Transportation Council (DTKJ) chairwoman Ellen Tangkudung said that policies should avoid limiting people's mobility.

Ellen said that the city should prioritize public transportation, as increasing the amount of roads would not serve to reduce the number of cars. "We need to manage the supply of roads, as well as maintain demand," she said.

The city administration, she added, should look to enact policies that discourage people from using private vehicles, rather than accommodating their ever-increasing numbers. – JP/Corry Elyda

Source: http://www.thejakartapost.com/news/2016/03/12/car-centric-policies-result-unliveable-cities.html

Air Force denies selling airbase to foreigners

Jakarta Post - March 11, 2016

Jakarta – The Indonesian Air Force declared on Wednesday that none of its airbases had been sold to private parties. It refuted allegations made by a House of Representatives (DPR) legislator that a plot of land belonging to it had been acquired by a foreign airline for commercial purposes.

"It's not true," Air Force chief of staff Air Marshal Agus Supriatna said on Wednesday.

Air Force spokesperson Air Comr Dwi Badarmanto said the force's property formed part of the state's defenses and should not be sold to anybody.

Dwi acknowledged, however, that the Air Force had leased a 20-hectare plot of land at the Halim Perdanakusuma airbase for use as a public airport to assist the already crowded Soekarno-Hatta International Airport in Cengkareng, Banten, in hosting a huge number of commercial flights.

House legislator Fahri Hamzah claimed via Twitter on Sunday that an airbase had been bought by a foreign airline. He did not mention which airbase, but was likely referring to Halim Perdanakusuma.

Source: http://www.thejakartapost.com/news/2016/03/11/national-scene-air-force-denies-selling-airbase-foreigners.html

Film & television

KPI wants power to issue fines for immoral content

Jakarta Post - March 10, 2016

Jakarta – Indonesian Broadcasting Commission (KPI) chairman Judhariksawan said on Tuesday that the KPI needed to expand its ability to sanction broadcasters that offend against public morality.

"We need to fine broadcasters who violate broadcasting codes of conduct and broadcasting standards by airing programs containing violence or pornography," he said.

Government Regulation No. 50 2005 on private broadcasters only regulates fines for television advertisements and broadcasters that do not provide public service announcements. The maximum fine for radio stations is Rp 100 million (US$7,594) and Rp 1 billion for television channels.

Judhariksawan said that based on analysis, fines could have a deterrent effect on broadcasters that violated codes and standards in their programs.

The National Mandate Party (PAN) previously suggested that fines could be regulated explicitly in a revision of the Broadcasting Law. PAN politician Hanafi Rais said that handing down fines would be more effective than simply issuing warnings.

Judhariksawan also acknowledged that the KPI would like an amendment of the Broadcasting Law to stipulate fines. "I personally suggest it be included in the law," Judhariksawan said.

However, the KPI will have to wait for a government regulation or the law to determine the size of fines for violators. "If there is a broadcast containing pornography, the fine should be a large sum of money," he said.

He also expected that the regulation should stipulate the authority that imposed the fines and whether they could be an income source for the KPI. Judhariksawan cited as an example the Public Information Commission (KIP), which has an internal court to impose fines and said the KPI could have that kind of mechanism.

Recently, public concerns have been raised over the depiction of homosexual behavior, transgender performances and indecent female garb on television. The KPI has issued a circular to discourage broadcasters from airing indecent or deviant content.

Previously, Media Regulator and Regulation Observer chairman Amir Effendi Siregar criticized the circular as being too general. He referred to Didik Nini Towok, a prominent male dancer who is dedicated to female dance.

However, Judhariksawan clarified that the circular was not aimed at banning such traditional art but more at programs promoting homosexual or transgender behavior. The KPI simply wanted to give broadcasters a guideline for content that should be restricted or even not aired at all, he said.

"We will invite artists and cultural observers to discuss this matter. We want to explain to them what we mean by issuing the circular and defining what kind of program promotes deviant behavior," he said.

He added that the KPI was an independent institution and wanted to oversee the media without being affected by political or other interests. "We hope that the fines can be deliberated soon in [House] Commission I but we know that fines can have a deterrent effect," Judhariksawan said. (wnd)

Source: http://www.thejakartapost.com/news/2016/03/10/kpi-wants-power-issue-fines-immoral-content.html

Armed forces & defense

TNI continues to press for expanded role in internal security

Tempo - March 11, 2016

Jakarta – The Indonesian military (Tentara Nasional Indonesia, TNI) continues to press for an expanded role in internal security, driven by distrust of civilian politicians, contempt for the police and the conviction that Indonesia is facing hostile powers using proxies to attack it through non-military means.

"The TNI's concept of 'proxy war' turns an international threat into a domestic danger and therefore justifies a military role at home," says Sidney Jones, director of the Institute for Policy Analysis of Conflict (IPAC). "Everything from the haze crisis to gay rights advocacy becomes evidence of foreign enemies bent on weakening Indonesian from within."

"Update on the Indonesian Military's Influence", the latest report from the Institute for Policy Analysis of Conflict (IPAC), builds on a May 2015 report, "The Expanding Role of the Indonesian Military". It looks at how far the pressure for an increased role has progressed since then, with particular attention to the counter-terrorism field.

The effective performance of the police in handling the 14 January 2016 terrorist incident in Jakarta and the continuing ability of Indonesia's most wanted terrorist, Santoso, to elude capture even with some 2,000 soldiers joining the police in the search, have temporarily muted the TNI demand for more operational engagement.

In a draft of a strengthened anti-terrorism bill that the government is trying to fast-track through parliament, the TNI has not been given any additional powers. Nevertheless, the draft leaves it to the president to formulate a national counter-terrorism strategy, and it is possible that President Jokowi, who sees the military as one of his most dependable allies, could still give it a broader role than it now has.

