JAKARTA: The National Narcotics Agency (BNN) and the Indonesian National Institute for Drug Abuse (INIDA) are considering the legalization of marijuana to make use of its benefits.
"All this time, we only emphasize the bad effects of marijuana. But people in Aceh are using marijuana in their food recipes," Tomi Harjatno, an drugs expert at BNN, was quoted as saying by detik.com news portal on Thursday.
"Some countries, such as the Netherlands, have also legalized marijuana to be smoked in cafes and coffee shops."
Tomi, also research and development director at INIDA, said the effects of marijuana were not as bad as perceived by the public.
"The leaves can have an hallucinogenic effect but they do not cause big negative effects," he told a seminar.
Tomi said BNN and INIDA would recommended that the government reformulate the policy on marijuana.
"We could recommend the legal use of marijuana in certain places," said Tommy. --JP
One afternoon, on a visit to his family, he had summoned up the courage to tell his father that he didn't want to become a priest. That he wanted to travel.
Saturday, June 02, 2007
Ex-Bulog chief has brief health scare
JAKARTA: Former Bulog chief and suspect in a number of graft cases, Widjanarko Puspoyo, returned to prison on Thursday after being treated briefly at Pertamina Hospital for heart problems.
Widjanarko was rushed to the hospital at around 7:30 a.m. after complaining about an ache in his chest. After three hours of treatment in intensive care, he was returned to his Cipinang Prison cell by around 10:30 a.m.
"The doctor said he did not need to stay at the hospital as he was not too ill," Widjarnako's lawyer, Bonaran Saragih, was quoted as saying by detik.com news portal on Thursday.
On March 14, the Attorney General's Office (AGO) named Widjanarko as a suspect in a 2001 cattle importation scandal believed to have caused some Rp 11 billion (US$1.2 million) in losses to the state. He has been in detainment since March 20 and has also been named as a suspect in a graft cast involving rice imports from Vietnam.
Bonaran said he would request a second opinion on his client's health from Harapan Kita Hospital, as the treatment at Pertamina Hospital had been recommended by the AGO.
"If there is no problem, we will examine (Widjarnako's health) at Harapan Kita Hospital on Monday," Bonaran was quoted as saying by okezone.com news portal on Friday.
Bonaran argued that the AGO could not reject his request for a second opinion, as it related to his client's health and safety. -- JP
Widjanarko was rushed to the hospital at around 7:30 a.m. after complaining about an ache in his chest. After three hours of treatment in intensive care, he was returned to his Cipinang Prison cell by around 10:30 a.m.
"The doctor said he did not need to stay at the hospital as he was not too ill," Widjarnako's lawyer, Bonaran Saragih, was quoted as saying by detik.com news portal on Thursday.
On March 14, the Attorney General's Office (AGO) named Widjanarko as a suspect in a 2001 cattle importation scandal believed to have caused some Rp 11 billion (US$1.2 million) in losses to the state. He has been in detainment since March 20 and has also been named as a suspect in a graft cast involving rice imports from Vietnam.
Bonaran said he would request a second opinion on his client's health from Harapan Kita Hospital, as the treatment at Pertamina Hospital had been recommended by the AGO.
"If there is no problem, we will examine (Widjarnako's health) at Harapan Kita Hospital on Monday," Bonaran was quoted as saying by okezone.com news portal on Friday.
Bonaran argued that the AGO could not reject his request for a second opinion, as it related to his client's health and safety. -- JP
Govt slammed for choosing coal
The Jakarta Post, Jakarta
Greenpeace has berated the government for replacing petroleum with coal to meet the nation's energy needs, highlighting that carbon emissions from coal-fired power plants are one of the main contributors to human-induced global climate change.
"Coal produces 29 percent of carbon per energy unit higher than oil and 80 percent of carbon higher than gas," Red Constantino of Greenpeace International told a press conference Thursday.
The government has announced that coal will replace oil within the next ten years to meet domestic energy demands. Indonesia plans to build coal-fired power plants to generate around 10,000 megawatts of electricity by 2009.
Constantino said that as an archipelagic nation, Indonesia is highly vulnerable to climate change. If sea levels rise, many regions in Indonesia could be submerged, he said.
The environmental group predicts that by 2030, 72 hectares in Jakarta will be submerged, and that by 2050, 160 ha of the city will be underwater.
Greenpeace called on the Indonesian government to join the "energy revolution" fueled by renewable, efficient energy sources in a global effort to ensure energy security and to avoid the more severe impacts of climate change.
"Clean coal and cheap coal are big industry's lies. Coal carries huge costs in the form of severe pollution, climate change and the displacement of local communities. Coal is artificially cheap only because the great bulk of these costs are passed on to taxpayers," Constantino said, adding that clean and sustainable energy alternatives are widely available.
Meanwhile, Greenpeace Southeast Asia climate and energy campaigner Nur Hidayati said industry was being bullish about Indonesia's export potential at a time when the world has no choice but to reject climate-killing coal.
Hidayati labeled a meeting of coal producers and buyers scheduled to take place in Bali from Monday through to Wednesday as "a meeting of climate criminals".
"Every dollar spent on coal is a dollar diverted away from energy efficiency and renewable energy -- the real energy solutions," Hidayati said.
"With proper investment of US$60 billion a year, renewable energy alone could produce 58 percent of electricity demand by 2050. Indonesia can lead Southeast Asia toward real sustainable development only if it leaves behind coal."
In December, Bali will host a United Nations climate change conference that is crucial to the next phase of post-Kyoto Protocol greenhouse emission cuts. (02)
Greenpeace has berated the government for replacing petroleum with coal to meet the nation's energy needs, highlighting that carbon emissions from coal-fired power plants are one of the main contributors to human-induced global climate change.
"Coal produces 29 percent of carbon per energy unit higher than oil and 80 percent of carbon higher than gas," Red Constantino of Greenpeace International told a press conference Thursday.
The government has announced that coal will replace oil within the next ten years to meet domestic energy demands. Indonesia plans to build coal-fired power plants to generate around 10,000 megawatts of electricity by 2009.
Constantino said that as an archipelagic nation, Indonesia is highly vulnerable to climate change. If sea levels rise, many regions in Indonesia could be submerged, he said.
The environmental group predicts that by 2030, 72 hectares in Jakarta will be submerged, and that by 2050, 160 ha of the city will be underwater.
Greenpeace called on the Indonesian government to join the "energy revolution" fueled by renewable, efficient energy sources in a global effort to ensure energy security and to avoid the more severe impacts of climate change.
"Clean coal and cheap coal are big industry's lies. Coal carries huge costs in the form of severe pollution, climate change and the displacement of local communities. Coal is artificially cheap only because the great bulk of these costs are passed on to taxpayers," Constantino said, adding that clean and sustainable energy alternatives are widely available.
Meanwhile, Greenpeace Southeast Asia climate and energy campaigner Nur Hidayati said industry was being bullish about Indonesia's export potential at a time when the world has no choice but to reject climate-killing coal.
Hidayati labeled a meeting of coal producers and buyers scheduled to take place in Bali from Monday through to Wednesday as "a meeting of climate criminals".
"Every dollar spent on coal is a dollar diverted away from energy efficiency and renewable energy -- the real energy solutions," Hidayati said.
"With proper investment of US$60 billion a year, renewable energy alone could produce 58 percent of electricity demand by 2050. Indonesia can lead Southeast Asia toward real sustainable development only if it leaves behind coal."
In December, Bali will host a United Nations climate change conference that is crucial to the next phase of post-Kyoto Protocol greenhouse emission cuts. (02)
Pancasila 'needs practice, not campaign'
The Jakarta Post, Jakarta
A senior political scientist has said that law enforcement and national role models are needed to ensure that the values of the state ideology, Pancasila, remain relevant today, not propaganda or formal education.
"People do not need to be taught about this and that. They don't need a lecture about morality and values because they already practice this in their lives," Indriya Samego from the Indonesian Institute of Sciences (LIPI) told The Jakarta Post on Friday.
"The people do not need rhetoric about Pancasila, but rather law enforcement and leaders as good role models."
He said Pancasila -- the "five principles" -- was a form of commitment made by the nation's founding fathers to deal with the cultural variations in the archipelago.
"Pancasila is still relevant in the lives of many people in the country, but its interpretation is still incomplete due to differences in the interpretation," Indriya said.
