Poso – The Central Sulawesi Indonesian People's Center for Struggle (PPRI) held a free speech forum at the Clock traffic circle in Poso city on Wednesday October 19.

The PPRI believes that democratic space in Indonesia is steadily shrinking as can be seen from the Indonesian military's (TNI) return to involvement in civil affairs. In a speech South Sulawesi PPRI coordinator Agus stated that the government must expand democratic space by revoking anti-democratic laws.

"We demand that the government expand democratic space by revoking all [deliberations] on anti-democratic draft laws and repeal all [existing] laws that obstruct the people's movement".

Furthermore, Agus said that the TNI has significantly deviated from its function and duties. There have been around 31 Memorandums of Understanding (MoU) made between the TNI and government institutions, the TNI has become involved in safeguarding the entry of cement factories in Central Java and is involved in various activities on university campuses.

In addition to this, there are still many other policies that legitimise the TNI's involvement in civil affairs through the law on intelligence (UU Intelejen), the law on mass organisations (UU Ormas) and law on national security (UU Kamnas).

Yet this contravenes Article 6 Paragraph (1) of Law Number 34/2004 on the TNI which states that the role of the TNI is as the defender of all forms of foreign and domestic military aggression and armed threats against the sovereignty, territorial integrity and safety of the nation.

The free speech forum was closed with deputy action coordinator Vanli reading out of the PPRI's demands: condemning police violence against Tadulako University students; supporting the West Papuan people's struggle for self-determination; ending the criminalisation of farmer activists in Surokonto Wetan; opposing all forms of sexual violence; the TNI's return to the barracks and the abolition of the TNI's territorial military commands; universal free education and healthcare; the development of national industries and the nationalisation of all vital assets under the control of the people and; the repeal of anti-democratic laws and the abolition of all MoU between government institutions and the TNI.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was "PPRI Sulteng Tuntut Perluasan Ruang Berdemokrasi".]

Source: http://www.solidaritas.net/2016/10/ppri-sulteng-tuntut-perluasan-ruang-berdemokrasi.html

West Papua

Continuing restrictions on free expression in West Papua

UNPO - October 21, 2016

UNPO conducted an interview with Aprila R.A. Wayar on her experiences as a journalist carrying out her profession in West Papua. Wayar was born in West Papua and grew up in Java. After graduating from the local university in Java, she returned to West Papua to work as a journalist. Her personal experiences shed light on the restrictions of the freedom of opinion and expression frequently experienced by local and foreign journalists in West Papua.

As the experiences by Ms Wayar reveal, journalists working in West Papua are limited in their freedom of expression out of fear of legal and social sanctions if they openly display their genuine opinions. She emphasizes that "as a journalist in West Papua, I cannot express to people around me what is truly going on." Such self-censorship, which generally arises from fear of violence and harassment by public officials as well as from social condemnation of pro-independence sentiments, often provokes journalists to conceal their political views. Journalists who do report from the Papuan perspective while opposing those of other people, Wayar points out, are often condemned for being separatist or labelled pro-independence. In addition to social denouncement, journalists that have reported on sensitive political topics as well as persons interviewed by journalists have often been subject to physical violence as well as murder and kidnapping.

Foreign journalists have additionally been subjected to foreign media restrictions. Even though a 25-year ban on foreign media that prevented foreign journalists from entering West Papua was lifted last year, "the ban was lifted only on paper," Wayar reveals. She points out that the Indonesian government and security forces continue their efforts to impede foreign media access. Foreign journalist that have uttered critical political views have been placed on visa-blacklists. In 2015, Cyril Payen for example, a reporter for France 24 television, faced a visa ban after having produced a documentary that was condemned for generating pro-independence sentiments. Furthermore, journalists that have managed to get a visa to report on West Papua have been subjected to monitoring of their activities in the area, which might influence the content of their news reports. Such control that government officials have over journalists might produce a lack of news stories that cover multiple sides, including those of people that are critical of government policies. The result of such restricted foreign media access is, Wayar argues, that the international community including those who promote the human rights of the West Papuan people are insufficiently aware of the local issues experienced by Papuan people.

Raising awareness of the challenges that indigenous peoples in West Papua face is crucial for enacting change in the area, Wayar emphasizes. Papuan people run the risk of losing their identity: "in 2050, there will be no Papuan people left." She points out that the age-old history of Papua and its unique culture is being lost because it is not transferred to the next generation. Instead, a new 'history' is taught that ignores Papuans' indigenous culture and promotes an Indonesian flavored story. Additional challenges that Papuan people face are widespread immigration from foreigners as well as poverty and insufficient access to education and health care, which is only accessible for those living in large cities. In order to generate improvements of the living and social conditions of the Papuan people, Wayar argues, the marginalization of indigenous peoples needs increased national and international awareness. As such, the profession of journalism and the safe performance thereof might be of crucial importance for the wellbeing of the people in West Papua.

Source: http://unpo.org/article/19579

Jokowi's dualism, inconsistent policies hamper conflict resolution in Papua:

Jakarta Post - October 20, 2016

Marguerite Afra Sapiie, Jakarta – President Joko "Jokowi" Widodo's dual approach and inconsistent policies in Papua during his two-year administration have emerged as obstacles in his efforts to resolve the long-standing conflicts in Indonesia's easternmost region, a rights watchdog has said.

Imparsial director Al-Araf said while it was striving to restore Papua people's trust in the government through various economic and infrastructure developments, the Jokowi administration had at the same time continued to use security approaches to solve problems in the region.

Among the security approaches are the formation of Kodam XVIII/Kasuari, a new military command in West Papua's capital Manokwari, which had the potential to heighten military abuse in the area.

Such a contradictory approach has led to more human rights abuses in Papua, including murders, shootings, torture and arrests of activists carried out by security personnel, Al-Araf said.

"President Jokowi should take a breakthrough approach for conflict resolution in Papua, in which he pushes instead for more inclusive dialogue and negotiations between Jakarta and Papua," the rights activist told journalists on Wednesday.

He questioned Jokowi's belief that improving Papua could be done through economic and infrastructure development. This was because Papua's main problems lay in the government's inability to reach local people to fully address the alleged marginalization of the Papuans and past human rights abuse cases that remained unsolved.

To further develop Papua, Al-Araf said the government should push for independent agencies such as the Corruption Eradication Commission (KPK) to control the flow of Papua special autonomy funds, as these were vulnerable to corruption by both central and local governments. (ebf)

Source: http://www.thejakartapost.com/news/2016/10/20/jokowis-dualism-inconsistent-policies-hamper-conflict-resolution-in-papua-imparsial.html

New fuel policy short sighted

Jakarta Post - October 20, 2016

Fedina S. Sundaryani and Nethy Dharma Somba, Jakarta/Jayapura – The government's move to reduce fuel prices in Papua and West Papua may have been well-intended, but poorly thought out, analysts have warned.

President Joko "Jokowi" Widodo announced on Tuesday the commencement of a one-price policy, which will lower fuel prices in the country's easternmost province to the same level as those in Java and other regions.

The new policy will allow locals to buy premium gasoline for Rp 6,450 (49 US cents) per liter, diesel for Rp 5,150 per liter and kerosene for Rp 2,500 per liter.

Experts were not enthusiastic about the announcement and have cast doubt on the sustainability of the one-price policy.

Institute for Essential Services Reform (IESR) executive director Fabby Tumiwa said the government had good intentions, but it was only a short-term solution at best.

Fabby questioned whether the government had considered the possibility that subsidized fuel demand would increase exponentially as the cheaper prices would change consumer behavior in the region.

"Will demand increase? Of course it will. Locals could afford to buy fuel at Rp 50,000 per liter before," he told The Jakarta Post on Wednesday, adding that they would most certainly be able to buy the fuel at an "87 percent discount".

ReforMiner Institute researcher Komaidi Notonegoro said the implementation of the one-price policy was odd, especially since the government had long planned to reduce sale of subsidized fuel in order to save money.

"The government has to seriously think about how this will affect the country's fiscal situation because the policy will affect the state budget," he said.

It is estimated the huge price gap will burden Pertamina with additional spending of Rp 800 billion. Most of the costs will come from air transportation to its distributors located in eight regencies in Papua and West Papua.

Pertamina uses an air tractor operated by subsidiary Pelita Air to transport the fuel. The aircraft is capable of transporting 4,000 liters of fuel per flight.

Pertamina insists it is not overly concerned about the new policy. Pertamina finance director Arief Budiman said the company's finances would remain stable as it could cross subsidize any potential losses from the company's other businesses. "In general, [Pertamina's] finances will still be in a good condition," he said.

Pertamina marketing director Ahmad Bambang cited non-subsidized fuel, subsidized industrial fuel, lubricants, non-subsidized liquefied petroleum gas (LPG) and petrochemicals as sectors that may possibly be selected to cross subsidize the low-cost fuel.

Jokowi's announcement enthralled locals and Bintang Mountain regent Costan Oktemka. Costan said he would soon issue a regulation prohibiting the sale of premium and diesel at more than Rp 10,000 per liter.

Although Pertamina supplies the Bintang Mountain regency with 75 liters of premium and 25 liters of diesel per month, prices remain high because of the difficulties in transporting to the Oksibil district.

However, despite Pertamina's denials, the company may still feel the pinch. Last year, Pertamina's revenues dropped significantly by 40.3 percent to $41.76 billion from $70 billion in 2014.

It attributed the revenue plunge to falling oil prices. Last year saw prices of both West Texas Intermediate (WTI) and Brent Crude sink to their lowest levels of around $30 per barrel.

The Energy and Mineral Resources Ministry said it was prepared to recalculate the alpha – the distribution costs and margin set by the ministry – of subsidized fuel in order to lighten Pertamina's burden.

"We will calculate the alpha again so that it does not burden anyone," the ministry's director for downstream oil and gas business guidance, Setyorini Tri Hutami, said.

Up to Rp 94.4 trillion was allocated in the revised 2016 state budget for fuel and LPG subsidies. The government has proposed Rp 92.2 trillion to be allocated in next year's draft state budget.

Meanwhile, Fabby recommended that in the long run, the government should start looking at non-petroleum fuel sources that could be developed locally in order to minimize the regions' reliance on subsidized fuel.

Furthermore, more renewable energy-fueled power plants needed to be built in Papua and West Papua, instead of the more widely-used diesel, he said.

Source: http://www.thejakartapost.com/news/2016/10/20/new-fuel-policy-short-sighted.html

Indonesian president needs to prioritize human rights in Papua

UCA News - October 18, 2016

Ryan Dagur, Jakarta, Indonesia – Indonesian President Joko Widodo's development of Papua needs more emphasis on human rights, according to activists.

Father Neles Tebay, a Papuan activist priest said that in the two years since Widodo took office he has not brought any significant improvement in human rights.

"The president presented a new paradigm in dealing with Papua by using welfare and various infrastructure projects, such as the construction of rail, bridges and highways that cost trillions of rupiah," he said.

"But infrastructure development cannot run concurrently with murder, kidnapping and the suppression of civil society," the priest said during a discussion at the Setara Institute for Justice and Peace in Jakarta on Oct. 13.

He was referring to a report by the Setara Institute documenting such violations. This year, according to the report, 2,293 Papuans were arrested, 61 shot and 13 killed by the army, police and the military wing of the Free Papua Movement.

The priest also pointed out that the international community has drawn attention to the Papua issue. At the U.N. General Assembly meeting in New York in September, the leaders of six countries in the Pacific region, such as Solomon Islands, Vanuatu, Nauru, the Marshall Islands, Tuvalum and Tonga raised the issue.

"The countries' attention indicates that the world is still questioning Indonesia's commitment to resolve the Papua conflict," he said. He demanded that Widodo hold a dialogue with the Papuan people to find a solution because the government has so far not listened to them.

Father Antonius Benny Susetyo, Setara Institute's council secretary said Widodo is at a turning point. Widodo likes dialogue but his chances at resolving the conflict "depend on his political commitment," he said.

Bonar Tigor Naipospos, deputy chairman of the Setara Institute said Papuans trust Widodo and he won 70 percent of their votes during the last presidential election "because they had high hopes that he would bring change."

However, he made no significant progress and even Papuan resistance to the government has increased, according to Naipospos.

"Widodo's failure lies in his idea that development will solve everything but it is not just about poverty. The most important thing is to seize the hearts and minds of Papuans and make them feel part of Indonesia," he said.

Cypri Jehan Paju Dale, a researcher who has published several books on Papua, said that the increased international attention is an important test for Indonesia. "It is clear that a militaristic approach would worsen the situation," he said.

Indonesia's denial of the human rights issues in Papua at the U.N. General Assembly does not help anyone and does not fix the real situation in Papua, he said.

"There is no other rational and ethical choice for Indonesia, as well as development they must take responsibility for what has happened in Papua," Dale said.

At the U.N. General Assembly meeting, Nara Masista Rakhmatia, an official at Indonesia's permanent mission to the United Nations, said that the Pacific countries' statements were designed to support separatist groups. She reiterated Jakarta's stand that it has 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 unnoticed and unscrutinized," she said.

Papua consists of two provinces Papua and West Papua and has a population of nearly four million, according to government statistics. The majority are Protestants 52 percent and Catholics count for 15 percent.

Indonesian authorities are frequently accused of repressive measures in Papua and West Papua provinces, where there has been a long-simmering independence movement among indigenous Papuans, who are predominantly Christian.

Source: http://www.ucanews.com/news/indonesian-president-needs-to-prioritize-human-rights-in-papua/77387

Pacific peoples lead push for Papuan decolonisation

Radio New Zealand International - October 18, 2016

An academic specialising in West Papua says Pacific Islands peoples are taking the lead on issues of decolonisation within the region.

Dr Cammi Webb-Gannon is a research fellow at Western Sydney University's School of Humanities and Communication Arts.

She says the unprecedented level of discussion about West Papuan self-determination and human rights at the recent UN General Assembly reflects a new momentum towards decolonisation in the Pacific.

Dr Webb-Gannon spoke to Johnny Blades about the growth of international solidarity for West Papua and the issue of regional representation.

Transcript

Cammi Webb-Gannon: As West Papuans have been able to get their stories out as I've been observing the conflict and the movement for about 10 years I'd say it's from 2010 when this has really taken off and then in 2011 I think Indonesia was picking up on the increased traction of West Papua in the international media and so I think that's when Indonesia decided it really needed to start to have more influence in Melanesian and Pacific politics and it was in 2011 that Indonesia was given observer status at the Melanesian Spearhead group and really started heavy diplomacy into Melanesia to try and counteract the solidarity and the civil society support for West Papua.

Johnny Blades: Do you see any signs in Indonesia's kind of response that it will do anything other than just sort of push through its viewpoint?

DW-G: Not in the near future I don't, you heard also Indonesia's first right of reply no doubt at the United Nations about a month ago and it was quite uninformed, very typical Indonesian government response, saying that essentially there are very few if any human rights violations that have taken place in West Papua and that it would be impossible for them to go un-scrutinised and that's just blatantly untrue. And then you have several Indonesian NGO's going 'that's ludicrous' and you know that's typically what the response has been. It doesn't look like it's changing but it does look like Indonesia's getting more worried therefore they're increasing their diplomatic efforts.

JB: There is this argument about regional representation for the Papuans, do you think that the Pacific support can be effective, can it overcome the geo-political forces?

DW-G: Well I think it already is, I mean the fact that for the first time West Papua's been raised at the UN by seven countries not just Melanesian countries, but from Tonga and Tuvalu and the Marshall Islands and Nauru and Palau as well, is a huge testament to the work that the United Liberation Movement for West Papua has been undertaking so a whole lot of diplomacy by the leaders of the ULMWP around the Pacific but also this taps into the Pacific renaissance which I think has been sweeping across the Pacific for the past five or six years. So I guess for the first time since around the 1970s/80s when the Pacific was starting to decolonize, it's a new spirit of decolonisation. I think it's more strident than it's ever been before and it's more powerful and these Pacific countries are making very good use of regional fora and international fora and West Papua is one of the top issues. I think that the Pacific is really taking the lead on this.

Source: http://www.radionz.co.nz/international/programmes/datelinepacific/audio/201820417/pacific-peoples-lead-push-for-papuan-decolonisation

New momentum towards decolonisation in Pacific

Radio New Zealand International - October 18, 2016

West Papua specialist Dr Cammi Webb-Gannon said the unprecedented level of discussion about West Papuan self-determination and human rights at the recent UN General Assembly reflected a new momentum towards decolonisation in the Pacific.

Dr Webb-Gannon, from Western Sydney University's School of Humanities and Communication Arts, said the Melanesian Spearhead Group chairman and Solomon Islands prime minister Manasseh Sogavare had been particularly pivotal.

"So he's brought together a lot of Pacific Island countries who have just taken the West Papua issue to the UN but are also hoping to take it to the UN decolonisation committee. So more than ever before, West Papuans are getting their cause on the international radar and that's really due to the incredible action that's taken by other Pacific countries."

Meanwhile, there are hopes among West Papuans that the new United Nations Secretary-General will help protect the human rights of Papua's indigenous people.

Antonio Guterres, the former Portuguese prime minister, was been unanimously elected to take over the UN top job from Ban Ki-moon at the start of next year. As Portugal prime minister, Mr Guterres played a key role in the UN intervention in East Timor shortly before it gained independence from Indonesia.

The United Liberation Movement for West Papua's Pacific regional ambassador, Akouboo Amatus Douw, said that unlike Portugal's efforts to do the right thing by Timor, the Dutch have not met their moral obligation to Papuans.

However, he hoped that Mr Guterres can similarly help Papuans facilitate calls by seven countries at the UN general assembly last month for an investigation into alleged rights violations in Papua.

Mr Guterres was also the UN High Commissioner for Refugees for 10 years and his work in this role was acknowledged by Mr Douw. Under Mr Guterres's leadership, the UNHCR provided legal and humanitarian assistance for over 10,000 West Papuan refugees in PNG.

"In my rough estimation we have 30,000 Papuan political refugees all around the globe including myself," said Mr Douw. He said the main reason that Papuans have to flee Indonesian rule is the denial of their absolute rights of self-determination in their home country.

"As I was of 43 West Papua political asylum seekers who escaped from West Papua and landed in Australia in 2006, I have very positive thoughts on his (Guterres') priorities in seeking to revolve core issues behind why these people became marginalised and suffered in all aspects."

Source: http://www.radionz.co.nz/international/pacific-news/315893/new-momentum-towards-decolonisation-in-pacific

Jokowi welcomed in Papua, orders PLN to speed up projects

Jakarta Post - October 18, 2016

Nether Dharma Somba, Jayapura – President Joko "Jokowi" Widodo, accompanied by First Lady Iriana, has again visited Papua, inaugurating several infrastructure projects in a move aimed at winning the hearts and minds of people in the country's easternmost provinces.

In the two-day visit starting on Monday, Jokowi inaugurated projects including six power facilities in Papua and West Papua worth a total of Rp 988 billion (US$76 million).

The six facilities are the 20-megawatt (MW) Orya hydropower plant (PLTA) in Genyem; a 3.5-MW micro hydroelectric power plant in Prafi, Manokwari, West Papua; the Genyem-Waena-Jayapura 70-kilovolt 174.6-kilometer high voltage line (SUTT); the Holtekamp-Jayapura 43.4-km SUTT; the 20-MW Sentani-Waena substation; and the 20-MW Jayapura substation.

Jokowi said Papua's geographical conditions were very tough but should not be seen as an obstacle for completing the infrastructure projects on time, and should instead be viewed as a challenge to accelerate development.

"Just now, I spoke with the [state electricity firm] PLN president director and he said the electrification program across Papua and West Papua would be completed by 2020. I said 'don't make it too long'; if possible it should be completed by 2019.

"I know the geographical conditions of Papua are very tough, but the target should still be met, not just for electricity projects but all infrastructure projects in Papua," said Jokowi.

The inauguration was marked by Jokowi, along with Papua Governor Lukas Enembe, State-Owned Enterprises Minister Rini Soemarno and PLN president director Sofyan Basir, pressing a button at PLN's Nendali village substation in Sentani, Jayapura, Papua.

"The two SUTT and two substation projects are the first in Papua. The operation will also save as much as Rp 161 billion in fuel annually," said Sofyan.

Sofyan said the current total power capacity in Papua and West Papua was 294 MW and 242 MW at peak load for 521,000 customers, with an average 8 percent growth annually.

"With the completion of the projects, the power capacity in Papua and West Papua will increase twofold by 2019 and PLN is ready to make the 2020 National Games (PON) in Papua a success," he said.

He added that PLN had to work around the clock to complete the electrification of 15 regency capitals across Papua and West Papua and to provide an adequate power supply for outer islands and border areas by 2019.

Lukas expressed his appreciation to Jokowi for making four visits to Papua, including two trips this year, since becoming president. "President Jokowi is the first president of Indonesia who has reached interior regions of Papua. It's [a moment of] such pride and honor for us Papuans to see Mr. President's eagerness in developing Papua," Lukas said.

Jokowi made his first visit to Papua during Christmas 2014, despite calls from a number of local church leaders to cancel the visit as an expression of their disappointment over the government's slow response to a shooting in Enarotali, Paniai, in which five civilians were reportedly killed.

During the visit, Jokowi promised to develop traditional markets in the province, which still sees rampant cases of armed conflict. At the end of December last year, Jokowi again visited Papua and West Papua provinces and marked the turn of the year to 2016. His visits have been warmly welcomed not only by local officials, but also by informal leaders.

Papuan community leader Franzalbert Joku also expressed appreciation for Jokowi's four visits to Papua since taking office. "We hope the situation can be maintained so Papuans can feel the greatness of the republic," he said. "We hope blackouts will no longer take place and PLN will further improve its services," said Sentani resident Yunice.

Source: http://www.thejakartapost.com/news/2016/10/18/jokowi-welcomed-in-papua-orders-pln-to-speed-up-projects.html

Police arrest three separatist leaders

Jakarta Post - October 17, 2016

Jayapura – Papua Police have arrested three people for alleged criminal activities and their involvement in a separatist organization, the Papua National Liberation Force (TPN), in Paniai.

The suspects, identified as Demianus Magai Yogi, Jemi Magai Yogi and Aloysius Kayame, had been hunted by the police for the past year. Police have also arrested another suspect, Jonah Wenda, who acted as the group's spokesman.

"The arrests were conducted peacefully. There was no shooting or any violence," Papua Police chief Insp. Gen. Paulus Waterpauw said on Saturday. He added that the alleged crimes included theft, robbery, extortion, threats and illegal firearm possession.

Source: http://www.thejakartapost.com/news/2016/10/17/island-focus-police-arrest-three-separatist-leaders.html

Jokowi keeps promise, but distrust lingers

Jakarta Post - October 17, 2016

Margareth S. Aritonang, Jakarta – President Joko "Jokowi" Widodo is slated to visit Papua today to inaugurate a new airport in the impoverished Yahukimo regency, deep in the mountains of the country's easternmost region, which comprises the provinces of Papua and West Papua.

The visit is the latest of his many trips to the region since he took office two years ago, all part of his outreach to Papuans, 70 percent of whom voted for him during the presidential election.

The new airport has extended the list of infrastructure programs that his administration has initiated in the region. The government is also finalizing a plan to set up a special body that will be given authority to integrate infrastructure and development programs in Papua.

But questions remain as to whether Papuans have been entirely won over by his efforts. The region continues to face security challenges with frequent shootings conducted by armed civilian groups or members of the security forces.

A recent study by the Indonesian Institute of Sciences (LIPI) found that Jokowi's infrastructure programs have failed to garner support from Papuans because of their lingering and deep-rooted distrust of the central government.

Violations of freedom of expression for Papuans, human rights activists say, have continued to occur in recent years. Indeed, Papua Police chief Insp. Gen. Paulus Waterpaw has issued a non-legally binding maklumat (announcement), to remind protesters of the consequences of exercising their freedom to voice their opinions if they involve calls for independence.