The report explores the continuing "mission creep" of the TNI into non-military tasks, such as agricultural extension. The military sees this as completely in line with its mission to be an "army of the people" (tentara rakyat), but if any task that brings it closer to the people is legitimate, then there are no boundaries to its mandate.

It also examines the expansion of the territorial structure whose overhaul was once seen as the key to military reform. Some of this expansion has been justified in terms of meeting President Jokowi's goal of strengthening Indonesia's capacity to cover its maritime approaches, but it also reinforces its internal security role.

Indonesia still needs an independent review of defence policy, strategy and TNI force structure, according to IPAC. "Almost eighteen years after democracy was re-established, Indonesia still needs to institute safeguards to ensure that that there are clearly understood limits to the military expansion now underway," says Jones.

Source: http://en.tempo.co/read/news/2016/03/11/055752655/TNI-Continues-to-Press-for-Expanded-Role-in-Internal-Security

Criminal justice & prison system

AGO's inflexible budgets hamper prosecutions

Jakarta Post - March 14, 2016

Haeril Halim, Jakarta – An investigation carried out by a watchdog has confirmed that budget inflexibility has caused low prosecution rates in prosecutors' offices.

The University of Indonesia's Indonesian Judicial Watch Society (MAPPI) has found that severe budget cuts in 2016 made prosecutors' offices suffer from low conviction rates, citing that prosecutors, on several occasions, failed to build strong cases because they could not get access to additional funds that hadn't been planned for the ongoing fiscal year.

For example, leftover funds intended for interrogations cannot be used to fund the sudden need to summon expert witnesses in another case. Also, any leftover budget at a particular post will cut in the following year.

MAPPI recorded that in 2016 the government only gave enough funds to prosecutors to finance 39,514 cases, despite the fact that in 2015 the former disbursed a huge budget to prosecutors' offices across the country, which are being supervised by the Attorney General's Office, to cover 120,019 cases.

"There is also a misperception on the part the government that it only disburses a particular amount of funds to solve a certain number of cases. You are given a budget for 10 cases and so you should find 10 crimes to satisfy the target. Law enforcement should not work that way. Such a system opens the way for prosecutors to invent cases to satisfy the target," Julius Ibrani of MAPPI said on Sunday.

In 2012, prosecutors' offices finished 104,539 cases, while in 2013 they closed 148,689 cases and in 2014 they handled 141,962 cases. In addition, between 2016 and 2019, the government gave prosecutors a target to finish about 131,000 cases per year.

Another MAPPI researcher, Dio Ashar Wicaksana, said that this year's budget cut had severely affected the prosecution of cases in the Maluku prosecutors' office because it only received enough funds to solve 15 cases, despite in the previous year having been given a budget sufficient for 60 to 70 cases.

"The question remains about how the budget has all been spent in the early months of the year. How could prosecutors solve other cases without a budget during the remaining months? This will open doors for corruption, collusion and nepotism at prosecutors' offices," Dio added.

The chairman of the illegal fishing taskforce at the Maritime Affairs and Fisheries Ministry, Yunus Hussein, said that when was the chairman of the Financial Transaction Reports and Analysis Centre (PPATK) his subordinates found that case exposes conducted by law enforcement institutions were financed by the suspects in the criminal cases.

Yunus also confirmed that the budget inflexibility did not only occur at prosecutors' offices, but also at the taskforce he currently led.

He explained how difficult it was when his taskforce suddenly needed funds to finance a DNA test on fish to confirm that an arrested fishing vessel had encroached on Indonesian waters to steal fish.

"We need to collect scientific evidence to support our claim. It is not cheap if we are really serious about upholding the law. To get the DNA evidence we should go to Singapore for a laboratory confirmation and it is very expensive," Yunus said.

Also if this year the taskforce gets budgets to both maintain arrested fishing vessels and to destroy the vessels after their crews are found guilty of illegal fishing and the destruction was conducted in the early months of the year, then the maintenance budget will be left unused. In that case, in the following year the taskforce will receive a smaller budget for maintenance.

"If you give a peanut you only get a monkey, but if you want to get more than a monkey then you should give more than a peanut," Yunus said when illustrating how huge a budget law enforcement needs to enforce the law.

The chief of the East Jakarta Prosecutors' Office, Narendra Jatna, who is also a legal expert from the University of Indonesia, said that the government should change its budgetary system for prosecutors' offices to improve their performance in the future.

He said that prosecutors' offices should use an actual-cost budgetary system like the one applied by the Corruption Eradication Commission (KPK) and the National Police.

Source: http://www.thejakartapost.com/news/2016/03/14/ago-s-inflexible-budgets-hamper-prosecutions.html

Government uncertain on use of death penalty in 2016

Jakarta Post - March 12, 2016

Jakarta – The Indonesian government is yet to decide on whether it will execute drug traffickers this year, but has said it will focus more on improving the economy for the next seven to eight months.

"We'll see what happens. We are still studying this very carefully. Maybe we could [continue with executions] this year, or maybe next year," Coordinating Political, Legal and Security Affairs Minister Luhut Pandjaitan said in Jakarta on Friday.

Luhut said Indonesia had been disturbed by noisy, annoying comments from the public about the death penalty's implementation. "So we have to calculate very carefully when using the death penalty," he said.

According to 2015 data from the National Narcotics Agency, there are 14 drug convicts currently waiting to face the firing squad. Last year Indonesia put to death 14 drug convicts, including two Australians that were part of the Bali Nine group, Myuran Sukumaran and Andrew Chan.

