Jayapura, Jubi – Papua legislator Laurenzus Kadepa reminded both current and future regional heads in Papua to urge the Central Government to change its military approach to Papua and put an end to human rights violations.

A member of Commission I of the Papua Legislative Council for Government, Politics, Legal and Human Rights Affairs, Kadepa warned the Indonesian government that international support for Papua has increased.

"It is impossible for other countries, especially the countries in Pacific, to pay attention to Indonesia without any reasons, whether it has done a historical mistake or whatever. It would also become the task of the elected heads to correct the mistakes that occurred in Papua. It's not only the Central Government's responsibility, because the local heads are the extended of the Central Government in the province and municipal/regency," Kadepa told Jubi by phone on Thursday (29/9/2016).

The local heads should also follow the current dynamics, in particular on the Papua issue upon the international community instead of being paid and do nothing but let the State become a spotlight and take all the responsibilities. The local heads in Papua have a duty to assist the State to find a resolution of Papua issue and change the method of approach towards Papuan people.

"The regional heads should not only build their own good image in the media everyday and do not understand about the Papua issue and where the direction of the State would go. Do not just say that you stand for the unison of the Republic of Indonesia but do not understand about the State's internal issue. They should able to see this dynamics globally for being able to help the Central Government in correcting the system that was applied for Papua, especially the military approach," he said.

He said although the regional heads in Papua are from many different political parties, but they should be united to see the progress in Papua and urge the Central Government to change their method towards Papua that tends to see Papua from the political side.

"As the result the approach used for Papua is the military system and it is only to raise the issue of free Papua and the international community's support. The world's intervention towards Papua issue is like a slap in the face. Now, there are not only six countries showing their supports to Papua but seven. If the condition in Papua are not changing, it would gain many more supports," he added.

Separately, another Papua legislator Ruben Magai said the international supports towards Papua have described about something wrong has been happened in Papua.

"It means that something wrong was considered happening. Other countries would not continuously highlight it if nothing is not wrong," said Magai. According to him, it cannot be denied that the Papua issue has been worldwide. Other countries always keep monitoring the progress of Papua, especially the countries in the Pacific region. (*/rom)

Source: http://tabloidjubi.com/eng/regional-heads-papua-unite-end-military-approach/

Melanesian solidarity summit today

Vanuatu Daily Post - September 29, 2016

Godwin Ligo – The Vanuatu West Papua Association is hosting a "Wantok Summit" for Free West Papua Civil Society Organization support group in the Melanesian region of Vanuatu, Solomon Islands, Kanaky, Fiji, Papua New Guinea and West Papua at the Vanuatu Christian Council (VCC) office, 8.30 am today.

The Summit is being held in parallel with the MSG Leader's Summit in Port Vila which the Daily Post understands will take place on the 3rd and 4th of October 2016. The theme for the Melanesian Associations in support for West Papua full membership in the MSG is "Melanesian Solidarity".

According to the Chairman of the Vanuatu West Papua Association, Pastor Allan Nafuki, the three-day summit will focus on the issues of Defining "Melanesia; its cultures, language heritage, ethnicity, Impact of colonization on Melanesian solidarity, how Melanesian countries are advocating for Melanesian Solidarity, Restoring the Melanesian Solidarity and what can Melanesians do together in this regard and winding up the Summit with a Melanesian Government heads Reconciliation customary ceremony on Saturday to be facilitated by the Vanuatu Malvafumauri National Council of Chiefs.

Some prominent Melanesian figures behind the support for West Papua full MSG membership include; Benny Wendy, Spokesman for the United Liberation Movement for West Papua, Damson Faisi, Chairman of the Solomon Islands in Solidarity for West Papua, Joko Peter Kassey, of the Free West Papua – PNG Chapter and West Papua Refugee Relief Association, Inco, as others from Fiji and Papua New Guinea were expected to be in Port Vila for the summit.

Without commenting further, the Chairman of the Vanuatu West Papua Association Pastor Allan Nafuki, said a press communique will be issued at the end of the summit on the resolutions.

Source: http://dailypost.vu/news/melanesian-solidarity-summit-today/article_286ac5b5-b3e6-503a-98cc-8bd2d49bd447.html

Amnesty wants security for Papuan leader

Radio New Zealand International - September 29, 2016

Amnesty International has urged the Indonesian and local authorities in Papua to implement immediate and effective measures to ensure security of Agustinus Aud, who is the spokesperson of the West Papuan National Committee.

This follows reports of a weekend abduction attempt by about 10 men in plain clothes, who claimed to be police. The report says after some of the men had smashed some parts of his window, Mr Aud saw that two of the men were armed with rifles.

He reportedly refused to come out and managed to make a phone call to his friends asking them to immediately come to his house. As soon as they arrived, the men left.

Amnesty has called for a full and impartial investigation into the attempted abduction and other threats against Mr Aud, publish the results and bring those responsible to justice in fair trials.

This incident comes amid a debate at the UN over human rights violations committed by Indonesian forces with impunity.

Source: http://www.radionz.co.nz/international/pacific-news/314499/amnesty-wants-security-for-papuan-leader

West Papua remains a part of Indonesia: PNG Govt

Pina - September 28, 2016

The Papua New Guinea Government has reiterated its stance on the West Papua issue, saying that the Papua Province remains an integral part of Indonesia.

This follows the attendance of the PNG delegation led by Foreign Affairs Minister, Rimbink Pato, to the United Nations General Assembly meeting where several Pacific Island nations raised the West Papua issue.

Minister Pato responded, during a media conference, saying that PNG's position has been clear as announced during various regional meetings.

"We have a very strong relationship with government and people of Indonesia, we have a whole range of agreements and treaties that govern our relationship," said Pato.

"So our position is that as far as West Papua or the Papua Province is concerned, they remain an integral part of the Republic of Indonesia."

Minister Pato said human rights abuse allegations and the issue of self-determination can be raised through the proper forums in accordance with the principles of international law.

"There are institutions globally, including the UN systems, who will deal with those issues and we don't have an issue with that, I don't think Indonesia has an issue with that," said Pato. "These are matters that we agree that need to be looked at. (Loop Vanuatu/Pacnews)

Source: http://www.pina.com.fj/?p=pacnews&m=read&o=210533973757ec8f8db03c616f6c9d

Talk of tackling Papuan rights violations only to appease international critics

Tabloid JUBI - September 28, 2016

Jayapura, Jubi – Talk of settling cases of human rights violations in Papua is only aimed at pacifying the criticism of the international community, the coordinator of human rights group Kontras Jakarta, Haris Azhar, told Jubi on Tuesday (27/9/2016).

He was responding to a meeting of the Minister of Politic, Legal, Human Rights and Security Affairs Wiranto with Papua and Papua Barat Police, the representatives of Attorney General, Ministry of Foreign Affairs, National Human Rights Commission and Papua human rights activists on Thursday (22/9) in Jakarta.

"The memories and suffering of Papuans have not become a lesson learned for today's government. Jakarta and Joko Widodo's administration are not sensitive," said Haris.

As consequence, he said, what is applied by the state is only an image through a statement to other statement. Even it went to the UN plenary meeting in a last few days in New York.

"My assumption, the Indonesian's plan to apply as a temporarily member at the UN Security Council is intended to block international voices against Indonesia because of the Papua issue, as the one of the reasons," he said.

Haris also said attempts by the Minister of Politics, Legal, Human Rights and Security Affairs as well as other state's institutions to get input and suggestions in order to settle the case of alleged severe human rights violations in Papua, as an inefficient mechanism. He also told about the problem related to the performance of government's control, such as the role of deputies of the Presidential Staff Office (KSP).

"Under the KSP, there are deputies, who said are the military experts. Well, why did the human rights perpetrators in Papua couldn't report to the president, or did it be ignored? It means KSP is less important than military?" he said.

For the example, the appointment of Major General Hartomo who involved in the murder case of Theys Elluay, as BAIS Chief. According to Azhar, it was occurred because the Joko Widodo's administration is an unrespected human rights administration.

"I am personally concern to my brothers in Papua who were trapped to elect the President Widodo in 2014," he said.

Haris Azhar admitted in general he was hardly to understand on the today's government that seems want to solve the Papua issues with many problems of human rights violation, on the other hand the strategic position of the policy makers related to the fulfillment and protection of human rights violations are under those who had a record on severe human rights violations.

"For example, Wiranto as the Coordinating Minister of Politic, Legal, Human Rights and Security Affairs, his name was recorded as the responsible person for some human rights violations cases including East Timor 1999, Student Shooting incident 1998, Semanggi I and Semanggi II incidents. The worst is those cases never been resolved until now," he said.

Such situation, he said, triggered the controversial and trauma. "It's controversial for a question whether this figure could be dealing with the human rights violations? Also Papuans might have traumatic with the military figure who handle this case," he said.

He asserted this situation is a prove that President Joko Widodo doesn't care and doesn't understand about the problem of this nation, including and especially the problem related to the Indonesian Government's mistakes in treating people and Papuan community.

In response the coordination meeting held by Minister Wiranto on last Thursday, Latifah Anum Siregar, lawyer form Alliance for Democracy in Papua (AIDP) reasserted that since the beginning the integrated team under this ministry to solve the human right violation cases in Papua has not had the formal legality.

"Team received many responses due to their inability to solve the human rights cases in Papua," said Siregar to Jubi on Sunday (25/9/2016). She said they don't have the authority to determine the what cases should be solved.

"Because according to the Law no 39 Year 1999 the investigation authority is on the hand of the Indonesian Human Rights Commission and Attorney General. So that team had no formal legality to solve the human rights violation cases," he said.

When he was sworn replacing Luhut Binsar Panjaitan as the Coordinating Minister of Politic, Legal and Security Affairs, Wirantos said he would settle the human right violation cases. He promised to solve it fairly and referred to the national interest.

"I will continue and solve the human rights problem in a fair, transparent, dignified, but it shouldn't harm the national interest. Because it is still the number one," said Wiranto as cited by CNN Indonesia.

According to him, the former Minister Luhut Binsar Panjaitan has attempted to solve the severe human rights violations in the past. (*/rom)

Source: http://tabloidjubi.com/eng/talk-tackling-papuan-rights-violations-appease-international-critics/

Indonesia accuses Pacific countries of interference

Radio New Zealand International - September 26, 2016

Indonesia has accused a number of Pacific Islands countries of interfering in its domestic matters regarding West Papua at the United Nations.

The accusation during the UN General Assembly came after leaders from six Pacific countries – Vanuatu, Solomon Islands, Tonga, Nauru, the Marshall Islands and Tuvalu – expressed concern about human rights abuses in Papua.

Calls for Papuan self-determination rights to be respected were also made by some of the leaders during this 71st session of the general assembly debate.

"Human rights violations in West Papua and the pursuit for self-determination of West Papua are two sides of the same coin," said the Prime Minister of Solomon Islands, Manasseh Sogavare.

"Many reports on human rights violations in West Papua emphasise the inherent corroboration between the right to self-determination that results in direct violations of human rights by Indonesia in its attempts to smother any form of opposition."

In a call echoed by the other Pacific leaders, Marshall Islands President Hilda Heine urged the UN Human Rights Council to initiate a credible investigation of violations in West Papua.

While Indonesia's Vice-President, Muhammad Jusuf Kalla, did not address Papua in his speech at the session, Jakarta's response to Pacific governments' criticism came from an official at Indonesia's permanent mission to the UN.

Nara Masista Rakhmatia said her government was shocked to hear the island countries' claims about Papua when discussion at the session should have been about sustainable development goals and the global response to climate change.

"The same leaders chose instead to violate the UN charter by interfering in other countries' sovereignty and violating its territorial integrity," she said.

She said her government categorically rejected accusations of rights abuses in Papua, and that they reflected an unfortunate misunderstanding of the history of Indonesia and its current progressive developments.

Ms Rakhmatia singled out Vanuatu and Solomon Islands in particular, suggesting other countries with human rights problems shouldn't point the finger at Indonesia.

"Their politically motivated statements were designed to support separatist groups in the said provinces [West Papua and Papua] who have consistently engaged in inciting public disorder and in conducting armed terrorist attacks."

The official reiterated Jakarta's stand that it had mechanisms in place to deal with human rights abuses in Papua.

"With such a vibrant national democracy, coupled with the highest commitment to the promotion and protection of human rights at all levels, it would be nearly impossible for any human rights allegations to go un-noticed and un-scrutinised," she said.

Jakarta, however, maintains restrictions on access to Papua for leading international humanitarian and rights organisations such as the International Committee of the Red Cross and Amnesty International.

Furthermore, Indonesian police chiefs in Papua region have taken a strict line on a series of large, peaceful demonstrations by Papuans calling for self-determination in recent months, resulting in mass arrests in some cases.

The prime minister of Tuvalu, Enele Sopoaga, said that the UN could not and must not ignore the "deplorable situations" in Papua by hiding "behind the guise of the principles of non-interference and sovereignty".

"The UN must act on this issue and find a workable solution to give autonomy to the indigenous peoples of West Papua," he said.

Source: http://www.radionz.co.nz/international/pacific-news/314234/indonesia-accuses-pacific-countries-of-interference

Indonesia responds to leaders of six Pacific countries on West Papua claims

PNG Today - September 25, 2016

A representative of Indonesia attacked leaders of Solomon Islands, Vanuatu, Nauru, Marshall Islands, Tuvalu and Tonga for what she claims was 'lack of understanding on the history and progressive developments' happening in these two provinces.'

She exhorted the Pacific Leaders to stick to discussing the impacts of climate change than 'interfere in Indonesia's sovereignty and territorial integrity.'

"Indonesia is shocked to hear that at this august body where leaders are gathered to debate the early implementation of Sustainable Development Goals (SDGs), the transformation of our collective actions and other global challenges such as climate change, of which the Pacific countries are affected the most, the said leaders chose instead to violate the UN charter by interfering in other country's sovereignty and violating its territorial integrity.'

"We categorically reject the continuing insinuations in their statements. They clearly reflect an unfortunate lack of understanding of the history, current developments and on-going progressive developments in Indonesia including the provinces of Papua and West Papua.'

The Indonesian diplomat said the statements by the six Pacific Leaders were 'politically motivated designed to support separatist groups in the two provinces who have consistently engaged inciting public disorder and conducting armed terrorist attacks on civilian and security personnel.'

"Evidently, the statements by those leaders clearly violates the purposes and objectives of the UN Charter and violates the principles of friendly nations amongst states as well as the sovereignty and territorial integrity of states.

She claimed the Pacific states are using the General Assembly to advance their domestic agenda and for some countries to divert attention from political and social problems at home.

"These countries are using false and fabricated information as the basis of their statements. The conduct of these countries undermine the UN charter and are detrimental to the credibility of this assembly, said the Indonesian diplomat.

She maintains that Indonesia's commitment to the protection of human rights is unquestionable. Indonesia is a founding member of the UN Human Rights Council and has sat as member of the council for three previous periods and is now serving its fourth term.

"Indonesia is among few countries who have a continued national action plan on Human Rights, active national and robust national commission on human rights since 1993, vibrant civil society and free media. We have a full fledge democracy in full function.

"It would be nearly impossible for any human rights allegations to go unnoticed and unscrutinised. We have domestic mechanisms in place at the national level and at provincial level in Papua and West Papua."

She said Indonesia will continue to focus on the development of Papua and West Papua provinces in the best interest of all and ended with a well-known saying in the Asia Pacific region, 'when one points the index finger to others, the thumb finger automatically points to one's face. (Source: Pacnews)

Source: http://news.pngfacts.com/2016/09/indonesia-responds-to-leaders-of-six.html

Three shot on military truck in Puncak Jaya

Jakarta Post - September 24, 2016

Nethy Dharma Somba, Jayapura – Three people were injured when a military truck was shot at in Kota Mulia, Puncak Jaya, Papua, on Saturday.

A civilian identified as Winingga Tabuni, 25, was shot in the chest, while Second Sgt. Susanto was shot in the left arm and Second Sgt. Suparman, the driver, was hit in the left leg.

The truck, belonging to the Puncak Jaya Military Command, was returning to base in Kota Mulia from Puncak Senyum after fetching timber that was to be used to build honai (traditional Papuan houses).

"There were no fatalities, only injured victims," Cenderawasih Military Command spokesperson Col. Teguh Rahardjo said Saturday.

The civilian was a local contracted to build honai for the people. Indonesian Military chief Gen. Gatot Nurmantyo had ordered soldiers to build honai in cooperation with locals, Teguh said.

On Sept. 12, a contract teacher, Ezra Patatang, 27, was shot dead in Kota Baru, Puncak Jaya. The police are hunting down the unidentified shooters, Teguh said. (evi)

Source: http://www.thejakartapost.com/news/2016/09/24/three-shot-on-military-truck-in-puncak-jaya.html

18 young Papuans reportedly shot by security forces since Paniai incident

Tabloid JUBI - September 24, 2016

Jayapura, Jubi – Since the shooting incident in Karel Gobay Square, Enarotali, Paniai, that killed four students, security forces have shot 18 Papuans aged 14-19, eight of them fatally. It has become a new trend of violence in Papua.

The incident at Karel Gobay Square on 8 December 2014 killed Yulian Yeimo (17), Simon Degei (18), Alpius Gobay (18) and Alpius Youw (17). Some civilians were also injured by bullets during the violence. The Police have not name any suspect even after though more than eight investigation teams have been involved in this case.

A teenager called Inter Segenil (16) also been shot by security personnel in Yahukimo on 21 March 2015 after the dissolution of fundraising event held by the West Papua National Committee. Besides him, Isai Dapla (37), Salomon Pahabol (47), Titus Giban (39),Simson Giban (42) and Obang Sengenil (48) also hit by the bullets in this incident.

On Thursday, 25 June 2016, a teenager Yoseni Agapa (15) was dead and the rest of seven was injured when some ununiformed people opened fire towards eight civilians in Ugapuga, Kamu Timur, Dogiyai Sub-district. Five of seven injured victims are teenagers, namely Melianus Mote (16), Podepai Agapa (14), Yulius Agapa (17), Yunias Agapa (16), Feri Goo (15). Two other victims, Neles Douw and Menki Agapa were accused for being blocked the street that triggered the shooting.

On 17 July 2015, another incident occurred during the Ied praying at Karubaga, Tolikara when the Evangelist Church Youngster in Indonesia (GIDI) held the church event from 13 to 19 July in Karubaga intended to negotiate with the Muslims to not using the speakers during the Ied praying in the yard, have been shot by security forces that also in the scene for praying. As the result, Edi Wanimbo, 15 years old teenager was dead with the bullet hit on his stomach. Eight people were also wounded in this incident.

The shooting incident that murdered another teenager was occurred in Timika on 28 August 2015. Student Martinus Imaputa (17) was shot on the left chest, while Amalia Apoka (girl, 19) was shot on right foot by military personnel from Military District Command 1701 Timika. Two were dead in this incident that was occurred after the Kamoro tribe art festival in Koperapoka. Two dead victims are Imanuel Herman Mairimau (23) and Yulianus Okoware (23).

Kalep Zera Bagau (18) and Efrado I. S. Sabarofek (17), the students of Vocational High School (SMK) Petra, Timika and Efrando I.S.Sabarofek (17) are the next victims. The police shot both students on 28 September 2015 in Gorong-Gorong Timika. Kalep was dead. The Police said both students were involved in the attack on the house of Timika resident. But the family denied they were involved in the attack and burning of the resident's house.

In 2016, Mobile Brigade personnel shot Otinus Sondegau (16) in Sugapa. He was killed in front of his own house on 27 August 2016 for the accusation being involved in a blockage in Sugapa traditional market. As the result of this shooting, his family was irritated and Sugapa people burned Sugapa Police Station.

Another incident happened in this September. On 14 September, two personnel of Water and Air Police (Polairud/Polair) beat Melky Balagaize (19) in Wanam Wogikel, Ilwayab Sub-district, Merauke Regency after return from the Karaoke Club with his friends. The Police said he was drunk and made noise as well as brought the sharp weapon to run after the local resident. But the family declined the police's statement. Melky's brother, Seimon Petrus Balagaize, said the officers who beat his brother were also drunk.

Of these cases mentioned above, only three cases that reportedly taken to the court for legal and ethics process by each institution of the perpetrators. The three cases are Koperapoka case that involved the military personnel, Gorong-Gorong case that involved the police officer, and Sugapa case that involved the Papua Mobile Brigade personnel. (*/rom)

Source: http://tabloidjubi.com/eng/18-young-papuans-reportedly-shot-security-forces-since-paniai-incident/

Government renews vows to solve rights abuse cases in Papua

Jakarta Post - September 23, 2016

Marguerite Afra Sapiie, Jakarta – Coordinating Political, Legal and Security Affairs Minister Wiranto has admitted that the authorities faced numerous obstacles in resolving human rights abuse cases in Papua.

"The obstacles include a lack of evidence to prove some of the allegations. We also see, in several cases, a lack of witnesses to testify, since the cases occurred years ago," Wiranto told journalists on Thursday.

Nevertheless, he reiterated that the government remained committed to settling rights abuse cases, claiming law enforcers had made some progress by intensifying investigation efforts to deal with gross violations in Papua, so that the cases could be immediately prosecuted at the Attorney General's Office.

Similarly, Papua Police chief Insp. Gen. Paulus Waterpauw said there were some difficult cases that the force was currently trying to settle, including the incident during the third Papuan People's Congress in 2011, when action by police and military officials to disperse the crowd allegedly resulted in the death of at least three Papuans.

Aside from that case, Papuan Police were currently handling three other cases, namely the Wamena incidents, the Yapen Waropen case, as well as the disappearance of Aristoteles Masoka, the driver of Theys Hiyo Eluay, one of Papua's best-known separatist leaders, Paulus said.

Meanwhile, other cases on a list of 12 incidents of alleged gross human rights violations in Papua, including the 2003 Wasior incident and the Paniai shooting of 2014, were being investigated by the National Commission on Human Rights (Komnas HAM) and the AGO. (dmr)

Source: http://www.thejakartapost.com/news/2016/09/23/govt-renews-vows-to-solve-rights-abuse-cases-in-papua.html

Aceh

Aceh governor hopefuls take Quran recitation test

Jakarta Post - September 29, 2016

Jakarta – Six pairs of Aceh governor and deputy governor hopefuls took a Quran recitation test on Wednesday as one of the local requirements to compete in the 2017 election.

The six pairs conducted the test in Aceh's Baiturrahman Grand Mosque in Banda Aceh on Wednesday morning. The candidates were Zaini Abdullah-Nasaruddin, Abdullah Puteh-Sayed Mustafa, Irwandi Yusuf-Nova Iriansyah, Tarmizi Karim-T Muksalmina, Zakaria Saman-T Alaidinsyah, and Muzakkir Manaf-TA Khalid.