"During the New Order era, the state monopolized the interpretation leaving no space for the people to provide the meaning of the ideology."
Following Soeharto's New Order era, the pendulum of Pancasila's interpretation swung from being state-based to being society-based. It remains in an uncertain condition, however, in which leaders should take more responsibility for changes.
Highlighting the recent row over illegal funding in the 2004 presidential election, Indriya said the affair is being ruled more by political power than by law.
Yogyakarta Governor Sultan Hamengkubuwono X also warned of the diminishing role of Pancasila in the public sphere as it becomes dominated by the interests of political parties, the wealthy and mass movements.
"Nowadays, Pancasila is rarely heard of, even in a formal speech, compared to the past era when almost everybody needed to pronounce it as if it was a sacred mantra," Antara news agency quoted the sultan as saying in a speech to commemorate the birth of Pancasila at Gajah Mada University.
"Everybody seems to want to be released from the past stigma."
The sultan said the open ideology of Pancasila could become a dynamic, diverse ideology if each successive generation was given the opportunity to provide its own interpretation.
"No matter what, Pancasila has been proven to be a source of wisdom and strength in the nation during every crisis," the sultan said.
In Blitar, East Java, Ni Wayan Suriastini, coordinator of the National Integration Movement, said the nation was in a crisis of conscience over its own culture.
"There have been many attempts to reject Pancasila as the state ideology. Human rights, as well as the spirit of unity, was also abandoned, especially with the emergence of the secessionist movements," Suriastini said during a ceremony at Sukarno's cemetery to commemorate the birth of Pancasila.
During the celebration, Blitar mayor Djarot Saiful Hidayat proposed that the June 1 birthday of Pancasila be made an official national day.
It is widely believed that Sukarno promulgated Pancasila on June 1, 1945, however the New Order regime insisted it was conceptualized Aug. 18, 1945, as part of the preamble to the 1945 Constitution. (02)
A senior political scientist has said that law enforcement and national role models are needed to ensure that the values of the state ideology, Pancasila, remain relevant today, not propaganda or formal education.
"People do not need to be taught about this and that. They don't need a lecture about morality and values because they already practice this in their lives," Indriya Samego from the Indonesian Institute of Sciences (LIPI) told The Jakarta Post on Friday.
"The people do not need rhetoric about Pancasila, but rather law enforcement and leaders as good role models."
He said Pancasila -- the "five principles" -- was a form of commitment made by the nation's founding fathers to deal with the cultural variations in the archipelago.
"Pancasila is still relevant in the lives of many people in the country, but its interpretation is still incomplete due to differences in the interpretation," Indriya said.
"During the New Order era, the state monopolized the interpretation leaving no space for the people to provide the meaning of the ideology."
Following Soeharto's New Order era, the pendulum of Pancasila's interpretation swung from being state-based to being society-based. It remains in an uncertain condition, however, in which leaders should take more responsibility for changes.
Highlighting the recent row over illegal funding in the 2004 presidential election, Indriya said the affair is being ruled more by political power than by law.
Yogyakarta Governor Sultan Hamengkubuwono X also warned of the diminishing role of Pancasila in the public sphere as it becomes dominated by the interests of political parties, the wealthy and mass movements.
"Nowadays, Pancasila is rarely heard of, even in a formal speech, compared to the past era when almost everybody needed to pronounce it as if it was a sacred mantra," Antara news agency quoted the sultan as saying in a speech to commemorate the birth of Pancasila at Gajah Mada University.
"Everybody seems to want to be released from the past stigma."
The sultan said the open ideology of Pancasila could become a dynamic, diverse ideology if each successive generation was given the opportunity to provide its own interpretation.
"No matter what, Pancasila has been proven to be a source of wisdom and strength in the nation during every crisis," the sultan said.
In Blitar, East Java, Ni Wayan Suriastini, coordinator of the National Integration Movement, said the nation was in a crisis of conscience over its own culture.
"There have been many attempts to reject Pancasila as the state ideology. Human rights, as well as the spirit of unity, was also abandoned, especially with the emergence of the secessionist movements," Suriastini said during a ceremony at Sukarno's cemetery to commemorate the birth of Pancasila.
During the celebration, Blitar mayor Djarot Saiful Hidayat proposed that the June 1 birthday of Pancasila be made an official national day.
It is widely believed that Sukarno promulgated Pancasila on June 1, 1945, however the New Order regime insisted it was conceptualized Aug. 18, 1945, as part of the preamble to the 1945 Constitution. (02)
Monday, May 21, 2007
RI health minister elected to WHO
Sunday, May 20, 2007
INDONESIA: Indonesia's Health Minister, Siti Fadilah Supari, was unanimously elected as a member of the World Health Organization's executive board during the organization's 60th annual general assembly in Geneva.
"This success was due to support from WHO members for the Indonesian leadership when demanding a transparent and fair mechanism and framework for virus sample sharing based on prior informed consent and benefit-sharing principles for all members, especially developing countries," the Health Ministry said in a media statement, as quoted by the detik.com news portal Saturday.
"With the election of Indonesia as a member of the executive board of the WHO, it is hoped that Indonesia will play a more active role in world health issues and the WHO will support national policies to improve the quality of health in Indonesia," the statement said.
Indonesia has been elected as a member of the WHO's executive board five times, from 1954 to 1957, 1964 to 1967, 1973 to 1976, 1985 to 1988 and 1997 to 2000.
The 34-member executive board is tasked with overseeing the organization's policies and decisions, electing its director general and formulating its programs to be agreed upon by the World Health Assembly. -- JP
INDONESIA: Indonesia's Health Minister, Siti Fadilah Supari, was unanimously elected as a member of the World Health Organization's executive board during the organization's 60th annual general assembly in Geneva.
"This success was due to support from WHO members for the Indonesian leadership when demanding a transparent and fair mechanism and framework for virus sample sharing based on prior informed consent and benefit-sharing principles for all members, especially developing countries," the Health Ministry said in a media statement, as quoted by the detik.com news portal Saturday.
"With the election of Indonesia as a member of the executive board of the WHO, it is hoped that Indonesia will play a more active role in world health issues and the WHO will support national policies to improve the quality of health in Indonesia," the statement said.
Indonesia has been elected as a member of the WHO's executive board five times, from 1954 to 1957, 1964 to 1967, 1973 to 1976, 1985 to 1988 and 1997 to 2000.
The 34-member executive board is tasked with overseeing the organization's policies and decisions, electing its director general and formulating its programs to be agreed upon by the World Health Assembly. -- JP
President not moved by election fund scam
Monday, May 21, 2007
The Jakarta Post, Jakarta
Despite heated debate over funding sources in the 2004 election, President Susilo Bambang Yudhoyono will not order a thorough investigation into an alleged illegal inflow of funds into his Democratic Party, a close aide said Saturday.
"There is no need to conduct such an investigation because the financial report of the party's election campaign team has been submitted to the General Elections Commission (KPU). It is therefore the responsibility of the commission to conduct the investigation," presidential spokesman Andi A. Mallarangeng said, as quoted by the detik.com news portal Saturday.
He said Yudhoyono and Jusuf Kalla had never received funds from former fisheries minister and graft suspect Rokhmin Dahuri. He also dismissed media reports, which quoted former People's Consultative Assembly (MPR) speaker Amien Rais as saying the SBY campaign team had received funding from the U.S.
The speaker of the House of Representatives, Agung Laksono, also rejected the idea of conducting an investigation into the case.
"We'd better talk about the future. This investigation could distort the validity of all decisions that we have made in the past," he told reporters at a national meeting of the National Democratic Front here Saturday.
He did not elaborate on what he meant by all decisions in the past, but said political parties needed to explain their sources of income as the 2002 law on political parties and the 2003 law on presidential elections stipulates that parties and election candidates are prohibited from receiving donations from abroad, the state budget or anonymous sources.
Jusuf Rizal, director of Yudhoyono's 2004 election campaign team known as Blora Center, accused former fisheries minister and graft suspect Rokhmin Dahuri of fabricating the fact by saying the team had received Rp 40 million (approximately US$4,500) from the ministry.
He acknowledged that Rokhmin had offered financial assistance to the team, but he rejected it as he was not responsible for financial matters.
In a media statement sent to The Jakarta Post on Saturday, Rizal asked Rokhmin to reveal who in the center had received the money.
