Indonesia Law Update:
(in ascendant order)
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.
Graft Rampant in Education Sector: Corruption Watchdog. The release by the Indonesian Corruption Watch (ICW) are based on the facts that parents found increase in extra fees for their children at public schools, though the government has increased its budget over the school, annually. The ICW urge that corruption in the education sectors is still rampant and that the government must take action to stop the practices. ICW also pointed out the corruption has also become a common practice between teachers and school principal, as well as in regency/municipality education agencies and the Education Ministry. ICW further discovers that teachers commit corruption by charging numerous levies on to student, principals by embezzling or doubling school budgets, and education agencies by extorting or receiving bribes from school, while the ministry meanwhile has allegedly committed corruption through a number of projects. Recent ICW study showed the total amount of money parents had to pay for their elementary school children increased by 18.9%, from Rp.4.01 million (US$436) per year in 2006 to Rp.4.77 million last year. The government set aside 9.1% of the state budget, or Rp.44.1 Trillion in 2006, and 11.8% or Rp.54.06 trillion in 2007 for the education sector. In 2008, it has allocated 12.02% of the state budget, or Rp.48 trillion. The increase in school fees was triggered by increases in direct and indirect fees, direct fees included charges for courses at school, exams, building maintenance, textbooks, study tours, re-registration and farewell ceremonies, where totally reached average of Rp.600.000,- per month for a child�s education. Meanwhile indirect fees include fees for school uniform, transportation, stationery, exercise book, and after-school course. The government allocated Rp.254.000,-/student of financial aids per year in 2007 and 2008 through the School Operational Aid (BOS) program.
Public Service Law Must Also Cover Private Sector. A group of activists has its voice, that public services should focus on the wider context of the state�s responsibility in fulfilling the community�s basic needs, where private sector must be included in the legislation since its role to provide services to public. The consumer law is one of the concern where the law covers only public service, therefore it does not guarantee that private business will provide good services. To reach its effectiveness, the proposed new law shall not only stipulate administrative sanctions which cover civil services, but also criminal and civil sanctions which cover all parties including private providers of public services. However, others has its legally based-opinion, that private sector was outside the public service domain, because it was profit oriented. Private sector are based on full services, where competition is the keyword to grab the market. The new legislation is expected not only cover government officials but also those who worked in the state owned companies. the House plans to finish the legislation later this year.
Analysts Upbeat about Privatization Program. Of the 44 state firms the government plans to privatize this year, those operating in the commodity and infrastructure sectors are most likely to attract investor interest, analysts say. Among the state firms the government plans to privatize are several plantation firms that produce product such as palm oil and rubber, expected to raise at least Rp1.5 trillion. The privatization was aimed at increasing the company competitiveness and freeing the government from non-performing assets, while also generating funds for the state coffers. Investor is also expected to have its interest over state companies operating in the development of infrastructure projects.
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.
Developing Countries React to WTO Proposal. Developing countries on Friday welcomed WTO proposals to farm trade but voice reservations on those calling for further opening of their own markets for industrial goods. The draft agreement on agriculture presented by the WTO a week ago "is a good basis for further work,� according to a Brazilian ambassador, where it sought after positions offer the best prospects for a balanced and reasonable outcome for the Doha Development Agenda. The WTO�s inclusion in its proposal of an average minimum reduction of 54 percent in customs duties leveled on developing country agriculture exports by industrialized nation. The G20, which besides Brazil includes such emerging powerhouses as China and India, had put forward the same proposal. But emerging market countries were less enthusiastic about the WTO draft on manufactured goods, which �largely ignored their proposals�, where �It sparked a negative reaction� according to a source. The WTO text calls on about 30 emerging countries to set a 23 percent maximum level on their custom duties on industrial products. But the document also drops any reference to the number of products a country would be entitled to protect from too sharp a decline in custom duties. The WTO ministerial meeting in April 2008 aimed at forging a north south consensus on trade in farm and manufactured goods with the hope of wrapping up the Doha talks by the end of the year. The European Commission meanwhile gave a cool reception to the new Doha Round negotiating texts from the WTO, urging a better balance. It become crucial that the texts now move forward rapidly and in a way that reflects the mainstream views of the WTO membership. The EU believes that the necessary balanced between the (industry and service) and agri texts has not been found.
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.