Aceh Independent Elections Commission (KIP) chairman Ridwan Hadi said the test was one of the requirements that must be fulfilled by candidates. The test is applied to all hopefuls running in Aceh regional elections. Besides the gubernatorial election, 20 regencies and municipalities in Aceh will also hold simultaneous regional elections next year.

"The Quran reciting requirement only applies in Aceh and hopefuls that cannot read the Quran at all will not pass the candidacy [process]," he said as reported by kompas.com.

The KIP will not only assess the hopefuls on their ability to read the Quran verses but also how the future local leaders can implement the leadership values as stated in the Quran.

All hopefuls passed the Quran test, an improvement compared to the previous elections where the commission found would-be candidates that could not recite the Quran.

After the test, Ridwan also reminded all the gubernatorial hopefuls to contribute to creating a peaceful atmosphere for the regional elections in Aceh. Security must be maintained until the western-most province elected its new leaders, he added. (rin)

Source: http://www.thejakartapost.com/news/2016/09/29/aceh-governor-hopefuls-take-quran-recitation-test.html

Human rights & justice

Uncen students host screening of documentary on human rights defender Munir

Jakarta Globe - September 30, 2016

Jayapura, Jubi – Students at Cenderawasih University hosted a screening of a documentary about the human rights defender Munir Salid Talib, known as Munir, at the Cenderawasih University Auditorium in Jayapura on Wednesday (28/9/2-16).

The Chairman of Muslim Students Association (HMI) of Politics and Social Science Faculty Commissariat Putra Rumagia said the figure of Munir is needed in the current day because he fought for human rights. "Today a figure like him has already gone.

From the movie, we could see that he is very firmly in fighting against injustice in this republic," he told Jubi on Thursday (29/09/16).

According to Rumagia, Munir is the firm, discipline and very brave figure in defending justice of each violations made by the state. "We hope this nation could be more advance and respect all people who fight for human rights and human independence as well," he said.

The Chairman of Student Executive Agency of Cenderawasih University Dony Gobay said the figure of Munir could not found in this era. "In this modern era, there are many human rights violations occurred in Papua," he said.

Through this screening event, Gobay expected the new generation would remind the flashback of a human rights defender. "Fighting the truth would become a reality, because the most important for a human right defender is to always keep fighting," he said.

It means, he added, there is nothing without values with what have been fought by Munir in several years ago that could be momorized today. "It is very important and recorded in the history about human rights defenders in this country," he said.

Muir was poisoned on 7 September 2004 when travelling from Indonesia to Amsterdam, Netherlands with Garuda Airlines.(*/rom)

Source: http://tabloidjubi.com/eng/uncen-students-host-screening-documentary-human-rights-defender-munir/

UN to grill RI on rising rights abuses

Jakarta Post - September 29, 2016

Hans Nicholas Jong, Jakarta – The government is expected to have a hard time defending its human rights record in front of the UN Human Rights Council's (UNHRC) upcoming Universal Periodic Review (UPR) after a group of civil society organizations submitted a condemnatory report to the UN.

The group, consisting of human rights organizations such as the Human Rights Working Group (HRWG) and the Institute for Criminal Justice Reform (ICJR), submitted last week 15 reports, which detailed the government's failure to protect human rights.

The UPR is the first international human rights mechanism to address all countries and all human rights by periodically examining the human rights performance of all 193 UN member states every four-and-a-half years. It is a compulsory mechanism for any UN member, regardless of its size or influence.

The UPR working group is expected to use the submitted report from the civil society groups as a reference for when Indonesia's human rights record will be reviewed in its third session, to be held in Geneva in May 2017. "The first report is a general report that highlights human rights violation cases in Indonesia," HRWG executive director Muhammad Hafiz said.

In general, the government has done a poor job in protecting human rights as it only followed up 20 percent of the UPR's recommendations, made after Indonesia was last reviewed in 2012, he said.

Indonesia received 180 recommendations, of which 144 were accepted by the government and the remaining 36 recommendations are set to be reviewed for further consideration.

There were some recommendations that were fully implemented, such as ratifying international conventions on migrant workers and on disabled people, Hafiz said.

Other recommendations, meanwhile, were only partially implemented, such as revising the bill on religious harmony, which was undertaken by the Religious Affairs Ministry in 2014, only for the revision process to get bogged down, he added.

Another recommendation that was not followed up was related to the issue of abuse of the freedoms of expression and religion, a problem that has been escalating in recent years.

A religious freedom watchdog, the Wahid Institute, recorded 190 violations of freedom of religion and faith in 2015, a 23 percent increase from 154 cases in 2014. The violations were mostly in the form of sealing places of worship and the prohibition of their construction, as well as obstructing celebrations or the performance of rituals of certain faiths.

Abuse of freedom of religion also comes in the form of discriminatory bylaws, as there are 57 bylaws across the country that discriminate against certain religious groups and could endanger the country's pluralism, according to data from rights group Setara Institute.

With the government failing to implement most of the UPR's recommendations as well as recent developments on human rights violation cases, such as the government's decision to expedite the execution of death row convicts, Indonesia will have an even more difficult time answering questions from the UPR, ICJR executive director Supriyadi Widodo Eddyono said.

"There must have been a lot of critical questions for Indonesia, such as the use of the death penalty and makar [treason] in Papua," he told The Jakarta Post.

Supriyadi was referring to the Indonesian authorities' decision to use articles 106 and 110 of the Criminal Code to criminalize dozens of peaceful Papuan pro-independence political activists over the last decade.

During the 71st session of the UN General Assembly in New York, Pacific countries expressed their deep concern over continuing human rights violations in West Papua and called on the UN to take concrete measures to address the matter and urged the Indonesian government to solve the problems.

The statements were strongly rejected by Indonesia's delegation, saying that the criticism was politically motivated and designed to draw attention away from problems in their own countries.

Nara Masista Rakhmatia, an official at Indonesia's permanent mission to the UN, accused the countries of interfering in Indonesia's national sovereignty.

"Their politically motivated statements were designed to support separatist groups in the said provinces, who have consistently engaged in inciting public disorder and in conducting armed terrorist attacks," she said.

Source: http://www.thejakartapost.com/news/2016/09/29/un-grill-ri-rising-rights-abuses.html

Most UNHRC recommendations are not properly implemented: Rights activist

Jakarta Post - September 27, 2016

Marguerite Afra Sapiie, Jakarta – The government has yet to maximize efforts to comply with UN Human Rights Council (UNHRC) recommendations, including with regard to resolving human rights abuse cases and offering better protection to religious minority groups, a rights activist has said.

"In human rights, what matters is the impact of the policy, whether the people who suffer and the victims of the violations feel as though their rights have been fulfilled. The government has failed to address the discrimination that all victims and sufferers go through," Muhammad Hafiz of the Human Rights Working Group (HRWG) said on Monday.

The 2012 UNHRC's universal periodic review requested that Indonesia, among others, amend or revoke laws and regulations that banned religious freedom, to allow foreign journalists free access to Papua and West Papua and to allow the entry of the UN special rapporteurs on indigenous people and minority groups into the country.

Hafiz said the HRWG and several other rights groups had filed a report with the UNHRC regarding the government's efforts to follow up on the recommendations from 2012-2016, which would be brought up in the upcoming UNHRC universal periodic report in 2017.

He, however, acknowledged that the government had ratified the UN Convention on the Protection of the Rights of All Migrant Workers and deliberated the inter-religious harmony bill to protect religious groups. "However, the efforts only revolved around the scope of policy and were partially implemented", he added. (bbn)

Source: http://www.thejakartapost.com/news/2016/09/27/most-unhrc-recommendations-are-not-properly-implemented-rights-activist.html

Government moves to find new ways to resolve past rights abuses

Jakarta Post - September 24, 2016

Ina Parlina, Jakarta – Recent dialogue between a number of prominent human rights campaigners and President Joko "Jokowi" Widodo has given a glimmer of hope to efforts in resolving past atrocities amid waning public trust in the President's commitment to uphold human rights.

In his meeting with renowned activists and lawyers such as Todung Mulya Lubir and Nursyahbani Katjasungkana on Thursday, the President sought input on his plan to design a road map to reform the judicial system. The road map is expected to help the country find new ways to resolve past human rights abuses.

Thursday's meeting was a rare occurrence at the State Palace, which had ignored invitations for meetings with families of human rights abuse victims, despite his past pledge to settle past rights abuse cases so that the country can look to the future and move on.

Last December, in an event held to commemorate international Human Rights Day, Jokowi reaffirmed his commitment through the promotion of reconciliation and find legal breakthroughs in resolving human rights abuses. A number of rights campaigners, along with local leaders and senior government officials were among his guests at that time, but the commemoration was more a ceremonial event without dialog.

Jokowi, a civilian president with no links to the old political establishment, is believed to be trying to consolidate his power, a move many say has forced him to put the human rights agenda on the back burner.

Many believe Jokowi's recent decision to install Gen. (ret) Wiranto as Coordinating Political, Legal and Security Affairs Minister would only be an additional stumbling block for his human rights pledge.

Wiranto has been accused of being responsible for the Trisakti and Semanggi shootings, as well as the disappearance of pro-democracy activists between 1997 and 1998.

"The idea in which the President has invited us [on Thursday] to receive input in relation to the legal reform road map was interesting," said Nursyahbani, the coordinator of International People's Tribunal on the 1965 communist purge (IPT 1965).

"I told the President that if it is possible, we are ready to [take further part in the process] by outlining a draft to be presented in public forums," she added, referring to the planned road map.

Nursyahbani even told Jokowi about her plan to bring the case to the UN Human Rights Council's (UNHRC) upcoming Universal Periodic Review, which even as a non-binding review would put some pressure on the government to act, as pleas had fallen on deaf ears at home.

In the 2015-2019 medium-term development plan (RPJMN), Jokowi underlines the importance to form a ad-hoc commission under his direct jurisdiction to facilitate resolution of past abuse cases. The RPJMN also states that a mechanism to settle such cases needs nation-wide consensus from all stakeholders, if possible it is believed similar atrocities can be prevented from reoccurring in future.

Beside that Jokowi was concerned about specific past abuse cases, where he particularly mentioned the murder case of human right campaigner Munir, which remained unresolved until today. "Our homework in relation to past human rights violations, including the Munir case, still needs to be done," Jokowi said.

Al Araf from rights group Imparsial, which was established by, among others, Munir, immediately told Jokowi that the key to solve Munir's case was to reopen the case and establish a new investigation team, as well as to have the Attorney General file a case review.

Source: http://www.thejakartapost.com/news/2016/09/24/govt-moves-find-new-ways-resolve-past-rights-abuses.html

Activists question Hartomo's promotion

Jakarta Post - September 24, 2016

Margareth S. Aritonang, Jakarta – Less than month after promoting former members of the Army's "Tim Mawar" (Rose Team), Indonesian Military (TNI) Commander Gen. Gatot Nurmantyo has generated more controversy by appointing divisive figure Maj. Gen. Hartomo to lead the military's Strategic Intelligence Agency (BAIS).

Hartomo was sentenced to over three years in prison by a military court in Surabaya, East Java, in 2003 for killing renowned Papuan separatist leader Theys Hiyo Eluay. It is unclear if his verdict has been overturned by High Military Court and the Supreme Court.

TNI spokesman Maj. Gen. Tatang Suleiman, who confirmed Hartomo's promotion, declined to answer The Jakarta Post's questions about the legal process of Hartomo's case. But he said the selection process was accountable.

Hartomo was a leader of the Army's Special Forces (Kopassus) Tribuana X assigned to Papua when Theys was murdered. Besides Hartomo, six other Kopassus officers were also charged with Theys' murder on National Heroes Day in 2001.

Tatang explained that Hartomo was one of 15 middle-ranking officers who had been promoted to a higher position, a decision that was made according to a proper selection process implemented by the military.

"The decision was made after careful assessment by Wanjakti [Rank and Promotion Council for High-Ranking Officers] and was directly supported by the TNI Commander," Tatang told The Jakarta Post.

Hartomo's promotion has sparked protest from civil society organizations over a lack of reform in the military.

"The recent promotion in the military contradicts the President's promise to protect and uphold human rights as formulated in the Nawacita," executive director for Institute for Defense and Security Studies (IDSS), Mufti Makarim told the press on Thursday.

The Nawacita refers to nine political goals introduced to the public by President Joko "Jokowi" Widodo and Jusuf Kalla during their campaign in the 2014 presidential election. Nawacita champions a commitment to upholding human rights in the country by resolving human rights violations, including cases that occurred in the past.

However, civil society groups have criticized Jokowi and his administration because many government policies do not reflect a commitment to human rights. "How can we hope for the protection of human rights if we keep seeing violators gain positions in the government?" Mufti said.

The TNI also generated criticism earlier this month after Gatot decided to promote former members of Tim Mawar who were implicated in notorious cases of forced disappearance during the 1998 riots.

Source: http://www.thejakartapost.com/news/2016/09/24/activists-question-hartomo-s-promotion.html

1965 anti-communist purge

Komnas HAM not involved in drafting of final 1965 recommendations

Jakarta Post - September 23, 2016

Marguerite Afra Sapiie, Jakarta – The National Commission of Human Rights (Komnas HAM) says it has not been asked to participate in the drafting of a final recommendation to settle the 1965 communist purge. The rights group says it has not even the slightest idea about the suggestions made to President Joko "Jokowi" Widodo.

Following the decision of then-coordinating political, legal and security affairs Minister Luhut Pandjaitan to combine input from a state-sponsored national symposium in April and a civil society-initiated national symposium in June, Luhut's office formed its own team of three experts to draft out the recommendations, Komnas HAM chairman Imdadun Rahmat said.

Komnas HAM had been involved in the national symposium in April and had been invited to express its opinion, Imdadun said, adding however that the group had been excluded from the process of drafting the final recommendation submitted to President Jokowi.

"Since it was not drafted by our joint team, we feel that it's not important for us to ask about the recommendation. It's not ours. If we were part of [the drafters] we would have asked to see the final result," Imdadun said Thursday.

Imdadun added that the final government recommendation, which the group got to read during a meeting at the office of Luhut's successor Wiranto, had some significant differences when compared to the 1965 Symposium team's version. He did not elaborate on the differences.

Komnas HAM, as well as the National Resilience Institute (Lemhanas), had given their input during the meeting but did not know whether the government had inserted their opinions or not, Imdadun said, adding that the hope to settle the 1965 communist purge and provide justice for the victims and survivors was now in the hands of the government. (dmr)

Source: http://www.thejakartapost.com/news/2016/09/23/komnas-ham-not-involved-in-drafting-of-final-1965-recommendations.html

Feminism & women's rights

Indonesia seeks end to female genital mutilation

Human Rights Watch Dispatches - September 26, 2016

Phelim Kine – The Indonesian government has launched a long-overdue campaign to eradicate the cruel practice of female genital mutilation (FGM).

The campaign, led by Yohana Yembise, the country's minister for women's empowerment and child protection, will deploy "scientific evidence" to dissuade religious and women's groups who support FGM. Between 2010 to 2015, 49 percent of girls from birth to 14 years of age in Indonesia had undergone FGM.

The campaign is just the latest government effort to end FGM. The government banned the practice in 2006, but buckled to pressure from Islamic organizations in 2010 and issued a regulation allowing FGM "if it is carried out by medical professionals, such as doctors, midwives and nurses." The government repealed that regulation in 2014, but has not specified penalties for those who carry out FGM.

FGM violates women's and girls' rights to health and to be free from violence. The procedure, which serves no medical purpose and is irreversible, inflicts severe pain on young girls and can be life-threatening. The International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention on the Rights of the Child all specifically obligate governments to respect these rights for girls and women.

Yembise's attention to the horrors of FGM will hopefully spur her and her ministry to target another serious abuse against women: the use of "virginity tests" on female applicants to the National Police and Indonesian Armed Forces. Indonesia's National Police have imposed these abusive and degrading tests on thousands of female applicants since as early as 1965, even though National Police principles say recruitment must be both "nondiscriminatory" and "humane." Such tests have long been obligatory for female military recruits as well, according to Tedjo Edhi, Indonesia's coordinating minister for politics, law, and security.

"Virginity tests" have been recognized internationally as violations of the right to nondiscrimination and the prohibition against "cruel, inhuman or degrading treatment" under international human rights treaties Indonesia has ratified. The World Health Organization has stated unambiguously that, "There is no place for virginity (or 'two-finger') testing; it has no scientific validity."

Indonesia should show the same determination in ending "virginity testing" as it has shown in taking on FGM.

Source: https://www.hrw.org/news/2016/09/26/indonesia-seeks-end-female-genital-mutilation

Censorship humiliates women, says activist

Jakarta Post - September 26, 2016

Jakarta – Women's rights activist Gadis Arivia, who is also the founder of feminist publication Jurnal Perempuan, says censorship holds back and humiliates female bodies.

"Blurring some body parts of women [on TV] in fact shows no appreciation for women," she said at a conference on feminism in Jakarta on Saturday.

Gadis was responding to a question from Daniel Susilo, a communications expert from the University of Airlangga in Surabaya, East Java, who asked her opinion about censorship, including the recent blurring of scenes on animated TV series, such as the Doraemon and Dragon Ball cartoons from Japan, and SpongeBob SquarePants from the US.

On Sept. 17, news channel CNN Indonesia blurred scenes of an interview with Papuan swimmer Margaretha Herawati, who competed at the 19th National Games (PON) in Bandung, West Java. The blurred scenes of Margaretha wearing a swimsuit, which went viral on social media last week, drew sharp criticism.

Article 18 of the Indonesian Broadcasting Commission's (KPI) Public Broadcasting Guidelines and Program Standards (P3SPS) stipulates the prohibition of displaying any sexual content on TV, including genitals, thighs, buttocks and breasts, as well as sexual activity and kissing, deemed contradictory to local values, norms and decency.

Gadis criticized one of the KPI guidelines that prohibits kissing scenes, which the commission has concluded is not in line with local norms. "Kissing is an expression of love while murder, which is often displayed on TV, is criminal," she said. (rez/ebf)

Source: http://www.thejakartapost.com/news/2016/09/26/censorship-humiliates-women-says-activist.html

Feminism alive and well amid growing conservatism

Jakarta Post - September 26, 2016

Jakarta – Indonesia's women's movement has gone through ups and downs since the nation's first women's congress was held in 1928.

In its more than 80-year history, it has fought against a deep-rooted patriarchy and political repression under Soeharto, who reduced Kartini, an icon of gender equality in the country, into a mere archetype of a "good women".

In the reform era, Indonesian feminists thrive thanks to democracy, but the newly acquired political freedom has posed a greater challenge to the women's movement, as the country's conservative groups, driven and supported by women, are also seeking to exert their influence on society.

Gadis Arivia, founder of the influential women's issues journal, Jurnal Perempuan (JP), told The Jakarta Post over the weekend that the country is now seeing the emergence of conservative groups that appear to support women but in fact oppress their rights. The Family Love Alliance (AILA) is one example, she said.

AILA has requested the Constitutional Court change the definitions of adultery, rape and sodomy in the Criminal Code to outlaw sex between unmarried and same-sex couples. Its petition, if approved by the court, could become a threat to women's freedom, Gadis argued.

"Young people now have different ways to express their sexual relationships. If [AILA] wants to change this in the criminal code, how many young people will be sent to jail?"

Rita Soebagio, AILA's chairman, has claimed that the judicial review petition was meant to protect family, especially women and children. "Sexual intercourse outside marriage will bring consequences not only for women but also their children," she said.

The court has become a new battleground for Indonesian feminists, with feminist organizations and their conservative rivals invited to present their opinions about the issue of sexuality at the court.

On Sept. 8, the Association of Islamic Wives, which supports AILA's petition, and the Indonesian Women's Coalition (KPI), which opposes criminalizing extramarital sex, testified at the court on the same day.

A feminist scholar from the University of Amsterdam, Saskia Wieranga, said the rise of conservative groups was a worrying trend. Some of them, she claimed, had attempted to threaten women's rights by pressuring them to don jilbab (headscarves).

"Jilbab are not an Indonesian tradition," she said, adding that many Indonesian women should be aware that they are free to choose what they want to wear without being afraid of moral or religious pressure. "In the Netherlands I defend the right of women to wear jilbab," she said.

Despite the challenges, Gadis said she was upbeat about the future of the women's movement in the country. The Jurnal Perempuan Foundation (YHP), which commemorates its 20th anniversary this month, has been introducing and spreading the knowledge of feminism to young people.

The organization is working with universities to teach students to be sensitive to issues of injustice, inequality and unfair gender practices. "These new feminists also include men. We believe that in the 21st century, men already believe that gender equality is important," she said.

As part of its 20th anniversary commemoration, Jurnal Perempuan held a two-day international conference on feminism in Jakarta on Sept. 23 and 24.

The conference received 102 papers and selected 62 of them. The authors, mostly young people, came from various regions in the country, from Aceh to Papua. A number of international presenters from 10 countries including the US, Hong Kong, Germany and Malaysia also took part.

The conference covered many issues, ranging from relations between religion and feminism, labor rights and local and transnational feminism to the portrayal of women in the media. (win)

Source: http://www.thejakartapost.com/news/2016/09/26/feminism-alive-and-well-amid-growing-conservatism.html

Labour & migrant workers

Highly educated taking low-skilled jobs in urban areas

Jakarta Post - September 28, 2016

Anton Hermansyah, Jakarta – The slow economy has forced many university graduates to take lower-skilled jobs, government data shows.

According to a Central Statistics Agency (BPS) survey in February, 4.2 million university graduates are overqualified for their jobs. This number is 10.52 percent higher compared to the 3.8 million overqualified graduates recorded in February 2015.

"We call it 'the bumping down effect' when a university graduate accepts a job like taxi driving" Asian Development Bank (ADB) economist Steven Tabor said during a press conference on the 2016 Asian Development Outlook at the ADB office in Jakarta on Tuesday.

The bumping down effect will create chain effects on the other job seekers. Those who have lower education levels are facing difficulties in finding jobs as low-skill jobs are often occupied by over-qualified workers. "Low-skilled workers, particularly women, are leaving the labor force," Tabor added.

The number of people employed fell by almost 200,000 from February 2015 to February 2016. This decrease mostly occurred in urban areas. The urban labor market also showed wage stagnation in spite of better economic growth in mid-2016. (evi)

Source: http://www.thejakartapost.com/news/2016/09/28/highly-educated-taking-low-skilled-jobs-in-urban-areas.html

Employment shifts to rural areas in 2016: ADB

Jakarta Post - September 28, 2016

Anton Hermansyah, Jakarta – As urban job creation stagnates in 2016, many employment opportunities are shifting to rural areas supported by dana desa (village funds) amid the prolonged wet season due to La Nina.

