President Susilo Bambang Yudhoyono calls Indonesian to National Heroes Day rememberance. The speech addressed during the National Heroes Day 10 November 2007 in Surabaya, East Java.
 

Legal Note: 10 November 1945 will always be remembered by Indonesians for  bloodshed war by Indonesians, part of its resistance against the attempt to recolonize Indonesia by the 30,000 British Gurkha troops in Surabaya following the death of  Brigadier Malaby's death shoot by Indonesians 30 October 1945. The British troops' command was centralized at room 33 of Yamamoto Hotel in Surabaya of East Java, where the Dutch joined the attack plan. The British Major General Mansergh confidently warned Indonesia to surrender, or else they will attack and take over Indonesia in 3 days on 10 November. However, such typical over confidence, did not materialized in Indonesia. In turn the British troops lost it in 21 days of war against Indonesians. The war itself was pictured as the bloodiest wars ever after the World War 2, where ten of thousands British Gurkha bodies were found. Unlike other countries in the region who surrendered and receive its independence as a gift and maintained the colonialist identities, legal system, language and culture, this success of Indonesian historical heroic war is only part of other wars by Indonesian republicans fighting to protect the Indonesian soil and hit back various attacks such as from the China Emperor and Kublai Khan in 1270, the Dutch in 1900 and Japan in 1945.

Indonesian Constitution Court Rejected the request on Death Penalty Review. The panel of judges of 9, on 30 October ruled the rejection to review the substance and to annul a number of articles on death penalty. The Court ruling are on the ground the law of death penalty under the Narcotic Law 22/1997 do not necessary in contrary to the Indonesian Constitution. Death penalty is considered still applicable under the Indonesian law. The applicant are 5 of Australian Bali Nine facing death penalty for drug possessions in Bali.

Legal note: Bali has long become the heaven for Australians' destination for holiday, business or other purposes such as hideaway. Like most other tourist destinations, in spite of the benefit tourism business, locals are aware of the potential threat of cultural differences, crimes and moral hazards brought by foreign tourists. Balinese, like many other Indonesians, are tolerable. However, crimes are an exception, where many tourist are not aware of the existence of the national law and adat law (Balinese customary law). The Australian Government should from time to time to remind their nationals to be more aware, behave, respect the local laws and Indonesian laws during their stay in Indonesia.

[September 2007]:

News: 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".

Legal Notes: To a number of parties, the ruling is unfair, unjust in the name of freedom of speech as been delivered by the defendants' legal counsel. Unfortunately, the Indonesian freedom of speech under the law of Press, the Time publication did not meet a balance and responsible coverage, therefore is unfair to its readers, Indonesians in particular who witness. As been said by an Australian journalist who stayed in Asia for 40 years including in Indonesia for 15 years, western and Australian journalist coverage on Indonesia lost its soul and far from the facts. Australian in particular, fails to understand their true Indonesia friends. It is also publicly known that most major media is owned by single majority shareholder of western big corporations, where news is treated as a media for profit and business and political purposes instead of factual basis. He also reminded Indonesia to empower its public relation for the benefit of Indonesia' good faith in the eye of the international community. According to Indonesian minister of Trade in a press conference, surprisingly most of the western press has never visited Indonesia though they have released a number of investigation on Indonesia.

News: 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.  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.

Legal Note: 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 and ship manufacturing), PT PINDAD (war devices and armoured machines manufacturing), PT KAI (railways, trains and signals manufacturing), Lapan (airspace and satelites manufacturing)  and PT Dirgantara or PT IPTN - (civil aircraft manufacturing).

[August 2007]:

News: 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.

Legal 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 understandable, 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 40 state universities are full with thousands of Malaysians studying engineering, medicine, economics, 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. The Malaysian first civil aircraft manufacturing in year 2004 was also established and led by Indonesians.

News: 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.

Legal 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.