Source: http://www.thejakartapost.com/news/2016/03/12/national-scene-govt-uncertain-use-death-penalty-2016.html

Police & law enforcement

Tito's promotion tightens competition for police chief post

Jakarta Post - March 16, 2016

Stefani Ribka, Jakarta – The limited reshuffle at the National Police headquarters on Monday has immediately attracted the attention of members of the country's political and security circles, as it is assumed to have an effect on who will take the law enforcement agency's top position.

The naming of Insp. Gen. Tito Karnavian as the new chief of the National Counterterrorism Agency (BNPT) is seen by many as a stepping stone for the 51-year-old to be the next National Police chief, although he faces competition from six other potential candidates.

The outgoing Jakarta Police chief will soon be the seventh and youngest among the three-star generals in the police force, all of whom are in line to become the next police chief. Tito will also be the first among his 1987 police academy batch, to be granted a three-star rank.

The other six are police deputy chief Comr. Gen. Budi Gunawan; police inspector general Comr. Gen. Dwi Priyatno; head of the National Police's security maintenance division Com. Gen. Putut Eko Bayuseno; Narcotics Agency (BNN) head Comr. Gen. Budi Waseso; Police educational institution head Comr. Gen. Syafruddin; and chief secretary at the National Resilience Institute Comr. Gen. Suhardi Alius.

Budi Gunawan and Dwi will both be retiring next year; Eko, Budi Waseso and Syafruddin in 2019; Suhardi in 2020 and Tito in 2022.

The National Police Commission (Kompolnas) said that Tito's promotion had increased his profile and opportunity to be the next police chief. "It won't happen now, but maybe it [police chief] will be his next job," Kompolnas commissioner M. Nasser said over the phone on Tuesday.

Nasser said Tito was a potential candidate as he had the outstanding track record and communication skills necessary to coordinate with different institutions. His achievements include the arrest of fugitive Tommy Soeharto, son of former president Soeharto, and the killing of terrorists Azahari Husin and Noordin M. Top, who were behind several major bomb attacks in the country in the past.

Apart from being the top graduate of the 1987 police academy class, Tito has also had the privilege of enjoying studies abroad and getting his MA in Police Studies from the UK's University of Exeter and a PhD in Strategic Studies from Singapore's Rajaratnam School of International Studies.

Police observers Adrianus Meliala and Erlangga Masdiana share Nasser's opinion about Tito's bright future. However, the public has lingering questions about the Jakarta Police's recent move to refuse to give the recent Turn Left Festival permission to be held in Taman Ismail Marzuki.

Nevertheless, analysts argue that the move was directed by policies at the higher level, such as those from the National Police Chief and top regional administrators. They were also of the opinion that the security situation in Jakarta will not be significantly affected.

Based on previous experience, personnel changes within the police force do not really change the management and arrangement of security forces in the country overall.

"Rotations and resultant different styles of leadership only affect 15 percent of the practice in the field. The rest remains the same, since police are only the executor of policies made by the institution itself as well as the regional and central governments," Adrianus told The Jakarta Post on Tuesday.

Adrianus is upbeat that Jakarta will remain safe next year under the new Jakarta Police chief Insp. Gen. Moechgiyarto, who is now West Java Police chief.

"Jakarta has seen more complex elections [of governors, councillors and presidents] in the past. The police have already achieved a state of best practice and they just need to repeat that," he added.

Source: http://www.thejakartapost.com/news/2016/03/16/tito-s-promotion-tightens-competition-police-chief-post.html

Foreign affairs & trade

Indonesia's exports grow, but still not out of woods

Jakarta Post - March 16, 2016

Ayomi Amindoni, Jakarta – Indonesia's exports to Japan and China, the country's traditional main markets, recorded positive growth in February from the month before, but accumulatively still recorded a decline year-to-date for the first two months of the year.

According to Central Statistics Agency (BPS) data, exports to Japan rose by 5.3 percent to US$1.11 billion last month from $1.05 billion in January, while exports to China increased 6.6 percent to $945 million from $886 million in January.

"Exports to Japan and China have shown an improvement, an increase on a monthly basis," BPS head Suryamin said at a press conference in Jakarta on Tuesday.

However, accumulative export figures from the first two months of 2016 showed that Indonesia's trade performance was still weak compared with the same period of 2015. Exports to Japan in January-February, at $2.16 billion, marked a 5.4 percent decrease from the same month last year, while exports to China at $1.83 billion recorded a 9.65 percent decline.

Japan is Indonesia's second-biggest export destination, with an 11 percent market share, followed by China at 9.37 percent. The United States, Indonesia's biggest export market, has a 12.15 share.

The agency's data showed that exports to the US in February dropped 6.8 percent month-on-month to $1.15 billion from $1.23 billion. Accumulatively, January-February exports to the US were down too, by 3 percent to $2.38 billion compared with last year's $2.45 billion.

In total, non-oil and gas exports in February were worth $10.19 billion, an increase of 8.67 percent from $9.37 billion in January. Nevertheless, on a year-to-date basis, January-February exports were down 9.89 percent to $19.56 billion from last year's $21.7 billion.

Indonesia exports to the US, Japan and China were mainly textile and textile products, electronics, rubber and rubber derivatives, palm oil, forest products, footwear, automotive products, shrimps, cocoa and coffee. Seventeen of Indonesia's total 24 commodities experienced an increase in February, Suryamin said. (sha/ags)(+)

Source: http://www.thejakartapost.com/news/2016/03/16/indonesias-exports-grow-still-not-out-woods.html

Trade surplus to continue in March: BPS

Jakarta Post - March 16, 2016

Ayomi Amindoni, Business – The Central Statistics Agency (BPS) has predicted a trade surplus recorded in the first two months of 2016 to continue in March, although slightly decreased as a result of an expected increase in imports.

BPS deputy head of distribution and statistics Sasmito Hadi Wibowo said he expected both export and import value to increase in March because the month spanned more trading days than February.