Indonesian Industrial Court seen as Ineffective. The ineffectiveness in settling business-related disputes are caused by of a lack of technical guidance, according to Indonesian employers Association (Apindo). Aprindo pointed out numbers of ineffectiveness are those many essential points regulated in the law for the settlement of industrial relations disputes were neglected, unclear schedule of trials, uncomfortable working equipment, inadequate court buildings, improper remuneration and allowances received by ad-hoc judges and lastly unproven judges of knowledge of industrial relations, unavailable judges from district court as a presiding judge, an ad-hoc judge and a court minuter also had caused delays in case rulings then in turn would affect business people and their companies and adversely affected the investment environment. There were about 2.008 reports registered with the court since it took effect in January 2006.
Govt to pursue privatization despite global economy. The government plans to privatize 44 state companies this year, including 10 companies initially planned to be privatized last year. The plan raised critics from the House, where it concerns over current global economic conditions, particularly turbulence in global capital markets led by the US mortgage crisis is unfavorable for the privatization plan, and that the government would be unable to secure the best share prices. Member of the house also indicated that it was aimed merely at generating money to cover the government�s growing budget deficit, which is likely to reach Rp. 87.3 triliun in 2008, or about 2% og GDP. The divestment is expected to raise about Rp.15 triliun. Member of the house suggested the administration take a specific control mechanism to avoid state losses and also to maintain majority ownership in SOEs which fall under strategic national interests
8 years sentence in Prison for Judicial Commission Member. The anti-corruption Court verdict included a Rp 400 million fine for Irawady Joenoes for accepting bribes in a land procurement deal, as the court has proven it violate the 1999 Law on Corruption. Irawady act also had damaged his institution�s reputations. The initial case was the Corruption Eradication Commission (KPK) investigators arrested Irawady and an Indonesian-Chinese businessman Freddy Santosa on Sept. 27 last year. Freddy was sentenced four years in prison on February 21.
Government School Text book Copyrights Take Over.
The Indonesian government now has taken over a number of school text
book from its authors and will list them on the web for free to public.
This in order to provide free and cheap school text books and to reduce
the text book price which amazingly reaching 3 to 4x times higher than
it has to be as a result of oligopoly practices by bookstores. The
policy will also eradicate collusion and corruption between authors,
publishers, bookstores and school. Students and pupils now can download
any school text book valid for five years period available for free at
the official website of department of education.
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.
Government Expects ASEAN Charter to be Ratified by July.
The Charter is expected to be ratified by July after receiving informal
approval from the House, according to a foreign ministry official. The
ramification and thorough explanation documents as requested by the
House will be submitted in April or May, where the House are very
concerned of decision making, consensus, voting, the promotion and
protection of rights.
KPK Seizes Houses of ex-Indonesian Central Bank (BI) Chief Deputy. The confiscated house and an apartment belonging to Iwan R Prawiranata was related to him as a witness in a graft scandal involving the Central Bank, where it is suspected the house bought was from illegal money amounted at Rp13 billion. Iwan soon then become suspect, where three other suspects are current Central Bank Governor Burhanudin Abdullah, director of Legal Affairs Oey Hoy Tiong and Rusli Simandjuntak, head of the central bank s office in Surabaya, East Java. All except Burhanudin are being detained. The report says in 2003 Burhanudin led a meeting of BI directors to Approve the disbursement of Rp. 100 billion from the YPPI. The money was handed over to Oey by YPPI chairman Baridjusalam Hadi and treasure
Indonesian Finance Minister: Bureaucrats are Prone to be Bribed. Ms Sri Muljani a former of Indonesian' IMF officer, strongly suggest private sectors to star to adopt 'zero tolerance of corruption' through not to support bribe as part of culture, in order to create a clean, responsible and respectable government. She noted that bureaucrat who asked for 'grease' do not gain respects from the community. According to a source, the community are very active in reporting bribery and blackmailing by bureaucrats.
Indonesian General Attorney' Officer Caught for Graft. The KPK undercover agents caught the officer, Urip Tri Gunawan, at Syamsul Nursalim house in West Jakarta, an Indonesian Chinese- Conglomerate who then bribed the officer at the amount of USD 660,000 (equal to Rp 6 billion). The graft was suspected in connection to General Attorney' decision to discontinue the investigation of the Liquidity Bank Support by the Indonesian Central Bank in 1997, involving Rp600 trillion (USD 66 billion) financial support to a number of Indonesian banks, which money was then robbed and transferred by the bank owners to a number of Indonesian surrounding countries such as Singapore, Malaysia, Australia, Hong Kong and China.