Based on Central Statistic Agency (BPS) data, in February 2016 the employment rate decreased by 200,000 compared to February 2015, the first negative growth after 8.8 million new jobs were created in the previous four years from 2011 to 2015.

However, rural agriculture employment in February 2016 increased by 2 percent, compared to February 2015, the first positive growth after negative figures from 2013 to 2015.

"The urban labor market contracted but it [was] picked up by the rural job market," ADB Economist Emma Allen said during an Asian Development Outlook 2016 presentation at the ADB Jakarta office on Tuesday.

Manufacturing jobs had not been improving in 2016, forcing people in urban areas to come back to their hometowns for agricultural jobs. The job creation in rural areas contributed to the decline in rural poverty by 14.1 percent in March compared to the same month in 2015. "But it is not too sustainable," Allen continued.

Agricultural jobs are seasonal and there is a risk that heavy rains could damage crops later in 2016. If the weather improves in 2017, the sector will be better, combined with commodity prices that are already showing a slight recovery. (evi)

Source: http://www.thejakartapost.com/news/2016/09/28/employment-shifts-to-rural-areas-in-2016-adb.html

Jakarta Police gear up to secure labor rally

Jakarta Post - September 28, 2016

Jakarta – About 10,000 workers are set to hold a rally on Thursday along the main roads in Jakarta.

Confederation of Indonesian Workers Unions (KSPI) secretary general Muhammad Rusdi said on Tuesday the workers would demand that the central government and the city administration improve minimum wages and offer more benefits.

"The protesters are workers from Purwakarta, Bekasi, Depok, Bogor [all in West Java], Tangerang and Serang [both in Banten]," he said.

He said the workers would ask the government to revoke Wage Regulation No. 78/2015, saying that it was contrary to Law No. 13/2003 on manpower. "We [workers] will demand a minimum wage increase to boost [our] purchasing power," he said.

Currently, the Jakarta minimum wage is Rp 3.1 million (US$228.80) per month. Rusdi said the Jakarta minimum wage does not follow the newly issued Government Regulation No. 78 on the annual increase of provincial minimum wages, which bases increases entirely on a given year's inflation and gross domestic product (GDP) growth rates.

Instead, the city also considered a basic cost-of-living survey of 84 staple commodities and other daily needs to set the minimum wage.

He said the workers would also demand that the government revoke the 2016 Tax Amnesty Law, as he called it "an act of injustice" against Indonesian workers and said it only benefited business people.

The unions had requested the Constitutional Court to undertake a judicial review of the Tax Amnesty Law, he said. "It seems that the law is used to protect tax evaders whose sources of wealth are unknown. Meanwhile, the workers always pay income tax every month. That is unfair," he said.

Rusdi said that the rally is planned to run from 8 a.m. to 6 p.m. and would begin at City Hall and then move to the Constitutional Court building before heading to the State Palace and the Supreme Court, finishing at the Corruption Eradication Commission building.

Jakarta Police chief Insp. Gen. Mochamad Iriawan said the police would deploy up to 6,000 personnel to secure the rally. "The rally on Sept. 29 will be a huge one as it will involve up to 10,000 protestors," he said.

Deputy Jakarta Police chief Brig. Gen. Suntana said the traffic would flow as usual. "No road closures or traffic rerouting [will happen] during the rally," he said, adding the workers had committed to staying an orderly and peaceful rally.

As the police are enforcing the odd-even traffic policy, which subjects violators to fines of Rp 500,000, the protestors planned to use public transportation such as buses to commute from their meeting points to the city, he said. Transjakarta is to be operating normally. (sha)

Source: http://www.thejakartapost.com/news/2016/09/28/jakarta-police-gear-up-to-secure-labor-rally.html

Workers to stage massive protest rally in Jakarta on Thursday

Jakarta Globe - September 27, 2016

Jakarta – Jakarta Police deputy chief Brig. Gen. Suntana said Jakarta's labor unions will stage a massive protest rally on Thursday (29/09) in front of the State Palace and several other strategic spots in the capital.

"I've talked to our friends [in the labor unions]. They've promised to keep the rally peaceful. They will not block roads or harass people during the protest," the general said on Tuesday.

He said the rally on Thursday will start at 8.00 a.m. and end at 6.00 p.m. according to official regulation.

"Hopefully before 6.00 p.m. they will have met with representatives from the state institutions they're protesting against so the crowd can disperse before rush hours," Suntana said.

The labor unions had reportedly promised the Jakarta police they will disperse on time and avoid conflicts with security personnel.

Source: http://jakartaglobe.beritasatu.com/news/workers-stage-massive-protest-rally-jakarta-thursday/

Freedom of speech & expression

Government seeks to criminalize netizens for posting memes

Jakarta Post - September 26, 2016

Haeril Halim, Jakarta – While the government and the House of Representative have failed to comply with the public's call to revoke the controversial defamation article from the 2008 Electronic Information and Transactions (ITE) Law, they have introduced further threats to freedom of expression by including a punishment for people posting texts, pictures, videos and memes deemed to incite fear or cause embarrassment in the law revision.

The crime, referred to as cyberbullying, poses a threat to freedom on the internet, as it is common for people to tell jokes and post memes criticizing public officials implicated in graft cases or political dynasty members ahead of a regional or general election.

The House claims that the passed provision not only aims to "protect children" but also the general public from bullying on the internet.

"The idea to cover cyberbullying in the revision of the ITE Law is based on people's concerns over the growing threat of cyberbullying," said on Arief Suditomo, a member of House Commission I overseeing communication and technology.

Since the implementation of the draconian law in 2008, a number of people have been imprisoned for online activities, including homemaker Prita Mulyasari, who was sued by Omni International Hospital for defamation in 2009 after she complained about the hospital's services on an online mailing list.

According to data from the Southeast Asia Freedom of Expression Network (SAFENET), 200 people have been prosecuted using the draconian law from 2008.

The number of people criminalized has increased in recent years, reaching 62 people in 2015, compared to just two in 2008, the data showed. Ninety percent of the cases were defamation cases.

The revision of the law initially only covered a provision to decrease the punishment for defamation offenses from six to four years in what appears as a compromise to calm members of the public who want the government to abolish the defamation article from the revision process, but after a closed-door hearing on Aug. 30, both the government and the House surprisingly agreed to regulate cyberbullying offenses in the bill.

The House and the government inserted the stipulations of cyberbullying offenses into the prevailing Article 29 of the ITE Law, which regulates punishment of 12 years in prison for people disseminating electronic information or documents that contain threats or frightening messages.

As a compromise, the bill decreases the sentence for such an offense from 12 to four years, and does not require people charged under the article to be detained by law enforcement institutions during the investigation period.

Institute for Criminal Justice Reform (ICJR) director Supriyadi Eddyono said the cyberbullying stipulation may contravene the defamation article, while the former poses a more dangerous threat to freedom of expression because the government defines cyberbullying ambiguously.

Supriyadi said the cyberbullying stipulation in the bill could be misused used as a political tool to criminally attack opponents during elections.

"The government has yet to reach a consensus on the definition of 'annoying' [bullying], so why are they moving to regulate charges for it [on the internet]? This new charge, in addition to the existing defamation one clearly tells us that the revision of the ITE Law poses serious threats to freedom of expression in Indonesia," Supriyadi said.

Source: http://www.thejakartapost.com/news/2016/09/26/govt-seeks-criminalize-netizens-posting-memes.html

Political parties & elections

Agus groomed as Yudhoyono's political heir

Jakarta Post - September 24, 2016

Nurul Fitri Ramadhani and Margareth S. Aritonang, Jakarta – The surprise decision by former president Susilo Bambang Yudhoyono to nominate his eldest son, Agus Harimurti Yudhoyono, for the Jakarta gubernatorial election has been seen as the former general's attempt to groom a political heir within his Democratic Party.

The 38-year-old major has filed his resignation from the military to pave the way for his political bid in Jakarta, which was only revealed on the day the deadline for registration at the Jakarta General Elections Commission (KPUD) fell. Agus will run with Sylviana Murni, the Jakarta governor's assistant for tourism.

Indonesian Military (TNI) chief Gen. Gatot Nurmantyo confirmed on Friday that Agus had submitted his resignation letter. It is a one-way ticket: After quitting, he will not be able to come back to the military, whether he wins or loses the election, as stipulated by Law No. 34/2004 on the TNI.

"He has submitted the resignation. He has been permitted to continue his career in politics because he has been in the military for 16 years, meaning he has completed his first 10-year contract," Gatot said.

Yudhoyono's decision has baffled many, not only because Agus was believed to have had a stellar career in the military, but also because the former president has himself previously spoken against military personnel using their military careers as a stepping stone to becoming regional leaders. Military personnel, he once said, should aim to become generals, or air marshals or admirals.

But Yudhoyono seems to have been forced into pulling Agus into the world of politics, with his party facing a leadership crisis following a series of graft scandals implicating many of the party's young and promising members, including former party chairman Anas Urbaningrum and Andi Mallarangeng, who were both imprisoned for their roles in the Hambalang graft case.

Dems leaders have placed high hopes on Agus. Party deputy chairman Syarif Hasan said Agus had a good educational background and leadership capability. When asked about Agus' lack of political experience, he said Agus still had five months before voting day to introduce himself to the public.

"His battalion trusts him, meaning that he has brilliant leadership capability. That's what makes us sure that he is the candidate Jakartans hope for [...] and of course, Yudhoyono wants his son to have a career that will make his family proud," Syarif said.

But many believe Agus' nomination is bigger than the Jakarta election. "By endorsing Agus to run in the [Jakarta] election, SBY is attempting to introduce Agus into the country's political arena as soon as possible," Dimas Oky Nugroho of the Jakarta-based Akar Rumput Strategic Consulting (ARSC) firm said.

Dimas predicted that in addition to carrying out regeneration in the party, the Dems were also aiming to win over first-time and swing voters in the upcoming election. "Even if Agus loses the gubernatorial race, he has started his career in the Democratic Party as well as in politics," he emphasized.

Another analyst, M. Qodari of Indo Barometer, said that Yudhoyono aimed to retain his influence within his party by preparing Agus as his successor. "The Democratic Party is SBY. SBY is the Democratic Party," Qodari said, referring to Yudhoyono's popular moniker.

Qodari argued that even if Agus lost the Jakarta election, he would potentially be a strong contender for the 2019 presidential election as a result of his father's clout.

Source: http://www.thejakartapost.com/news/2016/09/24/agus-groomed-yudhoyono-s-political-heir.html

Prabowo favors Anies even though he is not party member

Jakarta Post - September 23, 2016

Callistasia Anggun Wijaya, Jakarta – Gerindra Party chairman Prabowo Subianto has expressed his support for former education and culture minister Anies Baswedan to contest the Jakarta gubernatorial election next year on the party's ticket.

"Anies is neither a member of the Gerindra Party nor the Islamist Prosperous Justice Party (PKS). However, we do not require that a candidate come from a political party because we want the best for the capital," Prabowo said at his house in Kebayoran Baru, South Jakarta, on Friday.

Prabowo also praised noted businessman Sandiaga Uno who will run as deputy governor candidate. He believed that Anies and Sandiaga were the candidates most capable of developing Jakarta into a more prosperous city.

Prabowo also thanked PKS for not resisting Gerindra's decision to choose Anies over Mardani Ali Sera, who was the former's first choice. Attending the official declaration, Mardani said PKS was committed to leading the Anies-Sandiaga pair to victory in the election.

"Personally, I want to say that I will support Anies and Sandi to lead Jakarta. All PKS members are ready to help them achieve victory," Mardani said. (ebf)

Source: http://www.thejakartapost.com/news/2016/09/23/prabowo-favors-anies-even-though-he-is-not-party-member.html

SBY's son's decision to enter politics regretted: TNI

Jakarta Post - September 23, 2016

Marguerite Afra Sapiie, Jakarta – Indonesian Military (TNI) Commander Gen. Gatot Nurmantyo has said he very much regrets Maj. Agus Harimurti Yudhoyono's decision to retire from the Army to run in the 2017 Jakarta gubernatorial election because he would have had a bright future in the military.

Gatot explained that Agus, the eldest son of former President Susilo Bambang Yudhoyono (SBY), had always been top of his class since he was a student of SMA Taruna Nusantara senior high school and throughout his further studies at the Military Academy (Akmil).

Agus, who graduated in 2000, was awarded the prestigious Adhi Makayasa medal for best graduate, he further said.

Gatot went on to say that when he served as the Army chief of staff, he gathered the academy's best graduates to take part in his program, including Agus, who was in fact one of the cadres he was preparing to take a top Army position.

"I regret [Agus' choice] because I have prepared him as a cadre but he has chosen to enter politics. It's hard, but it's his personal right [to retire] and there will be more [cadres] in the future," Gatot said on Friday.

He said Army chief of staff Gen. Mulyono received Agus' resignation letter on Friday morning and the Army would soon process his resignation.

Agus has been declared as a Jakarta gubernatorial candidate by a coalition of four parties: the Democratic Party, the National Mandate Party (PAN), the United Development Party (PPP) and the National Awakening Party (PKB). Jakarta deputy governor Sylviana Murni will be his running mate. (ebf)

Source: http://www.thejakartapost.com/news/2016/09/23/sbys-sons-decision-to-enter-politics-regretted-tni.html

Agus Yudhoyono's nomination a joke: Political expert

Jakarta Globe - September 23, 2016

Jakarta – An expert on state administration law, Margarito Kamis, said the nomination of Agus Harimurti Yudhoyono – former president and Democratic Party chairman Susilo Bambang Yudhoyono's son – as Jakarta governor can quite rightly be called a joke.

"This must be a joke. SBY [Susilo's nickname] is a smart man, very meticulous in all he does. But Agus... you never even hear his name mentioned in any of the polls for the Jakarta election," Margarito said in Jakarta on Friday (23/09).

He said the so-called Cikeas Coalition, comprising the Democratic Party, the United Development Party (PPP), the National Awakening Party (PKB) and the National Mandate Party (PAN), should reconsider their decision.

"Yusril and Sandiaga would be a better match. Yusril knows SBY very well," Margarito said.

He also said SBY would not want to lose face by losing to the Indonesian Democratic Party of Struggle's (PDI-P) nominee – incumbent governor Basuki "Ahok" Tjahaja Purnama – in the Jakarta gubernatorial race. If that happens, he may consider it as a personal loss to Megawati Sukarnoputri, PDI-P chairwoman and his predecessor as president.

Old corruption cases that had beset the Democratic Party, such as the Hambalang case and the Bank Century bailout case, according to Margarito, will also likely resurface after Agus's nomination.

Things would get even worse for the Democratic Party if the State Palace throws its support behind incumbent governor Ahok. "And if the Palace gives its support to Ahok, things might get nasty," Margarito said.

Agus Yudhoyono was today named as a Jakarta governor nominee by the Cikeas Coalition, with Jakarta's current deputy governor for tourism and culture Sylviana Murni as his running mate.

The pair emerged after a series of meetings between the leaders of the coalition's four political parties at Susilo's home in Cikeas, West Java. Agus and Sylviana will register with the Jakarta Election Commission (KPUD) at 7.00 p.m. on Friday.

Source: http://jakartaglobe.beritasatu.com/news/agus-yudhoyonos-nomination-joke-political-expert/

Environment & natural disasters

Millions flee homes as floods, landslides hit regions

Jakarta Post - September 27, 2016

Panca Nugraha and Ruslan Sangaji, Jakarta/Mataram/Palu – Floods have been hitting a number of regions across the country, displacing people, destroying agricultural fields and inundating hundreds of houses in the affected areas.

The National Mitigation Agency (BNPB) recorded 1,495 disaster incidents that have occurred across the archipelago from January to August, with floods (535 times), tornadoes (405) and landslides (323) as the most frequent ones.

The events, which claimed a total of 257 lives and injured 303, forced 2.1 million people to migrate from their areas as thousands of houses were destroyed.

Of the disasters, landslides were the deadliest having killing 126 people of the total lives claimed, more than floods, which killed 70 people, and simultaneous floods and landslides, which killed 41 people.

"We predict the number of flash floods and landslides to keep increasing until March next year," BNPB spokesman Sutopo Purwo Nugroho told The Jakarta Post.

According to the agency's data, 315 cities and regencies in Java, Kalimantan, Sumatra and Papua are vulnerable to flash floods, which threaten 63.7 million people.

In the West and Central Lombok regencies of West Nusa Tenggara (NTB), full-day heavy rains on Sunday caused floods in the two regions, inundating at least 300 houses, destroying over 120 hectares of agricultural fields and forcing some 500 people to evacuate.

The provincial Disaster Mitigation Agency (BPBD NTB) head, Muhammad Rum, said the floods hit Lembar subdistrict in West Lombok and Montong Ajan subdistrict in Central Lombok on Monday afternoon. "We have distributed aid to these two locations," Rum said on Monday.

He said the flood in Lembar inundated around 200 houses due to an overflowing river and high tide occurring at the same time, while in Montong Ajan, a flash flood affected around 100 houses and forced over 90 people, including 30 children and 11 babies, to flee their homes.

"The two locations are recovering but the people are still taking shelter at safer places," said Rum, adding that makeshift tents and public kitchens had been set up in the affected areas.

In Tolitoli, Central Sulawesi, rains of high intensity have caused floods to hit the regency twice last week.

The most recent flood occurred on Sunday, inundating Tuweley subdistrict, Baru subdistrict and other regions in the downtown area for between 60 centimeters to 1.5 meters, according to Tolitoli Regent M Saleh Bantilan.

The heavy rain was accompanied by lightning on Saturday that flattened a tree to the ground at an elementary school on Jl. Magamu, Baru subdistrict, paralyzing the traffic flow.

A local, Bahtiar, blamed the flood partly on the clogged drainage facilities, causing the water to overflow to the street and to people's houses.

He urged local administration to find solutions and make flood mitigation a priority for its development program. "The rivers have to be dredged. The ditches have to be cleaned out," he said.

Meteorology, Climatology and Geophysics Agency (BMKG) spokesman Harry Tirto warned citizens living in South Sumatra, Lampung, Greater Jakarta, West Java, Central Java, East Java, South Kalimantan, East Kalimantan, Bali, Maluku, North Maluku and West Papua of potential rainfall of high intensity over the next three days.

He said the heavy rain would also be accompanied by lightning and strong winds, which could cause floods, landslides and bring down trees.

He warned operators of maritime transportation, including fishermen and beachgoers, to be vigilant as sea waves were predicted to reach up to 4 meters, including in the southern waters of Java, Bali and Lombok in West Nusa Tenggara.

"With the recent rains of high intensity, we urge the public to stay on alert for potential disasters. Fishermen also need to be extra cautious due to potential tidal waves," he said on Monday. (fac)

Source: http://www.thejakartapost.com/news/2016/09/27/millions-flee-homes-floods-landslides-hit-regions.html

Politician in control of reclamation at Lake Singkarak

Jakarta Post - September 26, 2016

Syofiardi Bachyul Jb, Padang – A legislator from West Sumatra apparently cannot understand why local authorities are opposing his business interests in the province, which he has represented at the national legislature for the past 12 years.

Veteran House of Representatives member Epyardi Asda has insisted that his company has not attempted to reclaim land in the development of his hotel and recreation center at Lake Singkarak, as concluded by West Sumatra authorities. He has insisted on going ahead with his controversial plan even though the government has made it clear that he will be issued a permit.

Epyardi told The Jakarta Post over the weekend that he had stopped construction activities three days ago. He insisted that no reclamation was being undertaken, but that piles were being driven into the ground as the beachfront on his land was steep.

"I will put sand on top of it for beach tourism," he said, adding that he intended to develop a four-star hotel with 100 rooms on the site and a water recreational park worth Rp 100 billion (US$7.3 million).

The United Development Party (PPP) politician claimed that he had tried to obtain a permit from the Solok regency and had met officials 10 times, but to no avail.

"So I have not developed anything there yet because the license is not ready. It's just piles," said the member of House Commission V on infrastructure. "There is no regulation that prohibits the beautification of the lake," said Epyardi as quoted by Antara news agency.

The 107.9-square-kilometer Lake Singkarak, which is 21 kilometers in length and 7 kilometers wide, is located in Solok regency. It is well-known for its bilih fish (mystacoleucus padangensis). There are five lakes in the province, including Lake Maninjau.

West Sumatra Environmental Impact Management Agency (Bapedalda) head Asrizal Asnan said a number of related institutions at the provincial and Solok regency administrations had met to discuss the project. "It is impossible to issue a hotel development license for the location according to spatial planning," Asrizal told the Post on Friday.

Asrizal argued that the land owned by the company, which measured 1,520 square meters and was located next to Singkarak pier, would leave only 14.5 meters of land between it and the edge of the lake, while the minimum requirement was 50 meters. He said West Sumatra Governor Irwan Prayitno and the Solok regent fully agreed with the decision to halt the project.

The Indonesian Forum for the Environment's (Walhi) West Sumatra office head, Uslaini, said the project was began by PT Kalukua Indah Permai in July. In his estimation, the company had illegally reclaimed land 70 meters in length and 30 meters wide.

"We want the activity to be completely stopped. Otherwise, it may prompt others to do the same thing, and that would be a serious threat to the environment," Uslaini said.

Source: http://www.thejakartapost.com/news/2016/09/26/politician-control-reclamation-lake-singkarak.html

Death toll rises to 27, while 22 still missing in West Java floods

Jakarta Globe - September 23, 2016

Jakarta – The death toll from the flash floods that hit Garut district in West Java rose to 27, while 22 people are still missing two days after the incident, a spokesman for the National Disaster Mitigation Agency, or BNPB, said on Friday (23/09).

Rescue workers located four more bodies late on Thursday and another one on Friday morning, after the Cimanuk River burst its banks and flooded seven areas in Garut on Wednesday.

Rescuers are now focusing their search operations on four villages in those areas, BNPB spokesman Sutopo Purwo Nugroho said in a statement. "Our focus of operations today is on the villages of Sukakarya, Cimacan, Pamingi and Sukamantri," Sutopo said.

Authorities have deployed a joint team of around 1,600 members of the Garut BPBD, National Search and Rescue Agency (Basarnas), National Police, Indonesian Military (TNI), Indonesian Red Cross (PMI) and volunteers in the affected areas.

They have also established emergency and first-aid posts, as well as dispatched basic necessities to more than 400 residents who have been evacuated from the areas.

Nearly 400 homes were inundated, 300 were buried in mud and more than 150 heavily damaged in the flood, the latest data from the BNPB shows.

