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INTERNATIONAL LAW
2009, 2008
[November 2009]
Indonesia and Malaysia finally come
to an initial agreement over the
Indonesia Domestic workers in
Malaysia.
The said which issues are crucial
due to many human rights abuses by
the Malaysian Employers. The points
in agreements covers the issue of
minimum wages, paid insurance by the
employer, one day weekly leave,
passports hold by the employee and
finally compulsory psychological
test for employers prior to
employment. The Malaysian government
have objection over the paid
salaries, admitting that most
Malaysians homes are not in the
capacity to pay salary of 250 US
dollars per month to the domestic
workers, particularly after the
financial crisis where poor families
increases significantly in Malaysia.
Indonesia also urge psychological
test for Malaysian employers, since
in most cases of human rights abuses
towards Indonesian domestic workers
by the Malaysians are identified
that the most Malaysian employers
are mentally ill. Trasnsparent and
qualified legal system is also
another issue in Malaysia, where
most criminal cases of human abuses
no yet settled.
[October 2009]
Indonesia at Strategic Level in G-20. The Indonesian President Susilo
Bambang Yudhoyono in his speech at
the G-20 in Pittsburgh last
September, welcomes the permanent
G-20 as an institution where
Indonesia is included. He expected
G-20 to bring a better civilization,
representing the east and the west,
and even Islamic Civilization and a
forum to build a much safer world.
He is of the opinion that G-20
replacing G-8, will play different
significant role than G-7 or G-8,
which both G-7 ands 8 only
represents developed countries,
mostly from Europe, except Japan as
Asian representation. Indonesia sit
at number 16 on the world’ big
economic growth.
Keris, Wayang and Batik, an Indonesian original Common World Heritage
of Mankind. Following the UNESCO
Recognition of Indonesia original
cultural world heritage of Keris and
Wayang since 2003, now UNESCO agreed
Batik (an Indonesian traditional
sheets used for clothing) as
Indonesia’ original cultural world
heritage since September 2009, a
ceremony to be held in Abu Dhabi 2
October 2009. The Common World
Heritage of Mankind of UNESCO is one
of three lists made under the UNESCO
2003 on the Protection of Cultural
Heritage of Mankind, where
Indonesian is one of the ratifying
country. The recognition is part if
the effortless Indonesian government
attempt since 2008, though projects
of intensive researches in the
field, involving the community and
Batik experts at 17 out of 33
provinces all over Indonesia. The
UNESCO after 2 years of
considerations by 6 countries,
considers that Batik indeed is
originally an Indonesian nation
cultural icon with unique of symbols
and philosophy of human life cycle.
It represents not only Indonesia,
but also mankind. Batik is
considered a traditional art with
rich of cultural values maintained
for generations. The Indonesian
Minister of Culture is now
attempting to include Angklung (a
traditional bamboo music
instruments), to be the next
recognition by the UNESCO.
[September 2009]
Dispute Over Songs between Indonesia
and Malaysia.
The Indonesian song titled ‘Terang Bulan’
and Malaysian national anthem called
‘Negaraku’, are exactly same in its
introduction and intonation, except
for the lyrics and patriotical beat for the Malaysian Anthem. According
to Lokananta, an Indonesian State
Enterprise in recordings, the
Indonesian ‘Terang Bulan’ song was
recorder by Lokananta in a choir
version at the Republic of Indonesia
Government Radio in 1956, a year
earlier to Malaysia independence.
The recorded song was copied into
phonograph and sited in Lokananta
Archive in 1965. Lokananta Archive
only stated that the said song is an
entertainment song or a popular
public song, in Keroncong genre
categorization, on 11 minute and 15
second duration and without a
composer name. The said song
rerecorded to a phonograph on 16
March 1965, together with 3 other
keroncong genre songs. ‘Terang Bulan’
was popular in Indonesia years
before recorded. The old generation
who lived on the era of the said
song must be agree that the
Malaysian national anthem ‘Negaraku’
was copied from ‘Terang Bulan’.
KPK formed cooperation with 3
Australian state departments for
corruption eradication.
The said departments are The
Attorney General Department (AGD),
The Australian Commission for Law
Enforcement Integrity (ACLEI) - a
state department similar to KPK in
Australia, and The Australian Public
Service Commission (APSC) - a
department supervising the state
official in Australia. The said
cooperation covers information
exchange, corruption eradication
strategy, and strengthening the
linkage in each department on both
countries. KPK stated that the
essence of this cooperation is in
the capacity building, competency
upgrades through training and
exchange of experts, such as in the
issues of intelligent, information
gathering, investigation, allegation
process, and mutual legal
assistance, and also extradition.
Through this cooperation, the
corruption eradication expected to
be more effective. The cooperation
in extradition issue for example,
will guarantee that the corruptor
and its assets be caught even if
they are escapeing to Australia
[August 2009]
Malaysia back on the Black List of
Human Trafficking: US Government.
The list is due to the failure of
the Malaysian government to meet
minimum requirement and less
significant effort of human
trafficking, a list which put
Malaysia from Watch List status in
2008 and Blacklist status in 2007
together with other 16 countries
such as Saudi Arabia, Kuwait, Chad,
Eritrea, Nigeria, Mauritania,
Swaziland, and Zimbabwe. In respond,
the Malaysian government refused, by
saying they have taken significant
moves to solve it. The said
announcement is on US Report in the
‘Trafficking in Persons Report 2009’
at 173 countries all over in the
world.
[July 2009]
Unites States President, Barrack
Obama congratulate Susilo Bambang
Yudhoyono for Success.
The statement through the White
House official website of the United
State of America, where the US
President Barrack Obama congratulate
Indonesian President Susilo Bambang
Yudhoyono (SBY) for his success to
held the 2009 general election and
win it. SBY thank and welcomed the
salutation statement from President
Barrack Obama.
[June
2009]
Malaysia Navy trespassed Indonesian
Seawaters at Ambalat.
The move by Malaysian Navy and
coastguards at the Ambalat areas in
late May 2009, was then ordereds to
leave the waters by the Indonesian
sea patrol KRI Untung Suropati. The
appearance of KD Yu-3508 (Malaysian
navy boat) fast attack craft-gun
type boat, on 04.03.00 LU/118.01.70
East Longitude position, already
entered Indonesia territory at 12
sea miles, clearly violating the
UNCLOS on sea border territory. The
moves were held more than 10 times
by Malaysian navy and airships for
the last 1 month, have increased
tensions between both governments
and Defense Secretaries. To avoid
from further gun attacks, the
Malaysian Parliament and Malaysian
Minister of Defense has submitted
its formal apology to the Indonesian
government, mid June 2009.
Material Transfer Agreement agreed
by the World Health Assembly (WHA).
Indonesian Minister of Health
figured that 90% success has been
reached by the Indonesian party. It
is expected that with the SMTA,
Indonesia can get direct access for
the utilization (the progress, the
research, for vaccines uses and the
party who uses) of Indonesian
viruses or materials being shared to
the WHA. WHA is the highest World
Healthy Organization hearing forum.
Standard Material Transfer Agreement
(SMTA) is an agreement to share
viruses or sample.
[May
2009]
Indonesian Navy caught Malaysian
Fishing Boat in Riau Island of the
Indonesian Territorial Waters for
Illegal Fishing.
According to the Indonesian Balai
Karimun Navy HQ Commander, Navy
Lieutenant Colonel Kusmayadi, the 5
Malaysians are still under
investigation for illegal fishing at
the Iyu Kecil territorial watery,
Karimun regency, Kepri Province,
which violated Law No. 31 year 2004
on Fisheries. The Malaysian fishing
boat number JHF 58 B GT 6,37,
captained by Lee Book Soen is
exploring fish from Kukup Laut,
Pontian, Malaysia, . entered the
Indonesian territorial waters with
fish trap. According to statistic,
released by the Indonesian Minister
of Marine and Fisheries Freddy
Numberi. illegal fishing at the
Indonesian waters has caused Rp. 30
billion state loss, annually, which
is decreasing lately. Illegal
fishing is mainly triggered by lack
of raw materials in the China, the
Phillipines and Thailand, where
illegal fishing at the Indonesian
waters is seen as an alternative.
The said legal issues of marines and
fisheries are now being handled
through the signing of MOU by the
Indonesian General Attorney and the
Ministry of Fisheries to force the
said countries to establish fishery
industries in Indonesia instead of
illegal fishing.