Calls for an immediate investigation into the case mounted after Amien Rais admitted that he had received money from Rokhmin Dahuri to finance his 2004 presidential election campaign. The admission has supported allegations that other presidential candidates had also received funds from Rokhmin.
Amien, the former chairman of the National Mandate Party, said he accepted Rp 200 million from Rokhmin, which he submitted to the party's treasurer, and another Rp 200 million through a member of the party's 2004 election campaign team.
According to Rokhmin's deposition, he also gave presidential candidate Megawati Soekarnoputri and her running mate Hasyim Muzadi Rp 275 million, Susilo Bambang Yudhoyono and Jusuf Kalla Rp 200 million and Wiranto and running mate Salahuddin Wahid Rp 220 million.
All have denied receiving the funds.
Despite their denials, Deputy MPR speaker AM Fatwa has asked the Corruption Eradication Commission to investigate the alleged distribution of non-budgetary funds to presidential candidates in 2004.
Political observer Bara Hasibuan has also called upon the KPU to conduct an investigation into each political party that contested the 2004 elections.
"Such an investigation is very important in order to prevent any illegal fund-raising practices in the future," Bara said, adding that if Yudhoyono and Kalla received the funds, they should admit to having done so.
"This would be a good move and may help develop Indonesia into a more transparent state", he said.
He expressed hope that other presidential candidates would follow the example of Amien Rais, who revealed election irregularities and was willing to be held accountable for his wrongdoings. (02)
The Jakarta Post, Jakarta
Despite heated debate over funding sources in the 2004 election, President Susilo Bambang Yudhoyono will not order a thorough investigation into an alleged illegal inflow of funds into his Democratic Party, a close aide said Saturday.
"There is no need to conduct such an investigation because the financial report of the party's election campaign team has been submitted to the General Elections Commission (KPU). It is therefore the responsibility of the commission to conduct the investigation," presidential spokesman Andi A. Mallarangeng said, as quoted by the detik.com news portal Saturday.
He said Yudhoyono and Jusuf Kalla had never received funds from former fisheries minister and graft suspect Rokhmin Dahuri. He also dismissed media reports, which quoted former People's Consultative Assembly (MPR) speaker Amien Rais as saying the SBY campaign team had received funding from the U.S.
The speaker of the House of Representatives, Agung Laksono, also rejected the idea of conducting an investigation into the case.
"We'd better talk about the future. This investigation could distort the validity of all decisions that we have made in the past," he told reporters at a national meeting of the National Democratic Front here Saturday.
He did not elaborate on what he meant by all decisions in the past, but said political parties needed to explain their sources of income as the 2002 law on political parties and the 2003 law on presidential elections stipulates that parties and election candidates are prohibited from receiving donations from abroad, the state budget or anonymous sources.
Jusuf Rizal, director of Yudhoyono's 2004 election campaign team known as Blora Center, accused former fisheries minister and graft suspect Rokhmin Dahuri of fabricating the fact by saying the team had received Rp 40 million (approximately US$4,500) from the ministry.
He acknowledged that Rokhmin had offered financial assistance to the team, but he rejected it as he was not responsible for financial matters.
In a media statement sent to The Jakarta Post on Saturday, Rizal asked Rokhmin to reveal who in the center had received the money.
Calls for an immediate investigation into the case mounted after Amien Rais admitted that he had received money from Rokhmin Dahuri to finance his 2004 presidential election campaign. The admission has supported allegations that other presidential candidates had also received funds from Rokhmin.
Amien, the former chairman of the National Mandate Party, said he accepted Rp 200 million from Rokhmin, which he submitted to the party's treasurer, and another Rp 200 million through a member of the party's 2004 election campaign team.
According to Rokhmin's deposition, he also gave presidential candidate Megawati Soekarnoputri and her running mate Hasyim Muzadi Rp 275 million, Susilo Bambang Yudhoyono and Jusuf Kalla Rp 200 million and Wiranto and running mate Salahuddin Wahid Rp 220 million.
All have denied receiving the funds.
Despite their denials, Deputy MPR speaker AM Fatwa has asked the Corruption Eradication Commission to investigate the alleged distribution of non-budgetary funds to presidential candidates in 2004.
Political observer Bara Hasibuan has also called upon the KPU to conduct an investigation into each political party that contested the 2004 elections.
"Such an investigation is very important in order to prevent any illegal fund-raising practices in the future," Bara said, adding that if Yudhoyono and Kalla received the funds, they should admit to having done so.
"This would be a good move and may help develop Indonesia into a more transparent state", he said.
He expressed hope that other presidential candidates would follow the example of Amien Rais, who revealed election irregularities and was willing to be held accountable for his wrongdoings. (02)
Saturday, May 19, 2007
Anger over promotion of alleged '98 rights abusers
Saturday, May 19, 2007
The Jakarta Post, Jakarta
Activists have expressed doubt the public can expect much from the prosecution of military personnel involved in the 1998 disappearance of activists through military courts.
Commenting on the recent promotions of several members of Team Mawar -- a military team allegedly responsible for the abduction of pro-democracy activists in 1998 -- Usman Hamid, coordinator of the Commission for Disappearances and Victims of Violence (Kontras), said military tribunals had only facilitated impunity for high-ranking officers who were responsible for the abductions, while victimizing lower ranking soldiers.
"This just demonstrates that the military is not interested in human rights enforcement as an agenda for it's accountability. Up until now, the handling of many cases of corruption and human rights violations has been hindered by the military's internal mechanisms," Usman told The Jakarta Post on Friday.
He said the military tribunal held in 1999 was an attempt to avoid public pressure, but when public pressure subsided the military became less transparent in order to avoid accountability.
"By giving them only light punishment and then later promoting them to higher ranks, the military has triggered a repetition of other abduction and torture cases that have occurred in the country. The 2001 murder of Theys Hiyo Eluway, and the murders of several academics and activists during the imposition of martial law in Aceh, as well as the murder of Munir in 2003 are all reminiscent of what happened in 1998," Usman said.
Following the kidnappings of at least 22 activists in 1998, a Jakarta military tribunal sentenced the commander of Team Mawar, Maj. Bambang Kristiono, to 22 years in jail and discharged him from the military. The tribunal also jailed and discharged four of his subordinates, and jailed six others without discharging them from the military.
Six of the 11 people tried appealed to a higher court. The results of the appeals were not disclosed to the public, however, until the mass media discovered that some of the men had been promoted to strategic positions. Among them were Lt. Col. Fausani Multhazar, who is now the Jepara Military District Commander in Central Java, and Lt. Col. Untung Budi Harto, who is now the Ambon Military District Commander in Maluku.
Since the beginning of the tribunal, many human rights organizations, including the National Commission on Human Rights, have tried to pressure the government to solve the case through an ad hoc human rights court, but the military insisted on using its court.
"Neither civil nor military courts acknowledge the term 'command responsibility', which is why those responsible for abducting the activists are able to get away with their crimes," said Usman.
He said the former chief of the military, Gen. Wiranto, should be held responsible for the kidnappings.
Asmara Nababan, former secretary general of the rights commission, said military courts could only try cases related to internal military discipline, but not cases of gross human rights violations.
He said the commission had cast doubt on the tribunal and sent a letter asking for the termination of the court, but it was to no avail.
"In a human rights court, a commander is responsible for the actions of his subordinates, even if he has not given any orders. He is also responsible if he is aware that an act is about to take place, yet fails to prevent it," he told the Post.(02)
The Jakarta Post, Jakarta
Activists have expressed doubt the public can expect much from the prosecution of military personnel involved in the 1998 disappearance of activists through military courts.
Commenting on the recent promotions of several members of Team Mawar -- a military team allegedly responsible for the abduction of pro-democracy activists in 1998 -- Usman Hamid, coordinator of the Commission for Disappearances and Victims of Violence (Kontras), said military tribunals had only facilitated impunity for high-ranking officers who were responsible for the abductions, while victimizing lower ranking soldiers.
"This just demonstrates that the military is not interested in human rights enforcement as an agenda for it's accountability. Up until now, the handling of many cases of corruption and human rights violations has been hindered by the military's internal mechanisms," Usman told The Jakarta Post on Friday.
He said the military tribunal held in 1999 was an attempt to avoid public pressure, but when public pressure subsided the military became less transparent in order to avoid accountability.
"By giving them only light punishment and then later promoting them to higher ranks, the military has triggered a repetition of other abduction and torture cases that have occurred in the country. The 2001 murder of Theys Hiyo Eluway, and the murders of several academics and activists during the imposition of martial law in Aceh, as well as the murder of Munir in 2003 are all reminiscent of what happened in 1998," Usman said.