"The need for imported goods usually rises in March. We expect a small surplus," he said in Jakarta on Tuesday. Sasmito added his hope that the upward trend of the rupiah against the US dollar seen over the past few weeks would not have a significant impact on the country's exports in March.

The currency has appreciated below the psychological threshold of 13,000 per dollar as global funds have flowed into local stocks and bonds in the past few weeks, anticipating the result of the US Federal Open Meeting Committee (FOMC).

After recording a US$50.6 million trade surplus in January, Indonesia recorded a sharp surplus increase in February to $1.14 billion, owing to a 7.8 percent month-on-month (mom) rise in exports and a 2.91 percent decline in imports.

According to Coordinating Economics Minister Darmin Nasution, the slump in February imports indicates that many businesspeople have not yet realized their work plans. "They're not waiting, but they haven't realized [their plans] yet," Darmin said at the State Palace.

Earlier, BPS head Suryamin said that February's surplus was the biggest in five years. The country reported an $828.6 million surplus in February 2012, but stumbled to a deficit of $297.7 million a year later. The February trade balance returned to a surplus in 2014 and 2015, worth $843.4 million and $662.7 million, respectively. (ags)(+)

Source: http://www.thejakartapost.com/news/2016/03/16/trade-surplus-continue-march-bps.html

RI seeks to replace Singapore, Malaysia as regional logistics hub

Jakarta Post - March 11, 2016

Tassia Sipahutar, Jakarta – Indonesia is eyeing to take over the role of its neighboring countries as Southeast Asia's main logistics hub as the country launched on Thursday its first-ever bonded logistics centers (PLB) that will ease the flow of basic materials in and out of the country.

As many as 11 centers were simultaneously inaugurated by President Joko "Jokowi" Widodo in a ceremony that took place at a center operated by PT Cipta Krida Bahari in Cakung, North Jakarta.

In his speech, Jokowi said Indonesia, as the biggest economy in the region, had the potential to replace Singapore and Malaysia as Southeast Asia's logistics centers.

"This kind of logistics centers must be established on every island and in every province [in Indonesia]," the former furniture businessman told the audience.

"I hope that PLB businesspeople can soon bring overseas inventories into the country."

Among government officials attending the ceremony were Finance Minister Bambang Brodjonegoro, Communications and Information Minister Rudiantara and the Finance Ministry's director general of taxation, Ken Dwijugiasteadi.

The 11 centers – located in Jakarta (Cakung, Sunter), Banten (Merak), East Kalimantan (Balikpapan), West Java (Cibitung, Karawang, Cikarang and Subang) and Bali (Benoa and Denpasar) – are operated by various companies, including automotive firm PT Toyota Motor Manufacturing Indonesia, integrated explosive services provider PT Dahana and oil and gas services provider PT Petrosea.

The newly inaugurated centers will function as warehouses for imported goods, such as automotive spare parts, heavy equipment and oil and gas equipment.

According to a 2015 finance minister regulation (PMK), the goods can be stored at the centers for up to three years and will be temporarily exempted from import duty and import-related taxes during that period.

Their establishment is part of the government's second policy package – issued in September – that aims to slash logistics costs with their close proximity to several industrial areas, namely Cikarang, Cibitung in West Java and Balikpapan in East Kalimantan.

The centers are also expected to reduce dwelling time at ports, which is supposed to eventually jack up the country's business competitiveness in Southeast Asia.

At present, Indonesia ranks 109th on the World Bank's ease of doing business list, having risen by one notch only from last year's position. Singapore continues to top the list, while Malaysia sits at the 18th position.

The two neighbors fare better, as well, in terms of port dwelling time, with Singapore's at 1.5 days and Malaysia's at three days.

Indonesia's average dwelling time, on the other hand, reaches 4.3 days, as revealed by data from state-owned port operator Pelindo II.

"How can we compete with Malaysia and Singapore if our dwelling time remains higher than theirs? Our people are not less smart. Insha Allah [God willing], we will see dwelling time fall to three [days] around these months," Jokowi said.

The President reiterated his seriousness to deal with the matter, adding that heads would roll again if the target could not be achieved.

His remarks were a reminder of last year's Cabinet reshuffle when he replaced then trade minister Rachmat Gobel with Thomas Lembong, a move reportedly triggered by the high dwelling time.

Bambang said that the government was planning the establishment of 50 more bonded logistics centers across the archipelago in 2017.

"Hopefully we will become Southeast Asia's logistics hub within the next two to three years."

Meanwhile, Cipta Krida Bahari president director Iman Sjafei said that the government's decision to establish the logistics centers, which he claimed as a breakthrough, seemed to have triggered "psy-war" (psychological warfare) between Indonesia and Singapore.

"My client told me that Singapore had reduced its logistics-related fees to compete with Indonesia," he said, adding that the PLB's presence domestically could save his customer up to US$4 billion in storage and handling expenses.

Cipta Krida, a subsidiary of investment firm PT ABM Investama, plans to open new centers in Balikpapan, Samarinda in East Kalimantan, Surabaya in East Java and Banjarmasin in South Kalimantan.

"The process is ongoing. We have not decided on the goods to store yet. It will be up to our clients' demands," Iman said.

Source: http://www.thejakartapost.com/news/2016/03/11/ri-seeks-replace-singapore-malaysia-regional-logistics-hub.html

Mining & energy

Nuclear project lacks support from govt

Jakarta Post - March 16, 2016

Nani Afrida, Jakarta – The National Nuclear Energy Agency (Batan) has encouraged the government to provide more funding and ease regulatory processes for the construction of the country's first nuclear power plant (PLTN).