[March 2009]
Italian Minister of Foreign Affairs, Franco Frattini:
Tolerance in Indonesia, a Model for the World to Learn. The International Conference on “Unity in Diversity, the Culture of
Coexistence in Indonesia” in Rome, was held by the
cooperation of the Indonesian and Italian government
with Communità di Sant’ Egidio. It is said that,
Indonesia is a country with the largest Moslem
population in the world, as well as a model for the
moderate Islamic tradition, who live side by side
peacefully with other religions for over hundred years.
Prof. Andrea Riccardi, the founder of Sant’ Egidio, said
that Indonesia is a plurality laboratory (pluralism),
and the world needs civilization, where people shall
live side by side, peacefully (so called 'civilization
of coexistence'). This conference is a forum to learn
and share experiences, and its aim is to build a
high-level dialog between representatives of Islamic
organization in Indonesia and scholars from Italia. The
resource persons from Indonesia are General Principal of
PBNU KH. Hasyim Muzadi, Prof. Dr. Bachtiar Effendi,
Prof. Dr. Siti Musdah Mulia, Prof. Dr. Azyumardi Azra,
Uskup Martinus D. Situmorang, representative from
Indonesian State Ministry Prof. Atho Muzhar, Prof. Dr.
Komaruddin Hidayat dan Dr. Fatimah Husein. Indonesia
also stated its willingness to be the home country for
the upcoming conference next year.
WIEF: Jakarta Declaration by Islamic Countries.
The World Islamic
Economic Forum on its the 5th conference in
Jakarta, Indonesia, declared the mutual agreement
between Islamic countries called the ‘Jakarta
Declaration’. One of the important points is to
accommodating the Indonesian government proposal,
brought by the Indonesian President Soesilo Bambang
Yudhoyono on the structuring the support fund from and
used by the syariah (Islamic Law) economic based
countries or known by
Islamic Expenditure Support
Fund. The Jakarta Declaration then establishes seven
groups of recommendation, namely (1) recommendation to
overcome global financial crisis, (2) steps to secure
food product, (3) energy protection, (4) the global
development of small and medium size business, (5) the
development of business conducting by women in Moslem
country, (6) the capacity development of young leader in
the Islamic Conference Organization (OKI) country, and
(7) the agreement on education development.
Indonesian and Australian Government signed MOU on Visa.
The annual 100 double -function visa is particularly
designed for Indonesian students both for holiday and
work, valid for students age of 18-30 years old subject
to requirements the ability to speak both countries
languages, healthy, good behavior, and single. The aim
of this MOU is to provide chances for Indonesian
students to travel and learn about the life, culture,
economy of the neighboring country, while working as
their source of fund during holiday. Indonesia is the 7th
country in agreement on the implementation of this
double function visa. The 100 initial visas is subject
to examination the upcoming year.
Indonesian and Australian Government signed MOU Human
Trafficking.
The
MOU is to avoid the case where Indonesia has become a
pivot point for this trafficking to Australia. Both
Indonesian Minister of Law and Human Rights, Andi
Matalata, and Australian Minister of immigration and
Citizenship, Chris Evans agree to discuss the details in
the upcoming Bali Peace Meeting, such as Rohingya tribe
from Burma. For the latter particular case, Indonesia
has its policy to provide an immigration detention house
in Tanjung Pinang, while seeks for an integrated
solution in a short time.
[February 2009]
The US State Secretary Hillary
Rodham Clinton visited Indonesia.
The 2 days official visit will cover
various issues between the US,
Indonesia and ASEAN. Hillary Clinton
on behalf of the US Government
expects both countries will reach
new form of cooperation in law
supremacy, peaceful resolution of
conflict, human rights, education,
health, environment, good
governance, and mutual understanding
Further, Hillary expresses her good
impression of Indonesia in
democracy, Islam and progress of
role of Indonesian women. Hillary
Clinton, once a leading American
lawyer and a Senator, is also fully
aware of hardships faced by the
current Indonesian administration
led by President Susilo Bambang
Yudoyono due to multi dimensional
and great pressures to undergo
managing 240 millions of people. The
official visit, the first and only
country in Southeast Asia, is also
expected to built and recover US'
unpopular image due to its past
international political regime.
US
to play more role in
ASEAN. The official statement
was delivered by the US Secretary of
State Hillary Rodham Clinton during
the official visit to the ASEAN
Secretariat in Jakarta, Indonesia.
US current administration expects to
accelerate the signing of Treaty of
Amity and Cooperation in the
Southeast Asia. The Minister also
admitted that this is the first time
the US emphasized its foreign policy
toward ASEAN member countries in
order to empower a productive ties
through cooperation, which under the
previous US administration was not
on priority. The US region strategic
positioning in ASEAN are being
mapped as a region
characterized by its particular
orientation in trade, significant
economy power, and as a key to solve
problem in climate change and
terrorism. The ASEAN Secretariat in
response, is of the opinion that US
current administration views its
commitments in politics and security
over the region. Technically, the US
will soon attend the ASEAN Post
Ministerial Meeting in Bangkok, this
July, and implementation through
facilitation and training support
for the ASEAN staff at the
ASEAN Secretariat.
Indonesian Captain involved in an
Incident at Vladivostok, Russia.
The captain and other 5 Indonesian
sailor at a China cargo ships,
failed to escape after the cargo
sunked at the Vladivostok Port, shot
by the port authority of Russia this
February. The cargo ships was
earlier detained by the Vladivistok
Port Authority for goods being
disputed between the buyer in Russia
and Seller from China. However, the
captain was then forced by the ship
owner in China to leave without
authorization from the port
authority, compelling the port
authority to shoot the cargo. The
captain fortunately signed a release
of discharge with the ship owner,
prior to the incident, knowing his
action might took serious legal
consequences. The Indonesian Embassy
in Moscow has act proportionally
under the Vienna Convention 1965 on
Diplomatic Relation, by protecting
the 6 Indonesians abroad.
Indonesian School in the
Netherland represent Indonesia at
the UN International Conference
Simulation. The official name
The Hague International Model United
Nation (THIMUN) will be participated
by students from various countries,
with agenda to train participants to
act as diplomat at UN IGO forum to
discuss issues in international
politics, globalization, effective
communication, and multilateral
diplomacy. The said 12 Indonesian
students will be supervised by 3
other Indonesian teachers.
Indonesian Commission on
Corruption Eradication (KPK) and
Indonesian State Auditor (BPK) Found
Mismanagement of Foreign
Loan. KPK and BPK will
investigate The Indonesian National
Economy Planning and Development
Body (BAPPENAS), The Central Bank
(BI), Department of Finance (Depkeu),
and other state enterprises due to
mis-utilization of those foreign
loans. According to KPK, the number
from Department of finance record
reached Rp 450 trillion, while the
Central bank verse shows Rp 443
trillion. According to BPK, from
1967 to 2005 only 44% of the foreign
loan used appropriately, while the
other 56% is used unclearly. KPK
will then check whether these falls
into legal issue or administration
fault. BPK wish to have a clearer
versions due growing numbers of loan
repayment.
[January
2009]
5 Australians Charged 2 Years
Imprison for Illegal Trespassing by
Merauke’s District Court. They
are who illegally landed with small
aircraft with no flight clearance at
Papua small airport on 12 September
2008. The four passengers are Vera
Scott Bloxom, Karen Burke, Hubert
Hofer and Keit Rowals Mortimer who’s
sentenced to two years in prison and
fined Rp 25 million (USD 2,600) for
violating Articles 53 and 6 of Law
No. 9/1992 on immigration, while the
pilot Scott Bloxom, is sentenced to
three years in prison and fined Rp
50 million (USD 5,200) for violating
Articles 58 and 13 (2) of Law No.
15/1992 on aviation. The 5
Australians told the police that
their purpose of visit was
sightseeing. They board a light
(twin-piston) P-68 aircraft,
registration code VH-PFP, and landed
on Mopah, Merauke. Responding the
court verdict, the defendant request
for an appeal. Meanwhile, an
Australian media (cairns.com.au)
reported, that an Australian
parliament member had already
contact the Australian PM and
Minister of Foreign Affairs to find
a guarantee that the federal
government will make their best
effort to defend the five
defendants.
2008
[December 2008]
Malaysians still Contribute High
Crime Against Humanity towards
Indonesian Domestic Workers in
Malaysia. According to the
Indonesian Consulate Offices and
Embassy in Malaysia, the data shows
that most cases occurred and
complained by Indonesian domestic
workers by their Malaysian
employers, are the unpaid salaries
by the Malaysians mostly in Kuala
Lumpur with 235 cases in 2008, where
the figure decreased than 2007 (231)
but worst in 2006 (310). In the last
three years back, the statistic
shows that other problems explained
by the Indonesian workers are that
the works are too hard, with figure
of 34 complains in 2008, 87 (2007)
and 97 (2006). Fraud by the
employers are 33 cases (2008), 51
(2007) and 56 (2006), dismissal
10-39-22, for 3 years back
respectively; no working adjustment
0-123-153, tortured by the employer
42-106-141, abandoned 8-17-14, below
age trafficked 36-19-20. The new
crimes in 2008 committed by
Malaysians also shown as, employing
them as prostitutes 22), employing
them for two mistress 11.