Source: http://jakartaglobe.beritasatu.com/news/death-toll-rises-27-22-still-missing-w-java-floods/

Health & education

Islamic school books hint at radicalism

Jakarta Post - September 30, 2016

Haeril Halim, Jakarta – Muslim students of junior high schools across Indonesia learn from their Islamic text books that Jews are "sly and untrustworthy" despite the fact that several verses in the Quran share positive stories about Jews.

Such anti-Semitism is well recorded in at least two Islamic school books for grades seven and eight, published and distributed by the Culture and Education Ministry, on pages 197 and 8-9, respectively.

"[...], Amdan [a Jew] is a young man who is lazy when it comes to praying. Amdan is excited to see fish in the sea on Saturday, the day when Jews are prohibited [by God] to catch fish. Amdan thinks hard about finding a way [to catch the fish] and he makes up his mind to cheat," a passage reads in the books.

The two books are reading material for around 10 million junior high school students across the country.

In Indonesia, it is common for students, and Indonesians in general, to have a negative perception of Jewish people despite the fact that they rarely, or never, interact with them.

Apart from intolerance campaigns, Islamic textbooks also supposedly promote a violent ideology, according to a recent study conducted by the Center for Islamic and Society Studies (PPIM) at Syarif Hidayatullah State Islamic University in South Tangerang, Banten.

The researchers, who conducted field studies in Jombang in East Java, Bandung and Depok in West Java, as well as Jakarta, analyzed dozens of Islamic textbooks from elementary schools, junior high schools and high schools that are read by around 40 million students in Indonesia.

The study claims that Islamic books, at the elementary school it examined, taught students about Islamic exclusivity by declaring non-Muslims as kafir or infidels. Meanwhile, books at junior high schools introduce religious stereotypes that describe non-Muslims, including Jews, as "filth".

In addition, values promoted in parts of senior high school Islamic books include the establishment of a caliphate as well as the rejection of democracy as introduced by Sunni Islamism founder and cleric Abul Ala Mawdudi.

"For example, an Islamic school book for grade 12 high school students, on page 129, encourages hostility against people who are kafir and musyrik [polytheistic]. This book should have provided views that Islam prohibits the use of coercion in embracing faith – in fact, it promotes tolerance and religious freedom," said PPIM researcher Didin Syafruddin on Thursday.

In a case study conducted in Jombang, East Java, the PPIM found in student modules or LKS the sentence "only Allah is the one we should worship, and those who don't worship Allah are musyrik and are liable to be killed".

The insertion of intolerance and radical ideology in school textbooks raises concerns over the ministry's ability to prevent the inclusion of radical ideology in books it publishes.

Culture and Education Minister Muhadjir Effendy said his predecessor Anies Baswedan in 2015 had withdrawn controversial Islamic books and revised them and the ministry had set up a joint team to monitor the writing and publication of books at the ministry.

"The team comprises representatives from the Religious Affairs Ministry and [moderate] Islamic organizations," the minister said.

Source: http://www.thejakartapost.com/news/2016/09/30/islamic-school-books-hint-radicalism.html

RI not using enough contraceptives

Jakarta Post - September 30, 2016

Jakarta – In connection with World Contraception Day on Sept. 26, DKT International, a "social marketing pioneer" that sells the Sutra brand of condoms, says that the use of contraceptives in Indonesia is still below the target set out in the UN's Sustainable Development Goals (SDG).

"Currently, the percentage of married women using modern contraception in Indonesia still does not meet the target of the SDG – at 60 percent [instead] of the target of 65 percent – while the maternal mortality rate is still high: 126 cases [instead] of the target of 102," the director of DKT International, Juan Enrique Garcia, said in a press statement released on Thursday.

"Indonesia is the fourth most populous country in the world with 259.4 million people. It is estimated that in 2050 Indonesia would experience a population surge of as much as 40 percent, which is to about 360 million people," the statement said.

Garcia said the number of unmet needs for family planning is still 8.5 percent, above the 5 percent target. "One of the main causes of Indonesia not achieving the SDG targets in terms of contraception is a myth that birth control has an effect on women's health," he said.

Source: http://www.thejakartapost.com/news/2016/09/30/national-scene-ri-not-using-enough-contraceptives.html

Gender & sexual orientation

Negative news reports trigger LGBT persecution

Jakarta Post - September 23, 2016

Lita Aruperes, Manado – The debate on lesbian, gay, bisexual and transgender (LGBT) rights is still being conducted in the negative terms of deviancy and community norms, an activist has said.

North Sulawesi LGBT Forum advocacy division head Coco Jerico said media reports regarding the LGBT community in North Sulawesi were unbalanced. The negative coverage, he added, shaped the mindset of the public and led to the stigmatizing of and discrimination against the LGBT community.

"The negative news has an impact on the LGBT community in North Sulawesi, especially in the three major cities of Manado, Tomohon and Bitung. The media exaggerates negative reporting of LGBT issues," said Coco.

In addition, the occurrence of oppression against LGBT in the three cities has increased. Coco gave as examples a raid in Manado during which the local police sexually harassed LGBT members and private universities that clearly rejected students based on their LGBT orientation.

Access to Justice for LGBT project officer at the Partnership for Government Reform (Kemitraan), Veronica Iswinahyu, said her group had documented several cases of violence against LGBT members.

"The media had limited coverage of LGBT issues in 2014, with only around 50 incidents. In January this year the news was still alright, but in February, around 250 negative news stories were reported concerning LGBT issues," she said.

She added that according to data, 155 negative events and news stories involving the LGBT community were reported in 16 provinces in Indonesia.

"There were 62 instances of hate speech, which dominated the types of incidents that occurred, followed by 38 discriminatory statements by state officials. Biased news coverage by the media in Jakarta also has an impact on negative news in the regions and leads to further hatred against the LGBT community outside the capital city of Indonesia," she added.

Jakarta had the highest prevalence of negative news coverage, she said, with around 32 percent of the total incidents, followed by Yogyakarta with 17 percent.

Veronica believed the media reported issues negatively because it regarded the LGBT community as a serious threat, because the LGBT community was deemed as being opposed to religion and the state, as causing infectious diseases and a threat to public order and morality.

She added that news from Jakarta, in other words national news, was very influential in the regions. The regional media follows the news in Jakarta, and often news in the regions regarding LGBT issues is simply the result of copying news from Jakarta.

Separately, Arus Pelangi education coordinator Linni Zurlia said her group's task was to monitor the impact on the LGBT community and advocate for LGBT rights.

"The media reported 315 incidents, and more than half were from Jakarta. An example of the impact of the negative publicity was the long march by the LGBT community in Makassar, South Sulawesi, on Aug. 17. The event attracted public derision and then made media headlines in Makassar," said Linni.

Head of the Manado chapter of the Alliance of Independent Journalists (AJI), Yoseph Ikanubun, said the LGBT issue had little relevance initially and had been overwhelmed by wider political issues in Manado.

"The AJI's stance is quite firm as we don't discriminate or stigmatize minority communities, including the LGBT community, and journalists in Manado have different characteristics," said Yoseph. According to him, the news coverage was not balanced because no one thought through LGBT issues in a moderate way.

North Sulawesi Sanubari (Salut) program manager Ryan Jho said many people viewed the community negatively. "Violence against the LGBT community by the general public has made members of the community feel worthless and in the absence of support or education they have gathered to form groups such as the GAP community," said Ryan.

Salut administration manager Kheke Taalendo said members of the lesbian community no longer assembled because of police raids aimed at them simply because of their orientation.

Source: http://www.thejakartapost.com/news/2016/09/23/negative-news-reports-trigger-lgbt-persecution.html

Marriage & polygamy

Have messaging apps boosted divorce rates in Jakarta?

Jakarta Post - September 24, 2016

Indra Budiari, Jakarta – Ending a marriage is not always an easy thing to do, but more couples are getting divorced in the country, including in Jakarta.

There are plenty of reasons why people choose to split up. Financial reasons and infidelity are often cited as the main causes of divorce. Many unfortunate women also opt for divorce because they cannot handle staying in an abusive marriage. In Jakarta, however, social messaging services and urban lifestyles are being blamed for the spike in divorce.

Marriage Law No. 1/1974 contains very strict requirements for couples wanting to divorce, which include being able to present many witnesses to prove the marriage is failing. The rise of communication technology seems to have changed that.

Fernandes Raja Saor, a divorce lawyer, said with the ubiquity of smartphones couples were no longer required to present the necessary witnesses in court.

"Now we can use a screenshot of WhatsApp messenger chat to show the judges that a husband [or wife] is having an affair or a couple is fighting a lot," he said.

Data released by the Jakarta Religious High Court suggested that divorce petitions were piling up at the court's desk, where progressive increases in the number of cases could be seen with 9,654 petitions in 2012 to 12,770 in 2014 and 12,792 last year.

The court's data also found that in Jakarta, wives are the party that filed most of the divorce petitions, accounting for almost 70 percent of the cases. Most of the women cited "disharmony" and "husband's lack of responsibility" as a pretext for filing divorce.

JF Warouw, a sociology expert from the University of Indonesia (UI), believes that living in a big city like Jakarta could be another factor to why divorce seems to be more common.

He argues that the individualistic culture in Jakarta makes people less dependent on second opinion from their close friends in making important decisions.

Many studies have found that a culture of individualism is more conducive to divorce than that of more tight-knit cultures in small cities, he says.

Another reason why more couples are calling it a day to their marriage is because people have changed their views about marriage. "The modern and relatively more educated society in Jakarta have a more open mind to divorce unlike people in small towns or villages," Warouw said.

Nico Angelo, 28, said he nor his former wife were at fault for their marriage ending, which had lasted six years. He believed that they married too young, before seeing their differences and eventually grew apart.

He and his wife then agreed that staying together was not ideal for them and their daughter. "We realized that there were too many differences between us and getting separated was the right thing to do," he said.

Source: http://www.thejakartapost.com/news/2016/09/24/have-messaging-apps-boosted-divorce-rates-jakarta.html

Graft & corruption

KPK demands immunity and elimination of ad hoc status

Jakarta Post - September 29, 2016

Marguerite Afra Sapiie, Jakarta – The Corruption Eradication Commission (KPK) has demanded the elimination of its ad hoc status so that it becomes a permanent state institution in order to strengthen the country's efforts to eradicate corruption, said KPK chairman Agus Rahardjo.

"[The KPK] is needed by this nation. Therefore, if we want to make corrupt practices a target [of legal reform], the [KPK's legal standing] might need to be revised," Agus told journalists on Thursday.

He said such an amendment should be included in the government's plan to formulate legal reform packages because as an ad hoc institution as stipulated in the 2002 KPK Law, the KPK is susceptible to being disbanded according to the will of the President.

Agus also demanded immunity for KPK commissioners and investigators when they worked on certain cases, especially to avoid the types of prosecution that have happened in the past.

"The immunity should be similar to the mechanism given to the commissioners of the Indonesian Ombudsman when they monitor services provided by the government and state-owned or private companies," Agus said.

Former KPK commissioners Abraham Samad and Bambang Widjajanto, along with KPK investigator Novel Baswedan, were arrested by the police for alleged breaches of the law after the KPK named Comr. Gen. Budi Gunawan a graft suspect.

President Joko "Jokowi" Widodo appointed Coordinating Political, Legal and Security Affairs Minister Wiranto to lead the reform of the legal system and law enforcement in July. The date the legal reform packages are to be issued has not been set. (bbn)

Source: http://www.thejakartapost.com/news/2016/09/29/KPK-demands-immunity-and-elimination-of-ad-hoc-status.html

Most corruption cases come from private sector: KPK

Jakarta Post - September 29, 2016

Ayomi Amindoni, Jakarta – Most corruption cases in Indonesia originate in the private sector through bribes and gratuities in the procurement and licensing process, according to the Corruption Eradication Commission (KPK).

KPK deputy for prevention Pahala Nainggolan said 30 percent of more than 500 corruption perpetrators processed by the commission were from the private sector. Businesspeople tend to bribe officials, whether from the government or in the House of Representatives, to expedite their business.

"So, there is the private sector and the procurement and the administration process. And there is a public official in the middle as a bridge," he said in Jakarta on Thursday, during the official launch of a global project to raise business integrity, the Alliance for Integrity.

Hence, he criticized those who complained about the ease of doing business and competitiveness in the country, but at the same time still perpetuated corruption in supporting their businesses, hampering the government's efforts to improve Indonesia's competitiveness.

In regard to the situation, the KPK welcomed an initiative to raise business integrity and compliance capacities in the private sector. "We hope the ultimate goal is that the private sector stops bribery in the public sector. If we can end this, the ease of doing business in Indonesia will automatically improve," Pahala said.

Sustainable advisor to the executive director of Indonesia Business Links (IBL), Yanti Triwadiantini, added that the top four sectors prone to corruption involving businesses were procurement and logistics, sales and marketing, tax and finance, and corporate social responsibility. (ags)

Source: http://www.thejakartapost.com/news/2016/09/29/most-corruption-cases-come-from-private-sector-KPK.html

Muhammadiyah youth rejects graft-convict remission revision

Jakarta Post - September 24, 2016

Marguerite Afra Sapiie, Jakarta – The youth wing of Indonesia's second-largest Islamic organization Muhammadiyah has called on the government to uphold its commitment to eradicating corruption, saying that any policy that could weaken law enforcement on corruption in the country must be rejected.

The youth wing's chairman Dahnil Anzar Simanjuntak said President Joko "Jokowi" Widodo should reject the draft revision of Government Regulation (PP) No.99/2012 on remission, which made it easier to grant remissions for graft convicts.

"The commitment [to eradicate corruption] should be maintained and the government should stop easing the remission mechanism for graft suspects," Dahnil said following his meeting with Coordinating Political, Legal, and Security Affairs Minister Wiranto on Friday.

He further said Wiranto had reiterated his commitment to strengthen the country's anticorruption measures during the meeting. He quoted the minister's statement, in which he said that he would support the Corruption Eradication Commission (KPK) to combat corruption in the country.

Following a meeting with a number of prominent legal experts on Thursday, Jokowi rejected Law and Human Rights Minister Yasonna Laoly's plan to make it easier for graft convicts to get sentence remissions, saying that once he received the final revision draft, he would return it to the ministry without any doubt. (ebf)

Source: http://www.thejakartapost.com/news/2016/09/24/muhammadiyah-youth-rejects-graft-convict-remission-revision.html

Jokowi nixes minister's plan to go soft on graft convicts

Jakarta Post - September 23, 2016

Ina Parlina, Jakarta – President Joko "Jokowi" Widodo is trying to restore public faith in his administration's corruption fight by flatly rejecting a plan by one of his ministers to make it easier for graft convicts to get sentence remissions. After a discussion with a number of prominent legal experts on Thursday, the President finally shed light on the fate of the plan, which antigraft activists say could undermine efforts to eradicate the country's rampant corruption.

The plan, initiated by Law and Human Rights Minister Yasonna Laoly, was included in the draft revision to the 2012 Government Regulation on remission.

The draft regulation said that graft convicts could receive remissions without having to become justice collaborators and that the ministry could grant remissions to graft convicts without consultation with the Corruption Eradication Commission (KPK).

The minister argued that such leeway for graft convicts was needed as correctional facilities across the country were overcrowded.

On Thursday, Jokowi told about 20 legal experts and human rights activists at the State Palace that he would reject the plan although he had yet to read the draft revision.

Last month, Yasonna said he had finalized the draft revision and sent it to the State Secretariat. However, the President has yet to receive the draft revision for him to give the final say, pending a review by State Secretary Pratikno.

"But, if it is there [...] I will return it [immediately], without doubt. I have yet to study [the draft revision] but, I will send it back. Period," Jokowi told his guests, who greeted his comments with laughter.

The statement has raised the hopes of anticorruption activists, who have taken it as a sign that Yasonna will be forced to withdraw his planned revision, which was initiated last year.

Under current regulations, corruption convicts must have acted as justice collaborators if they want to get remission, in addition to having served one-third of their prison sentence with good behavior.

The Law and Human Rights Ministry is also required to consult with related institutions that investigated the cases, such as the Corruption Eradication Commission (KPK), to get their recommendation on whether the convicts should be granted remission. Another requirement requires corruption inmates to have already fully paid either fines or reimbursements as determined by a court.

"There is no longer a reason for his minister [Yasonna] to press ahead with the plan," said constitutional law expert Refly Harun who was among Jokowi's guests.

During the discussion, some of the guests urged Jokowi to punish graft convicts through forced labor on public works, which they believed would have an effective deterrent effect.

Other guests called on Jokowi not to allow amendments to the KPK Law as they feared the revisions would weaken the antigraft body.

"The input included, for instance, deploying [graft convicts] on social-related works like street care and sweeping the street every day," another guest, former Constitutional Court justice, Harjono said.

Outside the Palace, anti-corruption campaigners also lauded Jokowi's pledge, with Erwin Natosmal of the Indonesian Legal Roundtable (ILR) said "there is no need to cater to the hidden agenda of corrupt officials".

Source: http://www.thejakartapost.com/news/2016/09/23/jokowi-nixes-minister-s-plan-go-soft-graft-convicts.html

Religion & morality

MPR warns teachers on dangers of liberalism

Jakarta Post - September 27, 2016

Jakarta – People's Consultative Assembly (MPR) member Ahmad Basarah has warned teachers on the dangers of liberalism, saying that it has drugged the nation.

"The nation has been under the spell of liberalism and capitalism, our minds are filled with the doctrine of consumerism," Ahmad said while addressing the Indonesian Teachers Association (PGRI) members during an expose of the MPR's four guiding pillars in Lampung on Monday, as quoted by Antara news agency.

Ahmad, a politician with the Indonesian Democratic Party of Struggle (PDI-P), said several aspects of community life in Indonesia had been compromised by liberalism, without people realizing it.

He cited examples of water, mobile phones and toothpaste, which are commonly used by society, as having been colonized by foreign nations. "Therefore I remind you that Pancasila is the basis and the state ideology. Pancasila values in society will usher in the purpose of the state," Ahmad said.

Liberal ideology has also entered the political arena; he went on, with a democratic system that is driven to be very expensive. Liberalism in politics is also evidenced in the high costs of those aspiring to be regional heads or House of Representative members, Ahmad added.

"Indonesian democracy has become a political industry, with regional heads and House memberships requiring exorbitant costs," he said. (liz/evi)

Source: http://www.thejakartapost.com/news/2016/09/27/mpr-warns-teachers-on-dangers-of-liberalism.html

Lawmakers throw in towel over prohibition bill

Jakarta Post - September 26, 2016

Stefani Ribka, Jakarta – The political force aiming to outlaw the production, distribution and sale of alcoholic beverages has collapsed against a wall of opposition, as lawmakers share their pessimism about the possibility of the controversial prohibition bill being passed into law by year-end.

Sponsored by the Islamic-based United Development Party (PPP) and Prosperous Justice Party (PKS), the bill has returned to the table after all 10 party factions of the House of Representatives agreed to endorse it as a priority bill in the 2016 National Legislation Program (Prolegnas).

The bill, which would ban the circulation of beverages containing more than 1 percent alcohol, has sparked widespread debate, including protests from alcoholic beverage producers, tourist industry players and local community leaders, who argue that prohibition would drive away tourists and debase local traditions.

While opposition to the bill mounts, lawmakers are also caught up in opposing camps.

Speaking in a recent discussion, PPP lawmaker Achmad Mustaqin, a member of the House's special committee for deliberation of the bill, said the PPP, PKS and the National Mandate Party (PAN), which support prohibition, were now in a standoff with the remaining seven factions – together controlling over 70 percent of House seats – that reject a total ban and instead endorse control over the consumption of the products.

Achmad said there was little chance of the bill getting passed into law by year-end. If it does not get passed, the bill must secure another spot in next year's Prolegnas or risk suspended deliberations.

"At this stage, what matters is intervention from [party] leaders. If they get involved, we'll just follow [what they say]," he said.

Indonesian Democratic Party of Struggle (PDI-P) lawmaker Hendrawan Supratikno and the Golkar Party's Noor Rachman, both members of the special committee, are also pessimistic about the passing of the bill.

"I'm not convinced that it will be passed this year," said both politicians, who represent the country's largest and second-largest political parties, respectively.

Despite being the world's largest Muslim-majority country, Indonesia is home to a number of local traditions and rituals that involve the consumption of alcohol, including those in East Nusa Tenggara and on the resort island of Bali.

Separately, Indonesian Retailers Association vice chairman Tutum Rahanta, urged lawmakers to abolish the word "prohibition" from the bill, saying that it would bring confusion to the business industry.

"We're experts in execution. We know for sure businesspeople will be discouraged [to invest] if they see the word prohibition in the title regardless of the exceptions in the explanation," he said.

In 2015, then-trade minister Rachmat Gobel issued Ministerial Regulation No. 6/2015, banning the sale of beverages containing more than 1 percent alcohol in minimarkets.

Following the regulation implementation, the beer industry saw sales and revenue drop by 30 percent, as most consumers used to purchase alcohol in convenience stores, said Tutum.

Data from the Indonesian Malt Beverage Industry Group, meanwhile, said the country's beer consumption per capita stood at 1 liter per year, much lower than Malaysia's 15 liters.

However, PPP lawmaker Mohammad Arwani Thomafi, who leads the special committee, said he believed the bill could be passed into law in mid-December during the House's final sitting session this year. "We want to complete deliberations sooner, but we need to find one voice to seal the bill," he said.

Source: http://www.thejakartapost.com/news/2016/09/26/lawmakers-throw-towel-over-prohibition-bill.html

Sex & pornography

Police investigating pornographic display on South Jakarta videotron

Jakarta Globe - September 28, 2016

Jakarta – Police have started an investigation into an incident in South Jakarta on Friday afternoon (30/09) that saw pornographic material being displayed on a so-called videotron, or outdoor video advertising screen.

The incident, which may be related to industrial sabotage, went viral on social media and it was also widely reported in the local media. "It is still being investigated. Our personnel are in the field," Jakarta Police spokesman Sr. Comr. Awi Setiyono told Beritasatu.com on Friday.

South Jakarta Police investigators have met with representatives of the content provider, Transito Adiman Jati, to investigate the incident.

"The South Jakarta Police chief, criminal investigation chief and personnel from the Jakarta Police criminal investigation unit have visited the advertising office to conduct an investigation," Awi said.

The 24-meter square videotron, owned by Matapena Komunika Advertama, which outsourced the content to Transito Adiman Jati, showed a clip from what appeared to be a Japanese pornographic film.

The video clip went viral after road users recorded and uploaded it to social media. The videotron was later shut down when local residents cut off the electrical supply.