Batan chairman Djarot Sulistio Wisnubroto told The Jakarta Post on Tuesday that by making a quick decision, Indonesia would not experience more losses in the project, as it has suffered in previous years. "We will follow any decision from the government; for us there is nothing to lose," Djarot said.

Government support remains vital as Batan is still striving to construct a new mini nuclear power plant in Serpong, West Java. The reactor can produce 10-15 megavolts (MV) of electricity.

The agency has completed the project's road map and is waiting for budget disbursement to run the project. It was previously reported that the government has agreed to finance the project using state funds. Initially the project was estimated to cost Rp 1.7 trillion.

Djarot acknowledged that budget issues were a serious obstacle that had hampered Batan in realizing the project, as there had been no signs of disbursement from the government.

"Actually it is also possible to get soft loans from government-to-government [G2G] by working with countries that have advanced experience in nuclear technology. We will also benefit from technology transfer from them," Djarot said.

He said that last year, Batan signed a memorandum of understanding with Rusatom Overseas, a subsidiary of Russian state corporation Rosatom that promotes the country's nuclear technology globally and develops its foreign projects. On Monday, Research, Technology and Higher Education Minister Muhammad Nasir said the construction of the mini nuclear power plant in Serpong was on track, adding that the government was completing a detailed engineering design for the experimental power reactor.

"The project will start in 2018 or 2019," Nasir said as quoted by local media in Semarang, Central Java. He said the reactor will be for research and education purposes. "If it was for commercial or business purposes, we would need to wait for an order from President Joko Widodo," Nasir said.

He gave his assurances that the nuclear power plant would not have negative impacts on the environment or residents living nearby. "Batan has long experience in managing nuclear reactors in Indonesia, and so far there have been no serious problems," Nasir said.

Currently, Indonesia has three nuclear reactors for research and education purposes, located in Bandung, West Java; Yogyakarta; and Serpong. The government is also eyeing building two new reactors, in Bangka-Belitung and in Muria, Central Java.

Japan's Fukushima nuclear plant meltdown in 2011 sparked deep concerns about the safety of nuclear power worldwide, including in Indonesia. The tragedy reinforced antinuclear activism in the country, particularly in areas earmarked for PLTN construction in Central Java.

Djarot said growth in nuclear reactors was quite strong, as currently there are 68 reactors under construction worldwide, adding to 430 existing reactors around the globe. Japan has opened three new reactors since the Fukushima calamity.

Source: http://www.thejakartapost.com/news/2016/03/16/nuclear-project-lacks-support-govt.html

Police, military involved in illegal mining in national park

Jakarta Post - March 12, 2016

Ruslan Sangadji, Palu – Environmental activists have found indications that police and military personnel have been involved in illegal gold mining in the Lore Lindu National Park (TNLL) in the Poso and Sigi regencies.

The chairman of the Community Innovation Association (Imunitas), Shadiq, said that based on an investigation conducted by his organization, the illegal miners had allegedly received back-up from military and police officers for their operations.

"According to our investigation, the officers also participate in the mining activities. They also oversee the distribution of the minerals to Palu for further processing," he said recently.

Separately, Central Sulawesi Police spokesperson, Adj. Sr. Comr. Hari Suprapto, said that his office had also received reports about the involvement of police officers in the activities. However, he said, the police still needed to investigate the issue more to find solid proof. "Tough action will surely be taken should our members be involved," Hari said.

Some 1,000 people are currently illegally mining in a 4-hectare area around Dongi-Dongi village in the Sedoa subdistrict and are blamed for causing environmental damage to the national park.

Karsa Institute executive director Rahmat Saleh said that apart from police officers, two businessmen are also alleged to be involved as they were believed to have provided the trommels used to process the minerals. "In addition to the miners, these people must also be caught in order to totally curtail the illegal mining in the park," Rahmat said.

He said the illegal mining had damaged land located in the rehabilitation areas, creating unstable ground that could trigger floods and landslides during heavy rain. "The illegal mining also pollutes the Sopu River with toxic mercury and cyanide," said the SIKAP Institute's executive director, Muhammad Rifai Lahamu.

The mining, he said, violated a number of laws, including a 2013 law on the prevention and eradication of forest damage, a 1990 law on the conservation of biodiversity and ecosystems, a 2009 law on mineral and coal mining, a 1997 law on environment management and a 1999 law on forestry. "No law justifies the mining activities in the national park," Rifai said.

Meanwhile, TNLL office head Sudaryatna said that they would intensify patrols by working together with police and military officers to curb the illegal mining. "The joint operation to stop the activities will be conducted in the near future. Miners have to leave the area," he said.

The TNLL officially covers an area of 217,991.18 hectares. It is home to flora and fauna endemic to Sulawesi and offers interesting natural phenomena as a result of its being located on the Wallace Line, which is the transition line between the Asian and Australasian landmasses.

Located to the south of Donggala regency and to the west of Poso regency, the park is a water-catchment area for the three big rivers in the province, namely the Lariang, Gumbasa and Palu rivers.

The park is a habitat for Sulawesi's biggest native mammals including anoa, hog deer, deer, ghost monkeys, kakaktonkea monkeys, kuskus marsupials and civets. At least five different species of squirrels and 31 of 38 species of rats can also be found there.

Source: http://www.thejakartapost.com/news/2016/03/12/police-military-involved-illegal-mining-national-park.html

Government adamant about raw mineral export ban

Jakarta Post - March 11, 2016

Anton Hermansyah, Jakarta – Despite slow progress on the construction of new smelters due to weak commodity markets, the government insists it will not relax rules that prohibit the export of raw minerals in 2017.

"We are still referring to the 2009 law [on mineral and coal mining]. As long as it is not revised, the policy will still be implemented as stated in the law," Energy and Mineral Resources Minister Sudirman Said explained in Jakarta on Thursday.