WHO
Benefit Sharing Finally Agreed.
The World Health Organization (WHO) finally agrees the
new mechanism, as strongly proposed by Indonesian
Minister of Health replacing the old one sided
affairs-mechanism called 'Global Influenza Surveillance
Network' to solving bird flu under the WHO Influenza
Network Mechanism. The new mechanism will share virus
samples implemented under full and transparent Standard
Material Transfer Agreement (SMTA), an agreement to put
the party such Indonesia parties into first priority in
medicine support for free. The Agreement was made during
The Intergovernmental Meeting on Pandemic Influenza
Preparedness/IGM-PIP in Geneva, Switzerland, on 7-13
December 2008, which was represented by the Indonesian
Minister of Health, Ms Siti Fadillah Supari. The
previous mechanism applied for 40 years has put
developing countries into jeopardy, where virus sample
was sent to a private pharmacy company under the WHO for
research and to find the cure, but then commercializing
and sell them back at high price instead for humanity.
New Regulation for Foreign Pharmacy. The new regulation issued by the Minister of Health
Number 1010 year 2008, are a compulsory to establish a
pharmacy plant or factory in Indonesia to be categorized
as Pharmacy Industry, where this Pharmacy Industry are
now entitled to register drugs, drugs containing
narcotics for medical use, patent drugs, be it locally
manufactured or directly imported. The major goal are to
protect society from drug circulation to meet
qualifications, such as condition, security, quality,
and benefit. Under this new regulation, foreign pharmacy
who do not own a factory falls under the category as a
big pharmacy seller (PBF), where they activity are
limited to importing drugs from the original factory,
running administration and dispensary.
The regulation also refuses suggestions as proposed by
group of international pharmacy corporation to change
their member status form big seller into pharmacy
industry, since they do not have factory in Indonesia.
[November 2008]
Indonesia won Gold medals at 7Th
ASEAN Skill Competition. The two
yearly-events this year, Indonesia
contingent succeeded to received the
most medals and award than any
countries in the region. The 5 gold
medals are for categories of Ladies
Dress Making Category (by I Nyoman
Bayu), Cabinet Making Category
(Muhammad Abidin), Web Design
Category (Krisna Ranggabuana),
Bracklaying Category (Edi Suwiknyo),
Graphic Design Category (Heri
Kurniawan). Five silver medals
received from Electrical
Installation, Restaurant Service,
Computer Aided Design and Drafting (CADD),
and Cooking Category. Meanwhile,
four bronze medals received from
Computer Aided Design and Drafting (CADD),
Graphic Design, IT/Software
Application, and Automobile
Technology category. 16 diplomas are
also for Indonesia. As a form of
appreciation of their achievement,
the Indonesian government will
provide them with give option of
scholarships in Indonesia or
apprenticeship in Japan for three
years.
Trade Battle through Protection of
Domestic Products.
The Indonesian Government has
tightened imports of a number of
products covering from textile
product (TPT), food and beverages,
shoes, children toys, and
electronic, which since 15 December
2008 those 5 products will be
subject to Imported List, and may
only be delivered through certain
harbors: Tanjung Priok harbor,
Tajung Mas harbor, Tanjung perak
harbor, Belawan harbor and
Soekarno-Hatta airport. This policy
will be held for two years until
December 2010. law breaker shall be
subject to applicable law, be it the
product or the importer of companies
or individuals. The same actions are
also held by the Malaysia, India,
and the United States (US). The US
Government has added more applicable
products to be equipped with
original letter (PSA) and threat
countries enjoying GSP, such as
Indonesia. Further, the US will also
accused Indonesia for dumping to
several Indonesia products, actions
also taken towards China, Malaysia,
Brazil, Canada and Russian. Malaysia
also exercised protection through
approval for duty of imported steel.
Meanwhile India will applied 15% of
tax for strings steel. Recently, the
battle of trade is no longer
inevitable. Each country protects
its domestic industry from imported
goods, whether through tariff
barrier or by non tariff barrier.
[October 2008]
3 Indonesian Universities are the
Best University in the World.
The announcement was released by the
Times Higher Education QS World
University (THE QS World at
www.topuniversities.com), where
in 2008 the University Indonesia
(UI) ranked at number 287 followed
by Institut Teknologi Bandung (ITB)
at rank 315 and Universitas Gajah
Mada (UGM) at rank 316. The
achievement made by UI following its
credit points meets 4 criterias from
the OS World, which are research
quality, teaching quality,
employability graduate, and
international outlook. University of
Indonesia is considered strong and
excellent in research quality. The
indicator from this aspect is based
on the perception of its respondents
(peer review) in the whole world and
also the amount of quotations (cilatious
per faculty) from paper which are
established by UI students.
ASEAN Charter Ratified. After
months of long debate, the
Indonesian parliament finally
ratified ASEAN Charter on Wednesday,
8 October 2008, the last country in
ASEAN to ratify the Charter. The
signing of document on ASEAN Charter
bill was represented by Minister of
Foreign Affairs Hassan Wirayudha,
Minister of Trade Mari Elka Pangestu,
and Minister of Law and Human Rights
Andi Mattalatta, representing 10
Fraction and governments in
Commission I at the Parliament.
However, questions remain by the
parliament of the urgency of ASEAN
Charter as a legal ground of ASEAN
transformation into a solid
organization. Also the disagreement
with the voting mechanism (Article
20), a creation of a slower ASEAN
and a longer in taking decision.
Beside of that, the parliament also
disagree with the unclear sanction
of ASEAN Charter violation, and
human rights body mandate which
cannot be guaranteed by the Charter
and its effectiveness (Article 1).
However, the parliament foresee the
Charter to bring benefit for
Indonesia. According to Hassan
Wirayudha, “ASEAN Charter
ratification is a first step of
ASEAN transformation to accomplish a
full integration as a community in
2015”.
[September 2008]
5 Australians Charged for
Trespassing. The 5 Australians will be charged for violating the
Indonesian Immigration Law entering Indonesian territory without legal
documents and trespassing with airplane without permit into Papua
Province of Indonesia. The pilot is sentenced for 5 years imprisonment
under the Law of Aircraft 15/1992 article 58 and article 13 paragraph 2,
while the other 6 Australians will be sentenced each for 7 years under
the Indonesian Immigration Law 9/1992 article 53 and article 6 paragraph
1 and article 9 letter a and b. In another case involving another Australian
criminals, an Australian men was caught for
Carrying Drugs in Kuta beach, Bali.
[August 2008]
Poll:
Foreign Investors Control Over Indonesia Economy. The poll held
by Setara Institute of 800 respondents age of 17 to 22 in May 2008
shows, that 60,8 percent believe that foreign investors took control the
Indonesian economy. The young generation suggested that Indonesia as a
nation must take over the control as President Evo Morales of Bolivia
did to his country particularly in oil mining. The poll also shows low
expectation of 57 percent domestic capability to compete with foreign
entrepreneurs, and of 50,7 percent did not agree privatization of
potential state enterprises. 56,85 percent respondents also perceive
there is an economy draw back in the last 10 years, proven by 76 percent
sees development are not for the poor and 60,9 percent believe
developments are not in concordance to the Indonesia Constitution in
protecting main natural resources and entities for the people'
prosperity. In foreign investment, however, an Indonesian economist
Chatib Basri from the University of Indonesia argued, that the survey
did not meet the review issued by a number of international
organization, OECD, IFC, and the world bank who considered Indonesia as
a close country for foreign investors due to its updated Investment Law
and negative list, ranked Indonesia at 135 out of 170 in open economy
index.
[July 2008]
Indonesia must Refuse WTO Agreement. The refusal are based
on the exclusion G33 of developing countries represented by Indonesia as
spokesman, during the WTO meeting in Geneva ending 30 July. Transparency
are the keyword where developing countries must be involved during
negotiation attended by G7 members Australia, Brasil, China, European
Union, India, Japan and the United States. Indonesia on behalf G33
compelled 'Special Products` (SP) and `Special Safeguard Mechanism` (SSM)
to be accommodated in the modality draft for agriculture to protect
developing countries farmers at villages being the least protected under
the WTO Agreements in Agriculture. The WTO mechanism under the scheme
allows developed countries to pour big subsidies to its farmers, subsidy
not allowed by developing countries. Further, the scheme of trade
liberalization is also unfair where duties differs. At the end, food
defense are the most vulnerable for most developing countries. However,
disagreements between developed countries, existed, such as India and
China
vs the US and EU. France as member of the EU request EU's
clarification and transparency. The WTO meeting has been delayed for 7
years already due to a number of disagreements.