News: Reformation of System at the Indonesian Anti Dumping Committee (KADI). The reformation will cover the system and the Government Regulation 34 year 1996 on Anti Dumping Duty and Safeguards. This is in respond to entrepreneurs' and domestic industries' request for KADI to be more protective and proactive in response to the dumped products of electronics, steel and foods from various sources, mostly from China, following its rejection from the market in the US and Europe. The KADI consist by officers from the department of finance, trade, industry and statistic. The reform will cover public legal certainty during investigation, period of investigation, parties' company secrecy, fairness, and in-depth knowledge. KADI promised the reform will be completed in October 2007.

Note: Generally, the KADI should also reform its human resources, where public knew only small number members are capable and reliable, those days. A notably criminal case involving 8 KADI member are in 2003, where KADI' Secretary Ms. Halida Miljani (now KADI Chairman) found its 8 members received bribe from one of the party' lawyer in order to drop the case under investigation. They accordingly were expelled after found guilty proven by the Indonesian secret agents who tapped their office and home phones, fax, mobile phones, and bank accounts.

[March 2007]:

News: 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.

Legal Note: Geo-Politically, Indonesia is surrounded by the Commonwealth countries such as Singapore, Malaysia, Brunei, Hong Kong SAR, Papua New Guinea and Australia. Indonesia (pop. 240 million - 2006) is the only country in the region where the Allies (the US & Britain) lost the war against Indonesians in order to re-colonize Indonesia during the war in 1945 and 1949. Indonesia won the wars and has earlier proclaimed its independence from the Dutch Colony in August 1945, where first acknowledgement came from the Kingdom of Egypt. During 1945- 1950, Dutchmen in the Indonesian soil migrated to their homeland after losing the war. In 1965, all Dutch companies in Indonesia, nationalized. In 1991 Indonesia dismissed the IGGI (Intergovernmental Group on Indonesia - a group of creditors) led by the Dutch, then a new form of CGI in March 1992 established without the Dutch, which then were also dismissed in 2007. Since 1945, all Dutch-identities were revolutionized into Indonesia identity, covering language, education, politics, statehood, laws and culture. The customary law (adat law) and religion law, rebirthed. Modern Indonesian laws, introduced and incepted. Until now, most of the colonial Dutch laws has been replaced by national laws and legislations. Historically, the first kingdom (and other 70 kingdoms before the modern history) in Indonesia was in year 150, where in 1200-1750 the imperium of Indonesia or so-called 'Nusantara' under the Great Majapahit Kingdom in Java identifies the so-called 'The Eight Territories' covering the current modern Indonesia and the current ASEAN member countries, or simply the whole Southeast Asia (from Kra and Pattani in Thailand, Singapore, Brunei, West of Malaysia and Sabah and Labuan of Eastern Malaysia, Mindanao and Manila of the Philippines, East Timor, Vietnam, Taiwan and Madagascar, and the northern part of Australia), where levies were paid, identical culture and the use of language of Bahasa Indonesia were found.

[February 2007]

News: Indonesian Middle Class must promote Law Supremacy. An inauguration speech at the Gadjah Mada State University addressed by Profesor Boediono (current Coordinating minister for Economy), warns that a sustainable democracy for Indonesia for the next 9 years must be promoted by the Indonesian middle class. To secure its sincere intention toward reformation, the typical of middle class are expected those particularly who grew free from past corruption collusion and nepotism, instead those who previously enjoyed royal treatment and fed by social and economic priviledges prior to the 1998 reformation. The typical of such Indonesian middle class remain small in numbers, where it is represented by the professionals, NGO, and private entities. In terms of Indonesia's economy these days, it is likely that law supremacy must take place  for a sustainable democracy.

Legal Notes: The speech represent perception of a small number of Indonesian young generation who fully support a change in the community, for a better Indonesian human quality in terms of the right attitude toward the community based on the written law and the customary (adat) law. A study found that the major problem lies, that most people accept collusion-corruption and nepotism as part of communal behaviour. It also indicates that written law comprehension is far from expected, where paternalism remain the guidance represented by the the senior people and public officers who unfortunately socially were distracted and misguided. Earlyhood school teaching also missed the lesson to obey and respect written law, where it then become common practice in the adulthood. it is now the right time the small community with the vision to uphold the law to compel the effectiveness of the written law through various legal institutions available