Following the kidnappings of at least 22 activists in 1998, a Jakarta military tribunal sentenced the commander of Team Mawar, Maj. Bambang Kristiono, to 22 years in jail and discharged him from the military. The tribunal also jailed and discharged four of his subordinates, and jailed six others without discharging them from the military.
Six of the 11 people tried appealed to a higher court. The results of the appeals were not disclosed to the public, however, until the mass media discovered that some of the men had been promoted to strategic positions. Among them were Lt. Col. Fausani Multhazar, who is now the Jepara Military District Commander in Central Java, and Lt. Col. Untung Budi Harto, who is now the Ambon Military District Commander in Maluku.
Since the beginning of the tribunal, many human rights organizations, including the National Commission on Human Rights, have tried to pressure the government to solve the case through an ad hoc human rights court, but the military insisted on using its court.
"Neither civil nor military courts acknowledge the term 'command responsibility', which is why those responsible for abducting the activists are able to get away with their crimes," said Usman.
He said the former chief of the military, Gen. Wiranto, should be held responsible for the kidnappings.
Asmara Nababan, former secretary general of the rights commission, said military courts could only try cases related to internal military discipline, but not cases of gross human rights violations.
He said the commission had cast doubt on the tribunal and sent a letter asking for the termination of the court, but it was to no avail.
"In a human rights court, a commander is responsible for the actions of his subordinates, even if he has not given any orders. He is also responsible if he is aware that an act is about to take place, yet fails to prevent it," he told the Post.(02)
Civic education bill 'counterproductive'
Friday, May 18, 2007
The Jakarta Post, Jakarta
Experts have criticized a bill on civic education saying it will be counterproductive as it focuses more on the state's interests than those of the people.
Speaking at a seminar on the bill, Azyumardi Azra, director of the postgraduate school at the Jakarta State Islamic University, said the bill overemphasized the obligation to defend the state.
"This emphasis will trigger opposition from the people as it raises collective memory concerning the previous state indoctrination on the ideology of Pancasila," Azyumardi told participants of the seminar held at Borobudur Hotel on Wednesday.
"Articles in the bill clearly overemphasize the spirit of defending the state. If it becomes a law, it will receive strong resistance from the people. Do we really need to repeat the same old mistake of indoctrination and a militaristic approach to civic education?" Azyumardi asked.
He said that although civic education was very important in pluralistic countries, the bill needed to be reformulated to avoid such opposition.
"A good result will not come out of a false approach," he said.
Indria Samego, a political expert from the Indonesian Science Institute, said the bill was counterproductive as it aimed for the state to rearrange and monopolize the standard and content of civic education.
He also branded the proposed establishment of a national council for civic education as "structural demolition".
Indria called for a paradigm shift from state-centered to society-centered civic education, with the state to focus on its main functions of providing peace, security, prosperity and law enforcement.
"We do not need civic education like what we had during the New Order regime, but rather a system that respects pluralism, transparency, accountability, effective governance and law enforcement," he said.
"Civic education is ideological and more than just a curriculum monopolized by the state through formal education. It is an effort to give contextual and actual values to nationalism. This is not the time for the state to be so dominant. It is a time to provide more opportunities for non-state powers such as political parties to be more responsible in civic education," he said.
Defense Minister Juwono Sudarsono said in his opening remarks that while a formal civic education was important, more important were concrete efforts to improve the social and economic welfare of the people.
"We hope that when the people are better off economically, every ideological slogan will have more meaning," Juwono told reporters at the seminar.
The Defense Ministry has been deliberating the bill since 2004. An initial draft of the bill was formulated in 2005, with the bill being drafted in 2006.
The seminar, attended by more that 150 experts and practitioners from various backgrounds, was organized to seek input into improving the final draft of the bill which will be submitted to an inter-ministerial committee in 2008. (02)
The Jakarta Post, Jakarta
Experts have criticized a bill on civic education saying it will be counterproductive as it focuses more on the state's interests than those of the people.
Speaking at a seminar on the bill, Azyumardi Azra, director of the postgraduate school at the Jakarta State Islamic University, said the bill overemphasized the obligation to defend the state.
"This emphasis will trigger opposition from the people as it raises collective memory concerning the previous state indoctrination on the ideology of Pancasila," Azyumardi told participants of the seminar held at Borobudur Hotel on Wednesday.
"Articles in the bill clearly overemphasize the spirit of defending the state. If it becomes a law, it will receive strong resistance from the people. Do we really need to repeat the same old mistake of indoctrination and a militaristic approach to civic education?" Azyumardi asked.
He said that although civic education was very important in pluralistic countries, the bill needed to be reformulated to avoid such opposition.
"A good result will not come out of a false approach," he said.
Indria Samego, a political expert from the Indonesian Science Institute, said the bill was counterproductive as it aimed for the state to rearrange and monopolize the standard and content of civic education.
He also branded the proposed establishment of a national council for civic education as "structural demolition".
Indria called for a paradigm shift from state-centered to society-centered civic education, with the state to focus on its main functions of providing peace, security, prosperity and law enforcement.
"We do not need civic education like what we had during the New Order regime, but rather a system that respects pluralism, transparency, accountability, effective governance and law enforcement," he said.
"Civic education is ideological and more than just a curriculum monopolized by the state through formal education. It is an effort to give contextual and actual values to nationalism. This is not the time for the state to be so dominant. It is a time to provide more opportunities for non-state powers such as political parties to be more responsible in civic education," he said.
Defense Minister Juwono Sudarsono said in his opening remarks that while a formal civic education was important, more important were concrete efforts to improve the social and economic welfare of the people.
"We hope that when the people are better off economically, every ideological slogan will have more meaning," Juwono told reporters at the seminar.
The Defense Ministry has been deliberating the bill since 2004. An initial draft of the bill was formulated in 2005, with the bill being drafted in 2006.
The seminar, attended by more that 150 experts and practitioners from various backgrounds, was organized to seek input into improving the final draft of the bill which will be submitted to an inter-ministerial committee in 2008. (02)
Abdul Rahman criticized over Soeharto case intervention
Friday, May 18, 2007
The Jakarta Post, Jakarta
Activists have criticized former Attorney General Abdul Rahman Saleh for allegedly intervening in the Attorney General's anticorruption campaign by asking incumbent Hendarman Supandji not to continue investigations into former president Soeharto's corruption cases.
"We see his (Abdul Rahman's) statement as unethical and politically motivated," said a member of Imparsial -- a human rights monitoring group.
"It's such a misleading message because the Attorney General's Office (AGO) still has many cases of corruption and human rights violations to pursue," Donny Ardiyanto said Wednesday.
Abdul Rahman allegedly told his successor during the transfer-of-duty ceremony earlier this month that Hendarman should not prosecute corruption cases involving Soeharto.
But Donny said as a former attorney general, Abdul Rahman must consider cases involving corruption as highly contentious -- not only because they had caused huge losses to the state, but also because they usually involved many government and law enforcement officials.
"An attorney general has a heavy task because he has to deal with colleagues from other law enforcement institutions and also government officials," Donny said.
"But he should have realized that."
Donny hinted there might be a possibility of Soeharto being granted amnesty for his corruption cases.
He said this would be in recognition of Soeharto's contribution to the country and his aging condition.
But Donny said the key to resolving any Soeharto case was to bring him to court.
"People will accept whatever the court's decision is, but the most important thing is to put him on trial -- he (must) respect the due process of law."
Hendarman should regard his predecessor's statement as merely "post-power syndrome", Donny said.
"Based on his experience as head of the anticorruption investigation team, he has two things Abdul Rahman Saleh did not have -- courage and a closeness with the working mechanism at the AGO as a career attorney.
"(This experience and knowledge) allows him to effectively coordinate all levels of prosecution."
Imparsial member Bhatara Ibnu Reza said bringing Soeharto to court would also provide the former president an opportunity to prove his innocence.
"The country needs courageous prosecutors as they are actually representing the people.
"Hendarman Supandji, as the top prosecutor in the country, should have the courage to dismiss the order to stop investigations into Soeharto's (conduct)," he added.
Executive director of Imparsial Rusdi Marpaung said Soeharto's corruption cases were only the tip of the iceberg.
He said there were many human rights violations cases which had occurred during Soeharto's 32 years in power.