Students who join such protests will receive a criminal record on their police clearance letters (SKCK), which will hamper them in getting jobs in the future. "I am well aware that all people have rights. But keep in mind that they also have obligations. One of them is to maintain the unity [of Indonesia]," Paulus said.

Paulus admitted that human rights violations, some of which have been considered gross abuses, had occurred in the resource-rich land. He claimed that his headquarters had investigated 11 cases of alleged human rights violations since 1996 but found only three that met the criteria of rights abuses.

These include a 1996 military operation to rescue 12 foreign and Indonesian scientists abducted by the Free Papua Movement (OPM) in Papua's hinterland of Mapenduma; the killings of civilians by military and police personnel in Wasior in 2001 and the unresolved shooting of five civilians in Paniai in 2014.

Maj. Gen. Yoedhi Swastono, the deputy for domestic political coordination at the Office of the Coordinating Political, Legal and Security Affairs Minister, believed that the number of human rights abuses could be higher. Therefore, to properly identify the cases, the office has set up a joint team to work on the resolution of abuse cases.

Yoedhi told The Jakarta Post that the team was headed by law professor Indriyanto Seno Aji, who has been working closely with team members comprising representatives from the National Commission on Human Rights (Komnas HAM) and law enforcement bodies as well as Papua's customary councils and rights watchdogs.

"The joint team is tasked with listing all incidents that have occurred in Papua and identifying which are rights abuses and which are not," Yoedhi said. "Follow-up actions will depend on the results".

The team, which was established on April 25 is scheduled to complete its task by Oct. 25. LIPI coordinator of Papua studies Adriana Elizabeth has said that acknowledging the abuses and making efforts to resolve them are essential for the government to achieve its development goals in Papua.

Source: http://www.thejakartapost.com/news/2016/10/17/jokowi-keeps-promise-but-distrust-lingers.html

UN requests Indonesia response to allegations of violent discrimination

Fiji Times - October 15, 2016

Ruby Taylor – The request made by the UN Committee on the Elimination of Racial Discrimination (CERD) to Indonesia to formally respond to allegations of racial violence and discrimination against Papuans by November is a sign that the attitude of the UN to West Papua's case is beginning to change, a Pacific Islands Association of NGO's (PIANGO) press release has stated.

In the statement, Pacific Islands Association of NGOs executive director, Emele Duituturaga expressed these sentiments following UN CERD chair, Anastasia Crickley's notification to Indonesia's UN Permanent Representative, Triyono Wibowo that the committee's recent session had considered allegations of killings and violence of indigenous Papuans in West Papua.

"I write to inform you that in the course of its 90th session, the Committee on the Elimination of Racial Discrimination has considered, under its early warning and urgent action procedure, allegations of excessive use of force, arrests, killings and torture of persons belonging to the Papuan indigenous people in West Papua, Indonesia, and allegations of discrimination against this people, that have been brought to its attention by a non-governmental organization," Ms Crickley stated in the October 3rd dated correspondence.

Duituturaga said the committee's specific requests for information indicated how seriously it was treating the allegations made by civil societies to the UN about the treatment of indigenous West Papuans by the Indonesian government.

"The bookmarks folder 'untitled folder' Google Translateall is in their court now and Pacific civil societies are eagerly awaiting November 14 alongside UN CERD to read their response," Duituturaga was quoted as saying.

Source: http://fijitimes.com/story.aspx?id=374813

Papua Police to beef up security for 2017 elections

Jakarta Post - October 15, 2016

Around 10,000 security personnel from the National Police, the Indonesian Military (TNI) and the Community Protection Agency (linmas) will be deployed to guard the 2017 general elections in Papua.

Eleven regencies and municipalities will take part in the election scheduled for Feb. 15, 2017.

"The security umbrella will be implemented from the registration of hopefuls up to the announcement of the winners," Papua Police chief Inps. Gen. Paulus Waterpauw said during a simulation event of regional elections security in Jayapura on Saturday.

Papua Police have arranged strategic planning for all regencies and municipalities that participate in the elections. "We will press down on any conflicts that might happen," Paulus said.

From the 11 areas, security authorities have listed four areas as potential zones of conflict, namely Jayapura, Lanny Jaya, Puncak Jaya and Tolikara.

In Jayapura, conflict may emerge after the Golkar Party mistakenly endorsed two candidate pairs, Abisai Rollo-Dipo Wibowo and Benhur Tommy Mano-Rustan Saru. The mistake led to the acting secretary of Golkar's Papua branch, Marthinus Werimon, to receive a bomb threat on Thursday.

Furthermore, in Puncak Jaya, there is a potential for conflict from armed militia groups operating in the area. (rin)

Source: http://www.thejakartapost.com/news/2016/10/15/papua-police-to-beef-up-security-for-2017-elections.html

Anticipation builds as Pacific CSOs await Indonesia response to UN

Scoop - October 15, 2016

Suva – The request made by the UN Committee on the Elimination of Racial Discrimination (CERD) to Indonesia to formally respond to allegations of racial violence and discrimination against Papuans by November is a sign that the attitude of the UN to West Papua's case is beginning to change.

Pacific Islands Association of NGOs executive director, Emele Duituturaga expressed these sentiments following UN CERD chair, Anastasia Crickley's notification to Indonesia's UN Permanent Representative, Triyono Wibowo that the committee's recent session had considered allegations of killings and violence of indigenous Papuans in West Papua.

"Reportedly, between April 2013 and December 2014, security forces killed 22 persons during demonstrations and a number of persons have also been killed or injured since January 2016. It is alleged that, in May 2014, more than 470 persons belonging to the Papuan indigenous people were arrested in cities of West Papua during demonstrations against extraction and plantation activities."

The letter stated, "... Such arrests have reportedly increased since the beginning of 2016 amounting to 4000 between April and June 2016 and have included human rights activists and journalists. Such acts have reportedly never been investigated and those responsible have gone unpunished."

"The submission claims that repression of persons belonging to the Papuan indigenous people is the result of a misinterpretation and lack of a correct implementation of the Special Autonomy Law by local and national authorities of Indonesia. The submission also claims that actions by security forces constitute violations of the rights of freedom of assembly and association."

Duituturaga said the committee's specific requests for information indicates how seriously it is treating the allegations made by civil societies to the UN about the treatment of indigenous West Papuans by the Indonesian government.

"CERD has given Indonesia until 14 November to provide information on its response to the allegations, the status of implementation of the Special Autonomy Law in West Papua, measures taken to ensure the effective protection of indigenous people in West Papua from arbitrary arrests and detentions as well as deprivation of life," she said.

Indonesia has also been requested to report on measures taken to ensure that indigenous people from West Papua effectively enjoy their rights to freedom of assembly and association including persons with dissenting opinions, measures taken to investigate allegations of excessive use of force by security forces including killings and steps taken to improve access to education of Papuan children in West Papua in particular those living in very remote areas by the UN CERD.

"Indonesia is not only the third largest democracy in the world, they are an emerging economic powerhouse but their inability to apply democratic principles in West Papua threatens their credibility with the international community."

"The ball is in their court now and Pacific civil societies are eagerly awaitingNovember 14 alongside UN CERD to read their response," Duituturaga said.

Source: http://www.scoop.co.nz/stories/WO1610/S00057/anticipation-builds-as-pacific-csos-await-indonesia-response.htm

Aceh

Aceh flogs 13 young people for breaking its strict Islamic laws

Agence France Presse - October 19, 2016

Banda Aceh – A young woman screamed in pain as she was caned in front of a jeering crowd in Aceh, Indonesia, the latest person to be punished after being found guilty of breaking the province's strict Islamic laws.

Aceh is the only province in the world's most populous Muslim-majority country that imposes sharia law. People face floggings for a range of offences – from gambling to drinking alcohol and gay sex.

The woman was among 13 people – seven men and six women aged between 21 and 30 – who were caned at a mosque in the provincial capital, Banda Aceh, as a baying crowd cheered the spectacle. Six couples were found guilty of breaking Islamic laws on intimacy, such as touching, hugging and kissing, between unmarried people.

A man was caned for a less serious offence described as spending time with a member of the opposite sex in a hidden location in a fashion that could lead to adultery.

One 22-year-old woman was granted a temporary reprieve as she was pregnant. But Aceh's deputy mayor, Zainal Arifin, said: "The punishment will be handed down after she gives birth."

He added that he hoped the canings would serve as a deterrent: "We hope there are no more people in Banda Aceh who break the law in future."

More and more people are being caned in Aceh. The number of women being flogged has particularly increased in recent times.

The province, on Sumatra island, began implementing sharia law after being granted special autonomy in 2001, an attempt by the government in Jakarta to quell a long-running separatist insurgency.

Islamic laws have been strengthened since Aceh struck a peace deal with Jakarta in 2005. More than 90% of Indonesians describe themselves as Muslim, but the vast majority practise a moderate form of the faith.

Source: https://www.theguardian.com/world/2016/oct/17/aceh-flogs-13-young-people-for-breaking-islamic-laws-sharia-intimacy-indonesian-province

Human rights & justice

Wife, activists lambast Jokowi as ruling fails to shed light on case

Jakarta Post - October 21, 2016

Margareth S. Aritonang, Jakarta – President Joko "Jokowi" Widodo has been accused of being slow in fulfilling his promise to resolve the mysterious death of human rights defender Munir Said Thalib following the government's rebuff over a Central Information Commission (KIP) order to publish an investigative report on the activist's death in 2004.

The cause to resolve Munir's death got a fresh boost after a series of KIP hearings finally yielded a decision last week. The ruling declared that the 2005 investigative report by a government-sanctioned fact-finding team (TPF) into the death was public information. The commission also ordered the State Secretary to publicly publish the information.

But the State Secretariat has denied responsibility, saying the whereabouts of the report, which was undertaken during the administration of Jokowi's predecessor Susilo Bambang Yudhoyono, was unknown.

"This is a serious violation," Munir's widow Suciwati said on Wednesday. "It is not only a matter of the whereabouts or the state's administrative management inherited from the Yudhoyono government. But this mainly shows how the state is dealing with the case," she added.

She believed recent confusion over the report's whereabouts was a result of misconduct from Jokowi's administration due to "negligence" and "legal disobedience".

Following activists' outcry, Jokowi ordered National Police chief Gen. Tito Karnavian and Attorney General HM Prasetyo to search for the missing report. However, Suciwati and activists said the mission to find the report only emphasized the state's "unwillingness" to uncover the mystery of Munir's murder, which Yudhoyono has referred to as "a test of our history".

"Ordering a search to find the report does not necessarily diminish Jokowi's job, as a president, to reveal the findings of the report," said Suciwati.

Human rights activists and former TPF members, Hendardi and Usman Hamid, shared her stance, saying it was strange to ask the police and Attorney General's Office (AGO) to find the report because the two bodies were part of the TPF.

They also suggested that the government's reluctance to take concrete action to settle the case signaled poor protection of human rights defenders in the country.

"Even someone like Munir who lived in big city and had a wide network could easily be killed for his work. Can you believe what could happen to others in regions who advocate for justice?" Usman said.

Separately, Al-Araf, director of human rights group Imparsial, urged Jokowi to set up a new fact-finding team to investigate individuals implicated in the murder, according to the 2005 investigation.

He added that Jokowi should use the opportunity to fulfill his promise to resolve Munir's murder and use the report as the first step toward finding the "real perpetrators".

Former Garuda pilot Pollycarpus Budihari Priyanto and former Garuda president director Indra Setiawan were sentenced to 20 and 15 years imprisonment respectively. Another individual named in the report, former deputy chief State Intelligence Agency (BIN) Muchdi Purwoprandjono, was also brought to trial but was later acquitted.

The TPF's report also mentions the alleged involvement of Muchdi's then boss, former BIN chief AM Hendropriyono.

AGO spokesman Muhammad Rum said that his institution had been searching for the document. "The Attorney General has appointed the junior attorney general for intelligence, Adi Toegarisman, to lead the AGO's search team.

Source: http://www.thejakartapost.com/news/2016/10/21/wife-activists-lambast-jokowi-ruling-fails-shed-light-case.html

Jokowi urged to set up new fact-finding team on Munir's death

Jakarta Post - October 20, 2016

Marguerite Afra Sapiie, Jakarta – President Joko "Jokowi" Widodo should set up a new fact-finding team to investigate individuals allegedly involved in the murder of human rights activist Munir Said Thalib, as alleged in a 2005 investigative document on his murder case, a rights watchdog has said.

Imparsial director Al-Araf said even though the State Secretariat had claimed it did not know where the document was, there was no doubt that Jokowi and his administration officials knew about the result of the investigation conducted by a government-commissioned fact-finding team established in 2004 to solve the case. This was especially because the report had been widely circulated in public, he went on.

As reported earlier, the Central Information Commission (KIP) has called on the government to publish the report, which has remained under wraps for 12 years.

Al-Araf said Jokowi should use the opportunity to fulfill his promise and use the report as the first step toward finding the real perpetrators of Munir's murder.

"The report named several persons who should be further investigated. He [Jokowi] should form another fact-finding team or at least a team under the National Police to investigate the persons mentioned in the document, who remain untroubled by the legal process," Al-Araf told journalists on Wednesday.

He further said Jokowi should also order Attorney General HM Prasetyo to file for a review of Munir's murder case at the Supreme Court, given that the 2005 document also revealed new evidence the government could use to take such a measure, Al-Araf said.

The fact-finding team, formed by former president Susilo Bambang Yudhoyono in 2004, identified the alleged role of State Intelligence Agency (BIN) officials in the case, including BIN deputy head Muchdi Purwoprandjono and spy chief Abdullah Mahmud Hendropriyono.

Muchdi was acquitted of all charges in 2011. The report revealed Hendropriyono was found to have exchanged telephone calls with Pollycarpus Budihari Priyanto, a former Garuda pilot who was found guilty of killing Munir, around the time of the murder. Hendropriyono has repeatedly denied any role in orchestrating the arsenic poisoning of Munir on a Garuda Indonesia flight to the Netherlands. (ebf)

Source: http://www.thejakartapost.com/news/2016/10/20/jokowi-urged-to-set-up-new-fact-finding-team-on-munirs-death.html

Jokowi's second year: Human rights and security reform questioned

Jakarta Post - October 20, 2016

Marguerite Afra Sapiie, Jakarta – The administration of President Joko "Jokowi" Widodo and Vice President Jusuf Kalla has yet to prioritize human rights and security reform during their two years in office, rights watchdog Imparsial says.

There has not been significant initiative to improve protection for citizens' rights of freedom of belief shown by Jokowi's administration, Imparsial deputy director Gufron Mabruri said on Wednesday. The state of the nation has resulted in widespread acts of intolerance directed at religious minority groups, ranging from discrimination in public services to attacks against houses of worship.

"A number of laws that apparently threaten religious freedom are still maintained and not being reviewed. It is problematic since the laws are used by groups to discriminate and attack minorities," Gufron said on Wednesday, citing the Blasphemy Law as well as joint ministerial decree (SKB) that declared Ahmadiyah a deviant sect.

The government has failed to protect freedom of expression, shown by the repeated disbandment of academic discussions and film screenings by groups to whom state officials are submissive. Protection of rights activists have also been at risk under Jokowi-Kalla's administration as violent attacks ranging from arrest to torture have persisted, he added.

Meanwhile, Imparsial director Al-Araf said Jokowi's administration had yet to make any serious attempt for security sector reform. There has been no concrete push for intelligence agency reform to end impunity of Indonesian Military (TNI) by reforming military tribunals as well as to eradicate the culture of violence committed by TNI and police personnel against civilians.

The government also lacks concern in preventing TNI from becoming too large an influence in civilians lives, he said, criticizing TNI's involvement in non-military operations, such as eviction. (rin)

Source: http://www.thejakartapost.com/news/2016/10/20/jokowis-second-year-improvements-in-human-rights-and-security-reform-questioned.html

Weighed down by politics, Jokowi disregards human rights issues

Jakarta Post - October 20, 2016

Ina Parlina and Margareth S. Aritonang, Jakarta – In his Nawacita (nine goals) program, outlined during the 2014 presidential campaign period, President Joko "Jokowi" Widodo pledged that the government would be more present in solving human rights violations.

However, this has not been the case. Past human rights abuses continue to be put on the back burner as Jokowi's administration focuses on the economy and state infrastructure.

By consolidating political parties that serve as the foundation for his administration, Jokowi could maintain full control of the government and create stability for his development programs.

Questions remain if he is committed to solving past human rights abuses given that individuals allegedly involved in some of the country's darkest chapters are now part of his administration.

Earlier this year, Jokowi renewed his commitment to solve past human rights violations, just like when he was on the presidential campaign trail almost two years ago.

It was only recently revealed that he has ordered Attorney General M. Prasetyo to search for the controversial documents investigating the murder case of rights activist Munir Said Thalib and that a new legal process could start if the documents outline new evidence.

No follow-ups have been made as Prasetyo was reluctant to conduct any judicial review to resolve past rights violations.

Last month, Jokowi finally invited a number of prominent human rights campaigners, along with legal experts, to a meeting where he expected to collect opinions on his plan for comprehensive legal reform.

Many are hopeful that Jokowi's government was finally taking steps toward resolving past atrocities. Again, disappointment set in as the legal reform, which was unveiled last week, only focused on stamping out illegal levies.

While a document on the progress of economic development over the past two years has many details, the issue of resolving human rights violations was mentioned only once in the document and no details were provided.

Jokowi's tough stance on the death penalty for drug dealers and his plan to impose chemical castration on child rapists have further raised doubts over his commitment to human rights. The death penalty has become more popular in the country since Jokowi took office in 2014.

The Commission for Missing Persons and Victims of Violence (Kontras) recorded the judiciary handed down 35 death sentences in the first nine months of this year, the majority of which were crimes related to drug trafficking, sexual offenses and murder.

Many have considered Jokowi as operating without clear guidance on human rights issues and motivated by political expediency.

Jokowi decided to invite people of the Kendeng mountains to the State Palace for a dialogue in early August and ordered a temporary halt on karst mining in the area four months after protesters staged frequent demonstrations, including putting their feet in cement, in front of the Palace. The protesters were trying to block the construction of cement factories in the area.

Under his watch, the government has initiated the first forum to resolve the 1965 tragedy, which gathered victims, families of victims, scholars and military veterans to shed light on the communist purge that allegedly killed hundreds of thousands of people accused of being communists.

However, no follow-up has been made to act on the symposium's recommendation as any resolution has been strongly objected to by groups of military veterans.

On the protection of the LGBT community, Jokowi was caught between a rock and a hard place. The most he could do was make a symbolic gesture that meant little to the community.

As attacks against the LGBT community intensified, Jokowi remained tight-lipped and when the controversy appeared to have died down, he invited popular transgender actor and comedian Dorce Gamalama to join him for lunch with other comedians at the Palace.

Presidential spokesman Johan Budi said that Jokowi had been steadfast in his commitment to protect human rights, in spite of moves that raised eyebrows, like appointing Wiranto as Coordinating Political, Legal and Security Affairs Minister even though the retired general has been accused of being responsible for a number of past atrocities.

Johan maintained that the Jokowi administration "will be committed to human rights until the final days in office". "As for his focus on economic development, it does not effect his dedication to human rights," Johan said.

Source: http://www.thejakartapost.com/news/2016/10/20/weighed-down-politics-jokowi-disregards-human-rights-issues.html

Missing report row suggests reluctance of govt to resolve case

Jakarta Post - October 18, 2016

Margareth S. Aritonang, Jakarta – The murder case is simple. There was a victim. Then there was an investigation that later delivered the results of the probe. And the results were documented.

But 12 years on, the high profile murder case of human rights activist Munir Said Thalib remains an unresolved mystery.

After the government's revelation that the case documents were missing from its archives, a furor erupted over the search for the whereabouts of the documents. None of the actors involved in this piece of history want to come forward and reveal the truth.

The National Police and the Attorney General's Office (AGO) say they are clueless, and so too the former members of the fact-finding team tasked with investigating the case. They have ended up accusing each other of having the copies of the documents.

"The police investigation was carried out based on the findings of our report. This shows the National Police and the [AGO] have their copies. Do they need to search for the documents that they already have?" former fact-finding team member Hendardi said.

Days after the team submitted its final report to former president Susilo Bambang Yudhoyono in 2005, then National Police chief Da'i Bachtiar established another team to follow up on the recommendations of the fact-finding team and carry out a further investigation into the alleged role of individuals with the State Intelligence Agency (BIN) and the state-owned Garuda airline in Munir's death.

The team formed by the police was headed by the former chief of the fact-finding team, Marsudhi Hanafi. The investigation later led to the trial of several individuals related to the case, including former BIN deputy chief Muchdi Purwoprandjono, former Garuda Indonesia pilot Pollycarpus Budihari Priyanto and former Garuda president director Indra Setiawan.

During the process, Muchdi was acquitted of the charges laid against him, while Pollycarpus and Indra were sentenced to prison terms of 20 years and 12 years, respectively.

Hendardi said his team had handed seven copies of the investigative report to the government in 2005, assuming that related government institutions would need a copy of the report to fulfill their tasks. "How is it that all of the seven copies have gone missing?"

The missing report comprising the findings into Munir's murder case has been in the spotlight since the Central Information Commission (KIP) ruled that the content of the report was public information and ordered the State Secretariat to disclose it to the public as well as the reason for keeping it secret for years.

The verdict favored Munir's widow Suciwati, the Commission for Missing Persons and Victims of Violence (Kontras) and the Jakarta Legal Aid Institution (LBH Jakarta), who jointly filed a suit demanding the disclosure of the report in April this year.

Nothing of significance happened after the KIP issued its verdict early last week, just finger-pointing over the whereabouts of the report. For team-member Usman Hamid, the kerfuffle reflects nothing but the "incompetence of the country's law enforcement bodies".

The long period of time and complicated process taken to solve the case suggests to Suciwati that the people behind the death of her husband were a part of the government.

"I am sure about this," Suciwati told the The Jakarta Post. "For me, anyone in the government who hampers the process is involved in the murder. I will not give up demanding truth and justice".

Source: http://www.thejakartapost.com/news/2016/10/18/missing-report-row-suggests-reluctance-govt-resolve-case.html

Culture of secrecy persists 18 years after democratic reforms

Jakarta Post - October 17, 2016

Ina Parlina and Margareth S. Aritonang, Jakarta – When the Central Information Commission (KIP) ruled last week that an investigative report on the murder of human rights activist Munir Said Thalib was public information that needed to be disclosed, hopes were high that President Joko "Jokowi" Widodo might finally shed some new light on the case.

But those hopes were quickly crushed when the government responded by saying that it did not have the report and did not know its whereabouts.

It did not take long before the fiasco turned into a blame game between officials in Jokowi's administration and supporters of Susilo Bambang Yudhoyono, who received the Munir report in 2005.

The brouhaha over the whereabouts of the Munir report is a reminder of how a culture of secrecy persists in the country even after it enacted the Freedom of Information Law in 2008.

Under the law, the KIP was established in 2009 as an adjudicator to hear disputes on information between the public and government bodies in non-litigation rulings. But as of today, the KIP remains a toothless body, having no legal power to enforce its rulings.

The law allows related parties in an information dispute to take a KIP ruling to the state administrative court (PTUN) within 14 days after the official ruling document is received. However, the PTUN also has no enforcement mechanism.

As of September, the KIP has handled 863 information disputes from a total of 2,635 disputes filed with the organization. As many as 22 cases have been brought to the PTUN. Without the goodwill of all public institutions and a strong government commitment to push for improved transparency, the KIP will remain powerless.

The Indonesian Corruption Watch (ICW), for instance, won a major dispute with the National Police over its investigation into the allegedly "fat" bank accounts of a number of police generals in 2010. The KIP ruled in favor of the graft watchdog and ordered the police to name the owners of the bank accounts.