Indonesia - Timor Leste Concluded on Timor 1998. The result
issued by Truth and Friendship Commission (KKP) established by both
countries, primarily suggested, that both government institutions are
those responsible for the human rights violation during the East Timor
Poll between the pro-East Timor independence versus pro Indonesia
integration in September 1999. Since 11 August 2005 the KKP team members
recommendations are drawn in seven chapters and one special chapter,
emphasize not on legal grounds, but more on the future commitments by
both countries to set up a good relationship.
Legal Note:
The KKP recommendations presented in the absence of a number of foreign
nationals and foreign countries, including the UN who refused to witness during the
incidents of 1998, since their direct involvement are clear and
published. Most Indonesian people also believe, that natural resources
of minerals at the Timor Gap between Indonesia and Australia are the
main concern. The integration of East Timor into the 27th Province of
the Republic of Indonesia in 1975 was not an issue until late 1980.
After its independence, strong tie of culture and economy between
Indonesian and Timor Leste, remain.
[June 2008]
Drug Duo
Executed.
The
two Nigerian nationals was executed by the Indonesian firing squad far
out from Jakarta for drug trafficking caught in 2001. Both are the first
drug offenders to be executed in Indonesia in four years. Other 60 drug
offenders are on death row, including the two of the famous Australians
Bali Nine . Other crimes committed by foreigners recently are on child
pedophilia by an Australian in Jakarta, an Australian women found
dead at her house in Bali suspected committed by her business partner.
Australians are on top for crime committed in Indonesia, number exceed
30. Recently also, three British nationals (a journalist, a consultant and a
businessmen) committed suicide in their apartments in Jakarta, last May.
[May 2008]
Indonesia Suggest the Implementation of UNCLOS 1982, remain.
This position was released from Indonesia, represented by the
Indonesian Director General for Law and
International Treaties
of the Department of Foreign Affairs, in respond to the United Nations
draft resolution to additional authority by the UN Security Council (UN
SC) within the IMO authority to combat sea piracy at most archipelagic
states, where territorial sea status may change into international sea,
which is in contrary to the United Nations Conference on the Law of the
Sea 1982 (UNCLOS 1982) and United Nations Charter. The proposal will
allow the UN SC warfare directly entering territorial sea without
coastal state consent to combat sea pirates, where no coastal state
jurisdiction applied. Indonesia suggested, that the UNCLOS 1982 shall
remain, and the combat of sea piracy shall be left to the coastal state
jurisdiction under the International Maritime Organization (IMO) as it
used to, instead taken over by the UN SC. So far, the security over the
Malacca Strait has successfully been controlled by Indonesia, Singapore
and Malaysia, where sea piracy has been significantly reduced.
[April 2008]
Malaysian
High Rank Officer involved in Illegal Logging.
According to
its investigation by an Indonesian newspaper issued 9 April 2008,
the said Malaysian person uses a Malaysian company Hardwood Timber SDN
BHD in the process of disbursing papers to turn illegal into legal
woods. The illegal woods are from Borneo, Indonesia, then exported to
Malaysia through Indonesia-Malaysia borders. The Indonesian consulate
officer in Kuching, Malaysia who witnessed the Malaysian importing
papers, found it fake due to the use of wrong spelling of Bahasa
Indonesia. However, Malaysian authority denied.
[March 2008]
Malaysian Subsidiary Company in Media Content Accused for Unfair Trade
Practices. The Indonesian Fair Trade Competition - KPPU
identified the Astro All Network Plc (Malaysia) - AAMN breached article
19 paragraph c of the Indonesian Competition Law. AAMN has intentionally
through its business contract defined and limit distribution and trade
of service and/or goods based on the initial investigation, where AAMN
monopolized and took control the distribution of the said TV program
during the England Football League
2007.
Indonesian Supreme Court Verdict
for Australian Heroin Smuggler. Schapelle Corby, one of other
member of Bali 9 appeal was accepted but the Court of 3 members of
supreme judges rejected her request, where her sentence remain 20 year
in jail for smuggling 9,3 kg of heroin to Bali last 2006.
[February 2008]
Indonesian Minister of Public Health’ Siti
Fadillah Supari’ Book on Bird Flu Make US-WHO Infuriated.
The 182 pages book published
in Bahasa Indonesia and English version, succeeded cracking
the conspiracy between Unites States administration and the WHO in
developing biology weapon from bird flu virus, Avian Influenza (H5N1), a
policy lasted for 50 years. The book, “It’s Time for the World to
Change, Divine Hands Behind Bird Flu”, shows that after the virus
spread and haunted the world, companies from develop country produce
vaccines, then sold it to the market with a high price in developing
countries, including Indonesia.
However, no compensation, no license and business orientation raised
Minister' anger, right of sovereignty and pride. She also further added,
that developing countries dignity cannot be play around on the basis of
Global Influenza Surveillance Network (GISN) WHO.
Of her works, a London-based magazine,
The Economist, has put the writer a breakthrough
character which started the revolution in saving the world from bird flu
effect, where Sitifadillah Supari at this time has
chosen the best weapon proven useful than the best vaccines in
the world in overcoming the threat of bird flu, where transparency is
the keyword. Following the success of the first book, the second book is about
to be released, soon.
The book has also caused the WHO in Jenewa agreed to all demand from Fadillah,
by agreeing sharing virus and eliminate GISN. A typical Indonesian'
brave breakthrough.
Bali to
Host World conference On Waste The conference in June
23-27 is expected to bring together more than 1.000 delegates from
developed and developing countries, with an agenda to address efforts in
reduce exports of hazardous waste from industrialized nation to
developing countries. Environment minister from 170 countries were
expected for the ninth Basel convention on the control of trans-boundary
movement of hazardous waste. The Basel Convention was started in 1992
and obliges signature country to ensure waste is managed and disposed of
in an environmentally sound way. Parties should set adequate disposal
facilities for the waste and covers toxic, poisonous, explosive,
corrosive, flammable, eco-toxic and infectious waste. Some 168 countries
have ratified the convention, excluding the U.S. Indonesia ratified the
convention in 19. Indonesia is very vulnerable to illegal dumping of
hazardous waste at 2.000 entry points along the costal zone. The
Indonesian state ministry for the environment office said since 1980s
Indonesia has become a dumping ground for hazardous and non-hazardous
waste. It says the government has accepted request from foreign
countries and companies to dump waste containing hydrocarbon. The
government has also re-exported tons of hazardous waste to its origin
countries, including Singapore. Japan is the biggest exporter of
hazardous materials used for industry and agriculture sectors to
Indonesia, sending 31 tons of waste in 2006. Indonesia yields about 7
million tons of hazardous waste per year- one quarter of which remains
untreated. The country currently has one facility for the treatment of
hazardous waste in Bogor, with a capacity of 100.000 tons. Environment
Minister Rachmat Witoelar would be the new president of the conference
of the Parties (COP) of the Basel Convention for the 2008-2010 period.
Lombok Treaty Signed.
The Agreement between Indonesia and Australia was signed
in Lombok in November 2006, came into force Thursday 7
February 2008. The Treaty cover ‘greater collaboration’
in areas such as defense, law enforcement,
counter-terrorism, maritime security and emergency
preparedness, where it includes a key from Indonesia to
demand Australia not to support separatist causes in its
giant neighbor’ sprawling archipelagic country. The
Treaty was signed both minister of foreign affairs,
Hassan Wirayudha and Stephen Smith.
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2007, 2006, 2005, 2004:
2007
[October 2007]
World
Food Day, 16 October 2007. The event reminds Indonesians that
since 1998, following the 1994 WTO trade liberalization, Indonesia turn
to be a net importer of foods as a result of import surges, such as beef
(85% import surge in 2000), rice (84% in 1998), corn (72% in 2000), and
sugar (50% in 1999) and chicken (121% import surge in 1999). The volume
of import for 10 food products in 1996-2005 shows significant increase
reaching USD 1.6 billion, annually. These are as a result of
agricultural subsidies by developed countries to its farmer, such as 80%
by OECD, protection at 34% by the European Union, South Korea (73%),
Norway (66%), Japan (64%). Protection and subsidies are the keywords for
developed countries to maintain transnational companies - TNC control
over the world's food supply. Products protected varied from rice
(5.43), sugar (2.04) and milk (1.85). It means, the price are dumped, an
unfair trade practices under the WTO rules. TNCs took control of 16 food
products around the world, a limited type of wheat, rice, corn and nuts,
instead of maintaining other foods grows in a number of developing
countries.