Low commodity prices are giving mining companies headaches about their cash flow and hampering their ability to invest in the construction of smelters. Processing facilities will be needed if companies wish to continue exporting in 2017.

However, the government has refused to extend the deadline again. According to the law, unprocessed exports are no longer permitted five years after the law entered force in 2009. However, due to the price decline in global commodity markets that hit the industry, mineral exporters were unable to meet the deadline.

President Susilo Bambang Yudhoyono's administration then issued government and ministerial regulations in 2014 extending the deadline to 2017 for companies with a demonstrated commitment to establish processing facilities.

Indonesian Chamber of Commerce and Industry (Kadin) chairman Rosan Perkasa Roeslani asked the government to relax the law, pointing out that the weak commodity markets had hampered mining companies' financial performance. "Smelters are not cheap. We need to give them [businessmen] time to negotiate," he said.

However, Sudirman refuted that argument on the grounds that several companies had managed to finish their smelters despite the harsh market environment. "There are those who have finished constructing; if the government relaxes the rules, it will cause negative effects. We will consult with the House of Representatives on the current condition," he explained. (ags)

Source: http://www.thejakartapost.com/news/2016/03/11/govt-adamant-about-raw-mineral-export-ban.html

Infrastructure & development

More funding options sought to finance infrastructure projects

Jakarta Post - March 15, 2016

Grace D. Amianti, Jakarta – The government needs to explore funding options to fill the gap between financing demands and available funds for numerous construction projects, bankers and regulators have said.

Alternative funding options, such as the issuance of project-based debt papers, are needed, with the government earlier estimating the total funding needs for infrastructure projects over the next five years at Rp 5.5 quadrillion (US$421.9 billion). The government is seen to provide less than a quarter of that amount through the state budget, with the remainder intended to be filled through public-private partnerships (PPP) and other funding mechanisms.

Speaking at a seminar on Monday, Bank Mandiri finance and strategy director Kartika "Tiko" Wirjoatmodjo said the government still experienced capacity constraints in the financing of infrastructure projects, so it often turned to banks, which also had limited long-term funds.

In order to solve the mismatch between short-term funding and long-term financing needs in infrastructure, Tiko said banks often sought offshore loans, even though higher external debts left the lenders more exposed to currency risks.

On the other hand, he said the recent trend of declining time deposit rates due to Bank Indonesia's monetary easing had opened opportunities for pension funds and insurance companies, including the Workers Social Security Agency (BPJS Ketenagakerjaan), previously Jamsostek, to invest their funds in more attractive instruments.

With rising demand for attractive investment tools, Tiko said the government could allow companies and construction developers to structure various debt papers to be sold in the capital market and bought by pension funds and insurance companies as big fund holders.

"For instance, limited participation mutual funds [RDPT] based on underlying infrastructure projects will be attractive for insurance companies and pension funds to invest their money," he said.

Tiko added that Bank Mandiri's securities house subsidiary, Mandiri Sekuritas, was currently developing an RDPT scheme with underlying assets based on existing infrastructure projects and would target investors in the capital market.

The Financial Services Authority (OJK) has been encouraging investment managers and securities houses to develop RDPT schemes using infrastructure projects, especially power plants, as underlying assets.

OJK commissioner for capital market supervision Nurhaida said previously investment managers were allowed to develop RDPT for investors who wished to finance independent power producers (IPP) working on renewable energy projects.

According to Energy and Mineral Resources Ministry data, new renewable energy projects require investment of Rp 1.6 quadrillion to Rp 1.7 quadrillion, as the government expects them to contribute 25 percent of the total 35,000 megawatts of new power generating capacity across the country in five years.

On Monday, consultancy firm Deloitte Indonesia published a report called Jakarta Smart City, which highlights the capital's potential for development through improved infrastructure and other aspects with active participation of the government and the public.

At the publication event, Jakarta Governor Basuki "Ahok" Tjahaja Purnama said his administration had become the most open local government in the country thanks to an electronic budget system (e-budgeting) that gave the public insight into public spending, including on infrastructure projects.

"We are collaborating with the Corruption Eradication Commission to promote this e-budgeting program to other regional administrations, so it can be a good template for regency and city development," Ahok said.

Source: http://www.thejakartapost.com/news/2016/03/15/more-funding-options-sought-finance-infrastructure-projects.html

Economy & investment

Government to streamline licensing for business setup, industrial zones

Jakarta Post - March 16, 2016

Ina Parlina and Tassia Sipahutar, Jakarta – In another attempt to ease doing business in the country, the government is looking to trim more of the environmental and building permits currently required for business premises and industrial zones.

A limited Cabinet meeting on Tuesday decided to simplify various licenses, including those related to Environmental Impact Analysis (Amdal), and mulled scrapping principle permits for small and medium businesses and disturbance ordinance.

President Joko "Jokowi" Widodo reiterated in the meeting his earlier call to improve the country's ranking in the World Bank's ease of doing business survey and review whether policies are effective.

He said Indonesia should continue to seek breakthroughs in improving its business climate. "The President is merely irritated by the fact that there are so many [business] licenses," Investment Coordinating Board (BKPM) chief Franky Sibarani said after the meeting.

Indonesia currently ranks 109th on the World Bank's list, only one notch higher than last year's position. Singapore continues to top the list, while Malaysia sits in 18th position. The President aims for Indonesia to leap to 40th position this year.

Franky said various double permits – which are set based on two different regulations – would be streamlined, like the multiple Amdal permits and building permits required for companies.

As an example, he cited that at present there were two requirements to get a building permit – one related to spatial design conformity and location permit, and the other that a company is required to attain registration certificates (TDP) and business trading licenses (SIUP).

In terms of the building location permits, Franky said Agrarian and Spatial Planning Minister Ferry Baldan had agreed to revoke several regulations.