The police have refused to comply, arguing that the bank account details constitute private information and the police cannot reveal the results of their investigation.

"It was a dead-end at that time so we turned to the KIP in the hope of accessing that information," Tama said. "We thought it could be an answer to our problem. But it didn't work."

Rumadi Ahmad, a KIP commissioner, confirmed that many institutions ignored its rulings. "[The key thing is] good will from all related parties, including public institutions, to comply with our rulings and laws that demand transparency of information," he said.

In a 2015 KIP survey on the participation of public institutions in supporting freedom of information, participation levels continued to be on the low side, with only 180 public institutions from the 386 surveyed by the KIP reporting back to the commission.

"Actually, there is a mechanism in place to prosecute those who fail to obey the rulings. However, it requires related parties to file a report with the police," he added, referring to a provision in the law that says non-compliant public institutions can face a maximum penalty of Rp 5 million (US$385) in fines or a one-year prison sentence.

Source: http://www.thejakartapost.com/news/2016/10/17/culture-secrecy-persists-18-years-after-democratic-reforms.html

No human rights progress in two years: Activists

Jakarta Globe - October 16, 2016

Jakarta – Human rights activists have slammed the president saying he has not fulfilled campaign promises of investigation past cases of rights abuses, rights leaders said on the two year anniversary of President Joko "Jokowi" Widodo's inauguration.

Jokowi has no historical links with any of the incidents, leading many activists and the families of victims to support the then-Jakarta governor during his campaign hoping he would resolve the cases once elected.

Those hopes are now fading, with Jokowi's administration moving slowly on the cases, with some officials tipping "national reconciliation." This process, activists say, does not provide legal certainty for victims and their families.

"There's no single case of human rights violations resolved to date. There's no progress at all," Haris Azhar, coordinator at rights group Commission for Missing Persons and Victims of Violence (KontraS), said on Friday (14/10).

Long term investigations from KontraS has resulted in reports on past cases of "gross human rights abuses" across the country. "No one has been able to deny the dossiers. But almost nothing has been done by the government to resolve the matter," human rights activist Usman Hamid said.

The reports have been submitted to the Attorney General, but are yet to result in any meaningful further investigation.

"Unsettled cases of violence in the past would only lead to more violent incidents in the future," United Nations human rights council special rapporteur for North Korea Marzuki Darusman said.

Source: http://jakartaglobe.beritasatu.com/news/no-human-rights-progress-two-years-activists/

AGO begins hunt for missing Munir report

Jakarta Post - October 15, 2016

Hans Nicholas Jong and Moses Ompusunggu, Jakarta – The Attorney General's Office (AGO) has begun searching for the whereabouts of a fact-finding team's report of the investigation into the murder of human rights defender Munir Said Thalib, which it says is key to reopening the case.

The Central Information Commission (KIP) said on Monday that the report authored by the government-commissioned fact-finding team and submitted to president Susilo Bambang Yudhoyono's administration in 2005 was public information and therefore should be disclosed immediately.

The KIP ruled in favor of Munir's widow Suciwati and several human rights watchdogs who demanded that the government reveal the truth behind Munir's death.

However, the State Secretariat, which is in charge of the government's administrative documents, claimed to have no knowledge of the whereabouts of the report.

Amid the confusion, President Joko "Jokowi" Widodo has instructed the AGO to find the missing report. "I think it's our responsibility to trace it. The President has also given an instruction to trace its whereabouts," Attorney General M. Prasetyo said on Friday.

He said it was now the focus of his office to find the report. "What's important is finding the document if it does exist," Prasetyo said. "After that, we'll study [the report]. From there, we can decide on the next steps to take."

If the report revealed new findings that warranted further investigation into Munir's murder case, the AGO would process the new information in accordance with national law, said Coordinating Political, Legal and Security Affairs Minister Wiranto.

As the first step, the AGO has contacted the fact-finding team, which consisted of, among others, Foreign Minister Retno LP Marsudi and activist Usman Hamid. "We are currently looking and contacting those who were on the fact-finding team," said Prasetyo.

Munir died in September 2004 of arsenic poisoning during a Garuda Indonesia flight to the Netherlands. He was known for speaking out against human rights violations by the military.

Confusion over the whereabouts of the confidential report has created tension between human rights campaigners and the State Secretariat.

The Commission for Missing Persons and Victims of Violence (Kontras), which filed the request with the KIP, demanded that State Secretary Pratikno find the document and explain to the public why the state secretary had no knowledge of its whereabouts.

Kontras coordinator Haris Azhar called Pratikno "irresponsible", urging him to face the public, instead of laying the blame on the Yudhoyono administration.

Yudhoyono's Democratic Party, meanwhile, blasted the State Palace, saying that it was now Jokowi's responsibility to resolve the Munir case.

Kontras accused the State Secretariat of violating a 2005 presidential regulation stipulating the latter's obligation to carry out the administrative tasks of the government, which includes keeping documents of public information.

"He [Pratikno] has power, given his position as the state secretary. He has to use his power in this situation," Haris told reporters at Kontras on Friday.

The documents are deemed necessary to reopen Munir's murder case, which Kontras believes involves parties apart from Pollycarpus, the only person convicted in the case.

Hendardi, director of the Setara Institute, an NGO promoting equality, and a member of the fact-finding team, said that the loss of the report set a bad precedent for human rights in Indonesia.

Source: http://www.thejakartapost.com/news/2016/10/15/ago-begins-hunt-missing-munir-report.html

Officials to face criminal charges if they can't locate Munir murder files

Jakarta Globe - October 15, 2016

Jakarta – Government officials could face criminal charges if they are unable to find missing investigation files on the 2004 murder of human rights activist Munir Said Thalib, activists say.

Public information commissioners earlier this week ordered the government to declassify the files, but the State Secretariat claimed it does not have them or know their whereabouts.

Officials are still searching for the files amid pressure from human rights activists, who insisted the files had been submitted by a fact-finding team to former president Susilo Bambang Yudhoyono in 2005.

If officials fail to find the files, they could be charged under the 2008 law on public information transparency, a lawyer from the Jakarta Legal Aid Institute (LBH) Ucok Sigit said.

"They should be held responsible. The public will lose out if the documents can't be found. That would be a criminal offense," Ucok told the press on Friday (14/10).

The law stipulates that individuals who intentionally dispose of public documents could face up to two years in prison and be fined Rp 10 million ($765).

Citing a 2005 presidential regulation on the State Secretariat, human rights group Kontras activist Putri Kanesia said the institution's response to the order was "contradictory."

The regulation says the secretariat is tasked with providing technical and administrative assistance to the president and vice president.

Human rights groups are still waiting for the government's response before determining their next move, Kontras coordinator Haris Azhar said.

"The state must make an official announcement on the current status of the documents regardless of them having gone missing or not," Haris said.

Activists have long demanded that the government find Munir's real killer. The activist was poisoned with arsenic during a layover in Singapore in 2004 before boarding a flight to Amsterdam.

Former pilot Pollycarpus Budihari Priyanto was sentenced to 14 years in prison for premeditated murder in the case, but the alleged masterminds behind his murder remain unknown. The results of the investigation by the fact-finding team have never been made public.

Source: http://jakartaglobe.beritasatu.com/news/officials-face-criminal-charges-cant-locate-munir-murder-files/

Labour & migrant workers

2017 wage won't exceed Rp 3.4 million: Governor

Jakarta Post - October 22, 2016

Agnes Anya, Jakarta – The Jakarta administration has said it would likely set the 2017 minimum wage at between Rp 3.2 million (US$290) and Rp 3.4 million per month, crushing the hopes of the city's blue collar workers who have demanded a higher base salary of Rp 3.8 million.

Governor Basuki "Ahok" Tjahaja Purnama said he would stick to the existing regulation in deciding the city's minimum wage.

Government Regulation (PP) No. 78/2015 on minimum wage stipulates that the annual minimum wage increase should be based on the city's inflation and economic growth rate. Previously, before the regulation was implemented, the calculation for the minimum wage was based on a cost of living (KHL) survey.

"No, it [the minimum wage] will not be set at Rp 3.8 million," Ahok said at City Hall on Thursday. "I think the minimum wage will be around Rp 3.2 million or Rp 3.4 million."

Ahok argued that inflation in the capital only reached 3 percent last year so it would be impossible to raise the minimum wage from Rp 3.1 million to Rp 3.8 million. "We are just following the [government] regulation," he said.

The Jakarta tripartite wage committee, which comprises city administration officials and representatives of employers associations and labor unions, have failed to reach an agreement on the amount of the 2017 minimum wage. They were supposed to come up with a fixed figure to be proposed to the governor on Wednesday.

The workers insisted that the calculation for the wage increase be based on the KHL survey they conducted, a proposal that the employers could not accept.

The employers suggested Rp 3.35 million, 8.1 percent higher than the current Rp 3.1 million, after they formulated the amount based on the 2015 government regulation.

The workers claimed they should get at least Rp 3.49 million as that was the minimum needed to live in the capital today.

By calculating other components including the inflation outlook and economic growth, the labor unions eventually decided that the minimum wage should be set at Rp 3.8 million or 23 percent higher than the current minimum monthly salary, they said.

Ahok had to determine the new minimum wage by Nov. 1 as he would have to take leave for the upcoming gubernatorial election campaign, said the head of the Manpower and Transmigration Agency Priyono separately on Thursday.

"The wage committee is only obligatory to recommend [the amount] to the governor. We will let the governor determine [the minimum wage]," he said.

According to the Indonesian Workers Association (ASPEK), Jakarta had a lower minimum wage than its satellite cities including Bekasi and Karawang in West Java. Bekasi City's 2016 minimum wage is Rp 3.32 million, while the current minimum wage of Karawang is Rp 3.33 million.

Source: http://www.thejakartapost.com/news/2016/10/22/2017-wage-won-t-exceed-rp-34m-governor.html

Jokowi's second year: Mind the quality of growth

Jakarta Post - October 19, 2016

Ayomi Amindoni, Jakarta – While President Joko "Jokowi" Widodo has managed to boost economic development within two years after taking office, an issue becoming increasingly relevant is the quality of economic growth.

Central Statistics Bureau (BPS) data show that the main indicators of economic development, such as poverty, inequality and unemployment as well as inflation and economic growth, are slightly improved in 2016.

During Jokowi's administration, the unemployment rate hit its lowest level in February 2016, with only 7.02 million unemployed people, 5.5 percent of the country's workforce of 127.8 million.

That figure represents an improvement over the 7.45 million registered unemployed people in February 2015, equaling 5.8 percent of the workforce of 128.3 million at the time.

However, Samuel Asset Management economist Lana Soelistianingsih pointed out another problem that needed taken care of, namely increased under-employment due to lay-offs and reduced working hours amid a sluggish economy.

"Our real sector is still panting. While our workforce is growing in quantity, the quality has yet to be improved," she said on Tuesday in Jakarta, recommending improvements in workforce skills by revitalizing vocational training centers.

Without appropriate measures, under-employment may put in jeopardy recent achievements. These include a decline in poverty from 28.51 million, or 11.22 percent of Indonesia's population, in March 2015 to 28.01 million people, or 10.86 percent, a year later.

Likewise, the gini coefficient, an indicator measuring income inequality, where zero expresses perfect equality, declined to 0.397 in March 2016 from 0.408 in the previous year. This indicates that income inequality in the country has narrowed. (ags)

[Indonesia use the International Labor Organization (ILO) recommendation for measuring unemployment, which means that those who worked at least one hour last week are considered as employed. – JB]

Source: http://www.thejakartapost.com/news/2016/10/19/jokowis-second-year-mind-the-quality-of-growth.html

Freedom of speech & expression

Government could remove online stories

Jakarta Post - October 19, 2016

Nurul Fitri Ramadhani, Jakarta – The House of Representatives and the government have agreed to include the controversial "right to be forgotten" provision in the amendment of the much-criticized 2008 Electronic Information and Transactions (ITE) Law, which is set to be endorsed by the end of next week, says a top lawmaker.

TB Hasanuddin, the deputy chairman of House Commission I overseeing communication and information, said that under the proposed amendment, a court would have the power to order the government to erase information considered irrelevant to a person, including that uploaded on the internet.

"Let's say someone is accused in a case, but a court rules that the person is innocent. But published reports about the allegation have already spread and the internet stores records suggesting that the person is bad while they are actually kind. The person could ask the court to order the government to remove the information," the Indonesian Democratic Party of Struggle (PDI-P) politician said on Tuesday.

In some countries, the "right to be forgotten" has been criticized because it is deemed to restrict freedom of speech and freedom to information. Many have also suggested that implementation of such a provision could lead to censorship. But Hasanuddin shrugged off the concern. "This article is to [guarantee] people's rights," he said.

The revision could add to the numerous contentious articles already in the draconian law that have seen dozens of netizens jailed for what they posted on the internet.

Under the proposed Article 26, Point 3, the government, through the Communications and Information Ministry, shall be obliged to remove all irrelevant information based on a request of certain individual should the request be approved by a court.

Henry Subiakto, an expert staff member at the Communications and Information Ministry who is representing the government in the law deliberation hearings at the House, said a citizen should be allowed to exercise his or her "right to be forgotten" in order to restore his or her reputation because past published reports about his or her mistakes could ruin his or her life and future. "We can't keep storing information that has become irrelevant," Henry said.

If the information is published by an online media publication that is not a legal entity, he added, the government could unilaterally remove it from the internet. But if it is published by a legally registered media outfit, the government would have to ask the media organization to remove the articles.

The media, he said, could still use the information for background stories as long as it was not used to intentionally damage a subject's reputation.

Henry also said the government would soon draft a government regulation (PP) to further elaborate the details of the mechanism and issue guidelines to avoid misinterpretation.

While lawmakers and the government insist that the "right to be forgotten" is aimed at protecting people's rights, advocacy groups see it differently.

Researcher Wahyudi Djafar from the Institute for Policy Research and Advocacy (ELSAM) said the provision was against the people's right to the truth, citing past human rights abuse cases.

"Not only is the regulation against human rights as it will restrict people's right to access as much information as possible, but also certain people could misuse the regulation to clear up their bad records," he said.

Source: http://www.thejakartapost.com/news/2016/10/19/government-could-remove-online-stories.html

Draconian law returns to haunt netizens

Jakarta Post - October 18, 2016

Nurul Fitri Ramadhani, Jakarta – Amid the clamor of the Jakarta gubernatorial election, a draconian cyber law that has seen hundreds of netizens imprisoned looks set to be passed once again following a period of revision.

House of Representatives Commission I overseeing information, defense and foreign affairs completed the final review of its revision to the 2008 Electronic Information and Transactions (ITE) Law on Monday, maintaining an old statute that limits people's activities on the internet.

Despite strong public calls to eliminate contentious articles that have often led to the imprisonment of netizens, the House and the government have retained the articles criminalizing defamation, hoaxes and cyber-bullying – defined as posting texts, pictures, videos and memes deemed to incite fear or cause embarrassment.

In the end, the revision only led to lighter sentencing guidelines for these offenses, now allowing for a maximum punishment of four years in prison.

House Commission I deputy chairman TB Hasanudin of the Indonesian Democratic Party of Struggle (PDI-P) argued that reducing the punishment constituted a reasonable compromise.

"We want to respect people's freedom of expression, but on the other hand, we should also protect other people's right to be free from defamation and bullying. So, all people can be protected," he argued.

The government has promised that light mockery or teasing will not be considered cyber-bullying. "It can only be applied to heavy bullying, which is done continuously to make victims feel fearful and depressed," said Henry Subiakto, a special staffer with the Communications and Information Ministry.

Indonesians are among the world's most devoted netizens with large numbers of users registered on social media and instant messaging apps. Hooked up to the internet, Indonesians spread hoaxes and consume jokes and funny memes as a daily source of entertainment.

This behavior has led to rampant social media wars in the midst of the gubernatorial election in Jakarta, in which supporters have posted memes about candidates and even false information.

Most recently, reports were spread through news portals and social media sites that National Police chief Gen. Tito Karnavian would order the National Police's Criminal Investigation Department (Bareskrim) to inspect National Mandate Party (PAN) patron Amien Rais. Tito said he never ordered Bareskrim or any other department to investigate Amien.

According to data from the Southeast Asia Freedom of Expression Network, 200 people have been prosecuted using the draconian law since it was first implemented in 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. Roughly 90 percent of the cases were defamation cases.

Indonesian Information and Communications Technology (ICT) Institute founder and IT expert Heru Sutadi said the government should offer a coherent explanation of the articles so that people could understand what kinds of reports could be followed up by the police. During campaign periods, the public should be particularly careful about posting their opinions and avoid spreading hoaxes or insulting candidates.

"I'm afraid that the prisons will be full because many people post things related to sectarianism and post unverified claims as though they are rational," Heru said.

Social analyst Devie Rahmawati from the University of Indonesia said even though the House and the government had tried to shackle netizens, it did not mean that media outlets and the public would immediately change their behavior on the internet. (adt)

Source: http://www.thejakartapost.com/news/2016/10/18/draconian-law-returns-haunt-netizens.html

Political parties & elections

NU volunteers praise Ahok for his attention to Muslims

Jakarta Post - October 22, 2016

Callistasia Anggun Wijaya, Jakarta – Volunteers from Nahdlatul Ulama (NU), RelaNU, praised Jakarta Governor Basuki "Ahok" Tjahaja for his concern for the livelihoods of Muslims during the celebration of National Santri Day on Friday.

"RelaNU sees that Basuki Tjahaja Purnama has shown great attention to Muslims and his achievements are real," RelaNU coordinator H. Taufiq Damas Lc. said on Friday at Wisma Antara in Central Jakarta.

He cited Ahok's accomplishments such as developing the Fatahillah mosque at City Hall and the Raya Mosque in Daan Mogot in West Jakarta, sending marbot (mosque caretakers) to umrah, and providing educational facilities to santri in the form of the Jakarta Smart Card (KJP) and scholarships.

Taufiq urged Jakartans to refer to the Constitution in regards to the dispute surrounding the requirements to be a leader in Indonesia. The Constitution states that every citizen has the same right to hold positions of power in government.

Taufiq said his organization hoped the election would not be polluted by sectarian issues, and that NU had expressed its loyalty to the Constitution, the five principles of Pancasila and Unity in Diversity, or Bhinneka Tunggal Ika. (evi)

Source: http://www.thejakartapost.com/news/2016/10/22/nu-volunteers-praise-ahok-for-his-attention-to-muslims.html

Protesters demand Ahok's imprisonment

Jakarta Post - October 22, 2016

Wahyoe Boediwardhana, Arya Dipa and Syofiardi Bachyul Jb, Surabaya/Bandung/Padang – After first erupting in Jakarta, anti-Basuki "Ahok" Tjahaja Purnama sentiment has spread to other cities amid an extensive social media campaign against the governor, who recently made a statement that many Muslims considered had insulted the Quran.

Following an anti-Ahok rally in Jakarta on Oct. 14, Muslims staged similar protests in Surabaya, East Java, and Bandung, West Java, on Friday. Another rally is being planned in Padang, West Sumatra.

The protesters want the Jakarta governor sent to prison for an allegedly blasphemous speech made in Thousand Islands, North Jakarta, on Sept. 27.

In Surabaya, thousands of Muslims grouped under the East Java United Muslims Community Movement (GUIB) staged rallies in front of the East Java Police headquarters and East Java High Prosecutor's Office, voicing their demands.

Representing 70 Muslim organizations, the protestors urged the police to arrest and question Ahok for insulting the Quran. "Arrest and jail Ahok, the man who insults the Quran," East Java GUIB secretary-general Muhammad Yunus said in a speech.

Hizbut Tahrir Indonesia (HTI) spokesperson Ismail Yusanto expressed a similar sentiment, urging the government to take stern action against Ahok for blasphemy.

"Ahok consciously said that people who do not vote for him because of Surah Al-Maidah 51 had been lied to. This means that he consciously called the Quran a source of lies," Ismail stated.

The issue began when Ahok spoke in front of Thousand Islands residents and Jakarta administration officials about voting rights. The governor related the issue to Surah Al-Maidah 51, which many Muslims perceive as prohibiting them from voting for non-Muslim leaders.

"In your hearts, Bapak and Ibu may not vote for me because [you have been] lied to by Surah al-Maidah, verse 51, etc. It is your right. So you do not need to feel uneasy if you cannot vote for me because you are afraid of being condemned to hell, as you are being fooled. It is alright," Ahok said.

Ahok has apologized for the statement, which many Muslims found offensive.

In Bandung, a number of schools sent students home early in anticipation of traffic congestion because of a rally staged by the Alliance of West Java Muslim Movements, demanding Ahok's arrest. The rally began after Friday prayers at 1 p.m. local time in front of Gedung Sate. The group then marched to the Merdeka Building. At least 1,000 people joined the peaceful rally, which caused traffic jams on a number of thoroughfares.

Coordinator of the alliance, Asep Syarifudin, said the rally represented the struggle of the entire Muslim community in West Java. "We demand a legal process for Ahok regarding the religious blasphemy he committed. His statement has insulted the Quran, ulema and Muslims," he said.

Separately, Muslim Reformist Movement chairman Cep Hermawan said his side would stage a bigger rally at Jakarta's City Hall if the police failed to act against Ahok by Oct. 28.

"Unless he is [legally] processed, on Nov. 4 we will surround the Jakarta Legislative Council building and City Hall. If Ahok is not punished, we will punish him," he said.

In Padang, West Sumatra, 48 Muslim mass organizations grouped under the Minangkabau Community Forum plan to stage a rally on Sunday. They called for Ahok's arrest via posters circulated on social media in the name of the Indonesian Ulema Council's (MUI) West Sumatra branch and the mass organizations.

According to the announcement, the rally will start at 8 a.m. at Nurul Iman Mosque in Padang, before moving to the West Sumatra Police headquarters on Jl. Sudirman.

The announcement also mentioned that the decision to hold the rally was reached during a meeting with local MUI chairman Buya Gusrizal Gazahar. Until Friday afternoon, however, Gusrizal was not available for comment.

Source: http://www.thejakartapost.com/news/2016/10/22/protesters-demand-ahoks-imprisonment.html

Assessing first two years of Jokowi's rule

Jakarta Post - October 20, 2016

Jakarta – Contrary to what his detractors claimed during the 2014 presidential election campaign, that then Jakarta governor Joko "Jokowi" Widodo was a political novice, President Jokowi has turned out to be a smart, if not wily, political heavyweight.

After only two years in office as president, Jokowi has managed to outmaneuver some of the most entrenched political interests in the capital, at times by offering a quid pro quo that they could not resist.

Golkar, one of the most powerful political parties in the country, has now been firmly lined up behind him. The Indonesian Democratic Party of Struggle (PDI-P) continues to be under the control of its matriarch Megawati Soekarnoputri, but as the nomination of Basuki Tjahaja "Ahok" Purnama has shown, the nation's biggest political party has to play the game according to his terms.

He has managed to build a large enough political coalition to make it easy for him to push through several of his programs at the House of Representatives.

And if the appointment of Ignasius Jonan as Energy and Mineral Resources Minister and Arcandra Tahar as his deputy tells us anything, it is that Jokowi can play off one player against another masterfully.

But Jokowi will not be judged on that accomplishment. He will be judged on whether he fulfils his campaign promises of promoting economic growth, building infrastructure, balancing the budget, protecting the country's national interests (including how to deal with the rise of China) and solving past human rights abuses.

After a disappointing first year, Jokowi has started to make inroads. When it cut the fuel subsidies, the government said it would reallocate Rp 211.3 trillion (US$16.3 billion) from the subsidies to other programs, with the largest chunk going to infrastructure. Having focused infrastructure development on Java, Jokowi has now set his target on connecting the island of Sumatra.

After much scepticism, Jokowi's tax amnesty got off to a flying start, having so far met 60 percent of the government's $12.7 billion revenue target for year-end.