Political fallout

Jakarta gubernatorial candidate Anies Baswedan has meanwhile urged the public not to politicize the incident ahead of the 2017 local election.

According to Anies, the pornography could have been uploaded by hackers via the internet from anywhere, and that is not related to Jakarta Governor Basuki "Ahok" Tjahaja Purnama's administration.

"I disagree with the connection between the videotron [case] and Mr. Basuki's candidacy, or the regional election itself," Anies said on Saturday.

He said the case is a minor event that needs to be addressed only on the lowest level, which is the management of the advertising company. He is also prepared to defend Ahok if the governor is accused of having been involved in the incident.

"Mr. Basuki had no business on this issue; do not involve or blame him. In this case, I clearly defend Mr. Basuki," the former education minister said.

Anies said he only hoped that the Jakarta administration would increase security and surveillance on existing videotrons in the capital and ensure fast reporting mechanisms to avoid similar incidents in future.

http://jakartaglobe.beritasatu.com/news/police-investigating-pornographic-display-s-jakarta-videotron/

Regional autonomy & separatism

Government to revoke bylaws halting development

Jakarta Post - September 27, 2016

Jakarta – Home Minister Tjahjo Kumolo said on Monday that his ministry would revoke a large number of bylaws deemed to be hampering regional development.

"We will retract 101 bylaws that have hampered regional development," he was quoted by kompas.com as saying in an evaluation meeting with the ministry's inspectorates general in Jakarta.

He said that the ministry was currently drafting an inventory list to determine which bylaws would be revoked. "We will announce the list next week. Everything is recorded and noted," he said.

Previously, President Joko "Jokowi" Widodo revealed that his administration had revoked 3,143 bylaws deemed to be problematic. "I would like to convey that the Home Ministry, in line with its authority, has revoked 3,143 bylaws," Jokowi said in June.

He added that the revoked bylaws had hampered regional economic growth due to lengthy and difficult bureaucratic requirements that resulted in a complicated permit issuance process for businesses and investors.

Source: http://www.thejakartapost.com/news/2016/09/27/national-scene-govt-revoke-bylaws-halting-development.html

Parliament & legislation

Setya's return as House speaker in sight

Jakarta Post - September 30, 2016

Margareth S. Aritonang and Nurul Fitri Ramadhani, Jakarta – Golkar Party chairman Setya Novanto may regain the House of Representatives' speaker post after the legislature's ethics council cleared his name from a recent corruption allegation.

Setya, who was at that time House speaker, was examined for an ethics breach last year after he was reported to the council for alleged illicit lobbying in relation to a work contract with mining firm PT Freeport Indonesia.

Then energy minister Sudirman Said provided taped conversations of Setya with the company's then president director Maroef Sjamsoeddin and oil importer Reza Chalid.

The examination did not lead to a verdict since Setya tendered his resignation as speaker just hours before the council would decide on the case.

Ethics council head Sufmi Dasco Ahmad said the council agreed to restore Setya's name in regard to the case.

On behalf of Setya, Golkar has submitted an official letter requesting the House's ethics council clear Setya's name, arguing a recent court ruling defends such a demand.

Quoting a recent Constitutional Court ruling that has ruled out the use of recordings as evidence in conspiracy cases, Setya asked the House to formally clear his name. "The ruling shows that the accusation against Setya Novanto over a conspiracy is baseless," the letter said.

Setya may retain the House's top position any time once the House's ethics body officially announces his innocence. The council's code of conduct only requires the ethics body to declare Setya's name clean in a plenary meeting, which will immediately unlock the door for him to return as speaker.

A member of the party's central board, Yorrys Raweyai, admitted that Golkar was discussing the possibility. "But it's still a plan, a far away plan. And, it will take a while for it to materialize," Yorrys told The Jakarta Post.

Setya tendered his resignation as House speaker last year amid the investigation into his reported ethical violation that caught nationwide attention, instead of resisting calls to quit and possibly being dismissed.

It is not the first time Setya successfully has thwarted accusations against him. His name previously has been mentioned in several graft-ridden scandals, from a case involving rice imports from Vietnam in 2003 to procurement related to the electronic identity card (e-ID) program in 2013, just to name a couple. However, he has never been convicted.

Golkar deputy secretary general Tubagus Hasan Syadzily explained that the decision to return the party's chairman on the House speakership would depend on internal mechanisms. He declined to specify, emphasizing that "For us, what matters most is to have his [Setya] name restored".

Source: http://www.thejakartapost.com/news/2016/09/30/setya-s-return-house-speaker-sight.html

House exonerates disgraced former speaker following Constitutional Court ruling

Jakarta Globe - September 29, 2016

Jakarta – The House of Representatives' ethics council has revoked a verdict which found former speaker Setya Novanto – now Golkar chairman – guilty for violating the legislative body's ethical codes by attempting to extort $4 billion in shares from mining company Freeport Indonesia, after the Constitutional Court ruled that secret audio recordings used as evidence in the case were inadmissible by law.

A member of the ethics council, Syarifuddin Sudding of the People's Conscience Party (Hanura), said the verdict was officially revoked on Tuesday (27/09).

The Constitutional Court had approved a judicial review – filed by Setya – on Law No. 11/2008 on Electronic Information and Transactions. The court ruled that secret recordings not conducted by law enforcers or ordered by the court are unlawful and cannot be used as evidence in a criminal case.

"According to the Constitutional Court ruling, these recordings should not have been used as evidence in the case," Sudding said in Jakarta on Wednesday.

Setya stepped down as House speaker on Dec. 15 after the ethics council found him guilty of misusing President Joko "Jokowi" Widodo's and Vice President Jusuf Kalla's names to demand bribes from Freeport Indonesia.

Former energy minister Sudirman Said had leaked audio recordings made in secret by Freeport Indonesia chief executive Maroef Sjamsoeddin during a meeting with Setya and oil tycoon Riza Chalid in Jakarta in June 2015.

The tapes revealed that the politician and the oil tycoon claimed they could help with the US miner's contract renegotiation with the government in exchange for a 20 percent stake in the company.

Source: http://jakartaglobe.beritasatu.com/news/house-exonerates-disgraced-former-speaker-following-constitutional-court-ruling/

Jakarta & urban life

Forced evictions inhumane, against the law: Activists

Jakarta Post - September 29, 2016

Callistasia Anggun Wijaya, Jakarta – Activists from 70 civil organizations nationwide grouped under Gema Demokrasi (Democratic Resonance) expressed their solidarity with Bukit Duri evictees, saying that the forced evictions were inhumane and against the law.

Dhyta Caturani, spokesperson of Gema Demokrasi, said activists would assist the residents until justice was served.

"We will stand together with the residents and support their decisions regarding the legal, social and political aspects of this case," Dhyta said in Bukit Duri, South Jakarta, on Thursday.

Following hot debate on social media between those who oppose and support the evictions, Dhyta urged the public to further examine the Jakarta administration's eviction plan.

"The public should look at the situation fairly and not just buy the administration's version of the story. The residents in Bukit Duri were blamed for flooding, but other factors have caused flooding," she said.

She believed disorganized spatial planning in the city had exacerbated flooding. As an example, the administration kept issuing permits for the construction of malls and high buildings. Those buildings have eliminated the absorption area in the city, she said.

She also hoped the public would not let the forced evictions occur despite the administration offering low-cost housing. Aside from a place to live, residents need to maintain their livelihoods, she said. (bbn)

Source: http://www.thejakartapost.com/news/2016/09/29/forced-evictions-inhumane-against-the-law-activists.html

Jakarta loses its urban villages as it becomes less inclusive

Jakarta Post - September 29, 2016

Corry Elyda and Agnes Anya, Jakarta – Ranto Poltak Tambunan, a 48-year-old resident of Bukit Duri, South Jakarta, looked dazed as an excavator escorted by 550 personnel from the Jakarta Police and Public Order Agency tore down his and his neighbors' houses brick by brick on Wednesday morning.

Sadness struck him that sunny morning as he realized that his home and neighborhood where he was born, raised and lived were now only ruins. "I was born here in 1968, I have spent all of my life here," he told The Jakarta Post.

Ranto, who has moved his belongings to a boarding house in Senen, Central Jakarta, recalled some of the most precious memories he had with other residents. "The social bond within the neighborhood was really strong, especially when we got together for gotong-royong [communal self-help]," he said.

The same sentiment was also expressed by Ucok, 21, who was actively involved in activities organized by Sanggar Ciliwung Merdeka, an organization that had been dedicated to empowering Bukit Duri residents since 2000. Ucok said he was most upset by the demolition of the organization's hall.

"Bukit Duri's young people found the right place to release their energies at Ciliwung Merdeka's hall. We frequently sang and played guitar there," he said, adding that the youths would keep the relationship intact as long as the organization still existed.

Most local youths had strong ties with Ciliwung Merdeka as it held many activities like dancing, singing and theater performing.

Bukit Duri is only one of dozens of urban villages that have been wiped out by the city administration's clearance program.

The disappearance of these disorganized yet lively villages has also erased many values that helped their residents not only to survive and but also thrive despite being disfranchised in many ways, including through a lack of property rights.

The Jakarta Legal Aid Institute (LBH) has recorded that the city administration conducted 113 clearances last year, affecting 3,433 families. The 113 clearances involved the destruction of 8,145 houses and 6,283 small enterprises. According to the LBH, most of the residents had lived more than 30 years in their homes before being evicted.

This year, the areas that have been cleared include Pasar Ikan in North Jakarta, Kali Jodoh in West Jakarta a former red-district district, and Rawajati in South Jakarta.

The Rujak Center for Urban Studies says that at least 10 other areas are due for clearance as most of them occupy state land or they contravene the spatial plan of the city administration.

Meanwhile, relocation to low-cost apartments does not necessarily solve the residents' problems. Irmawati, 23, who was relocated from Pluit to Muara Baru low-cost apartments (rusunawa) in North Jakarta, said that when her husband lost his motorcycle, she suddenly missed her old neighborhood.

"We usually took care of each other. Although we were poor, we were rarely robbed as the neighbors usually cared for our belongings," she said.

Abidin Kusno, an urban culture expert from the University of British Columbia in Canada, said that Jakarta was likely to become a less inclusive city, whose cross-class residents refused to help each other, if its stakeholders continued to reduce urban villages in the capital while developing only upscale properties.

"The evictions show the administration is unwilling to habilitate residents of urban villages. They should realize that they're dealing with people who have built their living strategies and relations over a long time," said Abidin.

"It's a complex issue that cannot actually be accommodated in high-rise residences, like rusunawa [low-cost apartments]," he said. (adt)

Source: http://www.thejakartapost.com/news/2016/09/29/jakarta-loses-its-urban-villages-it-becomes-less-inclusive.html

Fulbright scholar arrested for alleged visa violation

Jakarta Post - September 29, 2016

Agnes Anya, Jakarta – The South Jakarta Immigration Office arrested Fulbright researcher Frank Sedlar during the eviction in Bukit Duri, Tebet, South Jakarta on Wednesday for an alleged visa violation.

Sedlar, a civil engineer from the University of Michigan, the US, reportedly aroused officials' suspicion as he had come to the eviction site with advanced photography equipment, such as tripods and a high-tech camera, like a professional journalist.

"We need to question him as he carried out activities that are not in accordance with his visa," said South Jakarta Immigration Office spokesman Heru Santoso. "He indeed holds a research visa but why must he take pictures of the eviction in Bukit Duri?"

Sedlar came to the site with an American friend, who only holds a tourist visa, he further said. The immigration office also arrested Sedlar's friend.

"We had to make the arrest [...]. We have to be constantly alert right?" said Heru, adding that Sedlar had claimed that the pictures were for his personal use.

Meanwhile, the American Indonesian Exchange Foundation (AMINEF), a bi-national organization that manages the Fulbright program, confirmed the arrest.

However, it declined to further comment as by Wednesday late afternoon it had yet to meet with Sedlar or Immigration Office staff members to discuss the matter.

"This evening, we will question Sedlar on why he was at the site and what he wanted to do with the pictures," AMINEF spokeswoman Miftahul Mardiyah told The Jakarta Post. "We plan to follow up the issue with the Immigration ce too as it called us this afternoon to confirm that Sedlar was our researcher."

Sedlar was reportedly released by the Immigration Office on Wednesday evening but he is required to report back on Thursday with assistance from AMINEF. Meanwhile, his friend will reportedly be deported to the US on Thursday.

Sedlar, who also took part in establishing the flood-mapping portal petajakarta.org, was believed to be at the site due to his concerns about the city's normalization program.

Previously, Sedlar conducted research on flooding in the capital and found that residents had little awareness about river conservation as they had limited access to river water – which he attributed to the administration's sheet pile projects.

He claims that the administration and citizens have a tendency to treat water as their enemy as the piles tend to create an image that the river is the source of flooding, he said.

Meanwhile, without the sheet piles, the residents could observe the water, their source of daily life. Hence, aside from easily fulfilling their needs, they can also take part in mitigating floods. "Water is a valuable asset. It is not a source of flooding but of livelihoods," Sedlar told The Jakarta Post in February.

Source: http://www.thejakartapost.com/news/2016/09/29/fulbright-scholar-arrested-alleged-visa-violation.html

Evictees, activists take 'Eviction Law' to Constitutional Court

Jakarta Post - September 28, 2016

Indra Budiari, Jakarta – Recent evictions carried out by the city administration have been met with resistance by various parties, including human rights group, scholars, urban planners and the evictees themselves.

The Jakarta Legal Aid Institute (LBH Jakarta) believes that most evictions have been carried out using a law that is no longer relevant to the current situation.

Along with residents who have been evicted by the city administration, the institute filed an application with the Constitutional Court on Tuesday for a judicial review of articles 2, 3, 4 and 6 of Law No. 51 Prp/1960 on the prohibition to use land without permission from the rightful owner or the owner's proxy.

LBH Jakarta stated that it considered that the law was issued when the government believed that the fight against corruption at that time had to be undertaken with a stronger approach and that valuables, including land, without any rightful owners could be seized by the government.

"It might have been effective at that time, but now it has been used by the city administration to claim land that was not owned by anyone without a proper legal process and kick out everyone who lived on the land," LBH Jakarta lawyer Alldo Felix Januardy told The Jakarta Post after he submitted the judicial review dossiers to the court.

The "Consideration" section of the law says that it was issued under the State of Emergency Law No. 74/1957, a law that was annulled in 1959 when the 1945 Constitution came back into effect.

Meanwhile, the disputed articles have given authority to regional administrations to evict people using or living on land that they do not own, even if the land is not owned by the state or regional administration.

Alldo said many evictions had been carried by the city administration by using this law as the legal basis, while he was certain that any residents living on land for a long time are entitled to apply for ownership to the National Land Agency (BPN).

According to Alldo, if residents are required to prove their right of ownership over the land, the administration should also show all documents that state it deserves to manage the land.

"But what happened now is this access for people to land ownership was made difficult by the BPN, while the city administration could claim the land anytime it wants," he continued.

The city administration has been repeatedly criticized for its eviction policy, which according to rights groups has caused great harm to the victims.

LBH Jakarta recorded that the administration carried out 113 clearances in 2015, with 8,315 families evicted and more than 6,283 businesses affected. It has also found that most of them were performed without any prior discussion with the residents.

Rojiyanto, 38, is one of hundreds of residents who saw their houses in Papanggo, North Jakarta, torn down by the city administration in 2008 to make way for the BMW Park project in Tanjung Priok. Prior to the clearance, he and other residents tried to apply for ownership over the land.

Have lived in the neighborhood since 1996, Rojiyanto thought he had a chance to claim the land legally, but the BPN decided otherwise. He is now also an applicant party of the judicial review.

"We even fought for our land all the way to the Supreme Court that [ended with a] tie, but unfortunately we have never won," he said. "Maybe it will be different this time."

Currently the administration has also planned to evict hundreds of residents from Bukit Duri, South Jakarta, saying that they do not have permits to live in the area.

Although the Central Jakarta District Court urged the administration to halt the evictions because of the residents' lawsuit, the city said it would continue with the plan.

Source: http://www.thejakartapost.com/news/2016/09/28/evictees-activists-take-eviction-law-constitutional-court.html

LBH Jakarta says Bukit Duri evictions violate law, disrespect court

Jakarta Post - September 28, 2016

Callistasia Anggun Wijaya, Jakarta – The Jakarta Legal Aid Institute (LBH Jakarta) has slammed the city administration for the upcoming evictions that will be conducted in the Bukit Duri urban kampung in South Jakarta on Sept. 28.

Citra Referendum, a public attorney with LBH Jakarta, said that the evictions would not be undertaken based on proper procedures, especially when the residents claimed that they did not know about the administration's plan to "normalize" the Ciliwung River. They said the administration never engaged in discussions with them regarding the program.

"We believe that the Jakarta administration has conducted forced evictions and they failed to perform the obligations provided in the International Covenant on Economic, Social and Cultural Rights under Law No. 11/2005," Citra said in a statement on Tuesday.

The residents also claimed they were subject to intimidation during their evictions. Every day, police and military (TNI) personnel went around the kampung and forced them to take low-cost apartments provided by the administration, despite the objections of some residents.

"We urge the TNI and police to not take part in the forced evictions as it will surpass their authority according to the law," Citra said.

The administration has also disrespected the ongoing process in the Central Jakarta District Court and Jakarta state administrative court by deciding to clear the Bukit Duri residential area, she said. (evi)

Source: http://www.thejakartapost.com/news/2016/09/28/lbh-jakarta-says-bukit-duri-evictions-violate-law-disrespect-court.html

Bajaj, does Jakarta need it?

Jakarta Globe - September 24, 2016

Jakarta – For many Jakartans who seek short rides to places where no buses or minibuses can reach, Bajaj, a three-wheeled taxi, always comes in handy.

The iconic three-wheeled scooter-taxi was first imported from India in 1975, during President Soeharto's rule, with an aim to replace becaks, or rickshaws, that were then ubiquitous in the country's capital.

Four decades since then, Bajajs have become almost synonymous with Jakarta. Unlike their counterparts in India, Jakarta's bajajs are not metered – charges are based on negotiation with the drivers.

But as Jakarta grows into a busy, crowded metropolis, filled with large malls, skyscrapers and high-rise buildings, the tricycles are now deemed unfit to serve modern travelers.

Bajajs began to be seen as unsafe and a veritable source of pollutants, while their drivers are often accused as undisciplined, if not downright careless. The old orange Bajajs, especially, have gained a well-deserved reputation as smoke-spewing, noisy and belligerent road pests.

"Only God and the driver knows where the Bajaj is going to turn," as the adage now says, referring to the fact that the old orange Bajaj is not fitted with signal lights.

"They are annoying. They're big, but they behave like motorbikes, going up on pedestrian strips and blocking traffic," Andi, 30, a private employee who rides a motorbike to his office, said.

Marliana, 31, a mother of two, claims the Bajajs' bad image has not stopped her from taking them every day.

"I need them, they are easy to find and can quickly get me to the market. The ride is a bit shaky, but it's fine," she said, adding that her children also love to ride Bajajs as their open windows means they rarely get carsick.

Since 2006, many refreshed Bajajs have been seen in the capital, as the Indian Bajaj Auto's local partner Abdi Raharja won permits to import thousands of new blue four-stroke, compressed natural gas-run vehicles, to replace the older two-stroke orange models.

Phasing out old Bajaj?

While the public is not entirely against the three-wheeled vehicles, the Jakarta city government has made several efforts to phase out Bajajs by limiting the areas where they can park and ride, and by freezing permits for new operations.

In July, the Jakarta Transportation Agency banned Bajaj from stopping and waiting for passengers in front of the Presidential Palace, or along Jalan Medan Merdeka Utara in Central Jakarta.

Land Transportation Organization (Organda), an umbrella organization for public land transport businesses, has recently submitted a proposal to transform Bajajs into four-wheeled vehicles and transform them into minicabs, but with an engine capacity of less than 300 cubic centiliters.

Shafruhan Sinungan, who heads Organda in Jakarta, told Kompas.com that the organization plans to buy around 2,000 of the modified Bajajs. He said Organda is currently discussing the plan with the Jakarta Transportation Agency.

Jakarta Governor Basuki "Ahok" Tjahaja Purnama does not seem to like the plan, arguing it will trigger an increase in the number of Bajajs driving across the capital and interfere with the administration's grand plan to get more people to use public transportation, especially the buses.

"Our focus is on bigger means of transportation. If our buses, which charge only Rp 3,500 (less than 30 cents) can transport people home, [Bajaj] will have no chance [to survive]," Ahok said.

Ahok said the city administration has been kind enough to still allow Bajaj's presence in the capital, but he will stick to the regulation that no more new permits for Bajaj drivers will be issued. Currently, there are about 14,000 blue and orange Bajajs in the capital.

Chairman of the Institute for Indonesian Transportation (Instran) and transportation expert Dharmaningtyas said Jakarta still needs Bajaj and the tricycles have a strong legal basis for their continuing existence.

He was referring to the Jakarta regional government's regulation No. 4 of 2014, according to which Bajaj is defined as a para-transit mode of public transportation and allowed to operate on Jakarta's roads.

"This mode of transportation is needed by housewives when they need to go to the market, by kids going to and from school, basically almost everyone who travels short distances," Dharmaningtyas said.

He said the strong demand for such mode of transportation can be seen from the fact that Bajaj drivers all across the city can still afford the daily rental fee of up to Rp 160,000 per day to the vehicles' owners.

According to him, para-transit public transport, which can connect areas not touched by buses or other larger public transport, will actually see an increasing demand.

Dharmaningtyas based his arguments on a study carried out by Instrans, which showed that in 2010, 21.5 million people used public transportation in the greater Jakarta area. In 2015, the figure soared to 47.5 million as the population in the city and its outskirts increased.

He called on the Jakarta government to make a clear road map for public transportation to support the huge movement of people in the capital and its surrounding cities.

Dharmaningtyas said the three-wheeled Bajaj, due to its functionality, needs to remain in the capital, but its routes should be regulated so that its road presence does not overlap with other modes of public transportation.

Source: http://jakartaglobe.beritasatu.com/business/bajaj-jakarta-need/

Film & television

New book digs deeper into history of Indonesian cinema

Jakarta Post - September 26, 2016

Hans David Tampubolon, Jakarta – Behind the glitz and glamour of the Indonesian film industry, there are a few passionate individuals who do their work quietly and silently contribute to the preservation of the country's film history away from the limelight.

The history of Indonesian cinema is the focus of a newly launched book titled Sinema Pada Masa Soekarno (Cinema in the Time of Sukarno) by historian Tanete Pong Masak.

The book was originally a doctoral dissertation written by Tanete in the 1980s when he obtained a scholarship to study the history of cinema at the Ecole Des Hautes Études En Sciences Sociales in Paris, France. The six chapters of the book discuss different periods of Indonesian cinema.