Indonesia Awarded Democracy Medal by the International Association of
Political Consultant - IAPC. The award decided by the IAPC was
on the basis that Indonesia' success in establishing democracy values
recently, during the 2004 General Election in particular, where election
was successfully held in peace. President Susilo Bambang Yudhoyono on
behalf of the people of Indonesian will receive the award during the 40
IAPC World Conference in Nusa Dua, Bali, 12-14 November 2007. Two years
ago, the IAPC Democracy Medal were awarded to the President of Republic
of Ukraine and President of the Republic of Checz.
[September 2007]
The Indonesian Supreme Court Final Appeal Ruled Time Incorporated
and 6 journalist and correspondents to pay Tort for Defamation.
The final appeal rulings by the Indonesian Supreme Court number 3215/pdt/2001
publicly announced by the judge panels of three, where Time Incorporated
and 6 journalists and correspondents remain wrong for defamation against
the goodfaith of Soeharto, the former President of the Republic of
Indonesia. Time chairman Donald Morisson and other 6 journalists is
fined of Rp1 trillion (USD 9,9 billion) altogether, and must express in
writing an apology at national and international circulation media for
its misleading and defamation publication edition on 24 May 1999 volume
153 number 20. Time exposed the wealth of Soeharto and family of USD 15
billion, title 'How Indonesia's Longtime Boss Built a Family Fortune',
presented by 4 of Time Inc. journalists John Colmey, David Liebhold,
Lisa Rose Weaver, and 2 Indonesian correspondents Zamira Lubis and Jason
Tedjakesuma. This ruling turns out the previous two lower court rulings,
where the Supreme court make an approach of tort for defamation under
civil code as requested by Soeharto's lawyer, instead of other articles
of the civil code or the law on press and freedom speech, which the
defendant legally assumed. The basis for court rulings are on "the act
against the law through improper, insufficient and wrongful
publication".
Indonesia and Russia Concluded Set of Mutual Cooperation
Agreements. The 8 sectors of cooperation in sport, energy,
mining (USD 4 billion), infrastructure, telecommunication, aviation and
defense are expected soon to increase Russia' investment from USD 600
million to USD 1 billion. Indonesia has become a potential country in
the region to develop war crafts since the availability of technologies
and human resources since 1980, such as PT INTI (telecommunication), PT
PAL (shipyard, PT PINDAD (war devices and machines) and PT Nurtanio (aircraft). The signing by both Presidents took place in
Jakarta during the official state visit of the President of the
Federation of Russia Vladimir Putin, early this month.
[August 2007]
Malaysian Prime Minister, Malaysian Chief Police and Malaysian Ambassador, Officially
Apologize. Following high tension, strong protest and
boycotts from Indonesians, the three high rank officers from
Malaysia apologized in writing and orally to the Indonesian
President, people of Indonesia and directly to the Indonesian victim
abused by Malaysian police.
Note:
Only after its very recent prosperity of 25 million population after 50
years of independence, Malaysians are drawn to be overconfident.
Malaysia' income per capita reached USD 12,000 in 2005, three times
than Indonesia with 1/9 population (Indonesia: 227 millions), where oil
is the only source. To some Indonesians, Malaysian recent attitude is
understand-able, to allow Malaysians enjoying their very first
prosperity and free from Indonesia' political influences. Indonesia
took lead in ASEAN region in politics and security and growth since
1960' until year 1997, where Indonesia enjoyed growth since 1970 marked
with the operation of Palapa satellite communication in 1976, national
construction of fly over and toll roads since 1977, national cars in
1978, national civil airplane-ships-railways/trains-electronics and war
devices and machines crafts manufacturing in 1980, and other tremendous
developments, where most Indonesian top of 5 state universities are
full with Malaysians studying engineering, medicine, politics, and
culture. Until now, Malaysia still employed a big numbers of Indonesian
to give lectures, involved in infrastructure engineering and other
social developments in Malaysia.
Again, an Indonesian Referee seriously injured by 4 Malaysian
Policemen. The
referee Donald Luther Peter Kolobita, was injured after being violated
by 4 Malaysian Policemen during the Asian Karate Competition in Negeri
Sembilan, Malaysia. Malaysia denied and refused to apologize. A
number of previous violation against humanity by other Malaysians, also
never been resolved. The incident increased tension the between both
countries.
Note:
In its 50 anniversary, Malaysia is awarded for top list for human
trafficking and abuses by the US Secretary Office. Its independence,
merely a gift by the British Imperium, was celebrated in the absence of
a number of Indonesian high rank officials who refused to attend the
invitation. Malaysia, gain its confidence under the Commonwealth, also
reach its economic and politic stability and growth, despite the
non-existence of freedom of speech, racial tensions, controlled
judicial bodies, virtual democracy and corruption and nepotism by the
member of Royal families and the bureaucrats, a worn-out lesson which
was adopted by Malaysians from Indonesia' past New Order era of 32
years. During those years of 1970-2000, a big number of Malaysian
students and bureaucrats studied medicine, engineering, politics
and culture in Indonesia. Historically, Malaysia was part of the
imperium of Indonesian kingdoms in year 900 to 1800, where most of
Indonesian root (from Java) now still existed forming the
majority population in Johor and Selangor, the most growing and
prosperous states in Malaysia.
4.981 islands in Indonesia, reported to the United Nations.
The said verified islands at 14 provinces has now its names, where other
8.742 island will follow in the next 2 years. The gigantic project
conducted by the Rupabumi National Team of Standard Name, will convey
the report during the Meeting of the UN Converence on Standardization of
Geographical Names in New York this month. Indonesia has reported its
initial number of island the UN, which are of 17.508 islands at 33
provinces in Indonesia.
[July 2007]
Public Officer must Increase Comprehension on Human Rigths.
The release by Minister of Law and Human Rights research
shows, that the Indonesian public officers need to improve the
comprehension on Human rights, those in particular deals with
the implementation of people' rights in civil, social, politics
and economy. Indonesia has established 426 National Action on
Human Rights plan all over Indonesia during 2004-2009, where 423
government officers has been trained for human rights in
Australia, Sweden, Norway, Canada, South Africa and France.
Unfortunately, still a big numbers, policemen in particular, has
no knowledge in human rights. This is respond to strong public
criticism on the conduct of the arrest a number of persons.
Recent research shows that, police institution are those on the
lowest rank in passing grade among other government
institutions. As a result, a big number of policemen
stands for criminal trials and imprisoned under the civil law
for unprofessional conduct and abuses.
[June 2007]
Indonesia - Japan Finalized Economic Partnership Agreement
(EPA). The Discussion Record was signed in Tokyo on 22
June 2007, official agreement is expected to be signed in August
by both Presidents. Indonesia will play the role for production
centre not only for Japan market, but also the region through
establishment of Manufacturing Industrial Development Center for
the component manufacturing for automotive, electronic and
engines to meet Japan' standards. Zero percent tariffs applied
to 91% of Indonesian export to Japan, where in turn Indonesia
reduce them at 30%. In labor issues, internship of 3-4 years in
Japan will be open for hospitality industries. The trade between
Japan-Indonesia in 2006 reached USD 12,2 billion for oil & gas
to Japan, where in turn USD5,4 billion for non-oil and gas to
Indonesia.
Malaysia come to Agree on Migrant Workers new Employment
Terms. Following strong international critism and its
reputation for Human Trafficking and Violation, Malaysian
officials come to Jakarta to agree Indonesia's new terms to
protect better Indonesian migrant workers in Malaysia.
Indonesian embassy in Kuala Lumpur has now a number of lawyers
to increase their legal position in anticipating common abuses
by Malaysian employers. Recently, a phenomenal picture in a
number of international newspapers shows an Indonesian domestic
workers in Malaysia, Ceriyati, stucked at the outside at level
12 building apartment for attempt to escape after receiving
several physical abuses by the employer, Ivone Siew, a mistress.
Ceriyati
was
compelled to work 20 hours a day, one day feed and unpaid for 4
months. Ivone Siew and husband, now faces criminal charges. Last
April, also two Indonesian domestic workers in Long Island , New
York, the US, escaped for the same reasons. They were employed
by an American family, Varsha Mahender Sabhani and Mahender
Murlidhar Sabhnani
for two years, compelled to work for 21 hours a day, unpaid, and
abused. The couple now facing serious criminal charges.