But in spite of these successes, many still remain out of reach especially on the human rights issue, as harassment of minority groups has continued to make headlines while Jokowi has dithered.

Source: http://www.thejakartapost.com/news/2016/10/20/assessing-first-two-years-of-jokowis-rule.html

Jakarta governor Ahok investigated over alleged Islam insult as elections loom

Sydney Morning Herald - October 18, 2016

Jewel Topsfield, Jakarta – Maverick Jakarta Governor Basuki Tjahaja Purnama, or Ahok, as he is known, has never had a filter. Impulsive and polarising, the city's first Christian and ethnic Chinese governor – a double minority in Indonesia – seems to court controversy.

He questioned a ban on beer sales in mini markets – "no one has ever died from from drinking beer" – suggested schools should not compel girls to wear hijab, insisted he needed no support from political parties and antagonised the urban poor with mass forced evictions.

"If only there were some magic tape to put [over his mouth] so that he would talk as we hope," former Indonesian president Megawati Soekarnoputri reportedly lamented at a meeting before her party announced it would endorse him in next February's gubernatorial elections. "But there's no such thing."

For all this, the feisty, straight-talking governor is remarkably popular. Ahok, the former deputy governor, assumed the top role in 2014, when his predecessor Joko Widodo was elected president of Indonesia. His no-nonsense efficiency and tough stance on corruption struck a chord with voters, more than 95 per cent of whom are Muslim.

Ahok overhauled the stodgy bureaucracy, launched a smartphone app called Qlue which allowed Jakartans to report flood, crime, fire or waste, and worked on reducing floods and improving the city's lamentable public transport.

The polls suggest he will be hard to beat: Poltracking Indonesia put his popularity at 92.56 per cent and his electability at 40.77 per cent in September.

But just days before the official election campaign begins on October 26, Ahok is being investigated by police over claims he defamed a verse in the Koran.

Prior to the alleged blasphemy, some Islamic groups had urged voters not to re-elect Ahok, citing verse 51 from the fifth sura or chapter of the Koran, al-Ma'ida, which some interpret as prohibiting Muslims from living under the leadership of a non-Muslim. Others say the scripture should be understood in its context – a time of war – and not interpreted literally.

In recorded remarks to a group of fishermen that went viral, Ahok suggested that some Muslims were "deceived" by al-Ma'ida 51. The comments caused outrage. Ahok apologised and insisted he was not criticising the Koranic verse but those who used it to attack him.

But on Friday thousands of hardline Muslims took to the streets, calling on police to process the case. The maximum penalty for blasphemy in Indonesia is five years' jail.

"The investigation is still going on," Ari Dono Sukmanto, the head of the national police's Criminal Investigations Department, told Fairfax Media. "We are now transcribing from the video what was actually said, what actually happened."

Sukmanto said Ahok would be summoned for questioning: "Everybody is equal before the law and we will need his explanation over what has happened for clarification."

The two largest Islamic organisations in the country – Muhammadiyah and Nahdlatul Ulama (NU) – have stressed that they have no problem with a Muslim voting for a non-Muslim. Masdur Anwar, the deputy secretary of the Jakarta chapter of NU, does not believe Ahok set out to insult Islam.

"It is impossible that he deliberately did it because it would be suicidal for him," Anwar told Fairfax Media. "It was just a slip of the tongue. But I can understand those who think it was an insult. Perhaps it is an accumulated feeling [of resentment] about the way Ahok speaks. He is blunt and perhaps these folks couldn't stand it any more."

Anwar hopes police investigate the case quickly so the election campaign does not become sectarian.

An editorial in Tempo magazine says the Jakarta election will be a test of the maturity of the young democracy: "Just how far have people left behind primordial prejudices such as religion and race when they go to the polls next February?"

The gubernatorial election is a three-legged race. Ahok's opponents are Agus Harimurti, the son of former president Susilo Bambang Yudhoyono, and former education minister Anies Baswedan, who was dumped in the last cabinet reshuffle. Both were surprise candidates: Agus is a political novice who left behind a promising 16-year military career.

The stakes are high. "The position of governor can, as Ahok's predecessor Jokowi demonstrated, be a springboard for higher office at the national level," La Trobe University senior lecturer Dirk Tomsa writes. "Indeed, whoever wins in Jakarta next year might well be expected to find himself in the running for a presidential, or more likely, vice-presidential ticket in 2019." (with Karuni Rompies)

Source: http://www.smh.com.au/world/jakarta-governor-ahok-investigated-over-alleged-islam-insult-as-elections-loom-20161018-gs510o.html

Religious figures call for peace

Jakarta Post - October 17, 2016

Callistasia Anggun Wijaya, Jakarta – Religious figures have made a joint statement to call for peace and tolerance for the regional elections.

The statement was made following a mass demonstration against Jakarta Governor Basuki "Ahok" Tjahaja Purnama because of his statement on a verse from the Quran.

The Indonesian Communion of Churches (PGI) general secretary Gomar Gultom, who read the statement, said that the religious figures had been concerned by the antagonistic discourse from the public.

"This situation has potential to disturb the harmony among people of different religions. This could further disturb the state's unity," he said at the Center for Dialogue and Cooperation among Civilizations (CDCC) in Central Jakarta on Monday.

Therefore, religious figures from PGI, Inter-Religious Council (IRC), Indonesian Ulema Council (MUI), Indonesian Buddhists Association (Walubi), Confucian Supreme Council of Indonesia (Matakin), Indonesian Bishops Conference (KWI) and Indonesian Hindu Religious Councils (PHDI) urged the public to avoid violence and to uphold moral and religious values.

"We hope for peace and harmony. To achieve it, we should be ready to live together in peace without excluding other parties. Harmony will be built through tolerance and respect among the people," the IRC president Din Syamsudin said.

The leaders suggest that the government should mitigate conflict to prevent this from occurring again in the future and to implement the election properly according to the law. (bbn)

Source: http://www.thejakartapost.com/news/2016/10/17/religious-figures-call-for-peace.html

Anti-Ahok rally causes Rp 60 million in damage

Jakarta Post - October 17, 2016

Jakarta – A massive demonstration against Jakarta Governor Basuki "Ahok" Tjahaja Purnama on Friday cost the agency around Rp 60 million (US$4,620) to restore a pocket park in front of City Hall accidentally destroyed by demonstrators, an official has said.

Djafar Muchlisin, the Jakarta Parks and Cemeteries Agency head, announced on Saturday that a pocket park on the median strip of Jl. Medan Merdeka Selatan, Central Jakarta, had been damaged by demonstrators conducting rally in front of City Hall. However, he claimed that the demonstrators didn't intend to step on and damage plants on the median strip.

"It happened because roads in front of City Hall couldn't accommodate the large number of demonstrators," Djafar said as quoted by tribunnews.com. The agency restored the 300-square-meter park on Saturday.

The thousands of Muslims from various groups were protesting Ahok's comments about a Koranic verse and urged police to investigate the governor for alleged blasphemy. Ahok has made a public apology, saying he did not intend to defame the Quran.

Source: http://www.thejakartapost.com/news/2016/10/17/greater-jakarta-anti-ahok-rally-causes-rp-60m-damage.html

Smear campaigns intensify on social media

Jakarta Post - October 17, 2016

Safrin La Batu, Jakarta – As the Jakarta gubernatorial election draws near, social media has increasingly turned into a hotspot for smear campaigns with internet users posting a large amount of invalid information, including potentially offensive ethnic and religious sentiments.

Bandung mayor Ridwan Kamil recently complained on his Twitter account after somebody posted a picture of him with a falsely attributed quote that reads, "those who oppose Ahok because he is a [person of] Chinese [descent] are stupid individuals."

The picture, which carried the logo of Katakita, an account that often tweets information about the Jakarta election, is believed to have used Ridwan's name and image to support Jakarta Governor Basuki "Ahok" Tjahaja Purnama, who is often criticized because of his ethnic and religious background.

"I never posted this statement/meme. Whoever makes/distributes it, please stop it. Thank you," Ridwan said on Twitter. Ridwan has a lot of supporters both in Bandung and in Jakarta, including a number of Islamic groups.

Yenny Wahid, daughter of the late president Abdurrahman "Gus Dur" Wahid, had also fallen victim to a smear campaign. Her picture with a falsely attributed quote went viral recently. The quote read, "Only people with a dirty heart cannot see Ahok's kindness".

"Attention: I never said [what was] quoted in the picture," Yenny clarified on her official account.

Yose Rizal, director of social media pollster Politicawave, said the number of accounts spreading invalid information on social media, including those done by bots, were big.

He said, however, it was difficult to estimate the exact number because it is sometimes hard to say whether information is valid until there is official clarification, like in the cases of Ridwan and Yenny. "They increase every day," he told The Jakarta Post on Saturday.

The Jakarta Election Supervisory Agency (Bawaslu) had drafted a regulation to combat smear campaigns including the use of sectarian issues on social media. But the agency will likely fight a losing battle.

The agency has now required all candidates to register their social media accounts or the ones they will use in the election campaign so it can easily monitor all of the candidates' activities on social media.

Bawaslu commissioner Muhammad Jufri said the candidates found carrying out a black campaign could face criminal charges in addition to a penalty from Bawaslu, including disqualification from the race.

Law No. 10/2016 on regional elections stipulates that candidates running such a race could indeed be disqualified and face criminal charges from the police.

However, the agency, Jufri said, would not monitor accounts that were not registered with them. It will be the task of the police to follow up on reports about smear campaigns carried out by the unregistered accounts.

Source: http://www.thejakartapost.com/news/2016/10/17/smear-campaigns-intensify-social-media.html

More important matters in Jakarta election than religion: Komnas HAM

Jakarta Post - October 16, 2016

Jakarta – National Commission for Human Rights (Komnas HAM) called for the public and the media to focus on more important matters like transparency, flood mitigation and forced evictions, rather than talking about Jakarta Governor Basuki "Ahok" Tjahaja Purnama's allegedly blasphemous statement.

"It should not be prolonged because the governor has apologized and showed regret before the public," commissioner Muhammad Nurkhoiron said in a statement made available on Saturday.

"The Jakarta gubernatorial election should become a stage uniting differences in religion, race [and] ethnicity to allow for a healthy political contest," Nurkhoiron went on.

The Jakarta election has deteriorated into an ugly debate, with violent statements uttered by Islamists against Ahok after he cited a Quranic verse and urged voters not to be deterred from choosing a non-Muslim leader.

"Komnas HAM encourages the media to focus on the best ideas from the candidates to improve Jakarta. The media should show how the candidates will propose to build good governance, participatory development and the fulfillment of basic rights like health and education," the statement said.

"There are many more important issues than religion, like what is being debated right now," Nurkhoiron said. "We want everyone not to exploit religious issues too much. And we call for everyone not to use the blasphemy law, which is often used to criminalize people," Nurkhoiron said.

Source: http://www.thejakartapost.com/news/2016/10/16/more-important-matters-in-jakarta-election-than-religion-komnas-ham.html

Journalism & press freedom

Media owners' interference threat to press freedom

Jakarta Post - October 17, 2016

Arya Dipa, Jakarta – Press freedom in the country is in relatively good shape, however, the independence of media organizations is threatened by growing interference by certain groups in society as well as media owners, according to a study by the Press Council.

The Press Council also cited poor welfare of journalists as a serious threat to freedom of the press as it could lead media workers to tolerate bribery.

The study conducted in 2015 concluded that the country's press freedom index stood at 62.81, in the category of "relatively free".

In 2014, Reporters Without Borders, an international NGO that conducts research and supports freedom of the press, noted that Indonesia's press freedom index was ranked 138 out of 180 countries surveyed.

In the survey, Indonesia's position was below that of Singapore, which enforces the draconian Internal Security Act.

National research coordinator Antonio Pradjasto said the index difference was very possibly a result of different aspects. The study approached press freedom as an aspect of basic human rights.

"The state has the obligation to respect, protect and fulfill, which is divided into physical and political environments, economics and the legal field," said Antonio in a seminar on the Press Freedom Index at the Press Council building in Jakarta on Thursday afternoon.

The event was attended by 24 coordinators of local researchers representing 24 provinces where the research was conducted, national researchers and information experts.

Antonio said the views of the 303 information experts showed that aspects concerning freedom of association, establishing and operating media companies and freedom from criminalization and intimidation by the state against the media were considered good, similar to the development of citizen journalism, which is able to encourage the growth of democracy.

"However, issues concerning access by vulnerable groups to the media and government awards for press professionalism are still regarded as poor," said Antonio.

The researchers obtained data by interviewing information experts, and local researchers gathered secondary data. Assessment by the information experts was based on their respective perceptions of knowledge and facts related to freedom of the press in each province.

Of the 303 information experts, 81.8 percent were male. They had backgrounds such as lawyers, academics, journalists, general elections and broadcast and information commissioners, NGO staff and members of the police, military and civil service.

The highest score in the research was political freedom (63.51), followed by legal freedom (62.46) and economic freedom (61.12).

Antonio added that the quality of press freedom in Indonesia was overshadowed by problems of media independence from interest groups, intervention by media business owners in editorial decisions, as well as corporate management, including low levels of journalist welfare.

"Moreover, on the other hand, journalists' tolerance of bribery remains high and press ethics are still not strong. Media affiliation with political parties or election candidates could affect media professionalism. In 2015, the Press Council received hundreds of complaints, many of them about ethics violations or inaccuracy and imbalanced reporting," said Anton.

Indonesia Network for Investigative Journalism deputy director Ignatius Haryanto welcomed the Press Council's efforts in depicting the state of press freedom in Indonesia. "Although only 24 of the 34 provinces were involved," he said.

Source: http://www.thejakartapost.com/news/2016/10/17/media-owners-interference-threat-press-freedom.html

Environment & natural disasters

Activists howl at palm oil bill

Jakarta Post - October 17, 2016

Hans Nicholas Jong, Jakarta – With Indonesia facing land and forest fires every year that are mostly man-made disasters that have degraded the health of its citizens as well as that of its neighbors, the government has vowed to improve the sustainability of its agroforestry sector, particularly the palm oil industry.

The government plans to impose a moratorium on the issuance of new permits for oil palm plantations and to ban oil palm expansion through land clearing, one of the main causes of land and forest fires.

According to data from the Indonesian Forum for the Environment (Walhi), from 439 companies involved in the 2015 forest fires, 308 of them were palm oil companies.

But all of these plans may go out the window if the House of Representatives and the government approve the contentious palm oil bill, which critics say contains provisions that protect business at the expense of the environment.

"We appreciate the President's instruction to impose the moratorium, but this bill contradicts that moratorium because it regulates how to expand the palm oil industry," Walhi legal and research department head Zenzi Suhadi said recently.

The bill tries to mislead the public by saying that oil palm trees are native to Indonesia, even though these trees actually come from Africa, Zenzi said.

Zenzi alleges that the bill will justify the expansion of the palm oil industry by making this false claim. "[It] shows that the drafting process of the bill is loaded with bad intentions. What's the purpose of manipulating information [on the origin of palm oil] other than to force the bill through?" he said.

Walhi highlights other contentious articles that might have been specifically designed to protect the interests of business. Article 7 Item 2 of the bill, for example, says that palm oil businesses include those involved in land clearing, seeding, fertilization, water and peatland management, pest control, harvest and post-harvest.

Meanwhile, Article 9 says that palm oil businesses can be established in plantation areas that have not been planted with oil palm trees after acquiring land and plantation permits.

"[The companies] can protect themselves [from prosecution] by invoking the bill as it regulates a company's responsibilities, including in regards to land clearing. This bill contradicts at least four laws, which are laws on environmental protection, forestry, spatial planning and agrarian practices," Zenzi said.

By Walhi's estimate, if the House passes the bill, oil palm plantations may occupy more than 26 million hectares of land by 2025, up from the current figure of 15 million hectares.

Another contentious article is Article 30, which stipulates that the government must assist palm oil businesses by reducing income taxes, relaxing import excises and reducing land and building taxes.

"By contrast, the bill marginalizes and isolates local people. The articles are there to help companies while ensuring that people can't say no to companies who want their land. This bill also establishes its own definition of land rights and the rights of indigenous people."

The Indonesian Palm Oil Producers Association (GAPKI) has dismissed Zenzi's claim that the bill only promotes the expansion of the palm oil industry while discounting issues of sustainability.

"In the legislative process, all stakeholders are invited by the House to give their advice. So, the voices of businesspeople, farmers, the public and NGOs will be accommodated in the bill," the association's spokesman, Tofan Mahdi, said.

GAPKI argued that the bill was important to support the country's palm oil industry, a major part of Indonesia's economy. Indonesia is the world's largest producer of palm oil.

The country's palm oil industry is driven by global demand and investment by Malaysian and Singaporean companies, among others. In 2014, Indonesia supplied about 52 percent of the world's palm oil, which is used in a wide range of products from potato chips and cosmetics to cooking oil and toothpaste.

"The bill will become a milestone for the future of the palm oil industry in Indonesia," he said.

Tofan added that the bill, which is included in the House's 2016 National Legislation Program (Prolegnas), aimed to turn the palm oil industry into a strategic national commodity.

"This will become a basis of commitment for all stakeholders, including the government, to protect and maintain the palm oil industry."

Source: http://www.thejakartapost.com/news/2016/10/17/activists-howl-palm-oil-bill.html

Health & education

Nation lacks good quality hospitals

Jakarta Post - October 20, 2016

Moses Ompusunggu, Jakarta – The country is at risk of being unable to cater for the growing domestic demand for health care, as most of hospitals in the nation have yet to meet necessary service-quality requirements for patients.

Health Ministry data showed that there are only 308 hospitals or equal to 20.8 percent of total hospitals nationwide that have been accredited by the National Hospital Accreditation Committee (KARS) since 2012, which was when the accreditation measure was introduced to raise service quality.

The accreditation measures hospitals by more than 1,200 variables before they can be considered qualified. Many hospitals, mostly those controlled by the government, regard the process as convoluted, making them reluctant to apply for the accreditation, Deloitte risk advisory manager Zamzam N Djaelani says.

"State-run hospitals also struggle to properly file their documents required for the accreditation. They are not as good as private hospitals in terms of file management," Zamzam told The Jakarta Post on Wednesday.

A 2012 Health Ministry regulation stipulates that to ensure a hospital's quality it must be accredited by KARS. Hospitals are also encouraged to apply for the international accreditation standard overseen by Joint Commission International (JCI).

The Health and Social Security Agency (BPJS Kesehatan), which manages the National Health Insurance (JKN) program, also requires hospitals wanting to implement the insurance to have the national accreditation.

Analysts have estimated that the country's healthcare expenditure will rise rapidly as a result of a surging middle class, who demand quality health services, as well as JKN implementation nationwide.

Research firm Frost and Sullivan forecasts that the country's healthcare expenditure is slated to increase to 4.3 percent of gross domestic product (GDP), reaching US$50.8 billion in 2020, partly because of the growing middle class population who have increasing spending power to fulfill their healthcare needs.

Global Growth Markets (GGM) also estimates that the JKN, which was introduced in 2014 and is expected to cover all citizens by 2019, is the main catalyst of the expected rising demand for good health care.

GGM noted that, prior to JKN implementation, only 59 percent of the country's population was covered by health insurance. As the government requires all hospitals to serve JKN patients, there will be 89 million low-income people having their expenses covered by the national health insurance.

Indonesian Hospitals Association (Persi) chairman Kuntjoro Adi Purjanto said hospital accreditation was important, as the country's healthcare industry would improve only if hospitals were able to cater to citizens' expectations.

Kuntjoro added that several past hospital incidents, such as malpractice and the rampant use of counterfeit vaccines, had occurred because of the lack of awareness by hospitals of abiding by the accreditation system's values.

In June, the National Police uncovered the use of counterfeit vaccines in numerous hospitals in the Greater Jakarta area, creating shock waves across the nation especially among parents who learned that hospitals where they had their children vaccinated were on the list.

"Criteria stipulated in the accreditation are all about patient safety," Kuntjoro said. He said it was better for a hospital to take two or three years to make preparations before applying for accreditation, instead of hastily undertaking the process to establish their reputation.

Source: http://www.thejakartapost.com/news/2016/10/20/nation-lacks-good-quality-hospitals.html

Refugees & asylum seekers

Decision about Batam's refugees should follow human rights principles: UNHCR

Jakarta Post - October 16, 2016

Fadli, Batam – The United Nations High Commissioner for Refugees (UNHCR) says it will support whatever decision the Indonesian government takes concerning refugees and asylum seekers in Batam so long as the policy adheres to human rights principles.

The UNHCR, however, will ask the government to thoroughly consider if they want to place refugees on a single island, as proposed by the Batam administration.

UNHCR senior protection officer Jeffrey Savage told The Jakarta Post in Batam on Friday that he had heard of the idea to move the refugees to an island outside Batam.

"There are suggestions to put the refugees on one island. But the UNHCR asks that the idea be studied more carefully. It could create a lot of problems and conflict. First of all, they are from 48 different nationalities," Savage said after meeting with local government officials in Batam to discuss the issue of refugees.

The Batam administration sent a letter to Jakarta asking the central government to remove refugees from Batam, saying that their presence had created problems such as making public parks in Batam look dirty.

Batam spokesperson Ardiwinata said on Friday that Mayor Muhammad Rudi had suggested placing all the refugees on a single island outside Batam.

"We have a success story with Galang Island, where we dealt with Vietnamese refugees. We still have the facilities they used there," he said.

Ardi said placing the refugees on one island would make it easier for the administration to supervise them. The proposal would also, according to Ardi, "maintain Batam's local wisdom". "We have hundreds of islands here and some are not inhabited," he went on to say. (evi)

Source: http://www.thejakartapost.com/news/2016/10/16/decision-about-batams-refugees-should-follow-human-rights-principles-unhcr.html

Graft & corruption

AGO vows to combat corruption in its ranks

Jakarta Post - October 22, 2016

Marguerite Afra Sapiie, Jakarta – Attorney General HM Prasetyo has vowed to combat corruption in the institution, promising to maximize internal oversight to catch officials who commit such practices.

The Attorney General's Office (AGO), which is part of the government-initiated Tim Saber Pungli (Illegal Levies Eradication Team), had deployed its intelligence team to conduct oversight and gather reports on officials from all levels of the AGO, Prasetyo said.

"If such illegal practices are found, I will immediately take action. I will not protect anyone within the AGO who commits such harmful practices, abusing his power and authority," he said on Friday in Jakarta.

Corruption within the AGO, Prasetyo explained, was different to that at other public service agencies, because it was related to law enforcement on criminal cases, where prosecutors were prone to bribery.

The AGO would also strengthen cooperation with related stakeholders, including the Administrative and Bureaucratic Reform Ministry, to monitor hearings at courts and prosecutor's offices at local levels in order to strengthen oversight mechanisms, he said.

Prasetyo further called on citizens to support efforts to eradicate bribery and illegal levies by not providing extra "fees" for state officials, highlighting that members of the public were key to realizing an accountable and equitable justice system.

The government formed the Saber Pungli taskforce to gather reports from the public on corruption and to take action to eradicate it, including conducting raids. (ags)

Source: http://www.thejakartapost.com/news/2016/10/22/ago-vows-to-combat-corruption-in-its-ranks.html

Government forms task force to curb illegal levies

Jakarta Post - October 21, 2016

Ayomi Amindoni, Jakarta – The government has formed a task force to curb illegal levies under the lead of Coordinating Political, Legal and Security Affairs Minister Wiranto and overseen by President Joko "Jokowi" Widodo on Friday.

Cabinet Secretary Pramono Anung said the President had just signed Presidential Regulation (Perpres) No. 87/2016 on the task force called Saber Pungli (Eradication of Illegal Levies).

"It's a strong message from the President that the task force is not just chasing illegal levies outside the institutions, but also inside. The task force involves the National Police, Attorney General's Office and Home Ministry," Pramono said.