"Soeharto's corruption cases and human rights violation cases are two sides of the same coin," Rusdi said.
"If Hendarman can open the corruption cases, everything else will be disclosed -- including the flow of funds for military operations and other crimes against humanity." (02)
The Jakarta Post, Jakarta
Activists have criticized former Attorney General Abdul Rahman Saleh for allegedly intervening in the Attorney General's anticorruption campaign by asking incumbent Hendarman Supandji not to continue investigations into former president Soeharto's corruption cases.
"We see his (Abdul Rahman's) statement as unethical and politically motivated," said a member of Imparsial -- a human rights monitoring group.
"It's such a misleading message because the Attorney General's Office (AGO) still has many cases of corruption and human rights violations to pursue," Donny Ardiyanto said Wednesday.
Abdul Rahman allegedly told his successor during the transfer-of-duty ceremony earlier this month that Hendarman should not prosecute corruption cases involving Soeharto.
But Donny said as a former attorney general, Abdul Rahman must consider cases involving corruption as highly contentious -- not only because they had caused huge losses to the state, but also because they usually involved many government and law enforcement officials.
"An attorney general has a heavy task because he has to deal with colleagues from other law enforcement institutions and also government officials," Donny said.
"But he should have realized that."
Donny hinted there might be a possibility of Soeharto being granted amnesty for his corruption cases.
He said this would be in recognition of Soeharto's contribution to the country and his aging condition.
But Donny said the key to resolving any Soeharto case was to bring him to court.
"People will accept whatever the court's decision is, but the most important thing is to put him on trial -- he (must) respect the due process of law."
Hendarman should regard his predecessor's statement as merely "post-power syndrome", Donny said.
"Based on his experience as head of the anticorruption investigation team, he has two things Abdul Rahman Saleh did not have -- courage and a closeness with the working mechanism at the AGO as a career attorney.
"(This experience and knowledge) allows him to effectively coordinate all levels of prosecution."
Imparsial member Bhatara Ibnu Reza said bringing Soeharto to court would also provide the former president an opportunity to prove his innocence.
"The country needs courageous prosecutors as they are actually representing the people.
"Hendarman Supandji, as the top prosecutor in the country, should have the courage to dismiss the order to stop investigations into Soeharto's (conduct)," he added.
Executive director of Imparsial Rusdi Marpaung said Soeharto's corruption cases were only the tip of the iceberg.
He said there were many human rights violations cases which had occurred during Soeharto's 32 years in power.
"Soeharto's corruption cases and human rights violation cases are two sides of the same coin," Rusdi said.
"If Hendarman can open the corruption cases, everything else will be disclosed -- including the flow of funds for military operations and other crimes against humanity." (02)
Defense Ministry pursues House ratification of defense treaties
Wednesday, May 16, 2007
The Jakarta Post, Jakarta
The Defense Ministry is synchronizing key issues for the implementation of the recently-signed defense treaties between Indonesia and Singapore as part of efforts to persuade the House of Representatives to ratify the documents.
Indonesia and Singapore signed a defense cooperation agreement and a military training area agreement in Bali last month, but must wait until these treaties are ratified by the respective Houses of the two countries.
"We are now synchronizing articles of the implementation arrangement between the armed forces of the two countries," Defense Minister Juwono Sudarsono told reporters Tuesday on the sidelines of the inauguration of two officers at the Defense Ministry.
Vice Adm. Soemardjono replaces Vice Adm.(ret) Iman Zaki as inspector general of the Defense Ministry, while Rear Adm. Tedjo Edi Purdianto replaces Rear Adm.(ret) Yuwendi as director general of defense planning.
"Synchronizing the implementation arrangement is part of a process to persuade the House, as well as the people, that the content of these agreements, the treaty on extradition and the defense cooperation agreement, does not lessen the sovereignty or the national interests of either of the two countries," he added.
Juwono said President Susilo Bambang Yudhoyono had ordered him and Foreign Affairs Minister Hassan Wirayuda to settle the ratification with commission I of the House. Ratification hinges on the discussion between the two ministers and the House on the framework of the agreements, as well as on crucial articles.
Juwono said the agreements would facilitate the interests of the two countries.
"This is a deal. We need to return many assets that were taken to Singapore, and at the same time Singapore needs space for training. This has become a heated issue only because it involves Singapore, which is usually an easy target for people in the House," Juwono said.
Indonesian training fields that could be used by the Singaporean military include Bravo area offshore Natuna and Ara Island in the Karimata Strait, both in the Riau Islands, for naval training; Baturaja in South Sumatra for army training and Alfas I and II in Tanjung Pinang and Natuna for air force maneuver training.
Juwono said the defense and extradition agreements were signed simultaneously because an agreement between President Susilo Bambang Yudhoyono and Singaporean Prime Minister Lee Hsien Loong on Oct. 24, 2005, in the Tampak Siring State Palace in Bali required the synchronized implementation of extradition and military cooperation.
"Developments in one agreement must refer to developments in the other agreement, but do not necessarily have to be linked to each other. Parallel, but not necessarily linked to each other, that was the term used," Juwono said.
Secretary general of the Defense Ministry, Lt. Gen. Sjafrie Sjamsoeddin, said his ministry would hold a working meeting with House Commission I for foreign affairs, defense and information on May 28 to explain in detail the agreements. (02)
The Jakarta Post, Jakarta
The Defense Ministry is synchronizing key issues for the implementation of the recently-signed defense treaties between Indonesia and Singapore as part of efforts to persuade the House of Representatives to ratify the documents.
Indonesia and Singapore signed a defense cooperation agreement and a military training area agreement in Bali last month, but must wait until these treaties are ratified by the respective Houses of the two countries.
"We are now synchronizing articles of the implementation arrangement between the armed forces of the two countries," Defense Minister Juwono Sudarsono told reporters Tuesday on the sidelines of the inauguration of two officers at the Defense Ministry.
Vice Adm. Soemardjono replaces Vice Adm.(ret) Iman Zaki as inspector general of the Defense Ministry, while Rear Adm. Tedjo Edi Purdianto replaces Rear Adm.(ret) Yuwendi as director general of defense planning.
"Synchronizing the implementation arrangement is part of a process to persuade the House, as well as the people, that the content of these agreements, the treaty on extradition and the defense cooperation agreement, does not lessen the sovereignty or the national interests of either of the two countries," he added.
Juwono said President Susilo Bambang Yudhoyono had ordered him and Foreign Affairs Minister Hassan Wirayuda to settle the ratification with commission I of the House. Ratification hinges on the discussion between the two ministers and the House on the framework of the agreements, as well as on crucial articles.
Juwono said the agreements would facilitate the interests of the two countries.
"This is a deal. We need to return many assets that were taken to Singapore, and at the same time Singapore needs space for training. This has become a heated issue only because it involves Singapore, which is usually an easy target for people in the House," Juwono said.
Indonesian training fields that could be used by the Singaporean military include Bravo area offshore Natuna and Ara Island in the Karimata Strait, both in the Riau Islands, for naval training; Baturaja in South Sumatra for army training and Alfas I and II in Tanjung Pinang and Natuna for air force maneuver training.
Juwono said the defense and extradition agreements were signed simultaneously because an agreement between President Susilo Bambang Yudhoyono and Singaporean Prime Minister Lee Hsien Loong on Oct. 24, 2005, in the Tampak Siring State Palace in Bali required the synchronized implementation of extradition and military cooperation.
"Developments in one agreement must refer to developments in the other agreement, but do not necessarily have to be linked to each other. Parallel, but not necessarily linked to each other, that was the term used," Juwono said.
Secretary general of the Defense Ministry, Lt. Gen. Sjafrie Sjamsoeddin, said his ministry would hold a working meeting with House Commission I for foreign affairs, defense and information on May 28 to explain in detail the agreements. (02)
Police, AGO push for Munir review
Tuesday, May 15, 2007
The Jakarta Post, Jakarta
The Attorney General's Office (AGO) has said it will use the dissenting opinion from the Supreme Court's ruling on human rights activist Munir Said Thalib's murder case to push for a case review.
The AGO claims this would also be advantageous for police efforts to present new evidence that would help in filing a case review.
The Supreme Court acquitted Garuda Indonesia off-duty pilot Pollycarpus Budiono Priyanto of Munir's murder due to a lack of evidence.