Malaysia on top of the list for Human Trafficking and
Abuse. The release by the US Secretary Office is
based on the worst protection by Malaysia as a host state
against migrant workers, where sanction may be imposed towards
the Malaysian government. Recently, migrant workers from
Bangladesh and Indonesia were found dead caused by violation and
abusive treatment by the employers. Malaysians are also repute
for not paying migrant workers for months. Big numbers of
migrant workers were also arrested without trial and their
personal belongings seized by RELA, a controversial Malaysian
anti-migrant organization with 500.000 volunteers. Cases causing
death of migrant workers involving member of the Malaysian Royal
family never been resolved. Malaysian authorities declined the
facts. According to the report, other 16 countries on the list
includes Bahrain, Oman and Qatar.
Timor Leste President visited Indonesia. Ramos
Horta, the direct-elected president meets President of Indonesia
Susilo Bambang Yudhoyono in Jakarta, expects to increase economy
relation since Indonesia are the main importer into Timor Leste
market, through reducing border problems between two countries.
Ramos Horta also planning to establish Bahasa Indonesia Faculty
in Timor Leste, where Bahasa Indonesia serve as one of the
official language in Timor Leste.
[May 2007]
Indonesia Gained 185 Votes from 190 UN Members in the UN
HUman Rigths Council (UN HRC). The votes are to support
Indonesia's second term membership in the UN HRC. The other 14
countries are
India, the Philippines, Qatar,
Bolivia, Nicaragua, Egypt, Angola, South Africa, Madagascar, the
Netherland, and Slovenia,
will serve for the period of 2007-2010, starting 20 June 2007.
Indonesia - Singapore Concluded the Extradition Agreement. The signing of agreement
took place in Bali, Indonesia, 27 April 2007, covers 31 models
of crimes, mostly crime in economy, including extradition of corruptors and
the return of its assets in Singapore. The agreement applies retroactivity principles for 15 years (or since 1992), and
Indonesian nationality principle when the crime occurred. Singapore
(was called 'Temasek' in the past, a place where pirates hid) has
the international reputation for 'the heaven for corruptors and bank criminals'
and money laundering, mostly from Indonesia, by Indonesian bureaucrats and
Indonesian Chinese businessmen/bankers (see:
Andy Xie).
The agreement however, still requires national legislation by
the signing parties, according to the Vienna Convention on the
Law of Treaties 1969.
[April 2007]
54 Indonesians Facing Death Penalty in Malaysia. According
to the report from the deputy of Human Rights Working Group (HRWG), 16
of them are Indonesian migrant workers and the remaining are refugees
from Aceh during past conflicting time. HRWG asked the United Nations to
assist them during trial process in Malaysia, since most workers facing
criminal because of unjust treatment from their Malaysian employers,
such as unpaid salary for 6 months, abuse and inhuman treatment.
Indonesian Law Student Won the First Rank of Phillip Jessup
International Moot Court Competition. Held by the International
Student's Association of the American International Law Community in
Washington, USA, the said Indonesian woman of 20 years old law student
from the Faculty of Law the University of Indonesia, won
the first rank for oralist among other 290 contestants from 95 law
schools all over the world. In 2004, again Indonesian law student won
for team category. The moot court competition is a simulation court of
the International Court of Justice. In Indonesia, most public or state
universities entry competition are very tight, with seat to competitors
ratio
varied at 1: 20 to 1:500.
Indonesia-Timor Leste held a Committee on Truth and Peace meeting
(KKP). Hearing will be attended by witnesses by the Indonesian
ex Foreign Minister Ali Alatas and Indonesia Ambassador for Portugal
Fransisco Lopez da Cruz. Other 18 persons will follow, including ex
Indonesian Presiden BJ Habibie, Carlos Felipe Belo. and Eurico Guterres.
Timor Leste sees Indonesia as the most important neighbor, since Timor
Leste' domestic politics and economy remain suffered after the
referendum in 1999. Some people of Timor Leste perceived economy and
politics are far better prior to the referendum, and the Australian
involvement did not help much instead of Timor Gap Agreement which is
unfair and far from the end. KKP was established by President of
Indonesia Susilo Bambang Yudhoyono and President of Timor Leste Xanana
Gosmao in 11 August 2005, has its agenda on 5 meetings and hearings to
unveil the final truth and to strengthen peace between two countries.
The first was held in Denpasar 19-20 February 2007, and second on 26-30
March 2007 in Jakarta. The following meeting is planned on April, May
and June 2007.
Bill of Human
Trafficking Extermination, Passed the House. The tougher law
imposed Rp 20 millions to Rp5 billions fines and 3 years to life
sentence for various trafficking, and triple sentences by corporate
crime. Parties or labor agents involved will receive additional 1/3
punishment. A number of Indonesians and foreigners indicated committed
are identified for human trafficking, including modern form of slavery.
According to UNICEF, at least 100.000 Indonesian woman and children are
trafficked abroad, annually. The law is part of the Indonesia'
commitment to the United Nations Palermo Convention 2001.
PM
Australia John Howard Officially Apologize for Shooting Indonesian
Fishermans. The shooting incidents early this year by the
Australian Coast Guard toward a number Indonesian Fisherman and burning
down their ships at the adjacent waters, are now clear that the
Indonesian fishermen are still at the Indonesian waters. Australia
officially apologize and will recover the loss, and assure the incident
will not repeat.
[March
2007]
Malaysian Foreign Minister Addressed Official Apology for Trespassing.
The trespassing by Malaysian Naval?Coast Guards early this March are uncontrollable,
in which violates the Indonesian territory at the Ambalat Block Oil
Reserve. The Malaysian Foreign Minister addressed the
official apology to the Indonesian Foreign Minister during a meeting in
Jakarta, recently. The Indonesian Navy seriously may take further actions under
the UNCLOS (Law of the Sea 1982) of attacking foreign ships in the
waters if so refused to leave.
Indonesians Released at the Malaysian Immigration Office.
Thank
to the Indonesian embassy officers based on a Norwegian gentlemen report, the 12
Indonesian released after being arrested 10 days for immigration
violation. However, the Malaysian authority refused to make legal action
towards the labor exploitation and abuses by the Malaysian employer of a
hotel services. The same also happen towards a member of the Malay Royal
family for causing injury to an Indonesian domestic labor, last year.
Indonesia need to Protect more the Ambalat
Block Oil Reserve. This is a request by the Indonesian House of
Representative to the Indonesian Military Forces with regard to a number of
trespassing
by the Malaysian coast
guards to the Ambalat Area Oil Reserve of Indonesia, recently. The
Malaysian Coast Guards then were forced
to leave the area by the Indonesian Marine Force. A number of Sea
Warcraft has been located in the area, that is KRI Sutanto, KRI
Multatuli, KRI Untung Surapati and KRI Badik..Malaysia in 2004
attempted to claim the said area, but convincing evidence and legal
proof can not be brought during the meeting of both countries. A same
incident also occurred by the trespassing of two military aircraft of
Singapore. Geo-Politically, Indonesia is surrounded by the Commonwealth
countries such as Singapore, Malaysia, Brunei, Papua New Guinea and
Australia. Indonesia is the only country in the region where the Allies
failed to take control over Indonesia in 1945 and 1949 after its
independence from the Dutch Colony in August 1945.
Indonesia
Chaired the G-33 Meeting. The meeting on 21 March 2007 participated by
25 ministers and 28 member countries, with agenda
to reinforce the bargaining position of G-33 at the next WTO Meeting in
April 2007, following Mini MInstrial meeting at Davos in January 2007.
Members also aimed at finalizing the Doha Development Agenda'
discussion.
[January 2007]
The Government of
Indonesia dismissed the CGI donor group (Consultative Group on
Indonesia). The group consist of a number of developed
countries to provide financial support was established in 1992.
In turn, through tough terms and conditions, CGI had the
authority in setting up economy and financial policy for
Indonesia. The dismissal of CGI are based on the set of
failure by CGI's advices implementation in economy and
financial, particularly in settling Indonesian government debt
in 2000-2002.
[November
2006]
Indonesia Plan to Extend its
Continental Shelf. The
extension from 200 sea miles to 350 sea miles from the coastline, is
based on the proven of natural prolongation. Indonesia, as a
archipelagic country under the UNCLOS (United Nations Convention on
the Law of the Sea 1982, is entitled to propose it until 2009 to the
CCIS - Commission on the Limits of the Continental Shelf), an organ
of the UN. Three proposed areas are west of Aceh, south of NTT and
north of Papua. The significant benefit of such extensions, are the
right to explore economical rights. The Continental Shelf concept
was introduced and accepted in the UNCLOS 1982 supported by
archipelagic countries such as the United States, Chile and
Indonesia, where territorial sea may be extended.