Coordinating Political, Legal and Security Affairs Minister Wiranto added that following the establishment of the task force, the government would also form illegal levy eradication units in the ministries, institutions and regions.

He also said the task force would involve the public by encouraging them to report illegal levy practices through the website saberpungli.id, as well as via text message to 1193 or call center at 193.

The eradication of illegal levies is one of five priorities in law reform, apart from the eradication of smuggling, acceleration of driver's license services, prison relocation and improvement in patent and design services

"We take the eradication of illegal levies very seriously and enthusiastically, and the public is also giving its full support to curb illegal levies," he said. (evi)

Source: http://www.thejakartapost.com/news/2016/10/21/govt-forms-task-force-to-curb-illegal-levies.html

Jokowi's withering graft fight

Jakarta Post - October 21, 2016

Haeril Halim, Jakarta – After a turbulent first year that saw conflict among law enforcement institutions, President Joko "Jokowi" Widodo's administration put the brakes on corruption eradication in his second year, chasing only after minor cases.

Hundreds of cases have been left in limbo at the National Police, the Attorney General's Office (AGO) and the Corruption Eradication Commission (KPK).

Once a combative body, the KPK now also appears toothless in its investigation capacity as it only appears to focus on sting operations on low-ranking officials, such as court clerks, lowly Supreme Court (MA) officials, local lawmakers, district judges and prosecutors, for accepting relatively minor bribes.

In terms of quantity, current KPK leaders are applauded for conducting a total of 14 arrests since January. The arrests involved bribes of small amounts and the officials involved are not of high profile.

Recently ousted Regional Representatives Council (DPD) chief Irman Gusman, who allegedly accepted a Rp 100 million (US$7,688) bribe, is the only high profile figure netted from recent KPK investigations.

"[President Jokowi's] Cabinet choices tell us that he bows down to politics, leaving the law enforcement agenda behind political and economic priorities. A strong political and economic system has its foundations in good law enforcement, but Jokowi has it the other way around," said Gadjah Mada University Corruption Studies Center (PUKAT) director Zainal Arifin.

Conflict between the KPK and police erupted earlier last year when the antigraft body named then National Police chief candidate Budi Gunawan, a confidant of Indonesian Democratic Party (PDI-P) matron Megawati Soekarnoputri, a suspect in a bribery case.

The graft charges, which were later dropped, led to the detention of former KPK commissioners, and brought a crisis among law enforcement institutions.

Jokowi later managed to bring back harmony among the two institutions and mend ties with Budi and the PDI-P. Budi is now the chief of the State Intelligence Agency (BIN). In a bid to conduct major reform within the police, the President made another breakthrough by elevating rising police star Tito Karnavian as the youngest National Police chief.

Tito is currently on a reform mission as he has recently implemented a nationwide operation to combat the practice of illegal levies, including within his own institution. Despite the bold move, the Jokowi administration cannot boast much about achievement.

The Indonesia Corruption Watch (ICW) recorded in the first half of this year that the three law enforcement institutions only managed to begin investigations into 210 cases, lower than that of last year when 308 new cases were investigated. In addition to the notoriety, graft convicts during the second year of Jokowi's presidency, also received shorter sentences, with ICW revealing that in the first half of this year the average verdict handed down to convicts was two years and one month. The country's graft fight came to notoriety when the KPK sentenced former NasDem Party secretary-general Rio Capella to one-and-a-half years after being convicted of accepting Rp 200 million in bribes.

Saldi Isra, a law professor from Andalas University said the current KPK officials appeared reluctant to investigate big cases because they feared that they would not receive any backing from Jokowi should they receive retaliation by the police for investigating big cases involving high profiles figures, including the police's top brass.

"Current commissioners appear to be traumatized by the previous conflict in 2015. It has made them more apprehensive," Saldi said.

KPK commissioner La Ode Muhammad Syarief acknowledged that the agency had not been productive this year. "We have only around 160 investigators and prosecutors while at the same time we investigate 70 to 90 cases every year. We have also have several cases from 2015 that are still unfinished," La Ode said.

Source: http://www.thejakartapost.com/news/2016/10/21/jokowi-s-withering-graft-fight.html

Support grows for fight against illegal levies

Jakarta Post - October 21, 2016

Margareth S. Aritonang, Ina Parlina and Lita Aruperes, Jakarta/Manado – Despite President Joko "Jokowi" Widodo's call for an end to illegal levies in the public service, state officials in the regions appear to be indifferent, with the decades-long practice continuing.

The latest example occurred on Thursday, when the North Sulawesi Police arrested a person over illegal levies in a sting. The suspect, identified only as M, allegedly asked for money from locals in exchange for his help to disburse social aid funds.

A member of the National Committee for Political Survivors of ex-East Timor (Kokpit), M is accused of charging each family Rp 1.5 million (US$115.5) to speed up the disbursement of Rp 10 million in compensation for the loss of their belongings when joining Indonesia.

M was allegedly caught red-handed accepting money from a woman who had just received compensation from a local bank on Thursday.

There are around 400 former East Timor (now Timor Leste) citizens residing in Manado. North Sulawesi Police spokesperson Sr. Comr. Marjuki says the institution is investigating the case further, including to determine how much money M is alleged to have accepted from locals.

The case in Manado has added to the long list of cases revolving around illegal levies in the country. Earlier in the week, South Sumatra Police chief Insp. Gen. Djoko Prastowo, in plain clothes at the time, was allegedly asked for payment by his subordinate during an undercover operation. An on-duty police officer reportedly asked Djoko, who committed a traffic light violation, for money in return for letting him off.

The officer is among 85 police personnel arrested for the same violation in the last three weeks. The National Police recorded 69 cases of legal levies involving 85 officers from Oct. 1 to 16.

National Police spokesperson Sr. Comr. Martinus Sitompul said collecting fees from traffic violators was among ways police officers earned illegal levies. "They also earn money from arranging driver's licenses," he said.

President Jokowi has called for the eradication of the corrupt practice. National Police chief Gen. Tito Karnavian has repeatedly warned that he would not hesitate to dismiss officers found guilty of accepting levies.

Jokowi has also extended his instruction to all leaders across the archipelago. In a move aimed at ensuring local administrations take serious action in rooting out illegal levies in their respective areas, Jokowi gathered all governors on Thursday in a meeting at the State Palace, where he instructed them to take part in the cause.

Jokowi claims to have received thousands of complaints from the public over illegal levies. "Illegal levies have been here for years. We consider it normal. We are permissive of illegal levies," Jokowi told the governors.

A number of governors vowed that they would fully support Jokowi's efforts, with North Sumatra's Tengku Erry Nuradi, Riau Islands' Nurdin Basirun and Banten's Rano Karno saying that their administrations had always tried to fight illegal levies. The three provinces are among areas with major seaports prone to illegal levies.

Tengku said an integrated system was essential as many public service offices involved various stakeholders.

Coordinating Political, Legal and Security Affairs Minister Wiranto is set to launch a special task force to lead the campaign, which will involve the National Police and the Attorney General's Office on Friday, said Cabinet Secretary Pramono Anung.

Source: http://www.thejakartapost.com/news/2016/10/21/support-grows-fight-against-illegal-levies.html

Most antigraft judge applicants unqualified, mediocre: Watchdogs

Jakarta Post - October 15, 2016

Jakarta – The Supreme Court must be cautious in selecting the next ad hoc judges for corruption courts, as most applicants were mediocre or unqualified, antigraft watchdogs said.

Indonesian Corruption Watch (ICW) researcher Aradila Caesar said recently the team recommended three candidates to the court, out of 62 evaluated. There are 23 more candidates that the team has not yet evaluated.

"Only three of them are qualified to be judges for a corruption court. They are from Padang, Medan and Jakarta," he said, adding that the other 49 candidates were ineligible and 10 were mediocre.

The evaluations are based on the candidates' integrity, independence and competence, all of which have sub-indicators.

Aradilla said that integrity meant the candidates have never been defense lawyers for graft convicts, while competence refers to the requirement of at least 15 years of experience in a relevant field. Independence requires candidates to not have affiliated with any political party in the last 10 years.

"However, some of the candidates have been affiliated [with political parties] defending graft convicts and are not proficient in handling corruption cases," Aradilla said without naming names.

Some of the candidates are known to be party-affiliated, including a former councilor in Padang and a legislative candidate in Banten. "We do not recommend party-affiliated candidates because they are likely to take sides when handling corruption cases," Aradilla said.

University of Indonesia's Judicial Watch Society (MAPPI) researcher Muhammad Rizaldi said the applicants also come from various backgrounds, some of which are irrelevant to the judge position. Most of them are legal advocates, the fittest candidates for the job, while there are 14 former judges, eight civil servants, six secretary judges, five private employees and four Army retirees.

"There are bank officers and employees of state-owned companies like PT Pos Indonesia," he said, adding that some were officers of human resources and marketing departments.

Rizaldi said certain backgrounds indicate that candidates are not experts and only seek the opportunity to be a judge. "We have asked the court only to accept the candidates for the vital jobs, only because of a lack of human resources," he said.

The Supreme Court's selection team, chaired by Justice Artidjo Alkostar, had selected 85 applicants from a pool of 160 who underwent assessment tests and interviews on Wednesday. The court did not set a specific target on how many judges it would accept. Last year, it accepted 11 judges for the corruption court.

Rizaldi said the court had to more carefully sort out the candidates as in the past four years, seven corruption court judges have been caught red-handed by the Corruption Eradication Commission (KPK).

Some of the judges caught include Kartini Marpaung and Pragsono from the Semarang Corruption Court, Heru Subandono from the Pontianak Corruption Court, Ramlan Comel from the Bandung Corruption Court and, most recently, Janner Purba, head of the Bengkulu Corruption Court.

However, the guilty judges were only sentenced for relatively short periods of no more than three years.

Judicial Commission deputy chairwoman Sukma Violetta said the Supreme Court had to revise the selection tests to get the most qualified candidates. "Aside from multiple choice questions and essays, [the court] also needs to give decision making tests to the candidates," she said.

KPK deputy chairman Saut Situmorang said the court has to increase its internal supervision of the candidates to prevent possible wrongdoings at corruption courts. "A judge with integrity could also corrupt because of weak internal supervision," he said on Saturday as quoted by kompas.com. (adt)

Source: http://www.thejakartapost.com/news/2016/10/15/most-antigraft-judge-applicants-unqualified-mediocre-watchdogs.html

Terrorism & religious extremism

House agrees to expand military role in terror fight

Jakarta Post - October 21, 2016

Nurul Fitri Ramadhani, Jakarta – After months of debate over a plan to strengthen military involvement in counterterrorism measures, the House of Representatives on Thursday approved six conditions under which soldiers could step in and arrest assailants.

The new role, which will be included in the Terrorism Law revision, will go beyond what is mandated in the Indonesian Military (TNI) Law, which only allows soldiers to assist terrorism operations under the command of the National Police.

If the proposal goes to the plenary session for passage in the next sitting session next month, the TNI will be allowed to launch their own operations in terrorism attacks involving the president, vice president and their families; Indonesian citizens abroad; Indonesian Embassies; Indonesian ships and airplanes and foreign ships and airplanes in the country's territory. It will also allow the military to step in if a terrorist act extends beyond the country's territory but threatens national sovereignty and security.

Arguing that terrorism is an extraordinary crime, the House's special committee for deliberation of the Terrorism Law revision said the right to arrest was only allowed under the special conditions.

Other than that, all counterterrorism measures are in the hands of the police or joint task forces consisting of the two institutions. "Terrorism is also a matter of sovereignty. [Both institutions] should share the responsibility," committee chairman Muhammad Syafi'i said on Thursday.

"However, we agree to maintain a law enforcement approach and won't let it become a military approach. The TNI may have the authority to arrest suspected terrorists, but then they must hand them over to the police." added the Gerindra Party politician.

The provision will be put as an addendum to article 43 that says policies and national strategy on combating terrorism are implemented by the National Police, the TNI and related agencies which will be coordinated by a non-ministerial government institution that conducts antiterrorism activities.

The House and government have been working on a revision of the Terrorism Law that aims to empower counterterrorism measures in the wake of attacks by assailants affiliated with the militant Islamic State movement.

In Operation Tinombala in Poso, Central Sulawesi, the military has helped the police catch and kill the country's most wanted terrorist Santoso and dispersed his network, the East Indonesia Mujahidin (MIT).

Despite meeting resistance in previous deliberations of the Terrorism Law, the operation's success has swayed the House to favor a strong military role in counterterrorism initiatives.

Another major proposal in the bill is to assign the National Counterterrorism Agency (BNPT) to handle and coordinate all institutions, including the TNI and police in the operations, from preventive measures, operations and rehabilitation.

The deliberation of the terrorism bill has gone through heavy debate about the power struggle between the country's security and defense bodies, which are competing with each other to be given more power in antiterrorism efforts.

"Terrorism nowadays is developing, they [terrorists] establish and manage military-based organizations. They are doing military exercises. To face such a situation, we can't avoid the military option," TNI Defense Power director general Mayor Gen. Bambang Hartawan said.

Human rights group Imparsial objected to the military being given an official counterterrorism role, saying that there should not be any space for military involvement in the terrorism bill. More involvement will threaten human rights as the TNI often acts in a repressive way, Imparsial director Al-Araf said.

"Military involvement in countering terrorism could be a serious threat to the country's democracy. It should be in the hands of law enforcers only. The TNI can be involved only when its assistance is requested," Al-Araf said.

Al-Araf said the TNI providing assistance in counterterrorism operations was already stipulated in the TNI Law and thus there was no need to include it in the terrorism bill.

After repeatedly scrutinizing the bill, rights groups have deemed several other articles of the bill to be overly repressive. Article 28 increases the detention period of suspected terrorists to 30 days from the current seven days, which some are worried could lead to protracted abuses of power.

Source: http://www.thejakartapost.com/news/2016/10/21/house-agrees-expand-military-role-terror-fight.html

Freedom of religion & worship

Ex-Gafatar members demand equal treatment from govt

Jakarta Post - October 20, 2016

Ganug Nugroho Adi, Surakarta – Former members of the Fajar Nusantara Movement (Gafatar) have long ceased association with the organization outlawed by the government, however, they are still finding it difficult to obtain official documents that should be of no problem for citizens of the country.

They demand the government take measures to prevent discrimination against them and be treated equally as other citizens.

"We want the government to fulfill its promise in upholding our treatment as equal citizens without discrimination," former Gafatar member Harmanto, 43, said at a recent press conference.

Hundreds of former Gafatar members in Surakarta, Central Java, after dumping the organization went on to establish the Independent Farmers Victims of Eviction Communication Forum (FKKP2M).

However, the local administration, including neighborhood/community units (RT/RW) have been reluctant to assist them with obtaining official documentation.

Harmanto emphasized that the administrative process at the neighborhood, subdistrict and district level was being made more complicated for ex-Gafatar members when applying for residential documents.

A number of former Gafatar members were also forced to go to different office units when obtaining an identity card.

The Home Ministry in November 2012 issued a letter banning Gafatar after learning that several people who were reported missing by their family members had in fact joined the organization.

The organization recruited members and brought them to areas in West Kalimantan. They chosed to move to West Kalimantan because the province would be made the capital city of their new state.

Meanwhile, Badrus Zaman, the lawayer for ex-Gafatar members, urged Central Java Governor Ganjar Pranowo to quickly resolve the issues experienced by former Gafatar members. According to him, in accordance with Article 28 of the 1945 Constitution, the government must protect, promote and fulfill the human rights of its citizens.

Badrus added that the constitution also asserted that each person was entitled to worship his or her chosen religion, having a profession, citizenship, a home, and the right to leave and return to the country.

"Every citizen has the right to be protected, including his or her family, and given the honor and dignity, including former members of Gafatar, without exception," he said.

Badrus added that he, through the Surakarta chapter of the Indonesian Advocates Association (Peradi) provided legal aid to dozens of former Gafatar members living in Surakarta. The legal assistance given involved property rights and official documentation, such as ownership certificates and identity cards.

"The former Gafatar members demand certainty from the government regarding their futures. The Gafatar movement has been disbanded and all its members have been forcibly returned to their places of origin. Returned they have, but to this day their fates still have not been properly taken care of," said Badrus.

During their stay in Kalimantan, he went on, the former Gafatar members were surviving off their own funds. Most of them even had to sell property to live and work there.

"In Kalimantan, they bought land from the local community. They then became engaged in farming, but before they were able to harvest, they were forcibly relocated by the government," said Badrus.

Badrus also said many assets owned by the former Gafatar members from Surakarta were left behind in Kalimantan, including at least 120 motorcycles, four cars and hundreds of hectares of land.

Source: http://www.thejakartapost.com/news/2016/10/20/ex-gafatar-members-demand-equal-treatment-govt.html

Ex-Gafatar members complain of discrimination in Surakarta

Jakarta Post - October 18, 2016

Ganug Nugroho Adi, Jakarta – Hundreds of former members of controversial group Fajar Nusantara Movement (Gafatar) in Surakarta, Central Java, has demanded the government stop the discrimination against them.

"We want the government to fulfill its promise. It said we will be regarded as equals with other citizens and not be discriminated against. But we are encountering difficulties in administration processes in our neighborhoods," Harmanto, 43, a former Gafatar member said Monday in a press conference.

He said former Gafatar members – labelled by religious authorities as "deviant" – found it hard, for example, to acquire letters of domicile from their respective neighborhood, community, subdistrict and district heads. Some other members claimed they were being ping-ponged around when making an ID card.

The former Gafatar members formed a new group called the Communication Forum of Evicted Independent Farmers. The forum's lawyer, Badrus Zaman, urged Central Java Governor Ganjar Pranowo to settle these problems. He cited the Constitution, in which Article 28(I) stipulates that the government is obliged to protect, improve and fulfill the citizens' human rights.

"Everyone is entitled to protection for themselves, their family, their honor and their property. This includes former Gafatar members, no exception," Badrus said.

He said his clients were forced to leave Kalimantan, where they had started working on agriculture. They bought the land from locals, but were evicted before they could harvest.

"They left at least 120 motorcycles, four cars, and hundreds of hectares of land belonging to members originally from Surakarta," Badrus went on. "Now that they are here, they cannot even get an ID card." (evi)

Source: http://www.thejakartapost.com/news/2016/10/18/ex-gafatar-members-complain-of-discrimination-in-surakarta.html

Poverty & social inequity

Jokowi's Java-centric development widening wealth gap: INDEF

Jakarta Post - October 21, 2016

Liza Yosephine, Jakarta – The administration of President Joko "Jokowi" Widodo and Vice President Jusuf Kalla has statistically managed to reduce the country's poverty rate since entering office, but at the same time it has created a greater depth of poverty, an economist has said.

Institute for Development of Economics and Finance (INDEF) economist Bhima Yudhistira Adhinegara said the nation had seen a decline in its poverty rate as stated by the Central Statistics Agency's (BPS) latest report.

The poverty rate dropped to 10.8 percent of the population in March, its lowest rate in 20 years, he said, quoting the BPS figures.

Indonesia's Gini coefficient, a measure of inequality where zero represents complete equality and one significant inequality, fell to 0.39 in March from 0.40 in the same period last year.

"If we talk about poverty, on aggregate, there has been a decline [in the poverty rate]. The inequality has also declined. However, the gap has widened in regard to the poverty depth index," Bhima told The Jakarta Post on Friday.

He said the greater depth of poverty recorded in the latest BPS report possibly resulted from the Java-centric development orientation adopted by Jokowi's administration.

"One of its major causes could be a fact that Indonesia's development is concentrated in Java while eastern parts of the country lag behind," the researcher said. The country's easternmost region Papua is among the areas with the highest poverty rates.

Citing BPS data for this year's second quarter, Bhima said almost 60 percent of development projects and 52 percent of investment were focused on the country's most populous island. (ebf)

Source: http://www.thejakartapost.com/news/2016/10/21/jokowis-java-centric-development-widening-wealth-gap-indef.html

Agriculture & food security

Farmland decreasing by 43 ha per year

Jakarta Post - October 22, 2016

Klaten – Farming land in Klaten, Central Java, is decreasing by 43 hectares on average per year as a result of increased property development, such as residential and commercial areas in the regency.

Klaten Regional Development Planning Office economic planning head Wahyu Haryadi said the decreasing amount of farmland was unavoidable as the regency worked to boost the investment climate.

He said he was confident that the decreasing farmland would not affect rice production in the regency, particularly with the use of a rice intensification system, which can reportedly produce 10 tons of rice per hectare. "There will be no decrease in rice production," Wahyu said on Friday.

Local agriculture office data shows farmland in Klaten totals around 33,100 hectares including nearly 32,450 hectares of conserved farmland, meaning the area will be maintained for agricultural purposes.

Meanwhile, around 1,000 hectares of agricultural land can be converted for commercial purposes such as property or industry.

Source: http://www.thejakartapost.com/news/2016/10/22/island-focus-farmland-decreasing-43-ha-year.html

Activists up the ante against reclamation

Jakarta Post - October 22, 2016

Corry Elyda, Jakarta – In a last-ditch effort to halt the controversial Jakarta Bay reclamation project, fishermen and environmentalists said they would press charges against those involved in the project.

The statement came after the Jakarta State Administrative High Court (PTTUN) ruled on Thursday in favor of the city administration, overturning a lower court's ruling that had ordered the administration to halt the construction of islet G.

Marthin Hadiwinata of the Indonesian Traditional Fishermen Union (KNTI) said during a press conference on Friday that the fishermen and activists, grouped under the Coalition for Saving Jakarta Bay, would report those involved in the project, specifically in the construction of three islets – C, D and G – to the Jakarta Police.

Islet C and D belong to PT Kapuk Naga Indah (KNI), a subsidiary of developer Agung Sedayu Group, while islet G is constructed by PT Muara Wisesa Samudra (MWS), a subsidiary of Agung Podomoro Land (APLN).

The coalition has accused the developers, the authorities that issue the permits, environmental compliance inspectors and contractors of damaging the environment. "The project has ruined the environment and harmed the livelihood of fishermen," Marthin said.

The activists argued that the Environment and Forestry Ministry had evidence that the project harmed the environment, which was used as pretext for its decision to halt the project.

A study by the Research Center for Marine and Fisheries Socio-Economics estimates that at least four types of losses would occur because of the reclamation project.

The study shows that for every hectare of reclaimed seabed, fishermen would lose Rp 26.89 million (US$2,068) annually, which would total Rp 13.44 billion annually if the total reclamation area amounted to 500 hectares. Meanwhile, the cost of losing the ability to harvest green mussels would amount to about Rp 85 million per annum.

Furthermore, the value of every 1 ha of fish pond lost to reclamation would be about Rp 27.9 million per year, while the cost of relocation and regenerating mangrove ecosystems would be about Rp 28 million per month for at least 10 years, totaling Rp 3.36 billion.

"We can charge them under Article 86 of the Fishery Law," Marthin said. The article stipulates that anyone who intentionally conducts activities in a fishing area that causes pollution or damage to fisheries could face up to 10 years' imprisonment and Rp.2 billion (US$152,000) in fines.

Marthin said those involved in the project could be charged under Article 69 of the Spatial Planning Law. According to the article, those who do not comply with a spatial plan could face three years' imprisonment and Rp 500 million in fines.

Other than pressing for criminal charges, the fishermen and activists also plan to file a separate lawsuit against the city administration on allegations of damaging the environment and maladministration.

The latest administrative court ruling has cleared some of the legal hurdles for the city administration to go on with the reclamation project, which was backed by the central government.

The City Council has also decided to resume deliberations over a draft bylaw on zoning and spatial planning of coastal areas and small islets, the legal basis of the project.

The council suspended deliberations after the Corruption Eradication Commission (KPK) arrested a councillor and a businessman in connection to the draft bylaw's deliberations.