"There are three possibilities for filing a case review, but we have chosen the third possibility and we are enhancing the third construction with new evidence," Attorney General Hendarman Supandji told reporters Monday without elaborating on the possibilities.
Recently, police announced the emergence of new evidence, including a new key witness named Ongen Latuihamallo, which could lead to Pollycarpus sitting before the Supreme Court once again.
The police are still investigating two other suspects in the case, namely former Garuda Indonesia president director Indra Setiawan and Rohainil Aini, the secretary to Garuda's chief pilot.
Munir died from poisoning in September 2004 during a trip from Jakarta to Amsterdam, the Netherlands, on a Garuda flight. The results of an autopsy conducted by Dutch forensic experts on Oct. 13, 2004, showed that Munir's death was the result of an excessive amount of arsenic in his system.
Hendarman said he had asked the junior attorney general for general crime to coordinate with the National Police to strengthen the third construction with new evidence.
"Some witnesses have yet to be questioned, but I have asked them to be questioned before the end of the month," he said.
Meanwhile, National Police chief Gen. Sutanto said police would make every effort possible to aid the Attorney General's Office in reviewing the Munir murder case.
Sutanto told reporters on the sidelines of a meeting of police chiefs from Java and Bali that police would carry out intensive investigations by questioning a number of witnesses, including officials from the State Intelligent Agency.
"Nobody is above the law. Anyone suspected of involvement in the murder of Munir will be questioned," he was quoted as saying by Antara news agency.
Sutanto said, however, that police would not disclose details of their investigation so as not to compromise the on-going overall investigation.
Dismissing accusations from various quarters that the results of the police investigation into the Munir case have so far been fabrications, Sutanto said police would continue with their efforts to solve the case without responding to such allegations. (02)
The Jakarta Post, Jakarta
The Attorney General's Office (AGO) has said it will use the dissenting opinion from the Supreme Court's ruling on human rights activist Munir Said Thalib's murder case to push for a case review.
The AGO claims this would also be advantageous for police efforts to present new evidence that would help in filing a case review.
The Supreme Court acquitted Garuda Indonesia off-duty pilot Pollycarpus Budiono Priyanto of Munir's murder due to a lack of evidence.
"There are three possibilities for filing a case review, but we have chosen the third possibility and we are enhancing the third construction with new evidence," Attorney General Hendarman Supandji told reporters Monday without elaborating on the possibilities.
Recently, police announced the emergence of new evidence, including a new key witness named Ongen Latuihamallo, which could lead to Pollycarpus sitting before the Supreme Court once again.
The police are still investigating two other suspects in the case, namely former Garuda Indonesia president director Indra Setiawan and Rohainil Aini, the secretary to Garuda's chief pilot.
Munir died from poisoning in September 2004 during a trip from Jakarta to Amsterdam, the Netherlands, on a Garuda flight. The results of an autopsy conducted by Dutch forensic experts on Oct. 13, 2004, showed that Munir's death was the result of an excessive amount of arsenic in his system.
Hendarman said he had asked the junior attorney general for general crime to coordinate with the National Police to strengthen the third construction with new evidence.
"Some witnesses have yet to be questioned, but I have asked them to be questioned before the end of the month," he said.
Meanwhile, National Police chief Gen. Sutanto said police would make every effort possible to aid the Attorney General's Office in reviewing the Munir murder case.
Sutanto told reporters on the sidelines of a meeting of police chiefs from Java and Bali that police would carry out intensive investigations by questioning a number of witnesses, including officials from the State Intelligent Agency.
"Nobody is above the law. Anyone suspected of involvement in the murder of Munir will be questioned," he was quoted as saying by Antara news agency.
Sutanto said, however, that police would not disclose details of their investigation so as not to compromise the on-going overall investigation.
Dismissing accusations from various quarters that the results of the police investigation into the Munir case have so far been fabrications, Sutanto said police would continue with their efforts to solve the case without responding to such allegations. (02)
AGO urged to take lead in May riots probe
Tuesday, May 15, 2007
The Jakarta Post, Jakarta
Human rights activists told the Attorney General's Office on Monday to be more progressive in probing the May 1998 riots without waiting for a House of Representatives recommendation to set up an ad hoc human rights tribunal.
The activists said the Attorney General's Office (AGO) seemed more valiant when dealing with corruption cases, but was cowardly in handling human rights violations involving the military and the police.
Indria Fernida from the Commission for Missing Persons and Victims of Violence (Kontras) said the AGO should launch an investigation into the case considering its two central functions are investigation and prosecution.
"The House's recommendation of an ad hoc court is in the stage of prosecution and it would only happen if the AGO had held an investigation into the case," Indria said.
"How can we leave a decision as to whether a case is a human rights violation to a political body like the House? Don't mix law with politics."
Indriya said that instead of discussing technicalities such as the material and formal requirements of the case, the AGO should work together with the National Commission on Human Rights to solve such matters.
"We thought that Hendarman Supandji, as the new attorney general, would bring some new hope, but hearing these old arguments again and again makes us think it will still be difficult for the families of the victims to receive justice," Indriya said.
The meeting was scheduled to be attended by Hendarman, but the AGO was represented only by its spokesman Salman Maryadi and human rights director Moch. Djaenuddin.
The meeting was immediately heated by Salman's opening statement that the AGO was unable to launch an investigation into the 1998 riots because it occurred prior to the enactment of the 2000 Human Rights Court Law.
"According to Article 23 of the law, cases that took place before 2002 are under the jurisdiction of an ad hoc court, which should be recommended by the House," Salman told the meeting.
He said that because no specific procedures existed pertaining to human rights trials, the Criminal Code Procedures were applicable.
The procedures demand, however, that unless a case meets specific material and formal requirements, it could be rejected or the perpetrator could be exonerated.
"We don't want this to happen. This is not because we are reluctant, but because we don't want to fail," Salman told the meeting.
Indriya said, however, that the AGO was showing its reluctance to work with the human rights commission in cases involving abducted activists by, for example, refusing to investigate crime scenes listed by the commission.
Edwin Partogi, also from Kontras, said the AGO had acted cowardly in its probing of human rights violations, hinting that military hegemony still exists in the office.
"The AGO seems to be very brave when handling corruption cases, but it seems to never consider tortures, killings, rape, burnings and looting as crimes ... with every reason they are trying to reject investigations, even by manipulating the law," Edwin said.
"There is no single article in the 2002 law preventing you from launching an investigation. There is no law broken if you launch an investigation. Just enforce the law and don't mix it with political considerations," he added. (02)
The Jakarta Post, Jakarta
Human rights activists told the Attorney General's Office on Monday to be more progressive in probing the May 1998 riots without waiting for a House of Representatives recommendation to set up an ad hoc human rights tribunal.
The activists said the Attorney General's Office (AGO) seemed more valiant when dealing with corruption cases, but was cowardly in handling human rights violations involving the military and the police.
Indria Fernida from the Commission for Missing Persons and Victims of Violence (Kontras) said the AGO should launch an investigation into the case considering its two central functions are investigation and prosecution.
"The House's recommendation of an ad hoc court is in the stage of prosecution and it would only happen if the AGO had held an investigation into the case," Indria said.
"How can we leave a decision as to whether a case is a human rights violation to a political body like the House? Don't mix law with politics."
Indriya said that instead of discussing technicalities such as the material and formal requirements of the case, the AGO should work together with the National Commission on Human Rights to solve such matters.
"We thought that Hendarman Supandji, as the new attorney general, would bring some new hope, but hearing these old arguments again and again makes us think it will still be difficult for the families of the victims to receive justice," Indriya said.
The meeting was scheduled to be attended by Hendarman, but the AGO was represented only by its spokesman Salman Maryadi and human rights director Moch. Djaenuddin.
The meeting was immediately heated by Salman's opening statement that the AGO was unable to launch an investigation into the 1998 riots because it occurred prior to the enactment of the 2000 Human Rights Court Law.
"According to Article 23 of the law, cases that took place before 2002 are under the jurisdiction of an ad hoc court, which should be recommended by the House," Salman told the meeting.
He said that because no specific procedures existed pertaining to human rights trials, the Criminal Code Procedures were applicable.
The procedures demand, however, that unless a case meets specific material and formal requirements, it could be rejected or the perpetrator could be exonerated.
"We don't want this to happen. This is not because we are reluctant, but because we don't want to fail," Salman told the meeting.