US-ASEAN to Cooperate in 8 Sectors in 2007. The Cooperation also
pivoting 30 years of relations between both, a subsequent of plan action
to implement Enhanced Partnership 2007-2011. 8 major sector will soon be
implemented, such as good governance, combating corruption, IPR, SME's,
reducing HIV/other diseases, and cooperation in IT, communication,
technology, energy, disaster management and environmental management.
Bill on Anti Human Trafficking, soon released. The said law of
207 articles will still need other 113 articles to be approved by the
parliament, expecting completion end this year. According to the
Indonesian Ministry of Woman Empowerment, there are 480.000 illegal
Indonesian workers are recruited abroad that leads to human trafficking.
The bill will also prevent Indonesian workers from abuse, based on the
experiences of abuses by employers from Singapore and Malaysia. The
government now has also set out more liabilities and responsibilities
towards Indonesian and foreign labor agents.
Indonesia become the member of UN ECOSOC. The said membership of
the UN' organ, the Economic and Social Council, is for the 2 years term,
supported by 184 out of 192 member during the United Nations'
General Assembly meeting 2 November 2006.
Indonesia represent Asia region together with the Philippines, Iraq and
Kazakhstan.
[October 2006]
Indonesia elected to serve as Non-Permanent Members of the Security
Council of the United Nations.
The said election was supported by
158 out of 192 members of the General Assembly of the United
Nations, where Indonesia represent from the Asia continent for the
term of 1 January 2007 through 31 December 2008. Other countries
elected are Belgium, Italy and South Africa.
Malaysia Coast Guard shot 2 Indonesian Fisherman. The
incident is however, occurred in the Indonesian waters where the two
fisherman were. Under the UN Convention Law of the Sea 1982, the
presence of the said fishermen and fishing is considered legal.
Lately, the Malaysian government admit and apologize their actions.
The Indonesian Government Settled its Debt to IMF. The USD 4
billion debt was paid in full, covering also the interest. In
comparison to other foreign loans, IMF' loan was known with full of
terms related to politics rather than to improve economic
development.
[September 2006]
Indonesia Urge the World Bank to Disclose Corruptors Accounts.
This is addressed by the Indonesian Finance Minister, Ms. Sri Mulyani,
during the World Bank - IMF meeting held in Singapore attended by 184
member of Governor of Central Banks. The World Bank assistance and
transparency of bank accounts will help the Indonesia program to combat
corruption held cross borders. She also urged the front line of the
World Bank to adopt an internal reform and to eliminate corruption as
Indonesia did, and strongly suggest not to make further advise for
Indonesia financial reform. The latter was based on the past experiences
during economy crisis in 1998, where the IMF' staffs advises was proven
unjustified and has proven to be wrong. The Indonesian Minister of
Finance was awarded to be the 'Minister of Finance of the Year 2006' by
the Economist magazine.
4 Indonesian Law Students Won the Foreign Minister's Award.
The moot court competition was the International Moot Court Asia Cup
2006 held in Hong Kong, where the they were awarded the Best Team, the
Best Speaker, and Third Position for the Plea Substance. The said 4
Indonesian law students from the University of Indonesia, defeated law
students from the University of Hong Kong, Kyoto University (Japan),
Malaya University (Malaysia), Ateneo de Manila University (the
Philippines), National University of Singapore, Chulalongkorn University
(Thailand). Also in the period of 2005-2006, there are 18 Indonesian
students won a number of gold medals at various international science
and physics olympiad competitions, including the prestigious award of
One Step to Noble, where Indonesian represent the most from the ASEAN
region.
Singapore and Indonesia on the Definition of Corruption.
Under the Indonesian laws, corruption defined as an act(s) against the
law, act(s) to enrich the one who committed to - including others,
including business entity(s), that such acts result to state and/or public financial loss. Bribery and business
fraud by individuals and entities is therefore, also covered. Under this
definition, Indonesia applied a more progressive definition of
corruption than Singapore', where in Singapore corruption covers only of
bribery in its sense. This is the result of a meeting of both
governments in settlement of money laundering. Singapore is popular
known as a country, where many fugitives of bank criminals, corruptors,
illegal lodgers and smugglers from Indonesia, stay and live for the past
8 years.
8 Australians Sentenced to Death. The ruling issued by the
highest court authority of Indonesia, the Mahkamah Agung, in respond to
their appeals for committing of trafficking of 8,900 kg illegal drugs
into Indonesia through Bali Island, early last year. Another Australian
is also committed for pedophilia, and recently 3 Australian press
extradited for visa misuse in a conflicting area, where they were
suspected for provocation and agitation.
RI -Malaysia talks over Movement of People. Malaysia now
employed many Indonesian workers, from domestic and construction workers
to university lecturers, due to Malaysia's progressive development and
Malaysia's lack of qualified Malaysian human resources. Indonesia warns
Malaysia to protect them better. Up to now there are 1,75 millions
Indonesian legal workers, where 2,5 percent are Indonesian
intellectuals.
Indonesian ex-Consul General in Penang (Malaysia) sentenced for 3 years
Imprisonment. The said person during duty in Malaysia, was
committed abused his
consular authority for discrimination and corrupted levies to Indonesian
Migrant Workers, which has caused state financial loss of USD 3,2
million. Another case in corruption also has brought the Indonesian anti corruption
court sentencing from 4, 7 and 12 years to three officials from the
General Election Committee. Another Indonesian fugitive for illegal
lodging was also arrested in Beijing, recently. He was rearrested for an
attempt to escape. However other 50 suspects are now on the list, where
most stayed in Beijing, China.
[August 2006]
Private and Business Entity are Subject to Corruption Charges
of article 21 UN Convention. This is a new issue to be applied
in the revised Indonesian anti corruption law to conform with the
article 21 of the UN Convention Against Corruption (UN CAC). The UN CAC
stipulates, that corruption charges do apply not only to public officers
but also to any parties involved in corruption, directly and indirectly,
including private entities. The punishment will cover criminal code and
private law.
[May
2006]
Zero
Sea Piracy at Malacca Strait.
According to the International Maritime Bureau, no more sea piracy at
Malacca Strait thank to the effective monitoring by the Indonesian
Marine Forces. Most pirates start from Gelasa Strait at northern Sumatera, moving
towards South China Sea, a report said. Historically until the 90’s, the
pirates hid and stay at Temasek, where Singapore is now. Malacca Strait
is the busiest passage lane of 50.000 ships loaded with half of world
oil and one third world trade and goods.
[April 2006]
Intellectual Property Rights Ratifications.
The Government of Indonesia had ratified a number of international
conventions since 1995, such as the Paris Convention for Protection of
Industrial Property, Paten Cooperation Treaty (PCT), Trademark Law
Treaty, Berne Convention, WIPO Copyright Treaty and WIPO Performances
and Phonograms Treaty. These had been adopted into national laws, such
as the Patent Law, Trademark Law, Copyrights Law, Trade Secrets Law,
Industrial Design Law, Integrated Circuit Design Law and Plant Variety
Law. All are based on the WTO TRIPs, ratified under Law no. 7 year 1994.
[February 2006]
Claim
of Territory.
Malaysia claimed the Gosong Island of 1410 sq mile, as part of their
territory. However, Malaysia claim has no legal ground, where claim is
in contrary to the map Westkust Kalimantan Blad 1 issued in 1905, which
island belongs to Indonesia. Previously, Malaysia formally withdrawn
their claim of the Ambalat block in 2005 since no legal ground existed.
Malaysia’s claim once ruled by the ICJ over Sipadan Ligitan in 2003.
Indonesian Fugitive arrested in LA, the US.
The
fugitive since 2002 David Nusa Widjaja a.k.a Ng Tjuan Wei, was arrested
by the US Federal Bureau of Investigation (FBI) officers and an
Indonesian police officer in Los Angeles, then directly sent to and
imprisoned in Indonesia. He is one of other 12 bank criminals ruled by
the Indonesian High Court for a number of bank crime actions of USD 1,29
billion during the banking crisis in 1997. This is part of other 12
bank fugitives already ruled for the same crimes of total USD 130
billion. The Indonesian government announced them to voluntarily return
or the police will take the same actions, since their full detail of
presence and business abroad, mostly in Singapore, identified.
[December 2005]
Violance towards Human Rights Activist, increased.
According to an Indonesian human right watch activist institute, 125 out
of 152 violance cases in 2004 mostly were by the police against student
activists, compared to 30 cases in 2003.
[November 2005]
Draft
of Law of Intelligence under Talks.