The reclamation project of 17 artificial islets in Jakarta's northern coast, initiated in 1995, has been stalled for a long time. Then governor Fauzi Bowo issued permits for islets C, D and E, while Ahok issued permits for islets G,F, I, K and H.

Jakarta Legal Bureau legal aid head Haratua Purba said filing a lawsuit was the right of every citizen. "It is their right, so we will wait for the case to proceed," he said, adding that his department would follow all procedures.

APLN corporate secretary Justini Omas said she did not want to comment on the lawsuit, saying that her company would comply with all decisions made by the government. "The point is that we will comply with all policies set for us," she said.

Source: http://www.thejakartapost.com/news/2016/10/22/activists-up-the-ante-against-reclamation.html

Government to ease land clearance for investors

Jakarta Post - October 22, 2016

Farida Susanty, Jakarta – Faced with the obligation to meet its mid-term targets amid a cut in funding, the government has given guarantees that investors interested in financing infrastructure development projects would be given some leeway in conducting their businesses.

Agrarian and Spatial Planning Minister Sofyan Djalil said the government expected that existing and future land policies would make it easy for investors to procure land for infrastructure projects.

Sofyan said the implementation of Law No. 2/2012 on land procurement for public interest, which obliges land owners to surrender their land to the government after they receive payment, could solve the land clearance problems that usually dog infrastructure development.

"With the law, there should not be any problem anymore. The land procurement for a toll road from Jakarta to Surabaya, East Java, will finish on time," he said on Friday, referring to sections of the extensive transJava project slated for completion in 2018.

The government earlier issued Presidential Regulation (PP) No. 148/2015, also on land procurement for public interest, which allows for a quicker dissemination of information about land procurement to the public and contains protocols for dealing with objections to land purchase proposals.

The regulation stipulates that the relevant authorities must deal with an objection within three days, down from the 14 days set out in a 2012 presidential regulation.

Sofyan also said that his ministry would set up a task force to crack down on groups and individuals he identified as "land mafia" who wanted to profit from land clearance projects. The task force would also find ways to deal with expired and fraudulent land certificates.

"This land procurement issue has really compromised legal certainty and the economy. We know that legal certainty is important for ease of investment," he said.

Sofyan said the government was preparing a presidential regulation on bridging funds, through which toll road operators would procure land up front and be paid back by the government later, to expedite construction and provide more certainty for investors.

Bridging funds were a breakthrough introduced by the Public Works and Public Housing Ministry earlier this year, after finding that it had spent its whole land procurement budget of Rp 1.4 trillion (US$107.2 million) even as the construction of many toll roads was still underway.

The government allocated Rp 16 trillion for National Asset Management Agency (LMAN) in the revised 2016 state budget for the agency to procure land for infrastructure projects and pay back toll road operators. So far, the operators have paid up to Rp 4.4 trillion, with the total commitment for land procurement reaching Rp 31.5 trillion.

Indonesia Toll Road Authority (BPJT) head Herry Trisaputra Zuna acknowledged that the sluggish pace of land procurement had contributed to the government's failure to reach the target of building 136 kilometers of toll roads this year. Last year, the government completed 132 km.

"We have just finished 44 kilometers so far, but we have the construction of 1,300 kilometers of toll road going on right now," he said.

Meanwhile, National Development Planning Board (Bappenas) head Bambang Brodjonegoro said the government planned to divert more pension funds to pay for infrastructure development, as it could contribute to more equity for toll road operators.

"Usually pension funds are targeted for the banking sector, but with the low interest rates at the moment, they need to find alternative yields. The investment for the real sector is very promising, like the trans-Java [project]," he said.

President Joko "Jokowi" Widodo's administration has named infrastructure development as one of its priority programs.

The quality of Indonesia's infrastructure still lags behind that of many other countries, according to a ranking by the World Economic Forum. The country's railway infrastructure is ranked in 43rd place, ports in 82nd and airports in 66th.

By 2019, the government has planned to build a total of 1,000 km of new toll roads, 49 new dams and 5,000 km of railway, among other things.

However, based on Bappenas data, infrastructure development in the country until 2019 will require Rp 4.7 quadrillion, while the government budget would only cover about 40 percent of the total funding.

University of Indonesia economist Fithra Faisal said law enforcement was crucial to ensure the ease of investment. "Sometimes the government does not commit to its own regulations, or just creates new regulations," he said, adding that even with the deregulation effort, investors continued to be in "wait and see" mode.

Source: http://www.thejakartapost.com/news/2016/10/22/govt-to-ease-land-clearance-for-investors.html

Only fraction of land certified, minister says

Jakarta Post - October 21, 2016

Ayomi Amindoni, Jakarta – During the two years of President Joko "Jokowi" Widodo's administration, the government has managed to certify only 660,000 out of a targeted 9 million hectares of land as set out in the 2015-2019 National Mid-Term Development Plan (RPJMN).

Agrarian and Spatial Planning Minister Sofyan Djalil said the government would speed up the process to certify at least 5 million ha by 2017.

"Next year, the certification process would hopefully cover 5 million ha of land, which will later increase to 7 million in 2018 and 9 million ha in 2019. Then, we expect to process 10 million ha of land annually in the following years. Hopefully, all land in Indonesia will be registered and certified by 2025," Sofyan said in Jakarta on Friday.

He said his ministry would also encourage licensed private surveyors to accelerate land certification. Currently, only about 1,000 surveyors were active in the field, he added. It is predicted the government would need 2,500 to 3,000 additional licensed private surveyors next year, the minister said. (ebf)

Source: http://www.thejakartapost.com/news/2016/10/21/only-fraction-of-land-certified-minister-says.html

Second legal warning over land ownership ban sent to Yogyakarta governor

Jakarta Post - October 21, 2016

Bambang Muryanto, Yogyakarta – Yogyakarta resident Z. Siput Lokasari, who is of Chinese descent, has sent another legal warning letter to Yogyakarta governor Sri Sultan Hamengku Buwono X, asking him to immediately revoke a decree prohibiting non-native Indonesian citizens from owning land in the province.

"I'm surprised and concerned to see that the Yogyakarta governor has continued to ignore and refused to obey the recommendations of the National Commission on Human Rights [Komnas HAM]. By ignoring them, he allows the confiscation of property belonging to Indonesian minorities to happen," said Siput after he filed his second letter with the Yogyakarta governor's office at the Kepatihan building, on Thursday.

He referred to a recent Komnas HAM recommendation that ordered the revocation of Yogyakarta Deputy Governor Instruction Letter No. K898/I/A/1975, which denies land ownership rights to all non-native Indonesian citizens in Yogyakarta.

Siput sent a second legal warning letter after Sri Sultan did not respond to his first letter within 30 days of the letter being accepted on Sept.14.

Komnas HAM issued two recommendation letters, one in August 2014 and one in August 2015, both of which asked the Yogyakarta governor to revoke the 1975 instruction letter.

"It's not fair because with this policy, all land bought by people of Chinese descent in Yogyakarta is given the legal status of state land under the right-to-build [HGB] license. This means they have to rent the land, which actually belongs to them, from the state. The even worse thing is that once the HGB license expires, the land's legal status is changed into the property of the Yogyakarta Palace," said Siput. (ebf)

Source: http://www.thejakartapost.com/news/2016/10/21/second-legal-warning-over-land-ownership-ban-sent-to-yogyakarta-governor.html

Tangerang to evict thousands of families

Jakarta Post - October 15, 2016

Jakarta – The Tangerang administration will demolish thousands of houses to make way for the construction of three runways at Soekarno-Hatta International Airport.

"Based on data, there are 2,459 plots of land set to be cleared," said Himsar, head of Tangerang regency's National Land Agency, as quoted by wartakotalive.com on Friday.

He said the evictions would affect three villages: Bojong Renged, Rawa Burung and Rawa Rengas. In total, the administration would clear 134 hectares, he added.

Himsar claimed that the authorities had disseminated its acceleration plan to soon-to-be evicted residents, as well as gathering data on their properties.

"The data will be given to the appraisal team to determine the properties' value. Then, we will make payments," Himsar said.

Source: http://www.thejakartapost.com/news/2016/10/15/greater-jakarta-tangerang-evict-thousands-families.html

Parliament & legislation

House gives 'political support' to Semen Indonesia against Kendeng people

Jakarta Post - October 19, 2016

Jakarta – House of Representatives Commission VI head Teguh Juwarno has said the House would secure enough votes to support the operation of state-owned PT Semen Indonesia's cement factory in Rembang, Central Java, following a Supreme Court case review decision in favor of the people of Kendeng mountain.

"The parliament gives its political support to PT Semen Indonesia in Rembang so it can continue its operation there. We support Semen Indonesia and the State-owned Enterprises Ministry to continue the legal process so the factory can operate in accordance with the investment plan," Teguh said in a statement made available on Tuesday.

The legal effort, he said, included filing a case review at the Supreme Court. "This is important because the investment there has reached 90 percent," he said. "The Supreme Court decision has given a negative signal for the investment climate."

The cement factory in the Kendeng karst mountain range that spans three regencies in Central Java (Rembang, Pati, and Grobogan) has been met with fierce protest from farmers there including nine women who have cemented their feet in front of the Presidential Palace as a form of protest.

The farmers say that agriculture already provides enough money and food for the population and insist that they do not need factory jobs because their fields are fertile. They are also worried the cement factory will drain water from the water-rich karst mountain and dry their agricultural land. (evi)

Source: http://www.thejakartapost.com/news/2016/10/19/house-gives-political-support-to-semen-indonesia-against-kendeng-people.html

House speaker dragged into internal spat

Jakarta Post - October 18, 2016

Nurul Fitri Ramadhani, Jakarta – The House of Representatives is facing further turbulence following a power struggle between its commissions, for which House Speaker Ade Komarudin, a Golkar Party politician, has been blamed.

Members of House Commission VI overseeing trade, industry and investment reported Ade last Thursday to the House's ethics council for allegedly abusing his authority as speaker.

He was blamed for giving a permit to Commission XI, which oversees finance and banking, to discuss state capital injections with representatives from state-owned enterprises (SOEs).

As SOEs are partners of Commission VI, the commission claimed Ade had violated Article 86 of the Legislative Institutions (MD3) Law on the authority of the House speaker.

According to the law, the House speaker has the authority to bridge and synergize between House commissions.

Commission VI member Bowo Sidiq Pangarso of Golkar argued that Ade did not have the authority to decide that a commission could invite partners of other commissions without prior consent.

Bowo said Ade invited nine SOE representatives on Sept. 28 to talk about state capital injections in his capacity as House speaker, without consent from Commission VI.

Ade admitted to inviting the nine SOEs but denied allegations that what he did was illegal, saying Law No. 19/2003 on SOEs and Law No. 17/2003 on state finances stipulated that state capital injections were under the Finance Ministry, which is a partner of Commission XI. Thus, it is not only Commission VI that has authority to discuss injections.

Although the SOEs were partners of Commission VI, Ade said, budget liquidation was in the hands of the finance minister, who should seek approval from Commission XI. "According to the laws, both [commissions] should handle it. Everything I do just refers to the law," Ade said.

The problems arose amid speculation about a crisis facing Ade, as former speaker and Golkar chairman Setya Novanto is said to be looking to get his post back. Many believe the report is a way to drag Ade into deeper trouble.

Bowo, who represents Commission VI in reporting Ade, denied that the report was related to Golkar's internal conflict, arguing that he only wanted Ade to follow the MD3 Law.

"We don't demand Ade being unseated. At least, a reprimand [from the ethics council] will be enough so that he won't make the same mistake [again]," Bowo said.

Indonesian Parliament Watch (Formappi) analyst Lucius Karus said it was the right move in terms of Ade's capacity to coordinate the commissions.

"Commission VI may feel annoyed that it was not involved in the meeting, but there is no ethical violation," Lucius said, adding that Ade and the commissions should meet to find a solution to the matter.

"If they stick to their egos, the case will affect the performance of both commissions and disrupt relations with their partners," he added.

Source: http://www.thejakartapost.com/news/2016/10/18/house-speaker-dragged-internal-spat.html

Jakarta & urban life

Bring them back alive: Jakarta offers bounty to citizens who catch rats

Sydney Morning Herald - October 21, 2016

Jewel Topsfield and Karuni Rompies, Jakarta – The infamous Jakarta rat is wanted dead or alive (preferably alive) with a hefty price on its head, as the city outsources its vermin eradication program to the people.

Everyone who lives in the teeming metropolis has a rat story, with the bloated corpses of dead vermin littering footpaths and clogging up sewers. This week Jakarta Deputy Governor Djarot Saiful Hidayat announced a bounty of 20,000 rupiah ($2) would be offered for every rat captured. This is a significant amount of money in Indonesia, where about 40 per cent of the population hovers around the international poverty line of $US2 a day.

But the city administration may do well to read up on "the Cobra Effect": when an attempted solution to a problem creates a perverse incentive and actually makes it worse.

The Cobra Effect, a term popularised by German economist Horst Siebert's book of the same title, takes its name from anecdotal reports that a bounty on cobras in Delhi during the British colonial era led to people establishing cobra farms.

Jakarta has budgeted 80 million rupiah ($8000) for the Rat Eradication Movement, as the program is known, with a trial to start later this year. "Can you imagine 80 million rupiah means 40,000 rats! It's a lot," Mr Djarot told Fairfax Media.

He warned Jakartans not to use air guns or poison when capturing the pests, saying the preferred method was the rat trap. "We will encourage people to capture them alive," he said. Yet to be discussed was "how we will deal with it afterward, where we will dump the carcass etc".

Mr Djarot said cats were outnumbered by rats in the city. "The most dangerous ones are the black head rats, because they eat everything such as asphalt, heavy equipment, diesel – they eat them all."

The Jakarta administration became alarmed after receiving information people had contracted leptospirosis – a bacterial infection transmitted by rat urine that can be life-threatening – after being bitten by rats.

"There are growing numbers of rats where there are no predators and rice fields have turned into high-rise buildings," Bambang Sugiyono, the assistant secretary of the Jakarta Administration Office for Governance Issues, told Fairfax Media.

Mr Bambang said the mechanism for the bounty would still need to be worked out. "But for sure the rats should be caught alive, people are not encouraged to kill them because it would be dangerous for them," he said.

Michael Vann, an associate professor of history at California State University Sacramento, has suggested the Cobra Effect should be called the "rat effect" after a similar scheme had unintended consequences in French colonial Vietnam. The French offered a bounty for each rat killed after they became alarmed following an outbreak of vermin in Hanoi in 1902.

"Thousands of rat tails are being delivered to the city hall. The French think they're really making a dent into the rat population," Professor Vann told a 2012 Freakonomics podcast on the Cobra Effect. But a health official discovered a rat farm on the outskirts of Hanoi.

"And the Vietnamese were growing rats, cutting off their tails and bringing them into the city, to the city hall, to collect the bounty," Professor Vann said on the podcast. "You know, this is absolutely a disaster in terms of trying to remove rats."

Source: http://www.smh.com.au/world/bring-them-back-alive-jakarta-offers-bounty-to-citizens-who-catch-rats-20161021-gs7koz.html

Jakartans lack access to decent public transportation: Report

Jakarta Post - October 19, 2016

Evi Mariani, Jakarta – A report by the Institute for Transportation and Development Policy (ITDP) presented at the Habitat III summit in Quito showed that Greater Jakarta is among cities in the world that have much work to do to provide the population with decent public transportation.

Greater Jakarta, which includes the satellite cities of Depok, Tangerang, South Tangerang, Bogor and Bekasi, provides decent public transportation for only 16 percent of its population of about 28 million people.

Out of the 10-million population of Jakarta itself, 44 percent live near rapid transit access points.

The report, "People Near Transit: Improving Accessibility and Rapid Transit Coverage in Large Cities," introduced a metric called people near transit (PNT) to measure the population that enjoys easy access to public transportation. Easy access means living within 1 kilometer or 10 to 15 minutes of walking from the nearest rapid transit stop.

The report surveyed megacities and satellite cities and showed that Paris received a perfect score (100 percent), followed by Barcelona (99 percent) and Madrid (92 percent). Cities at the bottom included Washington D.C. (57 percent), Beijing (60 percent) and Jakarta (44 percent). But when the survey included the metropolitan area Paris score dropped to 50 percent, Barcelona to 76 percent and greater Jakarta 16 percent.

"The PNT metric illustrates how unplanned urban and suburban growth focuses on automobiles and only those who can afford to drive," said Clayton Lane, the chief executive officer of ITDP.

ITDP's Indonesia country director, Yoga Adiwinarto, said many city administrations ignored problems in suburbia or in border areas. "Every big city in Indonesia, including Jakarta, has satellite cities, where the majority of the population cannot reach the city center. This is where cooperation between the Jakarta administration and neighboring administrations like Bogor, Tangerang, Depok and Bekasi becomes important," Yoga said in a release made available on Tuesday.

Among the bottom cities in the report are greater Johannesburg with 9 percent, Los Angeles Metro with 11 percent and the Washington D.C. metro area with 12 percent.

Source: http://www.thejakartapost.com/news/2016/10/19/jakartans-lack-access-to-decent-public-transportation-report.html

Transport & communication

Sign warning of Bali bridge danger erected days before collapse killed eight

Sydney Morning Herald - October 17, 2016

Jewel Topsfield and Amilia Rosa, Jakarta – A sign warning cables had snapped on a rickety suspension bridge connecting two islands off Bali was erected four days before it collapsed on Sunday night, killing eight people.

The narrow yellow bridge between Nusa Lembongan and Nusa Ceningan, accessible only by foot or motorcycle, crumbled under the weight of heavy traffic due to a ceremony at a nearby temple.

Three children were among the eight dead as motorbikes hurtled into the water below the bridge at around 6pm local time. Another 34 people were injured. All those killed were locals from the two islands.

Klungkung police chief Arendra Wahyudi told Fairfax Media the water was only about a metre deep below the bridge with no strong currents on the night of the tragedy.

The "Yellow Bridge", as it is known, is the only route between Nusa Ceningan and Nusa Lembongan, two popular tourist islands off Bali known for their surfing, snorkelling and diving.

A story in the Denpasar Post on October 12 reported local government had erected a sign at the site of the 150-metre bridge warning the cables had broken. Local officials had visited the bridge on October 11 and requested that the sign be erected after they saw broken cables.

The Denpasar Post said Lembongan local official Ketut Gede Arjaa hoped that the bridge would be fixed next year.

Queensland woman Deb Morrison, whose father has a holiday villa on Nusa Lembongan, said the bridge had felt rickety and unsafe for years.

A video she filmed two years ago reveals gappy, loose and broken wooden boards as a motorcycle clatters across the bridge. "Oh my gosh, what the hell?" a woman's voice says in the video, while a man notes: "All these boards are broken."

A media report last December said residents had raised concerns about its safety, complaining that maintenance had been piecemeal. "Lately the damage is more severe, so residents are anxious and worried to pass," the story on the NusaBali.com website said on December 17.

It said while weathered boards and rusty ropes had been replaced in a patchwork fashion, residents wanted the suspension bridge completely rebuilt.

Klungkung's head of public works, I Gusti Nyoman Supartana, was quoted in NusaBali.com in December saying the bridge was being repaired. The yellow bridge also collapsed in February 2013, but on that occasion there were no casualties.

The tragedy comes just a month after two people died and 18 were injured following an explosion on a ferry between East Bali and the Gili islands. And last month four people died after a footbridge collapsed during strong winds and heavy rain near Pasar Minggu Station in South Jakarta.

Source: http://www.smh.com.au/world/sign-warning-of-bali-bridge-danger-erected-days-before-collapse-killed-eight-20161017-gs3z7t.html

Armed forces & defense

Defense budget increased to Rp 108 trillion

Jakarta Post - October 21, 2016

Jakarta – The House of Representatives and the government have agreed to allocate Rp 108 trillion (US$8.31 billion) for the Defense Ministry's 2017 budget, an increase from the Rp 104 trillion proposed earlier.

The increase makes the Defense Ministry the state institution/ministry with the largest budget allocation.

"We have agreed on the budget allocation for the Defense Ministry. It is the largest amount in the past 12 years," said Hanafi Rais, the deputy chairman of House Commission I overseeing defense and foreign affairs.

He said the defense budget would be spent proportionally on routine expenditure and goods. Hanafi, however, refused to give details of the allocation.

Previously, the Defense Ministry proposed Rp 104 trillion for the 2017 budget, which was later rejected by House members who said that amount did not match the government's commitment to maintaining state defense.

The House Commission I said state defense and sovereignty must not be compromised.

Source: http://www.thejakartapost.com/news/2016/10/21/national-scene-defense-budget-increased-rp-108-trillion.html

Criminal justice & legal system

High Court rules out $US125 million lawsuit against Jakarta international school

Sydney Morning Herald - October 22, 2016

Jewel Topsfield and Karuni Rompies, Jakarta – The High Court has upheld a decision to throw out a $US125 million lawsuit against a prestigious Jakarta international school by a mother who claims her son was sexually abused.

Five Indonesian cleaners, Canadian teacher Neil Bantleman and Indonesian teaching assistant Ferdinant Tjiong have been jailed for up to eleven years for the alleged sexual abuse of three kindergarten children at Jakarta Intercultural School, as it is now known, in 2013 and 2014.

The mother of one of the children sued the school for $US125 million after claiming that both the cleaners and educators sexually assaulted her son, who was six at the time.

The South Jakarta District Court threw out the lawsuit last year but the mother appealed to the High Court. However, the Jakarta High Court ruled on September 7 that it upheld the dismissal, according to a verdict published on the Supreme Court website.

The alleged sex abuse scandal rocked the international community and raised questions about the integrity of the Indonesian judicial system, with critics saying the case was rife with irregularities.

Last month Fairfax Media revealed a report by the National Commission on Human Rights (Komnas HAM) outlined cleaners' claims that they were tortured by police until they confessed.

The report – never publicly released – details horrific allegations of cigarette burns and beatings that were so severe the wife of one of the cleaners did not recognise her husband's face because of the wounds and bruises. A sixth cleaner died in custody. Police say he died from drinking bleach he found in the toilet.

The cleaners and teaching staff insist they are innocent and their lawyers plan to request a judicial review of the case, which is the last legal resort.

A lawyer representing Jakarta Intercultural School, Harry Ponto, told Fairfax Media on Friday that the High Court decision was "obviously good news for the school".However the mother could still appeal the decision in the Supreme Court.

This month Indonesian Police Chief Tito Karnavian said the cleaners had been found guilty based on a transparent and fair trial. "With relation to the allegation of torture by police against the cleaners that one was killed and so on we have done a number of investigations," he said.

"But there was no indication of torture or him being beaten by police. Rather he by mistake swallowed chemical things for cleaning. He was killed by it".

Source: http://www.smh.com.au/world/high-court-rules-out-us125-million-lawsuit-against-jakarta-international-school-20161022-gs87xj.html

Legal reform lagging behind in Jokowi's second year

Jakarta Post - October 21, 2016

Marguerite Afra Sapiie, Jakarta – Despite numerous achievements accomplished by President Joko "Jokowi" Widodo and Vice President Jusuf Kalla during their two years in office, improvement of the justice system is lagging behind that of other sectors, a legislator says.

The government was too late in planning to revitalize the legal sector in the country, which remained weak because of incompetent law enforcement institutions, said Bambang Soesatyo, chairman of the House of Representatives' Commission III overseeing legal affairs.

He said he welcomed the first part of the legal reform package, which came out just after the Jokowi administration reached its second year and focused on combating illegal levies in public services.

However, the government should be more concerned about reforming the judicial system, especially the officials, which had long been awaited by the public, Bambang asserted on Friday in Jakarta.

"Illegal levies are not the only problem in the legal sector. It's of utmost importance to strengthen measures to improve the quality of law enforcement, especially by combating the judicial 'mafia' [who manipulate cases in court]," the Golkar Party politician said.