Indriya said, however, that the AGO was showing its reluctance to work with the human rights commission in cases involving abducted activists by, for example, refusing to investigate crime scenes listed by the commission.
Edwin Partogi, also from Kontras, said the AGO had acted cowardly in its probing of human rights violations, hinting that military hegemony still exists in the office.
"The AGO seems to be very brave when handling corruption cases, but it seems to never consider tortures, killings, rape, burnings and looting as crimes ... with every reason they are trying to reject investigations, even by manipulating the law," Edwin said.
"There is no single article in the 2002 law preventing you from launching an investigation. There is no law broken if you launch an investigation. Just enforce the law and don't mix it with political considerations," he added. (02)
Regional council, experts battle govt over constitution amendment
Saturday, May 12, 2007
The Jakarta Post, Jakarta
The government's opposition to further amendments to the 1945 Constitution is being challenged by the Regional Representatives Council (DPD) and experts, who say the regions are not yet fully represented in the law-making process.
The DPD has called for the amendment of Article 22 of the Constitution to strengthen its position vis-a-vis the House of Representatives (DPR), which has been accused of sidelining the DPD during the deliberation of important laws.
The regional council has argued that its legislative rights are currently limited to merely preparing bills linked to regional interests and that a strengthening of its position would greatly aid the implementation of regional autonomy, as well as establish a proper bicameral system of representation.
"The other political institutions, such as the DPR, do not really represent regional interests as they adhere more to political parties and are Jakarta-oriented," said Siti Zuhro, an expert from the Indonesian Institute of Sciences (LIPI), during a talk show Friday.
The DPD should be given the authority to provide clear and concrete contributions and also to improve the check-and-balance system, Siti said.
"We need an institution that really represents regional interests. What is the point in creating an institution and providing it with a huge amount of money but not giving it an adequate role?" she asked. "That is just squandering time and money."
Siti said Article 22 of the Constitution explicitly subordinates the DPD and therefore requires amendment.
Muhammad Qodari, an observer from Indo Barometer, told the discussion that good political communication between the DPD, the House and the public would reduce the fear that the Constitution might be extremely revised, and help people opposing amendment to understand that only one article is being targeted.
"If the public becomes less resistant, the House might be more willing to support the amendment," Qodari said.
Former state secretary Yusril Ihza Mahendra said Article 22 was the result of a political compromise between opposing political powers during the four rounds of constitutional amendment between 1999 and 2002.
Yusril said that if amending the Constitution was found to be too difficult, it may be more effective to revise the 2003 Law on the Composition and Structure of the People's Consultative Assembly (MPR), the DPR and Provincial and Regental Legislatures.
This law puts the DPD in a position similar to that of a faction that is involved only in the early stages of the deliberation of a law.
Yusril said that by revising the 2003 law, the DPD would be able to fully participate in deliberating laws as they see fit.
In order to prevent a protracted amendment process, he also suggested the amendment of Article 22 be done simultaneously with the revision of the law on political parties.
Bambang Suroso, a DPD member, said the limited role of the DPD made it difficult for its members to be accountable to their constituents.
"We are like spectators to the legislation process. We have proposed 92 products of legislation with seven among them really accommodating local aspirations. We never know what the DPR will do about this legislation," Bambang said.
"How can we prove our moral or political responsibility to our constituents?"
The Democratic Party faction withdrew its support for the proposal following an announcement by the faction's chairman, Syarief Hassan, that 23 party legislators, who had previously agreed to the proposed amendment, had declined to sign.
Chapters 3 and 37 of the Constitution state that the only body with authority to amend the Constitution is the MPR, which requires at least one-third of its 677 members to approve such a proposal. (02)
The Jakarta Post, Jakarta
The government's opposition to further amendments to the 1945 Constitution is being challenged by the Regional Representatives Council (DPD) and experts, who say the regions are not yet fully represented in the law-making process.
The DPD has called for the amendment of Article 22 of the Constitution to strengthen its position vis-a-vis the House of Representatives (DPR), which has been accused of sidelining the DPD during the deliberation of important laws.
The regional council has argued that its legislative rights are currently limited to merely preparing bills linked to regional interests and that a strengthening of its position would greatly aid the implementation of regional autonomy, as well as establish a proper bicameral system of representation.
"The other political institutions, such as the DPR, do not really represent regional interests as they adhere more to political parties and are Jakarta-oriented," said Siti Zuhro, an expert from the Indonesian Institute of Sciences (LIPI), during a talk show Friday.
The DPD should be given the authority to provide clear and concrete contributions and also to improve the check-and-balance system, Siti said.
"We need an institution that really represents regional interests. What is the point in creating an institution and providing it with a huge amount of money but not giving it an adequate role?" she asked. "That is just squandering time and money."
Siti said Article 22 of the Constitution explicitly subordinates the DPD and therefore requires amendment.
Muhammad Qodari, an observer from Indo Barometer, told the discussion that good political communication between the DPD, the House and the public would reduce the fear that the Constitution might be extremely revised, and help people opposing amendment to understand that only one article is being targeted.
"If the public becomes less resistant, the House might be more willing to support the amendment," Qodari said.
Former state secretary Yusril Ihza Mahendra said Article 22 was the result of a political compromise between opposing political powers during the four rounds of constitutional amendment between 1999 and 2002.
Yusril said that if amending the Constitution was found to be too difficult, it may be more effective to revise the 2003 Law on the Composition and Structure of the People's Consultative Assembly (MPR), the DPR and Provincial and Regental Legislatures.
This law puts the DPD in a position similar to that of a faction that is involved only in the early stages of the deliberation of a law.
Yusril said that by revising the 2003 law, the DPD would be able to fully participate in deliberating laws as they see fit.
In order to prevent a protracted amendment process, he also suggested the amendment of Article 22 be done simultaneously with the revision of the law on political parties.
Bambang Suroso, a DPD member, said the limited role of the DPD made it difficult for its members to be accountable to their constituents.
"We are like spectators to the legislation process. We have proposed 92 products of legislation with seven among them really accommodating local aspirations. We never know what the DPR will do about this legislation," Bambang said.
"How can we prove our moral or political responsibility to our constituents?"
The Democratic Party faction withdrew its support for the proposal following an announcement by the faction's chairman, Syarief Hassan, that 23 party legislators, who had previously agreed to the proposed amendment, had declined to sign.
Chapters 3 and 37 of the Constitution state that the only body with authority to amend the Constitution is the MPR, which requires at least one-third of its 677 members to approve such a proposal. (02)
Don't choose rotten judges, say activists
Thursday, May 10, 2007
The Jakarta Post, Jakarta
Activists and observers are demanding that the Judicial Commission and the House of Representatives prioritize quality over quantity in selecting candidates for Supreme Court judgeship.
The Judicial Commission, as mandated by the Constitution, is responsible for selecting potential Supreme Court justices, who must then be screened by the House of Representatives through a fit-and-proper test.
To fill the six currently vacant positions on the Supreme Court, the commission recommended six candidates to the House of Representatives on Nov. 6, 2006. However, on Nov. 15, the House postponed the fit-and-proper test because Article 18 of the 2004 Law on the Judicial Commission requires at least three candidates for each vacant position.
As a result of this decision, the Judicial Commission held another selection round this year and fulfilled the House's demands by listing 16 more candidates from among the 105 applicants.
"We don't expect that the Judicial Commission will only look for quantity and sacrifice the quality of judges," said Emerson Yuntho, from Indonesian Corruption Watch (ICW), during a meeting between commission members and activists from the Judicial Watch Coalition on Wednesday.
"We are afraid that in order to avoid objections from the House, the commission will force itself to pass 12 new candidates, although they may not be qualified," Emerson said.
The Judicial Watch Coalition comprises 10 rights organizations including the ICW, the Commission for Missing Persons and Victims of Violence (Kontras), the Institute for a Criminal Justice System, the Jakarta Legal Aid Institute and the Indonesian Legal Aid Foundation.
The coalition requested that the commission not choose judges wishing only to see out their careers on the Supreme Court.
"If the commission forces itself to pass through any problematic candidates, we will have more problems and a worse court mafia than ever," Emerson said.
Citing the 2003 selection of members for the National Human Rights Commission, Ori Rahman from Kontras said the commission should avoid selecting incapable candidates.
Ali Nursahid, also from Kontras, said that considering the previous court's history of granting impunity to alleged rights violators, a careful investigation into the backgrounds of candidate justices is required.