"The process for building permit issuance related to spatial design conformity and location will only refer to one regulation from the Public Works and Public Housing Ministry," Franky said. Other licenses, including the location permit and business location permit, will be scrapped.

Environment and Forestry Minister Siti Nurbaya Bakar said the government would eliminate Amdal requirements for industrial zone tenants. "At the moment, Amdal permits are required for both tenants and owners of industrial zones. We want to see only one Amdal, which is the one submitted by the owner."

Tenants will only be required to submit a detailed management and monitoring plan to the owner. By scrapping the Amdal requirement for tenants, the government will revert to an earlier regime from 2009, when there was only one Amdal requirement in place.

In addition to the environmental permit, the government is also mulling abolishing the disturbance ordinance, although further study is needed as it could potentially reduce locally derived income (PAD). Disturbance ordinance is currently issued by local administrations and regulated by the Regional Tax and Retribution Law.

The government is expected to issue a regulation that includes such changes, which would be made mandatory for local administrations. Home Minister Tjahjo Kumolo said his office would annul bylaws that would eventually only provide legal hurdles for businesses.

Source: http://www.thejakartapost.com/news/2016/03/16/govt-streamline-licensing-business-setup-industrial-zones.html

Rupiah returns to 12,900 level amid deregulation, low rate trend

Jakarta Post - March 12, 2016

Ayomi Amindoni, Jakarta – The rupiah closed 72 points stronger against the US dollar, leaving its 13,000 level to hit 12,980 at Friday's close. The currency is strengthening as a result of deregulation policies, President Joko "Jokowi" Widodo said recently.

Bank Himpunan Saudara money market analyst Rully Nova said developed countries' policy to maintain a zero benchmark interest rate, and even a negative interest rate in Japan, had given the rupiah the opportunity to move with an upward trend as global investors shifted their money to developing markets with a high yield.

"The positive yield in Indonesia makes rupiah denominated assets more attractive to investors. However, the swing in the fluctuation should not be too wide so local investors and businessmen can easily adjust to the change," he said as quoted by Antara news agency in Jakarta on Friday.

During the inauguration of a bonded logistics center on Thursday, Jokowi claimed that deregulation packages, along with positive monetary and market policies in Indonesia, had helped the rupiah to strengthen.

Jokowi underlined that the rupiah appreciation was not merely triggered by external factors. He asserted that both external and internal factors such as the good measures taken by the government had equally affected the strengthening of the rupiah.

"Both [triggered the rupiah appreciation]. If we did not undertake deregulation strategies, external factors will not help appreciation. In return, there were capital inflows. Automatically it [the rupiah] strengthened," he said.

An analyst at Platon Niaga Berjangka, Lukman Leong, added that the benign inflation trend in Indonesia should also support the rupiah to strengthen further this year.

"Low inflation may lead to a further slash in the Bank Indonesia rate, which in turn will lower the cost of bank loans significantly, which will help domestic consumption and support the economy," he said. (ags)

Source: http://www.thejakartapost.com/news/2016/03/12/rupiah-returns-12900-amid-deregulation-low-rate-trend.html

Experts call for government to develop service industry

Jakarta Post - March 10, 2016

Khoirul Amin, Jakarta – The government needs to pay more attention to the service sector, which is constantly growing, as commodity prices slump and the manufacturing industry faces flat growth, experts and industry players have said.

Mari Elka Pangestu, an economist and former trade minister, said Tuesday the service sector could be an alternative engine of growth and could serve as a tool to boost competitive advantage amid unfavorable commodity prices.

"Besides adding value to the manufacturing industry, it is also very much feasible to jack up trade with services," she said.

The government is now pushing hard to provide added value in the manufacturing industry to stimulate growth and offset low commodity and oil prices. The non-oil and gas manufacturing industry grew by only 5.04 percent last year, far lower than the initial target of around 6 percent.

Sigma Sembada Group chairman Chris Kanter said the service sector was of great importance for supporting national growth. "Infrastructure development has always been on top of the national agenda, but I think services also need to be made a priority," said Chris, who chairs the board of founders at the Indonesia Services Dialogue (ISD).

The services industry, which covers various sectors from transportation to communications, has made a growing contribution to gross domestic product (GDP), from 45 percent in 2000 to 55 percent in 2012, according to ISD data.

The data has also revealed that the service industry provided jobs to 21.7 million people from 2000 to 2010, far higher than the 2.2 million jobs created by the manufacturing industry during the same period.

Mari, who is also a former tourism and creative economy minister, said the government needed to be more open to foreign talent developing sectors that were lagging behind. "However, it must be assured that a transfer of knowledge and technology prevails," she said.

A member of the board of directors at cigarette giant PT HM Sampoerna, Yos Adiguna Ginting, said his company used various services throughout the manufacturing process. Its products rely on services such as logistics and packaging before arriving at end-consumers, he said, signaling that the potential for the service industry was huge.

Compared to regional peers like the Philippines and India, which are famous for their outsourced call center services, Indonesia is still lagging behind in providing services in the global value chain.

"Call centers probably aren't our strength, but graphic design, animation or anything to do with drawing or the arts; we win," said Mari when asked which service sectors the country could capitalize on.

In garment manufacturing, for example, the country should also aim to increase fashion design and eventually have its own brands, she added.

Arianto Patunru, a professor at the Australian National University (ANU), said developing global-standard education and hospital services would also be a great tool for preventing money from flowing overseas.

The Health Ministry has previously revealed that as many as 600,000 Indonesians traveled overseas for medical treatment in 2012, a surge from 350,000 people in 2010. It is also estimated that total medical spending by Indonesians overseas hit US$1.4 billion in 2012, up from only $500 million in 2010.