He also applauded Jokowi's success in consolidating the support of political parties, which resulted in more stable national politics and enabled the government to realize a number of national strategic programs.

The Jokowi-Kalla administration had also been able to introduce a more "Indonesia-centric" paradigm of development and set aside the long-standing "Java-centric" paradigm, which had resulted in more comprehensive efforts to reduce disparity between Java and other regions. (ags)

Source: http://www.thejakartapost.com/news/2016/10/21/legal-reform-lagging-behind-in-jokowis-second-year.html

Jokowi told to assess deterrent effect of death penalty

Jakarta Post - October 20, 2016

Marguerite Afra Sapiie, Jakarta – Human rights watchdog Imparsial has urged President Joko "Jokowi" Widodo to gather a team to assess the validity of his argument that the death penalty can create a deterrent effect for drug dealers.

Jokowi's insistence to keep the death penalty is groundless and has shown the current government lacks political commitment to uphold human rights, Imparsial researcher Evitarossi S Budiawan said in Jakarta on Wednesday.

Jokowi allowed the execution of 18 death row convicts during his administration.

Evitarossi cited a study conducted by Jeffrey A. Fagan, Columbia University director of the Center for Crime, Community and Law, who found that there is no empirical evidence to suggest that execution has a greater deterrent effect than long prison sentences.

"[Jokowi] has to [be able to] prove that execution in Indonesia actually creates a deterrent effect," Evitarossi said, adding that the research team should consist of experts. She believes the result of such an assessment would be a strong reason to scrap the death penalty from national law.

She asserted that Indonesia should join other countries already committed to the UN General Assembly's Dec. 18, 2007 resolution calling for a moratorium on executions, a move by UN member countries toward abolishing the death penalty, since the right to live is a Constitutional right that should not be violated. (bbn)

Source: http://www.thejakartapost.com/news/2016/10/20/jokowi-told-to-assess-deterrent-effect-of-death-penalty.html

Government lays out plans for prison reform

Jakarta Post - October 17, 2016

Moses Ompusunggu, Jakarta – The Law and Human Rights Ministry is set to increase the capacity of penitentiaries nationwide by 5,000 by the end of the year in an effort to help ease overcrowding in correctional facilities.

The plan is among the ministry's efforts to improve the management of prisons in the country, which is one of the facets of the government's ambitious legal reform agenda.

No details were available regarding the prisons expected to have their capacities increased, but Law and Human Rights Minister Yasonna Laoly said previously that Tanjung Gusta Penitentiary in Medan, North Sumatra, and Salemba Penitentiary in Jakarta were among the most overcrowded facilities in the country.

Tanjung Gusta Penitentiary currently houses around 3,000 inmates, three times its capacity, while Salemba Penitentiary, which has a capacity of 750, currently accommodates around 3,500 inmates.

Other plans include the relocation of inmates from overcrowded prisons, additional wardens and the elimination of illegal levies inside prisons, said Yasonna. "We will implement the plans one by one," the minister said.

Indonesia has 477 detention centers and penitentiaries with a capacity of 118,750 but they are occupied by 199,380 inmates, 133,084 of whom are serving sentences, while the rest are on remand. Prisons in the country are overseen by 33 regional offices.

Having issued numerous stimulus packages related to economic development, the government announced last week it would also focus on legal reform in order to restore public trust in the country's law-enforcement system.

The first step of the legal reform, which revolves around efforts to simplify overlapping regulations, create effective legal enforcement and improve legal culture, focuses on five areas, such as the eradication of ubiquitous illegal levies and better management of inmates in prison.

Yasonna added that the ministry was also planning to build new prisons on outer islands, akin to Nusakambangan prison island in Cilacap, Central Java, to accommodate inmates convicted of extraordinary crimes such as terrorism, drug offenses and corruption.

Prison overcrowding has frequently led to breakdowns of order while at the same time raising public awareness of poor conditions inside penitentiaries.

In April, inmates of Banceuy Penitentiary in Bandung, West Java, ran amok and set fire to the prison office after a drug convict killed himself while being held in isolation.

The lack of control and oversight due to overcrowding has also allowed a flourishing narcotics trade to develop within prisons, and drug kingpins remain able to control their businesses from behind bars.

Yasonna has also expressed his optimism that the ministry will be able to relocate inmates from overcrowded prisons to less occupied ones, with details of relocations being deliberated in the Office of the Coordinating Legal, Political and Security Affairs Minister.

Law and Human Rights Ministry data show that, as of September, prisons in only six out of 33 regions in the country were not overcrowded: Yogyakarta, Maluku, North Maluku, Papua, West Papua and West Sulawesi.

The ministry's prison reform plan was not a panacea for overcapacity in penitentiaries, said Institute for Criminal Justice Reform executive director Supriyadi Widodo Eddyono.

As long as judges still promote punitive approaches such as hefty sentences, more inmates would have to be accommodated by the government in prisons nationwide.

Supriyadi said the ministry would have to conduct a thorough study prior to the relocation scheme, as the current mechanism allowed inmates to be imprisoned near where their families lived.

"If you are an inmate in Wirogunan Penitentiary [in Yogyakarta near your family], do you want to be relocated to Sukamiskin Penitentiary [in Bandung]? It's that simple."

Source: http://www.thejakartapost.com/news/2016/10/17/govt-lays-out-plans-prison-reform.html

Police & law enforcement

Four cops questioned by Gorontalo Police for demanding illegal levies

Jakarta Post - October 19, 2016

Syamsul Huda M. Suhari, Gorontalo – Four police officers are being questioned by the Gorontalo Police's internal affairs department after they were caught demanding illegal levies from motorists. The four were caught in an operation by the internal affairs department in late September.

Internal Affairs Department officer Comr. Syafrudin S. Sakti and his team members carried out impromptu inspections on the streets in Gorontalo and found four policemen asking for bribes on the trans-Sulawesi road.

"The four were caught asking for illegal levies from motorists on the road between Gorontalo and North Sulawesi," Gorontalo Police spokesperson Adj. Sr. Comr. Mosyan Nimitch said Tuesday.

The four were from Atinggola Police and ranked from Brigadier to First Adjutant Inspector. From the four the internal affairs confiscated five Rp 10,000 (US76 cents) banknotes, six Rp 5,000 notes, 82 Rp 2,000 notes and 20 Rp 1,000 notes, in total Rp 264,000.

Mosyan refuted a media report saying that the Gorontalo Police were the fifth-worst provincial police force in terms of officers demanding bribes, adding that the data only indicated that the Gorontalo Police were in the top five in terms of willingness to report the practice of bribery within their workforce.

A resident, Yamin, said traffic police demanding bribes from motorists who wanted to avoid punishment for traffic violations was already a public secret.

"They didn't have to go far to the city's outskirts. Even inside the Gorontalo city center they could catch many policemen asking for bribes," he said. (evi)

Source: http://www.thejakartapost.com/news/2016/10/19/four-cops-questioned-by-gorontalo-police-for-demanding-illegal-levies.html

Police begin internal reform to root out corruption

Jakarta Post - October 15, 2016

Jakarta – The National Police will conduct internal reform in an effort to stamp out the practice of "illegal levies" that continues to plague the institution, a top police officer has said.

The police have uncovered 33 cases of illegal levies involving police officers, National Police spokesman Insp. Gen. Boy Rafli Amar said in Jakarta on Saturday.

"The police are committed to fighting the practice of illegal levies in our organization. A special task force had been created to solve this issue," he said.

He mentioned that the police had uncovered six cases of illegal levies involving nine officers in North Sumatra, four cases implicating four officers in West Java and a case involving two police officers in Papua. Other than that, the police have also arrested three officers in two cases in West Nusa Tenggara, four officers involved in a case in Gorontalo, ten officers in ten cases in Jambi and one officer in Riau Islands, he added.

The police have long been considered one of the country's most corrupt institutions.

In a 2015 survey conducted by the Populi Center, some 1,200 people ranked the police as the most corrupt institution behind legislative bodies such as the House of Representatives and local councils. (win/rin)

Source: http://www.thejakartapost.com/news/2016/10/15/police-begin-internal-reform-to-root-out-corruption.html

Foreign affairs & trade

Reviewing Indonesia's foreign policy, or lack of one

Jakarta Post - October 20, 2016

Tama Salim, Jakarta – After two years at the helm of Southeast Asia's largest economy, President Joko "Jokowi" Widodo continues to face allegations that Indonesia is punching below its weight on the international arena.

Part of the reason Indonesia remains a relatively unknown middle power on the global stage might be due to the way foreign policy is shaped under Jokowi's direction – or lack thereof.

"Compared to SBY, I believe the current government has a much lower [foreign policy] profile," House of Representatives Deputy Speaker Fadli Zon said on Tuesday, referring to former president Susilo Bambang Yudhoyono.

Unlike the internationalist flavor of foreign policy that Yudhoyono championed during his reign, Jokowi has puzzled the diplomatic community with his fragmented approach to global politics, leaving most of the legwork to Foreign Minister Retno LP Marsudi.

But even Retno's influence has been questioned, as the inclusion of non-foreign ministry actors into the decision-making process further complicates the chain of command.

"Ultimately Jokowi calls the shots," said Evan Laksmana, a researcher at the Centre for Strategic and International Studies (CSIS).

"But when it comes to influential voices of foreign policy, unfortunately the President does listen to other members of his inner circle outside the Foreign Ministry," he said without elaborating.

In late 2015, President Jokowi was criticized for delegating 12 ministers the additional task of following up economic partnerships and investment plans, a move that critics have considered overstepping the authority of the Foreign Ministry.

In its actual implementation, these liaison ministers would represent the state at diplomatic occasions such as foreign national days and act as a go-between for country partners at times when they need to communicate directly with the Presidential Palace.

Such a move would not be warranted if Jokowi had a dedicated team on foreign policy within the rungs of the palace, as was the case in the previous government.

Unlike Jokowi, Yudhoyono appointed Teuku Faizasyah to stand in as spokesperson and information gatekeeper on international affairs.

While inside sources say Jokowi still relies on his top diplomat Retno to have the final say on global matters, things become less obvious when the government tackles cross-cutting issues that are likely to brush against competing interests.

On the allegation of past human rights violations in Papua, for example, the spotlight was on Luhut B. Panjaitan, who at the time was coordinating political, legal and security affairs minister.

In dealing with increasing pressure from the international community to resolve the Papua issue and subdue the brewing separatist movement in the resource-rich island, Luhut took the bold step of promising to resolve these issues by the end of this year.

On the foreign policy front, Luhut went on a tour of the South Pacific, accompanied by several regional heads from Papua, Maluku and Nusa Tenggara – representing Indonesia's Melanesian population – in an effort to consolidate support in the region.

Follow-up efforts managed to prevent the separatists from crucially joining the Melanesian Spearhead Group (MSG) – at least temporarily.

There were also too many talking heads in the ongoing hostage crisis in the Sulu Sea south of the Philippines, which had become a regional hotbed of terrorist activity.

After being hit by a string of kidnappings involving the notorious Abu Sayyaf militant group and its offshoots, Retno's ministry launched its own rescue efforts but eventually had to deal with the military and several non-state actors, like retired Army general Kivlan Zein, getting involved.

Retno used the catch-all phrase "total diplomacy" to explain the seemingly disjointed rescue efforts.

Eventually a crisis center was formed at Luhut's former office to serve as the sole gateway for rescue efforts, while Defense Minister Ryamizard Ryacudu and Indonesian Military commander Gen. Gatot Nurmantyo worked to implement a trilateral security agreement in the region. Currently two Indonesian hostages remain captive.

International relations expert Beginda Pakpahan from the University of Indonesia (UI) noted that "as long as all efforts were coordinated by the Foreign Ministry and not taken over by other relevant agencies", everything would be fine. (sha)

[Ina Parlina and Nurul Fitri Ramadhani also contributed to the report.]

Source: http://www.thejakartapost.com/news/2016/10/20/reviewing-indonesia-s-foreign-policy-or-lack-one.html

Trade activities remain weak despite new spike in surplus

Jakarta Post - October 18, 2016

Stefani Ribka, Jakarta – Indonesia's trade surplus hit the highest level in over a year in September due to a "temporary" spike in iron, steel and tin exports. However, overall exports and imports remain in the red amid weak global trade.

At US$1.1 billion, the trade surplus for September reached a 13-month high backed by a 94 percent month-on-month surge in iron and steel exports and a 68 percent increase in tin shipments overseas, according to data from the Central Statistics Agency (BPS) released Monday.

"This is due to our surging exports for iron and steel to Australia and Thailand. The increase is very big – we hope they also expand to other markets to sustain this," said BPS deputy head of distribution and statistics Sasmito Hadi Wibowo.

However, iron and steel businesspeople expressed concerns that the bright sales were only temporary.

Krakatau Steel corporate secretary Iip Arief Budiman acknowledged improved shipments of hot rolled plate – raw materials for construction, roads and household equipment – to Australia but the neighbor may ban cheaper iron and steel products from Indonesia in the future, pending approval from the World Trade Organization (WTO).

As for Thailand, the surge in September shipments was a special case because major steel producer BlueScope Thailand undertook a one-month production overhaul, forcing it to import some products.

"Krakatau Posco [subsidiary of Krakatau Steel] and BlueScope Indonesia are exporting galvanized steel [for roof structures] to Thailand while the local producer there is doing an overhaul," Iip explained.

Nevertheless, Krakatau Steel is continuing efforts to improve its current exports to Australia and Malaysia and Krakatau Posco plans to diversify export destinations to India, Middle East and Europe.

Despite the record-high trade surplus in September, the value of exports and imports still declined along with the lackluster global economic growth and slow recovery of commodity prices.

Overall exports in September stood at $12.51 billion, down 0.59 percent year-on-year (yoy), while exports for the January to September period totaled $104.36 billion, a 9.41 percent decrease.

Imports were also weak, with the September value reaching $11.3 billion, down 2.26 percent yoy, while total imports for the first nine months of the year were at $94.66 billion, a 6.09 percent drop.

New BPS head Suhariyanto brushed off concerns about the decline in trade activity, saying it was still at a healthy level and was better than world averages.

"Our declining trade pattern is not at a concerning level because the decrease is slight. We just hope that for the remaining three months, exports will start going up," he said, expecting the government to realize its plan to diversify export products and markets to jack up growth.

President Joko "Jokowi" Widodo has dared exporters to penetrate non-traditional markets like Africa, Central and South Asia, Central and East Europe and South America as well as improve product quality, design, packaging and promotion.

The strategy is aimed at avoiding an export value decrease from the $150.2 billion achieved last year.

However, Bank Central Asia (BCA) chief economist David Sumual estimated that this year's exports would only reach a maximum of $140 billion.

"With only three months left and our exports around $11 billion to $12 billion per month, I think it's difficult to maintain last year's figure," he said.

CIMB Niaga chief economist Adrian Panggabean shared a similar view, saying exports were unlikely to reach the 2015 level due to weak global demand resulting in a lower trade volume, especially for commodity trade. "The lower imports of raw materials also indicate a weak manufacturing sector and weak economy in general," he added.

Source: http://www.thejakartapost.com/news/2016/10/18/trade-activities-remain-weak-despite-new-spike-in-surplus.html

Tourism & hospitality

Healthy spread sought in tourism investment

Jakarta Post - October 17, 2016

Stefani Ribka, Jakarta – The government will likely need to review its strategy in promoting its priority tourist destinations, as data shows that recent tourism investment mainly headed to just two popular regions.

During the first six months of this year, the country has seen investment worth US$858.7 million coming into the tourist sector. The tourism Ministry's deputy for destination and tourism industry development Dadang Rizki Ratman, however, said most of the investment only went to Jakarta and Bali, the country's two main international gateways.

"This is our challenge – to encourage investors to invest outside those two places," he said recently.

Dadang highlighted the importance of infrastructure development and upgrades in many other tourist destinations as it would become a key factor to attract investors to put their money to the industry.

The government is targeting the arrival of 20 million foreign tourists in 2019. This year, 12 million foreign tourist arrivals has been targeted, with almost half achieved in the first semester.

To level out the popularity of other places with that of Bali, the country's most popular resort island, the government has selected 10 destinations to develop to 2019.

They include Lake Toba in North Sumatra, Mount Bromo in East Java, Mandalika resort area in West Nusa Tenggara, Labuan Bajo in East Nusa Tenggara, Wakatobi in Southeast Sulawesi, Cape Kelayang in Bangka Belitung, Cape Lesung in Banten and Morotai in Maluku.

Dadang said infrastructure, such as roads, airports and power plants were in the works to support tourism activities and attract more investors. The Kualanamu-Tebing Tinggi toll road, for example, was in progress and scheduled for completion next year. The road would give more access to Lake Toba, the world's largest volcanic lake.

Besides accessibility, intensive promotion was also necessary, said Babar Suharso, the head of regional Investment Coordinating Board (BKPMD) of Banten province.

"People can access Cape Lesung wthin only three hours but we still haven't got any investors so we've asked Kadin [Indonesia Chamber of Commerce and Industry] to introduce us to their network," he said.

BKPMD Banten said a number of South Korean investors had expressed their interests to invest in the location, but none have further approached the regional administration. Investors from Kuwait will visit the cape in November for a potential deal, Babar said.

Meanwhile, Indonesian Tour and Travel Agencies Association (Asita) chairman Asnawi Bahar emphasized accessibility as an important point to attract more investors.

"It is understandable that investment is still concentrated in Bali and Jakarta because the two have international airports with many international routes. One thing for sure to attract more investors is accessibility," Asnawi told The Jakarta Post over the phone.

Recently, the government announced a $300 million loan from the World Bank to expedite infrastructure development in and around Borobudur Temple, Mandalika and Lake Toba.

Nevertheless, the natural beauty of sites in Indonesia has inevitably swayed a group of businesspeople in Perth, Australia to invest in Manado, North Sulawesi, whose Bunaken island is famous for its diving spots.

"[The investment plan in] Manado is a very large ambition. It is a big tourism area so this group of companies running different businesses plan to turn it into a new destination," said Debnath Guharoy, president of Australian Indonesian Business Council (AIBC) said via phone.

The group will present its detailed plan to North Sulawesi administration in the next few weeks. They are planning to build hotels, power plants and a waste management system, as well as a conservation area for Bunaken underwater park.

Indonesia boasts 17,000 islands blessed with beautiful coastline and inland potential, plus a big market of more than 259 million people. To propel its tourism industry, the country has also offered free visas to 169 countries and simplified yacht and cruise arrival rules.

Source: http://www.thejakartapost.com/news/2016/10/17/healthy-spread-sought-in-tourism-investment.html

Infrastructure & development

Cash-strapped govt turns to philanthropists for development

Jakarta Post - October 15, 2016

Stefani Ribka, Jakarta – With limited funding in hand, the government thinks it's time for philanthropists to assist in the Herculean task of developing a country of more than 250 million people, 11.2 percent of whom still live in poverty with a lack of education and access to a clean environment.

Selamat Pagi Indonesia senior high school in Batu, East Java province, runs its activities without charging its students any tuition.

It has been providing free education and training in entrepreneurial skills – from merchandise-making, restaurant and hotel management and, farming to event organizing – since it began operations in 2007.

As many as 600 children from low-income families across the archipelago have enjoyed the facilities at the school, which was founded by entrepreneur Julianto Eka Putra of the Binar Group.

"We're taught about becoming entrepreneurs and how to be confident because we come from different and difficult backgrounds," 16-year-old orphan Ani Cindya said during the first-ever Indonesia Philanthropy Festival in Jakarta, recently.

The success of the Selamat Pagi Indonesia school cements the government's hope that philanthropic activities can help solve many of the country's development issues.

There are 17 sustainable development goals (SDGs) as mandated by the UN, including zero hunger and poverty, that must be met by 2030.

The government allocated Rp 416 trillion (US$31.88 billion) and Rp 104 trillion in state funds for education and health, respectively, in 2016, but that was not enough.

"We want philanthropists to be more formally involved, including in SDGs, so that we are not fully dependent on the state budget," National Development Planning Minister Bambang Brodjonegoro said.

The government plans to issue a presidential regulation to detail its strategy to achieve the SDG, including with the assistance of the philanthropists.

Philanthropy association Filantropi Indonesia estimates that the worth of philanthropic activities can reach up to Rp 600 trillion in a year, consisting of individual and institutional donations and religious alms.

The annual worth is higher than the government's budgets for education and health. The "robust" social activities have helped rank Indonesia at second place in Gallup's survey of the World's Most Generous Countries in 2016.

However, experts argue that it takes more than the philanthropists' goodwill to help the government realize its ambition. Filantropi Indonesia chairman Timotheus Lesmana said the provision of tax incentives would be beneficial for them.

He emphasized that philanthropy was different from corporate social responsibility (CSR) programs. While money used in CSR is considered a firm's expense, philanthropic funds come from a firm's net profits or a person's income.

At present, only certain philanthropists are eligible for tax deductions, according to Finance Ministerial Regulation No. 76/PMK.3/2011. Only those with charities related to national disasters, research and education, sports development and social infrastructure can benefit from the incentive. The deductions are also limited.

"The implementation of such a limit reflects low trust. It's time for us to have a philanthropy law that doesn't fuss over administrative details. The essence is that philanthropy funds in any sector should be supported and protected, not embezzled by both the givers and receivers," said Center for Indonesia Taxation Analysis executive director Yustinus Prastowo.

Source: http://www.thejakartapost.com/news/2016/10/15/cash-strapped-govt-turns-philanthropists-development.html

Economy & investment

Government fails to impress: INDEF

Jakarta Post - October 21, 2016

Jakarta – Two years under the leadership of President Joko "Jokowi" Widodo, the country is still struggling to make an impact on economic sectors, with development in rural areas and the country's global competitiveness among the government's underperforming areas, a Jakarta-based economic think tank has suggested.

Speaking to reporters on Thursday, Institute for Development of Economics and Finance (INDEF) researcher Bhima Yudhistira Adhinegara said President Jokowi's administration had until now failed to boost economic activities outside Java, which has maintained its position as the country's nexus of development.

"The country's huge dependency on the raw commodity sector has led to stagnancy or even negative economic growth in some regions, including East Kalimantan and Riau provinces," Bhima said during a discussion about the government's economic performance at INDEF headquarters South Jakarta.

Bhima cited Kalimantan, the Indonesian portion of the island of Borneo, as another example. The area, home to five provinces and rich in natural resources, only contributed 7.6 percent toward the gross domestic product (GDP) as of June this year. In 2014, the area contributed 9.1 percent to the GDP.

The GDP is still hugely dependant on Java. According to a report released by the Central Statistics Agency (BPS), the country's most populated island contributed 57.9 percent to the GDP.

Ahmad Heri Firdaus, another INDEF researcher, said dependency on imports had also increased, citing that the country had spent US$447.7 million to import rice during the first half of the year. The country spent last year $351.6 million to import the staple food. "It's ironic because as an agrarian country, we fall behind Vietnam and Argentina," Ahmad said.

Indonesia is ranked 109th by World Bank in terms of ease of doing business, falling behind other countries in the region, such as Malaysia (18), Thailand (9), Vietnam (90) and the Philippines (103).

The Regional Autonomy Watch (KPPOD), another Jakarta-based think tank, previously urged the government to revoke 152 of 410 regional government regulations (Perda) deemed problematic and considered to be impeding the central government's effort to provide an ease of doing business atmosphere.

In Pasuruan regency, East Java, for example, a Perda requires an outsourcing company to deposit Rp 250 million to attain a permit. The regulation contravenes Manpower Ministerial Regulation No. 101/2004 on permit issuance for businesses, KPPOD executive director Robert Endi Jaweng said.

President Jokowi announced in June that he would scrap 3,143 bylaws for contravening higher regulations, or deterring investment. The government has also issued a series of economic policy packages since last year to increase business competitiveness.