The law mainly aims as a legal basis for the Indonesian secret agents
operation and counter-terrorism. The law will allow not only the police,
but also the Indonesian government agents to arrest a terrorism suspect
for 3x24 hours, anyone residing within the territory of Indonesia.
[October 2005]
Government of Indonesia
ratified two international covenants.
The two covenants
are 'the civil and political rights' and 'the economic, social and
culture'. Indonesia joint them as the 155 and 152 member, respectively.
The Phillipines, Thailand and Vietnam are the only other member in the
ASEAN region.
Chinese
sailor shot at Arafuru Sea.
The Sailor was shot by the Indonesian Navy, which ship and sailors was
found on the Indonesian waters of Arafuru Sea suspected for fishing. The
action raised a protest from the PRC Government but the Indonesian Navy
claimed they have followed a hot pursuit procedure under the UNCLOS III
1982.
[September 2005]
Malacca
Strait Security Task Forces.
Indonesian government and Malaysian government refused Singapore's
proposal to privatize the security issues within the area of Mallaca
Straits. Currently, the said security in the area are held by the
adjacent coastal countries.
Oil
Smuggling.
58 oil smugglers were arrested, 5 foreigners from Singapore, Korea, PRC,
including 18 staffs of Indonesian state owned enterprise, Pertamina.
They smuggled the subsidized oil directly from Indonesia's oil wells in
Borneo to the adjacent countries. 7 Pertamina officers already dismissed
and now under police investigation.
[August
2005]
Signing
of Peace Agreement between GAM and the Republic of Indonesia.
The signing took place in Helsinki, Finland in August 15, 2005. The
basic principal is, that GAM (the Free Aceh Movement) acknowledge them
as part of the Republic of Indonesia. In turn, Indonesia will grant more
access in law and justice, politics and economy for Aceh Province and
will open access to ex GAM 3000 members to reintegrate with the majority
of the Aceh community. GAM movement was since 1976 and caused security
instability in Aceh'.
Committee on Truth and Reconsiliation.
This
committee was established under the initiative of President Susilo
Bambang Yudhoyono and President Xanana Gusmao, to take effect of the
previous initial agreement on December 14 2004. This committee will
respond on human rights violation in East Timor after referendum of 1998
instead to bring the case to court.
Drugs
Trafficking.
Again, another 25 yrs old Australian woman from Adelaide, was caught by
the Indonesia police in Bali at the premise of Garuda Wisnu Kencana pond
for bringing illegal drugs. She follows other 12 Australians earlier
arrested for the same case in Bali.
[June 2005]
Indonesia and Australia will come to prisoner exchange agreement.
The agreement is also for benefit of Indonesia, which in fact there are
a number of Indonesians abroad are imprisoned for drug trafficking in
France, Colombia, Peru, Chile, and Argentine. Prisoner exchanged shall
be those who had been ruled by the local courts. This Prisoner Exchange
Agreement with Australia is with regard to the recent case of an
Australian women caught and sentenced 20 years in prison for drug
trafficking in Denpasar, Bali, including other 8 Australians under
investigation for the same case.
[May 2005]
Indonesian Traditional Fishermen imprisoned in Australia.
According to Fisheries and Marine Resources Department of the Republic
of Indonesia, since 1995 at least 3,900 Indonesian traditional fishermen
arrested, some imprisoned and one is found dead, including 27
traditional ships burned down (since mid April 2005), by the Australian
Coast Guard, disobeying the initial procedure of 'Hot Pursuit' under
UNCLOS III 1982. International Law of the Sea allows traditional
fishermen to catch fishes at any waters, according to an activist of
West Timor Care Foundation, who published the evidence of the incidents.
Australia claimed its territorial waters up to 20 miles from the
coastline. UNCLOS III 1982 stipulates 12 miles.
Indonesia and Singapore Agree over Hazardous Waste.
Indonesia and Singapore has come into agreement in Geneva over hazardous
waste with regard to the Basel Convention, to re-export them back to
Singapore. The said 1,149 tons in 1,762 jumbo bags confirmed by
international scientist, containing radioactive was silently entering
the Galang Island (part of Batam Island), Indonesia in July 2004.
[April 2005]
Law of
the Sea.
The Malaysian delegation for negotiation on Ambalat block, during the
meeting with the Indonesia delegation in Denpasar Bali, admitted that
Indonesia has stronger legal position under the United Nations
Convention on the Law of the Sea (UNCLOS) III 1982 for the ownership of
Ambalat XYZ Block oil reserve, located near the adjacent countries
Indonesia and Malaysia. Indonesia has built lighthouse at the premises
and the Indonesian marine troops remains around the premises. Previously
in March 2005, Malaysia claimed XYZ Ambalat Block of gas and oil reserve
as part of their territory under the Malaysian Map 1997. The Block is
legally part of the territory of Indonesia under the UNCLOS III 1982.
Only archipelagic state (e.q. Indonesia, Chile, the US) may take
particular sea base line under the UNCLOS III 1982.
[March 2005]
Maritime Piracy.
Some
ships crossing the Mallaca Strait were pirated. The adjacent countries,
Indonesia, Singapore and Malaysia, soon take action to secure the area.
Two alleged ships has been identified and confirmed registered in
Malaysia.
Labor.
Some Indonesian and European NGO will bring a case to the ILO and ICJ
for a Human Rights violation against Malaysian construction employers
and Malaysian Government for not paying thousands of Indonesian
construction workers who had not been paid for works they have done for
months. Malaysia will replace Indonesian workers from Bangladesh and
Vietnam. Other nearly one thousand Indonesians working in Malaysia as
lecturers for Malaysian Universities, scientists, technicians, analysts,
and medical doctors, remain.
Illegal
Lodging.
Indonesia has caught some 16 criminal illegal lodgers stealing
Indonesian wood forests in Kalimantan and Papua. Woods are exported to
Singapore, China and Europe. 15 of them are non-Indonesian or foreign
nationals, including 3 Malaysians.
[February 2005]
Extradition Law.
President Susilo Bambang Yudhoyono and Singapore PM held talks over
extradition for 12 Indonesians bank owners ruled as criminals by the
Indonesian court who are now residing in Singapore, who stole the
Indonesian government loan liquidity at 112 trillion Rupiah (USD 12,07
billion) during the crisis 1998. The trend is positive, the next signing
of agreement is planned in March 2005. Some Indonesian bank criminals
also stay in Australia.
[January 2005]
Foreign
Lawyers.
New RI-MLHR
regulation issued on the requirement of the use of foreign lawyers in
Indonesia, which requires recommendation from Indonesian Advocate
Organization, prove of individual Indonesian tax file number (NPWP),
obligation to teach law for 10 hours per month within 12 months, limited
to deliver legal services of foreign laws (other than Indonesian laws)
or international laws, and will only act as an expert or staff in an
Indonesian Law Firm.
Monsanto Case.
the Indonesian Committee to Exterminate Corruption (KPK) is now
evaluating and will take serious action based on a report from the
United States Department of Justice (US DOJ) for the report of bribery
by US based Monsanto Company through the subsidiary company PT
Monagro Kimia, who bribed 140 Indonesian public high officials at least
USD 700,000 during 1997-2002. The public officials are subject to
law PP number 30/1980. The US DOJ based on the US Foreign Corrupt
Practices Act fined Monagro Company at the amount of USD 1,5
million payable to the Indonesian Capital Market Supervisory Board
(BAPEPAM) and US DOJ. (Kompas)
Buyat
Case.
The Indonesian government is preparing to file civil and criminal case
against PT Newmont Minahasa Raya for environmental degradation in North
Sulawesi, through poisonous material disbursement to Buyat Bay. Some
foreign nationals of the board of the company are arrested and are
subject to criminal charges.
[November 2004]
Extradition and Sea Territorial Demarcation.
Indonesia
and
Singapore
talks over on sensitive issues between two neighboring countries on
adjacent sea territorial lines, extradition, mining and lifting ban on
sea sand exports. Talks held in Jakarta, 8 November 2004. A Joint
Cooperation Council will be established to further discuss the issue.
This the second visit of PM Lee Hsien Loong to
Indonesia
after the inauguration of President Susilo Bambang Yudhoyono in October
2004.
Territorial Demarcation.
The Government of Indonesia shall set up new laws on Territorial
Demar-cation between the adjacent countries, according to the Lemhanas
Governor (Council of State Defense). This law is to avoid from past case
of loosing two islands of Sipadan and Ligitan which case won by Malaysia
in 2002, based on the ICJ rulings. Currently, the applicable law is
Space Arrangement Law 24 year 1992 and other Government Regulations
which is deemed less accommodated and less updated.
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