In an attempt to open up a discussion on services with the public, the ISD is set to hold the Sadli Lecture and the International Services Summit 2016 on April 12 in partnership with ANU and University of Indonesia.

Set to present at the summit are a number of high-ranking officials, such as Trade Minister Thomas Lembong, Coordinating Economic Minister Darmin Nasution and Transportation Minister Ignasius Jonan.

Source: http://www.thejakartapost.com/news/2016/03/10/experts-call-government-develop-service-industry.html

Analysis & opinion

Commentary: Indonesia's forgotten political prisoners

Jakarta Globe - March 16, 2016

Andreas Harsono – Johan Teterisa went from school teacher to political prisoner on June 29, 2007. On that day, he led a group of 27 Moluccan independence activists to join in the annual Family Day festivities at Merdeka Stadium in Ambon, the capital of Maluku province. The activists scandalized then-President Susilo Bambang Yudhoyono, who was in the audience with a group of foreign diplomats, by performing the Moluccan cakalele traditional war dance and unfurling the officially banned Republic of South Maluku (RMS) flag.

Johan and his fellow dancers were part of a long-simmering independence movement that has existed in the southern Moluccas since 1950, the year after Indonesia gained its independence internationally. That year, a group of Moluccan nationalists proclaimed the creation of the RMS in defiance of the Indonesian government's claim to the region. Ever since, Moluccan activists who advocate pro-independence views have risked arrest, prolonged detention and torture by Indonesian security forces.

Today, Johan and other Moluccan political prisoners are locked up far from their families and largely forgotten. I had a rare visit with them recently and found them in ailing health. The government needs to act to set them free.

Within days of the stadium stunt, police arrested Johan and 75 other activists. Police tortured many of them and within months an Ambon court had convicted 66 including Johan, for "treason," and sentenced them to prison terms of seven to 20 years.

The convictions were under articles 106 and 110 of the Indonesian Criminal Code, which effectively criminalize freedom of expression. In July 2007, Yudhoyono issued a presidential decree that criminalized the public display of pro-independence symbols. In Indonesia today, displaying flags or logos with the same features as "separatist movements" can still reap multi-decade prison terms.

Johan is one of 28 Moluccan political prisoners arrested in connection with the June 2007 protest and other Moluccan flag-raising events still behind bars. He says they are Indonesia's "forgotten political prisoners" because their plight has been overshadowed by a government focus on the political prisoners in Papua and West Papua. President Joko Widodo, better known as Jokowi, granted clemency last May to five Papuan political prisoners and released the high-profile Papuan political prisoner Filep Karma in November by a sentence remission. The government has not explored any such release strategy for the Moluccans.

On Jan. 21, I visited Johan and six other Moluccan political prisoners on Indonesia's forbidding prison island of Nusa Kambangan. That visit was the result of a special one-day permit that I Wayan Dusak, the director general for prisons at the Ministry of Law and Human Rights, issued to Filep. With the assistance of the Jakarta Legal Aid Institute (LBH Jakarta), Filep had lobbied the ministry to grant him a rare permit to visit the island's prisons. Filep received the permit on Jan. 20 and invited me to accompany him.

The visit was sobering. Johan and the six other Moluccan political prisoners, who are detained in two prisons on the island, suffer not only from official neglect, but from isolation. Nusa Kambangan is 3,000 kilometers from Ambon, which severely handicaps the Moluccan prisoners' ability to stay in close touch with their friends and family members. Since their 2009 transfer to Nusa Kambangan, none of the Moluccan prisoners have had any visits from friends and family. The others are Ruben Saija, Yohanis Saija, Jordan Saija, Abner Litamahuputty, Romanus Batseran and John Marcus.

Their families cannot afford to fly to Java from Ambon, and reaching Nusa Kambangan over land and by boat poses near-insurmountable challenges. Isolation has taken a profound emotional and psychological toll on the men there. Ruben Saija, serving a 20-year sentence for his June 2007 protest dance, told me that that he tried to commit suicide by drinking pesticide on the day of his 9-year-old daughter's baptism back on Haruku Island, near Ambon, in December 2015. "That day I felt helpless," he said. "It was my darkest day."

The political prisoners on Nusa Kambangan have refused to apply for a presidential pardon, claiming that it would imply an admission of guilt. They would accept amnesties or an abolition of their prison sentences. However, the Indonesian House of Representatives, which has the power to approve such measures, has yet to respond to Jokowi's proposal last May to release all political prisoners in Indonesia.

Time may be running out for these men. A combination of the effects of torture, poor living conditions, and inadequate medical care has seriously harmed their health. Johan, who is 55, suffers from painful and debilitating arteriosclerosis. Ruben is now a gaunt 32-year-old whose chronic kidney problems frequently make him urinate blood. He told me that he lacked the money to purchase medication to treat his illness.Batseran is similarly gaunt, the result of a bout of tuberculosis after he arrived on Nusa Kambangan. Government action is needed now.

Jokowi's law and human rights minister, Yasonna Laoly, and Dusak, his prison director general, should take the initiative to accelerate the release of these forgotten political prisoners through amnesty, clemency or sentence reductions. In the meantime, the government should immediately approve a transfer of Moluccan prisoners from Nusa Kambangan back to Ambon, closer to their families.

Most importantly, the Jokowi government should abolish the 2007 presidential decree that criminalizes the display of pro-independence symbols. As long as that decree remains on the books, Indonesians are at risk of lengthy imprisonment for doing nothing more than peacefully exercising their right to freedom of expression.

[Andreas Harsono is Indonesia researcher at Human Rights Watch. He has researched and written about political prisoners in eastern Indonesia since 2003.]

Source: http://jakartaglobe.beritasatu.com/opinion/commentary-indonesias-forgotten-political-prisoners/