The KPPOD, however, has criticized the government's slow pace in issuing a decree to officially revoke the problematic bylaws, as most of the revocations have yet to come into effect, while problematic practices continue in the regions. (fac)

Source: http://www.thejakartapost.com/news/2016/10/21/government-fails-impress-indef.html

Foreign loans stalling on weak economy

Jakarta Post - October 19, 2016

Grace D. Amianti, Jakarta – Slow growth of short-term foreign loans continued to be witnessed in the country in August as a weak economy prompted companies to reduce their need for external debt.

Total external debt grew by 6.3 percent to US$323 billion in August year-on-year (yoy), recent Bank Indonesia (BI) data showed. That compares with 10 to 11 percent growth in 2014, 2012 and 2011, respectively.

The private sector contributed to the slow growth, which saw foreign loans contracting 3.9 percent yoy in August, even deeper than the 3 percent in the previous month. Companies in the mining and financial sectors contributed to the contraction, while manufacturing, electricity, gas and water begun to increase, the data showed.

The latest data indicates that the economy has yet to significantly improve as companies tend to postpone their need for debt and rather choose to pay their due overseas loans, economists say.

"There are several companies waiting for the economy to pick up before adding debt. They [companies] think that they don't need to finance their capital expenditure expansion through debt," said Budi Hikmat, chief economist and director for investment relations at Bahana TCW Investment Management.

The economy is expected to recover from a six-year low of 4.79 percent growth last year to 5.1 percent this year, against the backdrop of weak global economic recovery.

Mohammad Faisal, Center of Reform in Economics (CORE) Indonesia research director, attributed the decline in private sector external debt to slow global economic growth, particularly for export-oriented manufacturing activities.

That is in line with the decline in imports of capital goods so far this year, indicating that private companies are restraining their purchase of machinery for business expansion. Imports of capital goods declined the most in January to September, contracting by 12.66 percent yoy to $16 billion.

Bank Central Asia (BCA) chief economist David Sumual said weak domestic demand also triggered industries to hold their needs to boost production capacity, particularly in prominent sectors, such as automotive, consumer goods and property–reducing their need for external debt.

"Commodity-related companies, which utilized a lot of dollar debts back then, had been hit by the slump in global prices and they were struggling to repay their loans," he said.

The government's ongoing tax amnesty could help the country's private sector in reducing dependency toward external debt as big taxpayers were endorsed to repatriate their funds, which then were injected as equities for their local subsidiaries, David added.

Such moves could change the pattern in Indonesia's private sector external debt, most of which had its sources from back-to-back loans, meaning that parent companies overseas provide loans for their local subsidiaries.

CIMB Niaga chief economist Adrian Panggabean said the current pattern of external debt tended to be more prudent as more than 75 percent of the country's foreign debt was long term in nature, with half of it was used for the public sector to finance budget and infrastructure projects.

Private sector debt, which accounts for half of the country's external debt, was mainly long term as well, since private companies used the funds to finance their productive activities.

"In many ways, from a private sector viewpoint, this downward trend in external debt is a reflection of caution against the weak and uncertain business environment going forward," Adrian said.

Source: http://www.thejakartapost.com/news/2016/10/19/foreign-loans-stalling-weak-economy.html

Collaboration sought to rejuvenate textile industry

Jakarta Post - October 15, 2016

Arya Dipa, Bandung – The Indonesian Textile Association (API) has urged local players in the industry to regularly upgrade their production facilities to maintain the competitiveness of the country's textile and textile products (TPT) in the global market.

API chairman Ade Sudrajat said many textile makers in the country currently still relied on old machinery and were getting more reluctant to invest more in the backdrop of weakening global demand.

To deal with the issue, Ade, for instance, suggested the government facilitate collaboration between local businesses and textile machinery manufacturers in India, deemed as one of leading nations in the industry.

"Indonesia and India can deepen their cooperation, by, for example, providing credit facilities for the purchase of [textile] machinery," Ade said recently, after attending an event in Bandung to introduce the 10th India International Textile Machinery Exhibition (India ITME-2016),

India currently had at least 1,000 manufacturers of spinning and dyeing machinery, Ade said. There are 45 million workers in the textile industry alone in India, a home to around 1.2 billion people.

Indonesian textile exports have failed to make significant progress over the last five years partly due to declining orders from the country's main trading partners, including Japan and the US. Data from the Central Statistics Agency (BPS) show that the amount of textile exports remained stagnant at around US$13 billion since 2011.

Another reason to choose India as a trading partner, Ade continued, was because the price of textile machinery was as cheap as China-made ones,

Sanjiy Lathia, chairman of India ITME-2016 shared his optimism that the textile industry in his country would keep growing in line with its government's policy to stimulate exports.

He explained that India's government had targeted 10 million new jobs in the industry in order to boost textile exports valued at up to $30 billion within the next five years.

"We exported US$45 billion last year. The export is projected to rise about 6 to 8 percent this year. We have a very large market [in the textile industry]," Sanjiv said.

India ITME-2016 will run from Dec. 3 to 8 at Bombay Convention and Exhibition Centre in Mumbai. The event is set to showcase an extensive range of textile machinery, accessories, components, innovative textile technology with participation from over 1500 exhibitors, making it one of the world's largest events for the textile sector.

Data from the BPS show that in 2014 alone there was a drop in the level of competitiveness of Indonesian TPT in the world market of 1.3 percent. Vietnam, by contrast, saw its level of competitiveness increase by 1.8 percent year-on-year. Indonesia's global decline in competitiveness was also present in US and European markets, which saw falls of 25 percent and 3 percent, respectively. (wnd)

Source: http://www.thejakartapost.com/news/2016/10/15/collaboration-sought-rejuvenate-textile-industry.html

Focus

Is anyone watching the Constitutional Court judges?

Indonesia at Melbourne - October 20, 2016

Muhammad Tanziel Aziezi – Over the past few months the Constitutional Court has been hearing a case that could have serious implications for the rights of Indonesians. A conservative group called the Family Love Alliance (AILA) is challenging a number of articles in the Criminal Code, including Article 284 on adultery. As civil society and the media have watched the hearings with interest, many have questioned how judges with such limited and conservative understandings of human rights could end up leading Indonesia's top judicial body.

This is not the first time that the quality of judges in the Constitutional Court has been called into question. Concerns peaked in October 2013, when the Corruption Eradication Commission (KPK) caught Chief Justice Akil Mochtar red handed accepting a bribe to rule on an election dispute. He was sentenced to life in prison by judges in the Corruption Court in the Central Jakarta District Court, a decision that was upheld on appeal to the Supreme Court, but the reputation of the Constitutional Court was seriously damaged.

Although it might not attract the same amount of press as the selection process for KPK commissioners or members of the National Commission on Human Rights (Komnas HAM), the selection process for judges at the Constitutional Court has not escaped the attention of civil society.

In fact, civil society lambasted a number of the current batch of judges when they were first proposed. In 2014, when the Supreme Court nominated Suhartoyo to replace the outgoing Ahmad Fadlil Sumadi, there were serious concerns raised about his capacity to do his job. Suhartoyo had previously been examined by the Judicial Commission over suspected ethics violations. He sat on a panel of judges in the South Jakarta District Court that cleared bribery suspect Sudjiono Timan of all charges in a case involving Bank Indonesia Liquidity Assistance (BLBI) funds dispersed during the 1997-1998 financial crisis. Similarly, many doubted Patrialis Akbar's ability to remain impartial in electoral disputes given his past as a senior member of the National Mandate Party (PAN).

The fact that such figures could end up serving among the nation's most senior judicial officials is a result of the serious lack of transparency and accountability in the selection process for Constitutional Court judges. The 2003 Law on the Constitutional Court (and its more recent amendments) does not regulate the process of selection of Constitutional Court judges in detail. It states only that there are nine judges, with the national legislature (DPR), the president, and Supreme Court responsible for selecting three judges each. Article 19 of the Law states that the nomination process should be transparent and participatory. The selection process is then entrusted entirely to each institution, although Article 20 states that the process should be objective and accountable. Aside from these few details, there is no other regulation on the selection of Constitutional Court judges.

The Court Monitoring Coalition (KPP), a collection of civil society organisations working on legal reform, previously objected to the lack of standard procedures for the selection process, which has meant that transparency and public participation are usually denied. In 2008, for example, the DPR said it would conduct a fit and proper test of all 21 candidates for the Constitutional Court but it never released any information on the results of these tests. Similarly, in 2011, when the Supreme Court named Anwar Usman and Irfan Fachruddin as candidates to replace the retiring Arsyad Sanusi, it provided no explanation for its choice. This pattern was repeated in 2014, when the Court named Suhartoyo and Manahan MP Sitompul as replacements for Ahmad Fadlil Sumadi and Muhammad Alim.

These opaque selection processes have even been challenged in the State Administrative Court. In August 2013, a coalition of civil society organisations challenged Presidential Decision No. 87/P of 2013, which appointed Patrialis Akbar and Maria Farida Indrati as Constitutional Court judges, over the lack of transparency and participation in the selection process. The Jakarta State Administrative Court ruled in favour of the petitioners, stating that the selection of the two judges violated Article 19 of the Law on the Constitutional Court. But the decision was reversed on appeal to the State Administrative High Court and Patrialis and Maria continue to serve.

So what can the public do to ensure that Indonesia has better quality judges and, consequently, better quality decisions? The Law on the Constitutional Court dictates that the selection of judges for the Constitutional Court is under the full authority of the DPR, government and Supreme Court, and cannot transferred to any other authority, including the public. This is consistent with the concept of the Constitutional Court as an institution that represents the three branches of state power: the legislative, the executive and the courts, where no single branch is more powerful than the others.

There is some merit to this mechanism of selection. In Austria, for example, the responsibility for the selection of Constitutional Court judges was intentionally handed over to the parliament. The rationale was that the parliament would be more likely to accept and comply with the Court's decisions if it was responsible for selecting the judges who made them. By the same logic, the DPR, government and Supreme Court should be inclined to follow the Constitutional Court's decisions because they have a degree of investment in the people making these decisions. It should also result in them being careful about proposing candidates for the Court, because the decisions that the judges make will ultimately affect the institutions themselves.

By this argument, there is the potential that too much public involvement in the selection process could end up reducing allegiances between these institutions and the Court and affect the potency of its decisions. This is not to suggest that the public should not be involved, as oversight is crucial for an objective and accountable process. Rather, more room should be made available for public involvement in the selection process in each of the nominating institutions.

In 2008, public involvement in the selection of Constitutional Court judges was intensive. The Civil Society Alliance for the Constitution (Amuk) was asked to participate in the selection process and the public provided input on the track records of the candidates nominated by the Supreme Court. But public participation has not been consistent since then.

To improve the quality of judges in the Constitutional Court, the public must continue to be involved, even if only in the context of providing information on candidates' records. Greater public examination of the track records of candidates will make it harder for selection panels to make personal or subjective decisions.

Beyond the selection process, civil society should also encourage the recruitment of better quality judges by subjecting their decisions to greater scrutiny. Academics and civil society organisations should be conducting more studies on the decisions made by Constitutional Court judges, so that the judges feel that they are being watched. It is currently rare to find studies that critique Constitutional Court decisions, and this is not because the Court does not make mistakes.

Consider, for example, Decision No. 21/PUU-XII/2014, which stated that seizure of goods and searches could be challenged in pre-trial hearings under Article 77 of the Criminal Procedure Code. Seizure of goods and searches can only be conducted with court approval anyway, so there was no need for the Court to add another layer of judicial control, such as pre-trial hearings. And further, allowing suspects to challenge seizures and searches in pre-trial hearings could become a serious impediment to effective investigation of corruption cases. Increased scholarly attention to and criticism of the quality of Constitutional Court decisions will ultimately improve the quality of future decisions.

To improve the quality of the judges in the Constitutional Court, and have more decisions the nation can depend on, a number of things need to be done. Civil society needs to closely scrutinise the track records of candidates nominated by the DPR, government, and Supreme Court. At the same time, these institutions must be open to public participation and monitoring of the selection process. Beyond the selection process, civil society needs to provide stronger criticism of the Constitutional Court's decisions. Only if all these things happen will Indonesia finally get guardians of the Constitution that it can believe in.

[Muhammad Tanziel Aziezi (Azhe) is a researcher at the Indonesian Institute for an Independent Judiciary (LeIP). Azhe also regularly writes on legal issues on his personal blog, www.kanggurumalas.com.]

Source: http://indonesiaatmelbourne.unimelb.edu.au/is-anyone-watching-the-constitutional-court-judges/

Analysis & opinion

What about a WPexit?

The Spectator - October 21, 2016

Esther Anderson – It is now more than 50 years since Indonesia took over what had been briefly declared as independent West Papua in 1961. Time enough for the Papuans to have happily embraced the benefits of being part of Indonesia, one would have thought. However West Papua, the Western half of the island of New Guinea, commonly referred to as 'Indonesia's restive Papua', or 'troubled Papua', has had continuing demonstrations and protests against Indonesian rule, usually suppressed with brutality by Indonesian military and police.

At the recent United Nations General Assembly, seven Pacific Island nations – Solomon Islands, Nauru, the Marshall Islands, Tuvalu, Tonga, Palau and Vanuatu raised their concerns about Indonesia's actions in West Papua, and some even used the F word – freedom. Predictably, Indonesia responded angrily as it always does to any questioning of its rule over the western half of the Island of New Guinea. Some of the Melanesian nations are also advocating for Melanesian West Papua to join the group of Melanesian nations called the Melanesian Spearhead Group – again in the face of opposition from their powerful neighbour, Indonesia.

On a visit to West Papua in August this year, as the guest of a Papuan women's group (Soliditaras Perempuan Melanesia Papua Barat – Melanesian Women's Solidarity West Papua) it was easy to see why Papua is described as 'restive' and 'troubled'. Most of the Papuans I spoke to had suffered some form of discrimination or harassment, some had been tortured and imprisoned by Indonesian military or police, and many had relatives who had been killed. In general they felt the Indonesian government, although paying lip-service to cultural diversity, was trying to destroy Papuan cultural identity by the transmigration program, and, in various ways, killing the Papuan people. People spoke of unexplained deaths they attributed to poisoning, the disembowelling of people thought to be separatists, hit and run killings and unprovoked shootings by police and military. This perception meant that they were always in a state of fear for themselves and their families. I found this quite shocking. Although I do not think that my government (Australia) always has my interests at heart, I am confident that it is not trying to physically eliminate me and my ethnic/cultural group.

The takeover of West Papua by Indonesia involved both violence and duplicity. In the 1960s, the US, Indonesia and reluctantly, Holland signed an agreement (the New York Agreement) about the fate of West Papua. Under this agreement, 'all adults, male and female, not foreign nationals to participate in the act of self-determination' i.e. to decide whether West Papua would be integrated into Indonesia or would become independent. Prior to the referendum, Indonesia sent its military in to overpower and intimidate the indigenous population, and organised what they called the 'Act of Free Choice' (which has become known among West Papuans as the 'Act of No Choice'). In this mockery of democracy, only 1,025 Papuans (out of a population of about 800,000), selected by the Indonesian military were allowed to vote. The vote itself was by a show of hands, surrounded by Indonesian soldiers, with Papuans voting under extreme duress – threats by the Indonesian military against their families and themselves if they voted against integration.

In one of the most shameful episodes in the history of the United Nations, it acquiesced in Indonesia's takeover of West Papua via this sham 'Act of Free Choice'. Australia disgracefully facilitated this when, at the request of the Indonesian Government, Australian officials detained two West Papuans, Clemens Runawery and Wim Zonggonao, who were en route to inform the United Nations that the coming vote in July – August 1969 would not be free and fair. The United States also, with its acceptance of the invasion of East Timor, let morality and justice fly out the window when expediency knocked at the door. Declassified documents released in 2004 by the US Congressional Research Services indicated that the US government was aware that between 85 – 90 per cent of Papuans opposed Indonesian rule and a free vote (1969) would have resulted in West Papuans' independence.

The incorporation of West Papua into Indonesia has left a bitter legacy of mistrust and feelings of betrayal, and the methods used by successive Indonesian governments to quell dissent and consolidate ownership of the considerable natural resources have only exacerbated these feelings. The lack of accountability for atrocities committed by Indonesian security forces is both a reason to fear and a major source of bitterness.

The Pacific Islands nations' statements should be a wake up call to the UN to rectify the unjust decision to accept the 'Act of Free Choice' as a democratic expression of the will of the West Papuan people. The UN really failed West Papua – it's time to make amends and hold a fair, UN-monitored referendum on self-determination for the West Papuan people. With UN troops present to avoid the kind of bloodbath that happened after the East Timor independence ballot if the West Papuans did indeed vote for WPexit.

Source: http://spectator.com.au/2016/10/what-about-a-wpexit/

Papua priority

Jakarta Post Editorial - October 21, 2016

The latest visit by President Joko "Jokowi" Widodo raises both hope and worry. Can he win over the hearts and minds of people in Papua and West Papua? He certainly is trying – by improving traditional markets, inaugurating power facilities and eliminating the wide price gap of fuel compared to other areas in the country.

Jokowi's new "one fuel, one price" policy, however controversial and difficult, should serve as an example of the President's commitment and his clear leadership in demanding that his policy is supported.

Although state-run oil company Pertamina will have to cough up subsidies estimated at an annual Rp 800 billion (US$61.53 million) to end soaring fuel prices in Papua, what's important, Jokowi insisted, was "[...] justice for all Indonesians".

Papuans would certainly hope that this presidential wish and clear understanding of their sense of injustice applied beyond their neglected needs of fuel and infrastructure. Justice for all includes an end to what Papuans say is general stigma toward them as either being separatists, incompetent or both. This underlying attitude, they say, leads to discrimination and suspicion against Papuans voicing any sign of dissent, which leads to dangerous accusations of treason.

Therefore, like his new fuel policy, Jokowi needs the full support of his government, the military and police in ending that stigma, which has served to justify violence in the hunt for separatists and hurting innocents in the process, often fatally.

Society's attitude that such violence is rightly targeted at suspected rebels has immensely contributed to continued impunity and repeated abuses. As a result, earlier arrests of protesters in Papua cities, Jakarta and Yogyakarta, for instance, have led to accusations that Indonesia is surely a free and democratic country – except for Papuans voicing their grievances.

The government must also ensure serious follow up in relation to the team tasked to resolve human rights abuses in Papua by the end of the year. The team was set up by Jokowi's former security chief minister Luhut B. Pandjaitan.

Despite billions of rupiah poured into Papua, the President, who has just served two years, bears the legacy of past failures to address Papuans' sense of discrimination and Jakarta's obliviousness to human rights abuses against them, even with the Papua Special Autonomy Law. These factors have contributed to today's louder international campaign against Jakarta regarding Papua.

Our diplomats' splendidly articulated thrashings of criticism of our alleged continued neglect and abuse and/or discrimination of Papuans won't work, as long as those grievances are not perceived to be seriously addressed by Papuans.

Australia's statements that an independent Papua is not in its best interest has boosted our confidence on the world stage – but it doesn't wash with Papuans who say they are not getting enough decent jobs compared to migrants, for instance, or still don't feel safe amid security personnel hunting suspected rebels.

President Jokowi now can repeat, loudly and clearly, that he wants dialogue with all stakeholders, mainly his citizens from Papua.

Source: http://www.thejakartapost.com/news/2016/10/21/papua-priority.html

Pacific Nations diplomacy for West Papua puts New Zealand to shame

The Daily Blog - October 19, 2016

Maire Leadbeater – Something remarkable happened this year at the United Nations General Assembly. Seven Pacific nations used the occasion to speak out for their neighbours in Indonesian-controlled West Papua. It was decades ago when the world body last witnessed this kind of multi-nation lobby. Bold Vanuatu has been close to a lone voice in recent years.

This Pacific push is not before time – Indonesia's rule over West Papua has been contested ever since 1963 when it took control from the colonial Dutch. The territory had already achieved a level of self-governance and the people had chosen their flag and national anthem, giving them every reason to hope that they would soon be independent.

Back in the 1960s it was newly independent African nations who spoke up for West Papua's rights in the United Nations. Led by Dahomey and Upper Volta (today's Benin and Burkina Faso respectively) they challenged the 1962 New York Agreement which mandated the Dutch handover to Indonesia and the Netherlands.

This agreement, brokered at the behest of and in the interest of the United States, made a provision for self-determination within seven years. In practice the 1969 'Act of Free Choice' was a cynical travesty of consultation. The 1,022 who were permitted to vote were isolated from their communities before the vote and subjected to unambiguous threats. In the words of one General: 'Those of you who think about voting against Indonesia must think again, for if you do, the wrath of the Indonesian people will be on you. Your accursed tongues will be cut out and your evil mouths ripped open.'

When the outcome of the phony Act of Free Choice was tabled at the UN, African nations tried hard to put a spanner in the works and ensure that the West Papuans would have a later opportunity to make a genuine choice. But principle was no match for the pragmatism of Indonesia's backers who included New Zealand.

But since then the Pacific has come of age and Tonga, Nauru, Marshall Islands, Palau, Vanuatu, Solomon Islands and Tuvalu proved size is no impediment when it comes to speaking truth to power. Their interventions called for UN investigation into ongoing human rights violations and for peaceful dialogue. Three of the seven went a step further to urge that the right to self-determination be upheld.

Indonesia's response was as predictable as it was arrogant and mean-spirited. Representatives accused the Pacific leaders of interfering in its domestic affairs, and even of being self-serving by trying to divert attention from their own human rights problems.

The Solomon Islands representative made a dignified reply pointing out that his plea was founded on the principles enunciated in the UN Charter and the belief that 'all lives matter, West Papuan lives matter'. The Indonesian delegate then accused him of using 'trash information' from 'separatist groups'.

That won't wash, Indonesia has tried hard over the years to keep journalists and human rights monitors at bay, but these days authoritative documentation of human rights violations includes monitoring from respected Indonesian organisations.

As for interference in domestic matters, that is not how Papuan people see the situation. Every time there is some action on their behalf at the international level – a meeting of parliamentarians or discussion at the Melanesian Spearhead group – the young people take to the streets with banners to show their approval. This year between April and September over 2000 Papuans were arrested while taking part in such peaceful rallies.

It seems the magnificent seven resolved to take the issue to the UN when the Pacific Islands Forum Summit opted for a lack-lustre statement on the issue. Last year the Communique called for a Forum Fact-finding mission to go to West Papua, but Indonesia turned this down. This year there was a bland comment about the importance of constructive dialogue with Indonesia but no action was proposed unless you count a commitment to keep the issue on the agenda. Journalists and NGO leaders watching from the Forum sidelines said that the Communique wording was watered down by Australia and New Zealand.

So the Pacific NGOs are finding hope elsewhere; in a challenge issued to Indonesia by the important UN Committee on the Elimination of Racial Discrimination (CERD). CERD cites allegations of killing, violence and arbitrary arrest and has called for an Indonesian response by November.

There is also a strong hope that the Melanesian Spearhead Group (MSG) will upgrade United Liberation Movement for West Papua (ULMWP) from to observer to full member. If this happens at the December summit of the MSG in Vanuatu we will hear the cheers in this country, as it will be a solid indicator of ongoing Pacific diplomatic advocacy.

New Zealand turned its back on the West Papuan people way back in the 1960s. Our Ambassador observed part of the 1969 Act of Free Choice process and the reports that went back to Wellington talked of coercion and the questionable morality of the exercise.

So our Government is well-practised at putting its trade and geo-strategic interests ahead of those of our Melanesian neighbours. However, in the face of a groundswell of support for the West Papuan people all around Aotearoa as well as in our Pacific backyard, our government is being horribly shown up.

Source: http://thedailyblog.co.nz/2016/10/19/guest-blog-maire-leadbeater-pacific-nations-diplomacy-for-west-papua-puts-new-zealand-to-shame/