While the title suggests that the book might only talk about the cinema during the time of Indonesia's first president Sukarno, it actually provides much more information about the development of film in Indonesian society before Sukarno's presidential term began.

Tanete wrote the history of Indonesian film from the early 1900s to 1970, the year Sukarno passed away after being held captive by his successor, Soeharto, who took over the presidency in 1967 and became the country's ruler for nearly 32 years.

The author said the social-political situation during Soeharto's New Order regime triggered him to write his dissertation on cinema in Indonesia during the time of Sukarno.

"At that time [the New Order period], to talk about anything that took place during Sukarno's time was prohibited. We were not allowed to talk about Sukarno let alone the stories that took place during his period," Tanete said during a recent discussion.

"Therefore, I decided to write a dissertation that focused on the history of the cinema when Sukarno was alive and when he was still the president."

He said it was very difficult to write the dissertation since nobody else had done any research on the history of Indonesian cinema. "Indonesian cinema was perceived as meaningless and insignificant," he said.

Tanete began his dissertation in the summer of 1980 and he completed it in 1989. During that nine-year period, he spent a lot of time going back and forth between Paris and Amsterdam in the Netherlands to compile documents and recordings of old Indonesian films.

The results of Tanete's efforts are not disappointing. His dissertation, which has now become a book, is probably the most complete historical archive of Indonesian cinema in the world.

The historical documentation of Indonesian film is evident in the way the book manages to demystify some of the familiar notions about the country's film history.

For example, Indonesian history books have always referred to Loetoeng Kasaroeng (1927) as the first fiction film to have been produced in Indonesia.

However, Tanete's research reveals that the first fiction film produced in Indonesia was Mina Het Dienstmeisje In Koopen Doen (Mina the Maid Goes Shopping), which was produced in 1914.

Writer, poet and scriptwriter Seno Gumira Ajidarma said Tanete's book offered a lot more than just an historical timeline of Indonesian cinema.

He praised the book for its narrative simplicity despite the massive amount of information and knowledge that it delivers. "Reading the book is like reading a novel. It just flows," Seno said.

Seno said Tanete had also written an entertaining book by putting in the contextual background and including stories that showed how film had affected Indonesian society and vice versa.

For example, Seno said there were parts of the book that showed how Hollywood clearly had a significant influence not only on Indonesian film, but also on local Indonesian film critics.

"At that time, there was a lack of human resources in the field of film criticism. So, we read reviews that were very simplistic. For example, it is not surprising to see how reviewers at that time deemed a film bad simply by saying it was 'not Hollywood enough'. These kinds of stories are very interesting," Seno said.

Source: http://www.thejakartapost.com/news/2016/09/26/new-book-digs-deeper-history-indonesian-cinema.html

Armed forces & defense

Military commanders visit Soeharto's grave

Jakarta Post - September 29, 2016

Karanganyar – Indonesian Military (TNI) Commander Gen. Gatot Nurmantyo and all three chiefs of staff visited the grave of former president Soeharto at Astana Giri Bangun in Karanganyar, Central Java, on Wednesday ahead of the military's anniversary celebration.

During their visit, they were welcomed by Soeharto's second daughter, Siti Hediati "Titiek" Soeharto.

"This is part of marking the TNI anniversary on Oct. 5. Starting this year, we will visit the graves of former presidents and military commander Gen. Soedirman," Gatot said Wednesday.

Before visiting Soeharto's grave, the generals visited the graves of founding president Sukarno in Blitar and former president Abdurrahman Wahid in Jombang. Both graves are in East Java. They will also visit the grave of Soedirman in Yogyakarta.

Source: http://www.thejakartapost.com/news/2016/09/29/island-focus-military-commanders-visit-soeharto-s-grave.html

Criminal justice & legal system

Government set to introduce legal reform packages

Jakarta Post - September 29, 2016

Marguerite Afra Sapiie, Jakarta – The government is set to introduce legal reform packages that are expected to improve law enforcement and the justice system, says Coordinating Political, Legal, and Security Affairs Minister Wiranto.

The reform packages are necessary as the justice system, which covers legal instruments, law enforcers, as well as legal culture, was still problematic and thus should be refined to present more effective law enforcement, the minister said.

"[The legal reform packages] are expected to construct a new legal culture that can guarantee legal certainty for all people," Wiranto told journalists on Wednesday in Jakarta.

Some laws might be scrapped or revised, he said, but not without going through a comprehensive study. The reform aims to simplify and mend legal instruments, both in national and local legislation, that often overlap, resulting in unclear law enforcement.

By improving the justice system, the legal reform packages also aim to improve legal culture. With clearer regulations, Indonesians are expected to be more attentive in obeying and upholding laws, which will directly strengthen law and order, Wiranto said.

While the date of introduction for the legal reform packages has yet to be set, the ministry is intensifying coordination with relevant institutions, including the Law and Human Rights Ministry, the Attorney General's Office, and the National Police to discuss issues. (ags)

Source: http://www.thejakartapost.com/news/2016/09/29/govt-set-to-introduce-legal-reform-packages.html

Controversial ITE, KUHP bills may lead to overcriminalization

Jakarta Post - September 28, 2016

Hans Nicholas Jong and Nurul Fitri Ramadhani, Jakarta – Which is worse: traveling to Indonesia without proper travel documents or funding terrorism? The answer is the former, according to the nation's legislation.

Under the 2011 Immigration Law, careless or hapless tourists could spend a maximum of five years in prison for overstaying. Meanwhile, those convicted of financing terrorism would only spend, at worst, four years in prison for endangering other people with their deeds.

Another question: Is it a crime to recklessly destroy archived documents? According to the 2009 Archive Law, it is. And, by the way, you may have to spend 10 years behind bars just for doing that.

Following the downfall of Soeharto, which led to political contestation among ideologies that were suppressed by the former strongman of 32 years, the country has enacted hundreds of laws that fail to differentiate between minor offenses and serious crimes, even criminalizing harmless actions.

This trend is not going to end anytime soon, with a number of bills now in the pipeline containing provisions that could lead to what legal experts dub over-criminalization.

Members of the House of Representatives and government officials are currently deliberating revisions to the Criminal Code (KUHP), enacted in 1946 and considered as a mere copy of the criminal law made by the Dutch administration.

The bill contained many contentious articles, Institute for Criminal Justice Reform (ICJR) executive director Supriyadi Widodo Eddyono told The Jakarta Post recently.

In the current KUHP, only zina, adultery or sex between a married person and a person who is not his or her legal spouse, is outlawed. But some lawmakers are seeking to expand the definition of zina, which they say should include all consensual sex outside marriage.

A number of conservative academics are challenging the provision on adultery in the current KUHP at the Constitutional Court to ensure that the House will expand its legal definition, as the failure to do so, if the court rules in their favor, would violate the 1945 Constitution.

"The bill contains articles related to moral values, such as the articles on casual sex and restriction on contraception," Supriyadi said.

A coalition of civil society groups called the KUHP Reform National Alliance argued that articles related to moral values in the bill, which contains 786 articles as compared to 569 in the current KUHP, are victimless crimes. Article 481 of the bill, for instance, stipulates that anyone who unsolicitedly shows or offers contraceptives to other people could be charged with a felony.

Another article that might lead to over-criminalization is the article on insulting the president, said Legal Aid Institute for the Press (LBH Pers) research and networking division head Asep Komarudin.

The Constitutional Court scrapped three articles on defaming the president from the KUHP in 2006, on the grounds that the provisions contravened freedom of speech provisions in the Constitution. The court also said the articles created uncertainty, as they were subject to multiple interpretations.

However, the House will reinstate "insulting the president" as a criminal offense in the bill, arguing that such a stipulation is essential to uphold the dignity of the president and vice president.

The article would only make life more difficult for the country's netizens, who are already facing a draconian defamation regulation under the 2008 Electronic Information and Transaction (ITE) Law. The law has sent hundreds to jail just for writing their opinions online.

To make matters worse, lawmakers are considering inserting a new crime in the revisions to the 2008 law: cyberbullying.

"This is a new crime – I do not know what it is based on. Bullying should be stipulated in the child protection law and criminalization is not the only way [to prevent cyberbullying]. There are other ways, like [through] education," Asep said.

Hanura Party faction secretary Dadang Rusdiana claimed they have justifications for deliberating proposals to incorporate morality articles in the KUHP. Prohibiting people from offering contraceptives, he said, could be justified as the public is still divided on the issue. Some people consider contraception as positive to birth control, while other people see contraception as a way to promote free sex, he said.

"Whether the laws are considered as over-criminalizing people depends on a person's ideology. For example, on the article on adultery in the Criminal Code bill, some civil society groups may refuse to expand the definition of zina because they believe it's a private matter.

But for me, [as a politician from] an Islamic-based party, it's a crime," Arsul Sani from the United Development Party (PPP) said.

NasDem Party lawmaker Johnny G. Plate defended the lawmakers' attempt to regulate social media, saying that many people ignore ethics when using technology.

"Principally, laws are made to control the order of life. The freedom of expression should be prioritized but it should be controlled as well, so that one's freedom does not violate other people's freedom," he said.

Source: http://www.thejakartapost.com/news/2016/09/28/controversial-ite-kuhp-bills-may-lead-overcriminalization.html

Overburdened judges cause miscarriages of justice

Jakarta Post - September 27, 2016

Ina Parlina, Jakarta – While constantly under fire for poor and unfair decisions, judges at lower courts are also shouldering the heaviest task in upholding justice, since they are the ones who first examine and structure witnesses and evidence in cases.

Recent data released by the Judicial Commission shows that many lower court judges in five major provinces in the country have been reported by the public for alleged ethical breaches.

As of August, the commission, which has received 1,092 reports from the public concerning alleged ethical breaches by judges, found that courts in Jakarta, East Java, North Sumatra, West Java and Central Java also had the most cases in the country.

Jakarta province received the most complaints, with 20.6 percent of the total, while East Java accounted for 10.53 percent, North Sumatra 9.52 percent, West Java 8.33 percent and Central Java 5.49 percent.

Although the commission said many things were behind the number, the finding raises questioned about the importance of improving the recruitment of judges to attract only the best lower court judges while boosting the skills and professionalism of judges.

Judicial Commission commissioner and spokesman Farid Wajdi confirmed that the figure showed not only that the low number of judges handling the mounting cases at lower courts could be among the reasons for the quality of the hearings but also that judges' professional skills needed to be improved.

"In terms of professional experience, the judges at 1A lower courts are actually senior judges," Farid said.

Other reasons for the number were the high complexity of cases and better public access to the lower courts and to the commission, as well as more transparent trials at lower courts compared to other courts, said Farid.

The hope of introducing more comprehensive means to reform the judiciary, particularly after the commission lost its authority to partake in the recruitment of lower court judges last year, is now pinned on a plan to introduce a law on judges' positions aimed at building up an instrument to improve the standards of integrity in the judicial environment.

The House of Representatives' Legislative Body (Baleg) discussed the draft bill early this month and is set to be further discussed by the House's legal affairs commission. A number of crucial efforts to reform the judiciary are expected to be included in the bill, for instance, a provision that will limit Supreme Court justices' term of five years, with possible extensions every five years after evaluation by the commission and approval from the House.

The commission has given Baleg input on the bill and highlighted the importance of forming a selection committee for judge recruitment, which should also involve independent actors such as members of the public and legal scholars.

The Supreme Court, which has long opposed the idea of monitoring by the commission, got a leg up from the Indonesian Judges Association (IKAHI) after the group won a petition in October at the Constitutional Court that stripped the commission of its role in lower court judge selection.

However, there is no reason not to involve other entities in the process, said Choky Ramadhan from the University of Indonesia's Judicial Watch Society (MAPPI), whose institution has been involved in Supreme Court reform. "Checks and balances in the process cannot be done if is under the sole jurisdiction of the Supreme Court," Choky said.

Supreme Court justice Suhadi, who is also the spokesman of the country's top judicial institution, admitted that the mounting cases was the biggest challenge.

The Supreme Court will leave the decision on whether to introduce a new vetting mechanism for lower court judges, said spokesman justice Suhadi. "All this point, we have involved those from the public in the selection process, for example in ad-hoc judges' selection," Suhadi said in his defense.

The Supreme Court, however, strongly rejected the plan of assessing judges every five years.

Source: http://www.thejakartapost.com/news/2016/09/27/overburdened-judges-cause-miscarriages-justice.html

Indonesia creates more than 40 new crimes per year since 1998

Jakarta Post - September 23, 2016

Hans Nicholas Jong, Jakarta – A study by the University of Indonesia (UI) shows that the country has been harshly classifying harmless activities as crimes since the downfall of Soeharto.

The study, presented by UI law researcher Anugerah Rizki Akbari during a hearing on the legality of extramarital sex at the Constitutional Court on Thursday, has found that between 1998 and 2014, lawmakers and the government enacted 154 new crime laws.

Two-thirds of them punished actions or behaviors that were not previously considered crimes. "The number of the new crimes [within that period] were 716. So imagine that, we created 716 new punishable crimes just in the span of 16 years. That's more than 40 new crimes per year," Anugrah told The Jakarta Post after the hearing.

He said it was too easy for otherwise law-abiding citizens to run afoul of the overwhelming number of criminal laws in the country.

Anugerah said Indonesia looked to the criminal justice system to resolve far too many wrongs, grievances and disputes. "But not every harmful or unjust act should be labelled a crime warranting a criminal conviction and incarceration," he said.

The country is now facing over-criminalization, defined as an act of imposing unbalanced penalties with no relation to the gravity of the offense committed or the culpability of the wrong doer. It is also understood as the imposition of excessive punishment or sentences without adequate justification.

Anugerah cited an example of someone who was criminalized for charging his phone using the electrical socket of a shopping mall. "They [prosecutors] thought the action could be criminalized under the Law on Electricity," he said.

The Electronic Information and Transaction (ITE) law is another example of legislation that over-criminalizes harmless activities, such as commenting on a friend's status update on Facebook or Twitter.

Since its passing in 2008, the ITE Law, which mandates criminal punishment for anyone who purposely and without authority distributes electronic information or documents with libelous or defamatory content, has sent at least 200 people to jail for expressing their opinions on the web.

Law enforcers and legislators should treat the criminal justice system as a last resort, the National Commission on Human Rights (Komnas HAM) said.

"Criminalizing an act is the last resort. It should only be taken if other previous steps were insufficient," Komnas HAM commissioner Roichatul Aswidah told the court.

She advised the court to be careful in deciding whether extramarital sex between unmarried and same-sex couples was a crime as it could criminalize the people's rights. "An intervention into private lives might be justified, but only when other people's rights are being violated," she said.

Anugerah said there were many ways to resolve injustices and hold people accountable – even punish them – without needing to turn to the criminal justice system. "We are a nation that likes to punish people."

The study had found that the country's flawed criminal justice system granted extraordinary discretion to prosecutors, which had led to costly mass incarcerations that were often overly punitive, he further said.

"It will lead to greater injustice. That's what's happening in Indonesia. We can no longer differentiate what's right and what's wrong," Anugerah said.

Source: http://www.thejakartapost.com/news/2016/09/23/indonesia-creates-more-40-new-crimes-year-1998.html

Police & law enforcement

Bareskrim to handle Bali Police member suspected of extortion

Jakarta Post - September 26, 2016

Jakarta – The National Police's Criminal Investigation Department (Bareskrim) will handle cases of extortion and ethical violations allegedly committed by Bali Police narcotics director Sr. Comr. Franky Haryanto to avoid potential conflicts of interests related to his current position.

"Conducting our investigation into the cases while he is still active in his position will only disrupt our concentration. Hence, we have decided to transfer him to Bareskrim in Jakarta," National Police spokesperson Brig. Gen. Agus Rianto told The Jakarta Post on Sunday.

Franky is suspected to have extorted several people who were allegedly involved in seven cases involving possession of under 0.5 grams of illegal drugs. He was also reported to have been involved in skimming funds from his directorate's allocated budget, in relation to which Rp 50 million (US$3,800) in cash has been confiscated from a safe in his office as evidence.

Agus said a transfer request letter had been sent to the Bali Police on Friday and Franky's handover would be conducted no later than 14 days after the police received the letter.

The police would dismiss Franky only if he was found guilty in trials conducted by the police's ethics commission, Agus added.

National Police chief Gen. Tito Karnavian said previously that he would never run afoul of internal violations, especially those related to drugs. (wnd/ebf)

Source: http://www.thejakartapost.com/news/2016/09/26/bareskrim-to-handle-bali-police-member-suspected-of-extortion.html

Mining & energy

No progress seen in govt's latest oil, gas incentives

Jakarta Post - September 27, 2016

Fedina S. Sundaryani, Jakarta – The government's proposed incentives for oil and gas businesses may not be the game-changer policy the weak industry badly needs.

The planned incentives will exempt oil and gas companies from paying import value-added tax (VAT), import duties, domestic VAT and property tax (PBB), as well as waiving similar taxes during the exploitation phase.

Non-tax incentives will include clearer rules on investment credit and domestic market obligation (DMO) holiday. A DMO is a requirement imposed on firms to allocate a certain amount of oil or gas production to meet domestic demand.

The government expects the incentives to increase oil and gas exploration and exploitation amid weakening investment in the sector, which has been hit by low prices for the past couple of years.

However, businesses and experts have been shaking their heads at what they see as a lack of significant breakthroughs in the incentives offered in an upcoming revision of the 2010 Government Regulation (PP) No. 79 on cost recovery and tax treatments for the upstream oil and gas industry.

The changes are unlikely to encourage oil and gas players to significantly boost their current activities amid low crude prices. ReforMiner Institute researcher Pri Agung Rakhmanto said that firms would still have to pay indirect taxes and fees with the new revisions.

"The revisions will not change the situation in which contractors will be subject to indirect taxes because our product-sharing contract system does not entail an agreement between a contractor and a state-owned company, but one with a government body," he said, referring to the Upstream Oil and Gas Regulatory Special Task Force (SKKMigas).

There were 113 active exploration sites, with only US$367 million invested in exploration activities in the first half of the year, out of a total investment of $5.7 billion in the oil and gas industry, SKKMigas data show.

The reluctance to commence exploration is especially worrying due to the constantly decreasing oil and gas reserves in the country. SKKMigas estimates that Indonesia's reserves decrease by around 0.65 billion stock tank barrels a year.

Business players have also slammed the product-sharing contract (PSC) system. Indonesian Petroleum Association (IPA) executive director Marjolijn Wajong said many firms favored a return to an assume-and-discharge system, which was nixed in 2010 for the current cost recovery scheme.

An assume-and-discharge system would guarantee that investors did not have to pay any additional fees and taxes in the future during the long duration of their PSC, many of which can last over 30 years.

"This way, our calculations on exploration and exploitation will not be disturbed as we will have some kind of guarantee. Without an assume-and-discharge scheme, future governments may suddenly burden investors so that the economic calculations become undesirable," Marjolijn told The Jakarta Post.

Although there are no signs of reinstating the assume-and-discharge system, the government has started to rethink its cost recovery scheme – the reimbursement scheme for oil and gas production and exploration costs – as it has failed to stimulate more activity in the sector while burdening the state budget.

The government has already told the House of Representatives that it would seek to slash its cost recovery budget to US$10.4 billion from $11.7 billion in next year's budget.

Despite protests from experts and business players, the government remains optimistic that the revisions will create a better investment climate in the oil and gas sector.

The Energy and Mineral Resources Ministry's oil and gas director general, IGN Wiratmaja Puja, said the incentives offered would provide more efficient exploration in the 14 conventional oil and gas fields the government has put to tender.

"When we used to auction off six fields at a time, investors would fight over it but now we've put 14 fields to tender that no one's picked up. However, it will become more attractive for investors once the regulation is revised," he said.

The revision is expected to help increase the economic value of oil and gas projects – which are mainly measured by the internal rate of return (IRR) – to 15.6 percent from the current 11.59 percent, making the upstream side more attractive.

Source: http://www.thejakartapost.com/news/2016/09/27/no-progress-seen-in-govts-latest-oil-gas-incentives.html

Greenpeace warns government of health costs of coal

Jakarta Post - September 26, 2016

Jakarta – The government has argued that it must build coal-fired power plants (PLTUs) across the country to meet soaring electricity demand. The government also argues that in addition to satiating electricity demand, coal is cheaper than other forms of energy.

But is it really cheaper? No, it is not, according to Greenpeace Indonesia. The environmental group has calculated that PLTUs generate enormous health costs, some Rp 351 trillion (US$27.1 billion) every year, much higher than the allocation of the 2016 state budget for the health sector, which stands at around Rp 110 trillion.

"We object to the government's argument saying that PLTUs are one of the cheapest alternatives available and a solution to achieving energy sovereignty," Arif Fiyanto, Greenpeace's climate and energy coordinator told reporters recently.

A newly released Greenpeace report suggests that the electricity costs of PLTUs are around $51.22/MWh. However, when health costs are taken into account, the cost rises significantly to $152.65/MWh.

"The cost becomes higher than any other types of renewable energy," said Hindun Malaka, Greenpeace's climate and energy campaigner. He added that biomass and solar PV-generated forms of energy cost $112.76/MWh and $108.07/MWh, respectively. As such, the organization said the government was using a false rationale to justify its plan.

The government has set an ambitious target of producing 35,000 megawatts of power by 2019, with PLTUs set to fulfill 22,000 megawatts of the total target.

A study carried out by Harvard University in 2015, commissioned by Greenpeace, found that air pollution emitted from PLTUs caused an estimated 6,500 premature deaths every year from stroke, heart disease, lung cancer and respiratory illnesses.

Greenpeace has conducted field studies in some areas deemed to have been polluted by PLTUs such as Jepara and Cilacap in Central Java and Labuan in Banten.

Arif said that in 2014, he interviewed Subekti, a 48-year-old elementary school teacher who has lived in Sekuping village for many years.

His home is located close to the Tanjung Jati B PLTU. Subekti, who has four children, said he noticed a difference in the air quality after the PLTU started its operations.

Arif said Subekti had noticed a significant rise in the student absenteeism rate. "Subekti said usually 95 percent of students attended school, but after the PLTU opened up, only around 60 to 70 percent of students continued to attend classes".

During the dry season, strong winds cause dust from the power plants to blow into people's houses, Arif said, recalling his conversation with Subekti. As a result, Subekti has to spend between Rp 500,000 and Rp 600,000 a month on his children's healthcare.

Greenpeace recommends that the government stop developing new PLTUs and start shifting toward renewable energy sources such as geothermal, solar and hydro power. Altogether, these renewable forms of energy presently supply just 1.25 gigawatts of power for the country.