"From three cases of human rights violations that have been tried, namely the Abepura, Tanjung Priok and East Timor cases, the Supreme Court, which should guard human rights enforcement, to the contrary perpetrated impunity upon the perpetrators," Ali said.
He urged the commission to base its selections on international standards such as the candidate's expertise in international law and human rights.
In response to activists' anxieties, the head of the commission, Busyiro Muqoddas, said the commission had learned from the first round of candidate selections and improved its methodology.
Busyiro said the unexpected decisions regarding the human rights cases were not only related to the intellectual capacities of the judges but also to their mentalities.
He agreed that the commission should prioritize quality over quantity, and that notions of quality should be based on clear standards and criteria. (02)
The Jakarta Post, Jakarta
Activists and observers are demanding that the Judicial Commission and the House of Representatives prioritize quality over quantity in selecting candidates for Supreme Court judgeship.
The Judicial Commission, as mandated by the Constitution, is responsible for selecting potential Supreme Court justices, who must then be screened by the House of Representatives through a fit-and-proper test.
To fill the six currently vacant positions on the Supreme Court, the commission recommended six candidates to the House of Representatives on Nov. 6, 2006. However, on Nov. 15, the House postponed the fit-and-proper test because Article 18 of the 2004 Law on the Judicial Commission requires at least three candidates for each vacant position.
As a result of this decision, the Judicial Commission held another selection round this year and fulfilled the House's demands by listing 16 more candidates from among the 105 applicants.
"We don't expect that the Judicial Commission will only look for quantity and sacrifice the quality of judges," said Emerson Yuntho, from Indonesian Corruption Watch (ICW), during a meeting between commission members and activists from the Judicial Watch Coalition on Wednesday.
"We are afraid that in order to avoid objections from the House, the commission will force itself to pass 12 new candidates, although they may not be qualified," Emerson said.
The Judicial Watch Coalition comprises 10 rights organizations including the ICW, the Commission for Missing Persons and Victims of Violence (Kontras), the Institute for a Criminal Justice System, the Jakarta Legal Aid Institute and the Indonesian Legal Aid Foundation.
The coalition requested that the commission not choose judges wishing only to see out their careers on the Supreme Court.
"If the commission forces itself to pass through any problematic candidates, we will have more problems and a worse court mafia than ever," Emerson said.
Citing the 2003 selection of members for the National Human Rights Commission, Ori Rahman from Kontras said the commission should avoid selecting incapable candidates.
Ali Nursahid, also from Kontras, said that considering the previous court's history of granting impunity to alleged rights violators, a careful investigation into the backgrounds of candidate justices is required.
"From three cases of human rights violations that have been tried, namely the Abepura, Tanjung Priok and East Timor cases, the Supreme Court, which should guard human rights enforcement, to the contrary perpetrated impunity upon the perpetrators," Ali said.
He urged the commission to base its selections on international standards such as the candidate's expertise in international law and human rights.
In response to activists' anxieties, the head of the commission, Busyiro Muqoddas, said the commission had learned from the first round of candidate selections and improved its methodology.
Busyiro said the unexpected decisions regarding the human rights cases were not only related to the intellectual capacities of the judges but also to their mentalities.
He agreed that the commission should prioritize quality over quantity, and that notions of quality should be based on clear standards and criteria. (02)
Silent protest won't happen again, says Timor commission member
Wednesday, May 09, 2007
The Jakarta Post, Jakarta
The surprising silent protest by East Timorese members of the joint Indonesia-Timor Leste commission at its recent hearing is expected to be the first and the last because such action could hamper commission activities.
"How can we look for the truth if we cannot retain a certain level of friendship," East Timorese commission member Maria Olandina Alves told The Jakarta Post on Tuesday.
The East Timorese members staged the protest Friday, the fourth day in a series of Commission for Truth and Friendship (CTF) public hearings.
During the afternoon of Friday's session, while hearing the testimony of former Suai police chief Sr. Comr. Gatot Subiyaktoro, all East Timorese commission members remained silent in a protest against commission co-chairman Benjamin Mangkoedilaga of Indonesia.
During an earlier session Friday, victim of pro-independence military violence Bertha dos Santos was forbidden by Benjamin from answering a question asked by Olandina.
However, Olandina said commission members from the two countries solved the problem during an internal meeting later that evening.
"We didn't plan the action at all -- it just happened naturally because we were shocked by co-chairman's actions," said Olandina.
"We hope this accident is first and the last, as it might impact our mission to find the truth," she said.
Olandina, a former East Timor provincial councilor from the Indonesian Democratic Party, dismissed allegations from the international community and activists that the commission would provide impunity for those responsible for human right violations around the 1999 United Nation-sponsored referendum.
"Such action would be unlikely," she said.
"Although the commission will recommended amnesty, it has a tight criteria for any such recommendation.
"We may consider a (cooperative admittance of crimes) from the perpetrators to prevent any easy amnesty arrangement."
If this occurs it will mean the perpetrators must admit their crimes and ask for apology, said Olandina.
"Coming to testify before the commission doesn't mean someone is being cooperative.
"We have not reached a conclusion yet, but the public will easily see who has acted in a cooperative manner during the commission," she said.
Olandina also said public testimony was just one of many methods used by the commission to reveal the truth.
Other methods include taking statements and thorough research, she said.
"We are now in the investigation phase, which will show whether a particular act or policy was right or wrong, according to human rights criteria," she said.
The next hearing will be in Kupang, East Nusa Tenggara province and in Dili, East Timor. Final decisions on the time frame will be made at CTF's meeting in Bali from May 22-26.
The hearing in Kupang will have a number of former regents and police chiefs as well as referendum observers from the Carter Center and the Independent Committee for Direct Ballot Monitoring.
The commission in Dili will hear testimonies from President Xanana Gusmao, Prime Minister Ramos Horta and East Timor military chief Brig. Gen. Taur Matan Ruak. (02)
The Jakarta Post, Jakarta
The surprising silent protest by East Timorese members of the joint Indonesia-Timor Leste commission at its recent hearing is expected to be the first and the last because such action could hamper commission activities.
"How can we look for the truth if we cannot retain a certain level of friendship," East Timorese commission member Maria Olandina Alves told The Jakarta Post on Tuesday.
The East Timorese members staged the protest Friday, the fourth day in a series of Commission for Truth and Friendship (CTF) public hearings.
During the afternoon of Friday's session, while hearing the testimony of former Suai police chief Sr. Comr. Gatot Subiyaktoro, all East Timorese commission members remained silent in a protest against commission co-chairman Benjamin Mangkoedilaga of Indonesia.
During an earlier session Friday, victim of pro-independence military violence Bertha dos Santos was forbidden by Benjamin from answering a question asked by Olandina.
However, Olandina said commission members from the two countries solved the problem during an internal meeting later that evening.
"We didn't plan the action at all -- it just happened naturally because we were shocked by co-chairman's actions," said Olandina.
"We hope this accident is first and the last, as it might impact our mission to find the truth," she said.
Olandina, a former East Timor provincial councilor from the Indonesian Democratic Party, dismissed allegations from the international community and activists that the commission would provide impunity for those responsible for human right violations around the 1999 United Nation-sponsored referendum.
"Such action would be unlikely," she said.
"Although the commission will recommended amnesty, it has a tight criteria for any such recommendation.
"We may consider a (cooperative admittance of crimes) from the perpetrators to prevent any easy amnesty arrangement."
If this occurs it will mean the perpetrators must admit their crimes and ask for apology, said Olandina.
"Coming to testify before the commission doesn't mean someone is being cooperative.
"We have not reached a conclusion yet, but the public will easily see who has acted in a cooperative manner during the commission," she said.
Olandina also said public testimony was just one of many methods used by the commission to reveal the truth.
Other methods include taking statements and thorough research, she said.
"We are now in the investigation phase, which will show whether a particular act or policy was right or wrong, according to human rights criteria," she said.
The next hearing will be in Kupang, East Nusa Tenggara province and in Dili, East Timor. Final decisions on the time frame will be made at CTF's meeting in Bali from May 22-26.
The hearing in Kupang will have a number of former regents and police chiefs as well as referendum observers from the Carter Center and the Independent Committee for Direct Ballot Monitoring.
The commission in Dili will hear testimonies from President Xanana Gusmao, Prime Minister Ramos Horta and East Timor military chief Brig. Gen. Taur Matan Ruak. (02)
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