Furthermore, the organization has urged the government to phase out and improve the monitoring of existing PLTUs. Transparent monitoring of emissions from existing plants should also be easily accessible for the public, including local communities. (win)

Source: http://www.thejakartapost.com/news/2016/09/26/greenpeace-warns-government-health-costs-coal.html

Government to offer incentives to oil and gas firms

Jakarta Post - September 24, 2016

Grace D. Amianti – The government is preparing a set of incentives to attract oil and gas companies to invest more in the upstream industry to compensate for its plan to reduce its cost-recovery budget next year.

The tax and non-tax incentives will be offered in the upcoming revision of the 2010 Government Regulation (PP) No. 79/2010 on cost recovery and tax treatments for the upstream oil and gas industry.

The government believes that current cost recovery – the reimbursement scheme for oil and gas companies' exploration and production costs – has been ineffective in attracting contractors to conduct exploration activities and is in fact a burden on the state budget.

In a joint press conference on Friday, Finance Minister Sri Mulyani Indrawati and interim energy and mineral resources minister Luhut Pandjaitan explained that the incentives would contain waivers of several tax requirements during exploration and exploitation phases.

During the exploration phase, firms will be exempted from the requirement to pay the import value-added tax (VAT), import duty, domestic VAT and property tax (PBB).

Meanwhile, during the exploitation phase, firms will have the opportunity to avail of similar waivers, but only if their projects meet the government's own economic valuations.

With regard to non-tax incentives, the government says it will provide clearer rules on investment credit and domestic market obligation (DMO) holidays. A DMO is the requirement imposed on firms to allocate a certain amount of oil or gas production to meet domestic needs.

Sri Mulyani added that another point in the revision would be the implementation of a sliding-scale concept that would enable the government to achieve higher profit-sharing from sharp price increases.

"Based on past experiences, the government doesn't have the ability yet to earn higher profits when oil prices increase significantly. With a sliding-scale concept, there will be a new regime, in which the government and contractors can share the pain and the gains," she said, insisting that the new concept would be based on fairness.

The government expects the incentives will increase the economic value of oil and gas projects – which is mainly measured by internal rate of return (IRR) – to 15.16 percent from the current 11.59 percent, making the upstream side more attractive.

The revision announcement was made a day after the government told lawmakers at the House of Representatives that it sought to slash over US$1 billion from its planned cost-recovery budget next year. If approved, the 2017 cost-recovery budget will stand at $10.4 billion, down from the original proposal of $11.7 billion.

The announcement apparently took business players by surprise as they had expected a different outcome. Sammy Hamzah, Indonesian Employers Association (Apindo) head of energy and mineral resources division, said he was dismayed by the "incentive offers".

"The finance minister said that the spirit of the incentives was to return to the assume-and-discharge concept, but this is not like that," he said, referring to the concept that was dismissed in 2010 when cost recovery was put in place.

Indonesian Petroleum Association (IPA) executive director Marjolijn Wajong also said it was actually hoping to see the government reinstate the assume-and-discharge concept, which she claimed provided greater business certainty.

Source: http://www.thejakartapost.com/news/2016/09/24/govt-to-offer-incentives-to-oil-and-gas-firms.html

When Jokowi's signature project left in lurch

Jakarta Post - September 23, 2016

Rendi A. Witular, Jakarta – Less than a month into his administration, Jokowi took many by surprise when he announced the ambitious construction of power plants to produce 35,000 MW of electricity on the sidelines of the Asia-Pacific Economic Cooperation (APEC) Summit in Beijing, China, in November 2015.

The construction of power plants to produce 25,000 MW was offered to the private sector, technically called independent power producer (IPP), while the remaining 10,000 MW went to state-owned power company PLN, which almost holds a monopoly in the country's power business.

A string of regulations and privileges were issued to accelerate the construction and to lure more participation from the private sector, only to harvest complaints from businesses and ignite infighting between government officials.

The commotion has obviously held back the completion of the entire project, which has a 2019 deadline. Acting energy and mineral resources minister Luhut B. Pandjaitan announced in late August that only between 23,000 MW and 25,000 MW of the project could be available by 2019.

That was if, he said, the many bottlenecks plaguing the project could be immediately lifted.

Poor business processes and governance issues in PLN, assigned to spearhead the construction and partner with the private sector, have mostly been blamed for exacerbating the already-protracted problems inflicting those in the private sector wanting to participate in power plant construction.

As problems with land acquisition and local administration licensing processes remain largely unresolved, businesses are now being forced into another round of bottlenecks stemming from policy uncertainty.

For private companies wanting to participate in the project, red tape at PLN remains a hard nut to crack, even before they can move on to the construction phase, despite Jokowi's repeated calls for the bureaucracy to be trimmed down to less than one year.

"In reality, it still takes years for the pre-construction process. The uncertainty remains high because the poor business processes in PLN enable it to hang up decisions without any reasonable and transparent basis," said Indonesian Independent Power Producer Association (APLSI) executive chair Arthur Simatupang.

Arthur cited as examples PLN's discretionary right to terminate a tender without providing transparent reasons, refusing to comply with regulations on rates and delaying decisions to sign contracts with the private sector without a rational basis.

Companies cannot enter power plant business unless they forge a contract in the form of power purchasing agreement (PPA) with PLN.

A recent study by PricewaterhouseCoopers (PwC) revealed that prior to construction, private companies required between 19 and 43 months of paperwork, from pre-qualification preparation and the bidding process to financial closure. The construction would then take another 18 to 54 months.

Given the lengthy undertaking, Luhut has demanded PLN immediately improve its business processes to prevent more delays in the 35,000 MW project, by revising its internal regulations, among other things.

"Ideally, PPA and financial closure could be done within 18 months so that construction could immediately begin," he said, adding that PLN was in the process of streamlining its paperwork.

PLN corporate secretary Bambang Dwiyanto recently acknowledged the lengthy paperwork process, and said the company was attempting to resolve the bottlenecks by forming a new directorate to deal with the issue and accelerate the PPA process.

Other attempts to speed things up, Bambang said, included bidding process acceleration for steel procurement, recruitment of 1,000 auditors and cooperation with the Corruption Eradication Commission (KPK) to monitor the process.

But resolving the red tape would not guarantee continuity as subjectivity was also at play. For example, PLN unilaterally terminated in June the bidding for the coal-fired 2 x 1,000 MW Jawa 5 power plant in Serang, Banten, among the largest in the wider 35,000 MW project, citing problems with "good governance".

Imbued with discretionary rights, PLN recently directly appointed its subsidiary PT Indonesia Power to construct the US$3 billion plant in cooperation with a Japanese company in a bid to reduce China's role in Indonesia's power plant construction, PLN president director Sofyan Basir said recently.

"The direct appointment is aimed at accelerating the construction. Open bidding would take time, and we're in a hurry to meet the 35,000 MW deadline," said Sofyan, former state-run Bank Rakyat Indonesia (BRI) president director who took PLN's helm in December 2014.

PLN's direct appointment privilege has annoyed Luhut, arguing that it would go against good governance, as campaigned for by PLN. "That's not the way things are done. The project is subject to open bidding for transparency and fairness," he said.

As Indonesia's biggest state company by assets, PLN is often mired in governance issues, with many of its officials in the past having ended up in prison for graft.

The resignation of PLN president commissioner Kuntoro Mangkusubroto, a figure of high integrity, in May positioned PLN in the governance spotlight amid political tussles between Sofyan and then energy and mineral resources minister Sudirman Said, who accused PLN of a series of foul plays.

State-Owned Enterprises Minister Rini Soemarno cited the resignation as being due to personal reasons.

But several sources have suggested it was more about governance issues as Rini has clipped the authority of PLN's board of commissioners, stopping them from participating in the recruitment of the company's executives and from having any decision on power purchasing agreements with PLN's private partners.

A dissenting chain of authority over PLN has also complicated decision making in the 35,000 MW project.

By regulation, the PLN president director has two direct superiors: the energy and mineral resources minister for policy and the state-owned enterprises minister for performance, with the authority to dismiss and retain the boards of directors and commissioners.

Sofyan explained that the firm had a responsibility to both ministers, and demanded they not issue regulations without regard for business interests and the company's profitability.

Amid the protracted bottlenecks in the 35,000 MW project, PLN seems to being pinning success on instant mobile power plants (MPPs), which are supposedly fueled by gas but in most cases are run on expensive diesel fuel.

Procurements for MPPs are direct appointments, taking less than six months to become operational. According to PLN's 2016-2019 business plan for electricity provision (RUPTL) issued in June, around 4,000 MW of the company's allocation in the 35,000 MW project is in the form of MPPs.

A gas-or-diesel-fueled 100 MW MPP for the backwater province of Gorontalo was the first of the 35,000 MW project to be officiated over by Jokowi in June.

As of Aug. 18, only 195 MW (all in the form of MPPs), or 1 percent of the 35,000 MW project, were already in operation, while the remaining 22 percent were under construction, 29 percent were in the procurement stage and 21 percent in the planning phase.

Around 27 percent of the project has yet to start construction, although the contractors have signed PPAs with PLN, according to a PLN presentation.

The 35,000 MW project is basically a continuation of the 10,000 MW policy launched by then-president Susilo Bambang Yudhoyono in his first term as president in 2005, to keep reserve margins – the difference between capacity and peak demand – within the International Energy Agency's recommended level of 20 to 35 percent.

As the nation is at risk of a power crisis should the level decline to below 20 percent, Jokowi has taken the initiative to boost power capacity to accommodate higher economic growth. Reserve margins for the Java-Bali grid currently stand at over 30 percent, according to PLN.

Of the 35,000 MW, only 18,000 MW are actually new projects offered to private investors, according to PLN data, while the remaining 7,000 MW are a carryover from Yudhoyono's term, and 10,000 MW are PLN's share.

Last year, PLN inked PPAs for 9,780 MW, while only 300 MW were agreed between January and July this year. The government is targeting PLN seal PPAs for 11,730 MW by the end of this year to prevent more delays to the ambitious project.

Energy expert Agung Wicaksono, former member of a government unit tasked with overseeing the 35,000 MW project, doubted whether PLN would able to complete the task since it would need greater efforts than last year's to complete the PPA within less than six months.

"On top of that there are credibility and governance issues plaguing the company. Given the many policies at PLN that have created business uncertainty, there is growing distrust in the market on how this project is going to be managed," said Agung.

Despite the 35,000 MW project likely to miss its mark of all plants being operational by 2019, Indonesia is unlikely to suffer an electricity crisis, at least before 2020.

Low demand for electricity following sluggish economic growth and ample supply from new power plants coming on stream are cited as among the reasons power crisis will remain at bay.

The ambitious 35,000 MW project was convened based initially on assumptions that the economy would grow at an average of more than 6 percent per year, which translates into an increase of more than 7 percent in electricity demand per annum until 2019.

However, as the economy grew by 4.79 percent last year, demand for electricity nationwide rose by only 2 percent.

Electricity demand in Java and Bali, the country's center of industry and growth, expanded by 0.8 percent last year, lower than over 5 percent growth initially projected.

With as much as 25,000 MW of the targeted 35,000 MW expected to go on stream by 2019, this may at some point be a blessing in disguise for state-owned power company Perusahaan Listrik Negara (PLN).

The delay will prevent PLN from suffering huge losses due to oversupply amid subdued electricity consumption.

The company is required to purchase the electricity produced by independent power producers (IPPs), regardless of demand.

"The delay in the project's completion will not mean the end of the world," PLN president director Sofyan Basir said recently.

"We want the 35,000 MW project to be completed by 2019. But we have to be rational and recognize the fact that not all the supply can be absorbed. With the economy growing at an average of 5 percent, a supply of 5,000 MW per year would be more than enough," he said.

Prior to the 35,000 MW program, Indonesia received an average of between 2,000 and 3,000 MW of new electricity supply per year.

High reserve margins of over 30 percent for the Java-Bali grid and the Sumatra grid also illustrated how Indonesia had kept its potential electricity crisis at bay, according to PLN.

The margin is the difference between capacity and peak demand, with the International Energy Agency's (IEA) recommended level being a 20 to 35 percent margin for a nation to be considered safe from an electricity crisis.

"We actually have an oversupply of 30 percent, as reflected in the reserve margin. But why do blackouts still occur in Jakarta and Java? That's because of problems in transmission," PLN planning director Nicke Widyawati said recently.

"Transmission is critical, and that's where PLN will pour its resources to catch up with demand," she said.

PLN, which holds a monopoly over the transmission business, is currently constructing a network of 46,000 kilometers of transmission, slated for completion by 2019.

Aside from transmission problems, a recent study by PwC suggested uneven electricity distribution.

"The Java-Bali average reserve margin is deceptively high. In fact, the load distribution [heavy in Jakarta and West Java] versus capacity [concentrated in Banten, Central Java and East Java] still creates localized issues for the grid in Java," said the study.

"In recent years, when the reserve margin has fallen to 15 percent, PLN was forced to implement load shedding, leading to two-three hour daily blackouts."

The reserve margin for Sulawesi, Kalimantan, Papua and Maluku and Nusa Tenggara is far lower than the IEA's recommendation.

Energy expert Agung Wicaksono suggested a reevaluation of the 35,000 MW project as the underlying projections that supported the ambitious project had all missed the mark, particularly electricity demand.

A failure to recalculate real demand in the next couple of years would create a burden for PLN in the form of oversupply, potentially causing massive losses to the company, which was already in debt, he said.

"This year, electricity consumption is projected to grow by 3.9 percent, far lower than the initial projection of 7.8 percent. That illustrates how all the projections have strayed away from their forecasts," said Agung, former deputy chair of the now defunct Energy and Mineral Resources Ministry's team for the acceleration of electricity projects.

After announcing the ambitious project in November 2014 on the sidelines of the Asia-Pacific Economic Cooperation (APEC) Summit in Beijing, China, Joko "Jokowi" Widodo officially launched the project in a ceremony in May 2015 in Yogyakarta.

The project will require the construction of 219 power plants, 737 transmission facilities consisting of 75,000 towers, 1,375 main stations, 2,600 transformers using 300,000 kilometers of aluminum cable. Investment for the project is estimated at Rp 1.1 quadrillion (US$83.6 billion).

To secure the project from recalcitrant police officers and prosecutors, a commitment was forged in September last year between then National Police chief Gen. Badrodin Haiti, Attorney General M. Prasetyo and PLN president director Sofyan Basir to provide direction for PLN officials so they could avoid making legal or policy mistakes that could drag them into being prosecuted for creating state losses.

The law enforcement agencies are also committed to not disturbing PLN officials with the threat of prosecution related to carrying out the project.

A finance minister regulation was also issued in late August, providing a guarantee for the projects. It gives two guarantees for several projects, namely the 35,000 MW program, the construction of 46,000 kilometers of transmission lines and other supporting infrastructure.

The first guarantee is a loan guarantee, to be given to financial institutions that provide financing to state-owned PLN as loan repayment assurance.

The second guarantee is a business feasibility guarantee, to be given to independent power producers (IPPs) that partner with PLN. It is to provide assurance that PLN has the financial capacity to purchase the power produced by the IPPs according to their agreed contracts.

Robert Pakpahan, director general of financing and risk management at the Finance Ministry, said the government hoped to smooth PLN's electricity generation journey by providing the guarantees because some of the projects assigned to the company might not be economically feasible.

Source: http://www.thejakartapost.com/news/2016/09/23/special-report-when-jokowis-signature-project-left-in-lurch.html

Economy & investment

Indonesia lags even further in competitiveness index

Jakarta Post - September 29, 2016

Fedina S. Sundaryani and Ina Parlina, Jakarta – Indonesia's inefficient labor market and poor information and communications technology (ICT) penetration are just some of the reasons Indonesia's global competitiveness continues to nosedive.

According to the Global Competitiveness Index (GCI) report published by Geneva-based World Economic Forum on Wednesday, Indonesia's ranking dropped four places to 41st out of 138 economies, following last year's fall to 37th out of 140 economies.

Indonesia lags well behind its regional neighbors, including Singapore, Malaysia and Thailand. At the top of the list is Switzerland, ranked first for eighth consecutive years and closely followed by Singapore and the US.

The GCI noted Indonesia's efforts to reform its business environment and reported that the country had performed well in terms of financial development, gaining seven places to 42nd. The report also noted Indonesia's macroeconomic environment, which remains satisfactory in spite of the protracted commodities slump, and ranked the country in 31st place for innovation.

However, Southeast Asia's largest economy still scored a poor 108th place in labor market efficiency "as a result of various rigidities, prohibitive redundancy costs that amount to over a year's salary", the report noted, despite moving up seven places.

Corruption, bureaucratic inefficiency and policy inconsistency also remained major problems in doing business within Indonesia. This will come as a blow to the government, which has launched 13 economic policy packages in the past two years in order to cut red tape and improve the business climate.

Bank Central Asia (BCA) chief economist David Sumual noted that the implementation of the deregulation measures had been extremely [poor] due to the country's overblown bureaucratic structure at central and provincial government level.

"The bureaucratic structure of our central and regional [governments] remains sclerotic, so it makes sense that our position is still not great in the eyes of investors and businesspeople. This is just a characteristic of a developing country, where the structure is still inefficient as job creation is still mostly centered on the bureaucracy sector," he said on Wednesday.

Furthermore, Indonesia's technological readiness also dropped six places to 91st due to low ITC penetration. The report pointed out that only one fifth of the population used the internet and that there was just one broadband connection for every 100 people.

David claimed that this was highly interconnected with Indonesia's deplorable health and basic education ranking, which dropped 20 places to 100th in the report. An inadequately educated workforce and poor public health were included as some of the most problematic factors in doing business.

"The quality of our education is still low, meaning access to technology and innovation is also low. The fact that most Indonesians still download more than upload reflects this" he said.

Yogyakarta-based Gadjah Mada University economist Tony Prasetiantono, meanwhile, acknowledged that the country had made several improvements in the health and education sectors, but that other countries had also improved and thus overtook Indonesia.

However, there is still a silver lining as the GCI claims that technology uptake by firms is more wideslow spread, with Indonesia moving to 53rd place, and this trend may continue as the government has expressed its commitment to deregulating the e-commerce sector.

The government is currently preparing a presidential regulation (Perpres) encompassing e-commerce, which will be the subject of its upcoming 14th economic policy package. "The government is about to issue a policy on deregulation in e-commerce, so it makes sense that we're a little behind," Tony said.

By going mainly digital, Indonesia would be able to unleash its next level of economic growth to the tune of US$150 billion in terms of impact by the year 2025 if it is able to address the most pressing and basic issues adequately, said management consulting firm McKinsey & Company in a report released on Tuesday.

Neither Cabinet Secretary Pramono Anung nor State Secretary Pratikno, however, would comment on Indonesia's performance in the index, saying only that "it's difficult".

Source: http://www.thejakartapost.com/news/2016/09/29/indonesia-lags-even-further-in-competitiveness-index-.html

ADB pessimistic over RI growth target, budget cuts

Jakarta Post - September 28, 2016

Jakarta – The Asian Development Bank (ADB) has downgraded its forecast for Indonesia's economic growth for this year and 2017, taking into account the subdued pickup of investments despite the government's efforts to spur the economy with a series of stimulus packages.

Since taking office in 2014, President Joko "Jokowi" Widodo has issued 13 economic stimulus packages aimed at easing hurdles that have long dampened the country's economy, ranging from regulatory bottlenecks and contentious wage standards to convoluted tax obligations.

Notwithstanding, the grow in investment in Southeast Asia's largest economy "has been more gradual than earlier anticipated", ADB said in a report on Indonesia's economic outlook published on Tuesday.

"The 13 reform packages are still in various stages of implementation and the private responses are not as strong and as robust as we hoped," ADB country director for Indonesia, Steven R. Tabor, told a press briefing on Tuesday.

The Philippines-based institution has trimmed Indonesia's 2016 economic growth forecast to 5 percent from 5.2 percent on the back of sluggish public and private investment, as well as because of weak net exports gauged during the first six months of the year. It also revised down next year's growth forecast to 5.1 percent from 5.5 percent.

Investments, along with private consumption, are seen as the key factors to spur Indonesia's economy, as the two contributed the most to the growth of the country's gross domestic product (GDP) in the first half of the year, ADB data show.

ADB believes that public investment will remain subdued in the remaining months of the year amid government spending cuts resulting from an expected state revenue shortfall. The government has said it was likely that the full-year achievement would be about 83 percent of the target.

The country's trade data, meanwhile, has been forecasted to remain weak until the end of the year because of sluggish global demand and low commodity prices, "with some improvement seen for 2017", the report said.

The Central Statistics Agency (BPS) previously reported that Indonesia's total exports went down by 10.61 percent year-on-year (yoy) to US$91.73 billion in the January to August period, posing challenges to the country to reach beyond last year's figure of $150 billion.

"In this current global and regional economic environment, a 5 percent growth is quite respectable," Tabor said, referring to ADB's 2016 forecast.

Tabor said the implementation of Jokowi's policy reforms would be the key for the country to see better economic conditions next year, although only 0.1 higher than this year's estimate. It is also hoped that there would be a "modest upturn" in global commodity prices to bolster investments and incomes in 2017.

Tabor said that the government had to keep an eye on the looming risks that could hamper the country's economic growth, such as a potential cut of government spending and a prolonged weak labor market.

The ADB said in its report that Indonesia could see further cuts of government spending if revenues from Jokowi's flagship tax amnesty policy, expected to broaden the country's tax base and state revenues, "falls short of expectations".

Tabor did not make any specific predictions about whether the government could hit its target for the amount of funds generated from the program, but underscored that its implementation would be likely affected by what he calls a "displacement effect", in which tax officers have limited time to do their primary job of collecting taxes because they have to focus on running the amnesty.

After kicking off in July, the nine-month tax amnesty program is expected to collect more than Rp 165 trillion ($12.5 billion) in penalty payments and to partly plug the widening state budget deficit amid a global economic slowdown.

The program yielded sluggish results during its first weeks of implementation, with redemption payments amounting to Rp 13 trillion by Sept. 15, according to the tax office's official website. The figure, however, rose in subsequent days until it reached Rp 53.4 trillion by Tuesday evening.

Tax office spokesperson Hestu Yoga Saksama attributed the positive progress to increasing public participation in the program. Many taxpayers, he said, were rushing to submit applications before the first phase of the tax amnesty ends on Sept. 30. "Their participation boosts the amount of declared assets and redemption payments," he told The Jakarta Post over the weekend.

Meanwhile, ADB Indonesia deputy country director Sona Shrestha said the weaknesses in the labor market could jeopardize the growth of private consumption, with the institution's report showing that Indonesia saw a decline in the number of jobs created yoy in February by almost 200,000. (mos)

Source: http://www.thejakartapost.com/news/2016/09/28/adb-pessimistic-over-ri-growth-target-budget-cuts.html

Banking & taxation

Crowds swarm for amnesty

Jakarta Post - September 30, 2016

Prima Wirayani, Jakarta – It might have been a once-in-a-lifetime sight: hundreds, nearly a thousand, people flocking to the Taxation Directorate General's headquarters in South Jakarta to register for the government's ambitious tax amnesty program.

Some groups of people were seen taking "wefies" as if they were having a gleeful holiday. Some others were placidly browsing the internet on their mobile phones to dispel their boredom.

The tax office even provided two big screens in its auditorium to entertain the taxpayers. Marvel's blockbuster Captain America was being screened when The Jakarta Post observed the room.

For Thursday's registration, which was the penultimate day of the amnesty's first phase, the tax office prepared 2,000 queue numbers for amnesty participants, the highest since the program was launched in July.

A security officer at the auditorium said the office usually served as many as 700 applicants daily prior to Thursday. "People have been waiting to submit their tax amnesty applications since 5 a.m., while the tax office only opens at 8 a.m.," he said.

Yeti Satriati, an employee of a fragrance company in Pulogadung, East Jakarta, said she was asked by her boss to submit the latter's personal tax application. She said she had been waiting since 6 a.m., only to be listed as the 803rd applicant.

Yeti was not the only employee sent by her boss on the mission. On the same day, her colleague waited in a queue at the Pluit tax office in North Jakarta for the same purpose. "But the office was so crowded that my friend couldn't get a number," Yeti said.

The public only has until Friday to enjoy the lowest penalty rates of 2 percent and 4 percent of the first phase, as opposed to 3 percent and 6 percent in the second phase and 5 percent and 10 percent in the final phase.

Thursday's heavy turnout was not actually surprising, as Indonesians usually wait until the 11th hour to make a decision. However, the tax office appeared unprepared and the turnout impelled four tax offices to implement force majeure measures.

"We have declared force majeure conditions at the Directorate General of Taxation headquarters, the Medium Tax Office in Gambir [Central Jakarta], the Large Taxpayers Office in Sudirman [South Jakarta] and the Kalibata Special Tax Office in Kalibata [South Jakarta]," Ken told reporters after attending a working meeting with the House of Representatives' Commission XI overseeing financial affairs.

After a two-month period that saw a lukewarm response and confusion among taxpayers, who claimed the amnesty procedures were too convoluted, the amount of money generated from the program has unexpectedly surged in recent days.

The government hopes the tax amnesty – which aims to widen the country's notoriously low tax base – can generate Rp 165 trillion (US$12.74 billion) in redemption payments to plug this year's state budget deficit, preventing the deficit from touching the legal limit of 3 percent of gross domestic product.

It is also targeting Rp 4 quadrillion in declared assets and Rp 1 quadrillion in those brought back home from overseas.

According to data from the tax office, the amount of redemption payments stood at Rp 79.4 trillion as of Thursday evening, almost half of the target. At the same time, Rp 3.18 quadrillion worth of assets had been declared, equal to 79 percent of the target.

The repatriated funds amount is the only figure that is lacking, as statistics show that only Rp 130 trillion in assets have been brought back, or only 13 percent of the target.

Bank Indonesia (BI) is also providing support for the tax amnesty program by extending its payment system and clearing operational time for 60 minutes on Thursday and Friday.

Meanwhile, Reuters reported that thousands of workers from various unions still marched to the Presidential Palace in Central Jakarta on Thursday to protest the government's amnesty, saying it unfairly pardons wealthy noncompliant taxpayers.

"We, workers, have diligently paid our taxes, but these rich people and big corporations are being pardoned for not paying their taxes," Said Iqbal, head of the Confederation of Indonesian Workers Union (KSPI), said. (mos)

Source: http://www.thejakartapost.com/news/2016/09/30/crowds-swarm-for-amnesty.html

Tax amnesty may cause shortfalls in standard tax collection: ADB

Jakarta Post - September 28, 2016

Anton Hermansyah, Jakarta – The Asian Development Bank has warned about the displacement effect of the tax amnesty program, arguing that the tax office's limited resources are primarily focused on the program and as such, the office is devoting fewer resources to collecting tax.

The program had forced tax officials to work hard to introduce the scheme and its rules. Meanwhile, tax revenue has experienced a substantial shortfall, reaching just Rp 729.7 trillion (US$56.45 billion) on year-to-date basis, or 53.84 percent of the targeted Rp 1.36 quadrillion.

"Tax administration is very much focused on tax amnesty at the moment. What happens to corporate tax, private tax and value-added tax?" ADB economist Steven Tabor said at a press conference in Jakarta on Tuesday.

He added that the one-time gain from the tax amnesty program was not intended to fill a tax shortfall because it was aimed at increasing the tax basis in the long run. Conventional tax collection must be maintained to prevent an excessive drop in the fundamental sources of tax revenue, he said.

"The tax amnesty income will only be 0.5-0.6 percent of GDP [gross domestic product]. Next year the government wants to introduce tax reform, which is more important," Tabor said.

From the program, the government has so far gained Rp 58.6 trillion, equal to 35.52 percent of the Rp 165 trillion target. (ags)

Source: http://www.thejakartapost.com/news/2016/09/28/tax-amnesty-may-cause-shortfalls-in-standard-tax-collection-adb.html

Tycoons rush in as 1st stage ends

Jakarta Post - September 27, 2016

Prima Wirayani and Grace D. Amianti, Jakarta – As the clock ticks toward the end of the tax amnesty's first phase, conglomerate owners have started to swarm into tax offices to report their undeclared assets.

Chandra Lie, co-founder and president director of private carrier Sriwijaya Air, became the latest tycoon to take part in the government's tax amnesty program. The businessman submitted his amnesty application at the Large Taxpayer Office (LTO) in South Jakarta on Monday.

Chandra, like other businessmen who took advantage of the amnesty earlier, kept mum about the details of his assets, merely stating that most of them were located onshore and only a small amount was kept overseas to fund his children's school fees, among other things.

"I will repatriate some of the funds to buy more planes," he told journalists after submitting his documents.

Prior to Monday, several other tycoons publicly declared their participation in the program, such as Santini Group founder Sofjan Wanandi, Lippo Group boss James Riady and Central Cipta Murdaya founder Murdaya Poo. Tommy Soeharto, son of former president Soeharto, is included on the list as well.

As of Monday, there were 514 individual taxpayers and 57 legal entities that had submitted asset statement letters (SPH) in the first phase to the LTO, which handles about 1,200 large taxpayers. Their participation resulted in Rp 7.5 trillion (US$577.5 million) in penalties or redemption payments – including from the tycoons – and Rp 279.2 trillion in declared assets.

The first phase, during which the lowest penalty rates of 2 percent and 4 percent are imposed compared to in the second and third phase, will end on Sept. 30.

With several days left, the amount of money redeemed from large taxpayers accounted for less than a fifth of the nationwide figure of Rp 45.9 trillion. The nationwide figure itself was equal to 27.8 percent of the Rp 165 trillion targeted by the government.

The amount of repatriated assets reached Rp 98.7 trillion, 9.9 percent of the target, and the amount of declared assets was Rp 1.94 quadrillion, almost half of the target.

JPMorgan wrote in a recent report that the declared asset figure had been higher than the $30 billion to $50 billion the market initially expected.

"We now think that the final tally by March next year could be Rp 2 quadrillion. We estimate this may create fiscal headroom of 0.3 to 0.5 percent of GDP [gross domestic product] without second-order benefits," the report said.

According to JPMorgan, the immediate boost to government revenues via penalties could be from Rp 50 trillion to Rp 60 trillion, in line with Bank Indonesia's (BI) earlier estimates.

"The bigger impact, in our view, could be from taxation of future earnings from declared assets and then the second order from investment or consumption benefits. Assuming a 10 percent return on assets, we arrive at a potential Rp 40 trillion to Rp 60 trillion annual impact, or about 0.3 to 0.5 percent of GDP as additional first-order fiscal headroom."

Publicly listed lender OCBC NISP, the local subsidiary of Singapore-based OCBC, claimed that there had been inflows of money from overseas since its appointment as a gateway bank two weeks ago.

OCBC NISP president director Parwati Surjaudaja said some customers had chosen to repatriate their funds, but the total amount was still less than Rp 100 billion. The lender had also facilitated penalty payments exceeding Rp 1 trillion.

Meanwhile, the government expected to attract higher participation by issuing two more finance minister regulations (PMKs) that ease several rules, including the reporting requirement that has been revised to once a year from once every six months during the mandatory three-year investment period.

The government also held a coordinating meeting with BI and the Financial Services Authority (OJK) for the same purpose. "The State-Owned Enterprises Ministry is preparing steps for state-owned companies to absorb repatriated funds as well," Coordinating Economic Minister Darmin Nasution said after the closed-door meeting.

The OJK has even established a special team to expedite the necessary process for companies wishing to conduct corporate actions, such as initial public offerings (IPO) and bond issuances.

The OJK commissioner for capital market supervision, Nurhaida, said the financial regulator had issued follow-up regulations regarding capital market products that were allowed to absorb repatriated funds, such as stocks, bonds and real estate investment trusts (REIT). (mos)

Source: http://www.thejakartapost.com/news/2016/09/27/tycoons-rush-in-as-1st-stage-ends.html

Keen taxpayers, 'big fish' boost amnesty yields

Jakarta Post - September 26, 2016

Prima Wirayani, Jakarta – After a slow start, Indonesia has seen soaring redemption funds paid under the tax amnesty over recent days, a success the government attributes to taxpayers' increasing awareness of the flagship program.

After kicking off in July, the nine-month amnesty program is expected to collect over Rp 165 trillion (US$12.5 billion) in penalty payments and to partly plug the widening state budget deficit amid the global economic slowdown.

The program yielded sluggish results during its first weeks of implementation, with redemption payments standing at Rp 13 trillion on Sept. 15, according to the tax office's official website.

The figure, however, rose in subsequent days until it reached Rp 50.3 trillion on Sunday afternoon, with declared assets standing at Rp 1.8 quadrillion. Asset repatriation, meanwhile, amounted to Rp 92.6 trillion from the government's target of Rp 1 quadrillion.

Tax office spokesperson Hestu Yoga Saksama attributed the positive progress to increasing public participation in the program.

Many taxpayers, he said, were rushing to submit applications before the first phase of the tax amnesty ends on Sept. 30. "Their participation boosts the amount of declared assets and redemption payments," he told The Jakarta Post on Sunday.

Participation in the first phase enables taxpayers to obtain lower redemption rates compared to the second and third phases of the program.

According to the 2016 Tax Amnesty Law, the redemption rate is 4 percent for those who declare their assets and 2 percent for those looking to repatriate assets from overseas between July and September.

As of last week, a number of tycoons, such as Santini Group owner Sofjan Wanandi, James Riady of the Lippo Group and politically wired businesswoman Siti Hartati Murdaya Poo, publicly declared their participation in the amnesty program.

Despite signaling a positive trend, recent amnesty figures have faced public scrutiny, especially after the tax authority changed the way it reports such data on its website.

On Sept. 15, for example, the so-called "tax amnesty dashboard" on the website reported Rp 13 trillion entering the state's coffers from redemptions paid by taxpayers who had also submitted asset statement letters (SPH) to tax offices. A few hours later, the number soared to Rp 18 trillion, after it included data from taxpayers who had yet submitted their SPH.

The website also no longer presents incoming figures in a speedometer format showing the distance from the target of Rp 165 trillion in penalty payments. It has been replaced with a donut chart containing data on redemption payments, outstanding tax paid by taxpayers wishing to join the program and taxes collected from dropped tax investigations.

Several tax consultants contacted by the Post refused to comment on the matter, saying they had not yet checked the dashboard.

Even the Finance Ministry's taxation director general Ken Dwijugiasteadi said he was not aware of the change. "I never check the dashboard," he said after attending a hearing at the House of Representative's Budget Committee on Wednesday.

Yoga, however, confirmed the change, saying it aimed to provide the public with detailed data on the amnesty's realization. "All of it is real data," he said.

Tim Condon, Singapore-based head of Asia research at ING, wrote regarding the disappearance of any reference to the full-year collection target on the Finance Ministry's amnesty meter that, "We infer [it] is under review for downward revision."

DBS Bank's Singapore-based economist Gundy Cahyadi said the most important thing to watch was additional tax revenues gained from the amnesty because it was an urgent matter for the state budget.

The new dashboard will encourage people to participate in the program, said Center for Indonesia Taxation Analysis (CITA) executive director Yustinus Prastowo, who admitted he was confused at first by the new dashboard.

The disappearance of the target, he added, was just a government strategy, indicating that it was no longer chasing redemption payments but more participation from the public.

Source: http://www.thejakartapost.com/news/2016/09/26/keen-taxpayers-big-fish-boost-amnesty-yields.html

Analysis & opinion

Can fiction ever be an alternative to history?

Jakarta Post - September 30, 2016

Taufiq Hanafi, Leiden, The Netherlands – In the preface to the textbook Sejarah Nasional Indonesia (Indonesian National History, 1990), historian and former education minister Nugroho Notosusanto draws a comparison between the coming into being of Indonesian standardized history and the growth of a single majestic tree.

He argues that it is deep rooted in the past and can gradually provide a shade of truth for the nation's future. Furthermore, its objective and scientific nature will create nothing but balance and harmony in the process of national development.

His analogy, however, is knotty (pun intended). It is knotty especially at the notion that history is singular, which could imply that other versions of narratives must not chime in and disrupt the telling of the great national tale.

Mind you, that proud Sundanese would object to and feel saddened by Mohammad Yamin's historical narrative of Gajah Mada, the prime minister of the Majapahit Empire, who he constantly glorified as a national hero, peacemaker and unifier of the Nusantara archipelago.

Sang Mokteng Bubat, a historical roman dubbed factual by many Sundanese, deals with this issue of singularity, mainly in the constantly avoided history about relations between Sunda and the Majapahit kingdom.

It argues that Gajah Mada's unification was actually the origin of colonial rule imposed by non-Europeans in the archipelago. But no matter how historical Sang Mokteng Bubat might be, this tale disrupts the official written history and is, thus, skipped over.

Similarly, the bleakest moment in our history is passed by in silence. Almost all Indonesian written history in Indonesia skips over the mass killings of the communists and left-wing sympathizers after the aborted coup blamed on the Indonesian Communist Party (PKI) in 1965.

Take the obligatory read, Pendidikan Sejarah Perjuangan Bangsa (the History of the National Struggle) for example. We were so accustomed to this that we thought the historical events presented in the book were all thorough, truthful and, most importantly, heroic.

I can clearly recall when my fifth grade teacher had my classmates and I role play, assuming the roles of heroes in an ongoing plot to crush the villainous communists.

We were instructed to show admiration for the Army and the people for their outstanding success in crushing the September movement of the PKI and to believe that the anti-communist purge was the right thing to do in order to support the national struggle and to march toward a just and prosperous society under Pancasila.

We were also instructed to believe that Soeharto was a hero who had so much love and respect for his people and his country. This was all clearly stated in the book. As for the massacre, the book remains silent.

Never did we learn from history books that the purge meant the butchering of more than half a million of our brothers and sisters.

Had I known that crushing the communists could mean plucking out their nails with pliers, slitting their throats and guts, like what happened to Adi Rukun's brother in the movie Look of Silence, I would not have taken the role of the heartless heroes.

Clearly, I was misinformed about this, and about many other things. And clearly, I was not alone.

It was only years later, when I resorted to reading fiction, that I found our history textbook was principally used to justify the evil of the regime and served as a tool to ascribe onto others all wickedness that it did not wish to recognize in itself.

The history book was so cleverly crafted that readers were in constant denial about the genocide. Furthermore, readers even became nostalgic about the regime's heroism and never found it necessary to unearth the atrocities that it had buried. This could be one of the many reasons that reconciliation among us is never within easy reach.

In fiction, however, the killings are made clear. Ahmad Tohari in the Ronggeng Dukuh Paruk (Dancer of Paruk Hamlet) trilogy narrates a description of the mass killings in Central Java and the close cooperation between the army and paramilitary groups. I personally never knew about this political cooperation until years after Soeharto fell.

Mencoba Tidak Menyerah (Trying not to Surrender) by Yudhistira ANM Masardi vividly portrays the systematic massacre and politics of fear through the eyes of a small boy who is searching for his father after he was made to disappear due to his affiliation with the communists. This too was a piece of information that actually took place but was never widely studied in schools.

Ashadi Siregar centers his novel on students who were annihilated by the army after the aborted coup, while Umar Kayam questions how society has been dehumanized for not having the courage to address the issue.

There seems to be a little bit more freedom in literature to speak about these topics that must not be spoken of. I am now more than interested in finding the reason that Indonesian fictional works could actually do this.

But in the beginning, upon finding out things that I had not known before, I was in some sort of denial. I thought there was no way that that fiction could speak the truth and be historical. But as I read more and more narratives other than the standardized history, I finally came to the realization that fiction, to some extent, actually did.

Literature, according to Hoadley (2005), can reveal the coercion and violence exercised by the state over its citizens that has been denied in the nation's written history. Fiction replaces the role of history.

But this does not suggest that the official history, which is dubbed central, objective and scientific, be sidelined. I just find it compulsory that the peripheral, subjective and fictional be taken into account and analyzed accordingly, because that was the only access that most Indonesians living under the New Order regime had.

It could be true that fiction did not serve as a reliable source of historical information, but neither did Indonesian historical writings. Our historical writings and fictional works are, anyway, in so many ways equally fictional.

If writing history, as suggested by Nugroho Notosusanto, is similar to growing trees, then let there be more trees and let people learn to choose which tree gives better shade.

[The writer lectures at the School of Arts, Padjadjaran University in Bandung and works as a researcher at the Graduate School of Humanities, Leiden University in the Netherlands.]

Source: http://www.thejakartapost.com/news/2016/09/30/can-fiction-ever-be-alternative-history.html

Listening to the Pacific beat on Papua

Jakarta Post - September 29, 2016

Budi Hernawan, Jakarta – In an unprecedented move, seven UN member states from the Pacific raised their concerted voices on Papua during the prestigious 71st session of the UN General Assembly in New York this week.

Nauru started the intervention by highlighting the issue of human rights violations in Papua, followed by a newcomer in the discourse of Papua: the Marshall Islands.

Vanuatu, Tuvalu and the Solomon Islands followed suit and went one step further by specifically highlighting the issue of the right to self-determination for Papuans. Tonga emphasised the gravity of the problem and Palau, another novice, called for constructive dialogue with Indonesia to solve the Papua issue.

This was a historic moment for us as we have never had such unified high-profile intervention when it comes to the issue of Papua at the UN. Perhaps the only lone ranger used to be Vanuatu, which tried to break the silence of the UN fora.

This week's debate at the UN General Assembly might remind us of a similar but much more colorful debate on Papua at the assembly in 1969, when the forum decided to close the chapter on Papua by accepting the result of the Act of Free Choice.

If in 1969 some African countries expressed opposition to the assembly's decision to adopt the result of the 1969 Act of Free Choice for Papuans, today the Pacific nations are taking the lead.

Indonesia's response, however, was highly predictable. Repeating the slogan of territorial integrity and sovereignty, the government's response unfortunately does not provide us with facts and evidence of the improvement in the human rights situation in Papua.

It may be remembered that President Joko "Jokowi" Widodo promised to solve the killing of four high-school students in Paniai on Dec. 8, 2014. The investigation into the case has been delayed for almost two years and we have not seen much progress.

The families of the victims recall that at least eight government institutions sent their respective fact-finding team to interview victims on the ground and personnel of the Army, the Papua Police, the National Police, the Air Force, the Papua Legislative Council, the Witness and Victim Protection Agency (LPSK), the Office of Coordinating Security, Political and Legal Affairs Minister, the National Commission on Human Rights (Komnas HAM). None of these teams, however, has ever published their report for public consumption.

Similarly, the dossiers on the Wasior killings of 2001 and the Wamena case of 2003 have been pending for more than a decade at the Attorney General once Komnas HAM finished its investigation. These were not ordinary crimes but crimes against humanity, one of the most serious crimes punishable by Indonesian and international law. Unfortunately, both Komnas HAM and the Attorney General's Office have argued over evidence and procedure for years.

Komnas HAM insists that it has provided conclusive evidence and has followed proper procedure. On the other hand, the Attorney General's Office has argued that Komnas HAM has not met the requirement of a pro-justice investigation as investigators did not take an oath as required by the Criminal Law Procedures Code. Both institutions have overlooked the fact that victims continue to suffer.

Memories are still fresh on the surge in the arrests of Papuan youth when they took to the streets to express their opinions in public despite a constitutional guarantee of the right to do so.

The Jakarta Legal Aid Institute (LBH Jakarta) documented that at least 4,587 individuals, men and women, were arrested by the police for expressing their political views in 13 cities, namely Dekai, Fakfak, Jakarta, Jayapura, Kaimana, Makassar, Malang, Manado Manokwari, Merauke, Sentani, Wamena and Yogyakarta.

While most of the arrestees were released within 24 hours, the deployment of police in 13 jurisdictions across the country would not have been possible without the blessing of the National Police top brass.

While we were grappling with human rights conditions in Papua, we were shocked by the President's decision to appoint Gen. (ret) Wiranto as the coordinating political, legal and security affairs minister.

In February 2003, the UN-sponsored Special Panels for Serious Crimes of the Dili District Court, Timor Leste, indicted Gen. Wiranto, then the Indonesian defense and security minister and Indonesian Armed Forces (ABRI) commander for crimes against humanity in connection with the events in Timor Leste in 1999.

As we were yet to recover from the President's unfathomable choice, we were presented with another unprecedented decision when the Indonesian Military TNI chief named Maj. Gen. Hartomo to lead the military's Strategic Intelligence Agency (BAIS).

Hartomo was the commander of the Army's Special Forces (Kopassus) Tribuana X unit assigned to Papua when Theys Eluay was murdered. Hartomo and six other Kopassus officers were charged with Theys' murder on National Heroes Day in 2001. He and his team were found guilty and sentenced to three years in prison by the Surabaya Military Court and discharged from the Army.

These all are simple facts that tell us the way our government commits to human rights in Papua and elsewhere, which the Indonesian delegation to the UN General Assembly describes as "robust and active".

[The writer, who obtained his PhD from the Australian National University, lectures in international relations at the Paramadina Graduate School of Diplomacy, Jakarta.]

Source: http://www.thejakartapost.com/news/2016/09/29/listening-pacific-beat-papua.html