President Susilo Bambang Yudhoyono appointed Chairman for Institute for National Goods and Services Procurement. The said Institute is under the National Development Body (Bappenas) will be staffed to continuously analyze, monitor and to secure the transparency and accountable government procurement. The institute and its appointment under President Decision 34/M/2008 complements previous President Decision 80/2003 of Government Goods and Services Procurement. The law effectively curbed corruption, collusion and nepotism between government officer and brokers.
Poll of 10 year of Reformation. The poll held by Demos, a research institute in human rights and democracy, shows a fundamental change reduce from 74% in 2004 to 66% in 2007 for freedom to embrace religion, language and culture, also a significant reduce from 74% in 2004 to 60% in 2006 for freedom of speech, to unite and to engage into an organization. This is as a result that democracy in Indonesia are viewed in various form, different paradigm of democracy by the people, and also that democracy find it obstacle from economy policies in terms of globalization. Therefore, a new rigid and solid policy in law and government must win over economy policy. However, significant progress is clearly shown by the actions towards new laws and regulations, significant corruption extermination, less abuse of powers by government officials, and the obedience of law by government officials and public officials.
Poll on Government Legal Officers. The poll held earlier in March 2008 by 867 respondents at 13 major cities in Indonesia shows public disappointment towards legal officers performance these days, where 73,2% perceive no public service are free from corruption by its officers, legal officers in particular. The General Attorney�s Office and Police Institution received 95,4% and 73,4% respondents' distrust, respectively. Indonesian Anti Corruption (KPK) also receive 73,4%, following the arrest of its member (a police retiree) for a graft and blackmailing during a corruption investigation by a state enterprise, last February 2008. Again it is the General Attorney Office and Police Institution were those who did not commit to corruption extermination by 84,7% and 81,2% respectively, including the Supreme Court (75,3%), the Court (82,2%), and KPK (67,2%). Almost half respondents (55,2%) do not trust the commitment to combat corruption in general in contrary to 42,7% who remain in trust. Of the image, General Attorneys good image increase from 29,3% up from 22,3% last year the same period. Even worse, 74,4% respondents distrust the court. It is now the public compel the renewal of new tougher bill of anti corruption, since they perceive the current laws and regulation is good since its inception in 1998, but did not sufficiently implemented. A new credible and accountable legal officer is a must.
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.
Poll on Member of the Parliament.
The polls, generally shows significant perception, where 822 respondents
(over 17 years of age at 10 big cities) low trust is shown for member'
appearance during sessions (24% trust compared to 70,4% distrust), too
much travel abroad than being at office (74,2% agree to 22,9% disagree),
do not aware for people' criticism (69,2% to 27,4%) and always request
additional facilities (agree 75,9%-disagree 22,4%).
Houses of Government Asset valued at Rp371 trillion , missing. The said numbers are houses under government proprietary being reviewed, which big numbers has been transformed illegally into private proprietary, according to the calculation of the Directorate General for State Inventory of the Department of Finance, recently. KPK then seized at least 11 government-owned houses in Bandung, West Java, which has long been illegally transferred into private by the government officers for themselves. Other houses will follow. Of 77 department and government institutions, only 20 has conducted reviews of its assets since 2007.
Temasek of Singapore lost the Case against KPPU. The award by the Indonesian Business Competition Commission - KPPU penalized 9 of cellular telephone operators in Indonesia for monopoly through share ownership at a number of cellular providers in Indonesia. The 9 companies are Temasek Holdings Pte Ltd, Singapore Technology Telemedia Pte. Ltd, STT Communications Ltd., Asia Mobile Holding Company Pte. Ltd, Indonesia Communications Limited, Indonesia Communications Pte, Singapore Telecommunications Ltd., and Singapore Telecom Mobile Pte. Ltd and PT Telkomsel. The KPPU award are that the 9 companies are found for breaching article 27 Law 5 year 1999 on Competition Law (for unfair competition), KPPU also ordered Temasek and its 8 subsidiaries to sell all of its shares at either PT Telkomsel or PT Indosat within 12 months, where prospective buyers must not have an afiliation with Temasek, and finally fines Temasek (and 8 subsidiaries) and PT Telkomsel to each pay fine of Rp15 billion. The Temasek then also found thier lost at the Appeal Court, where the award are tougher than the KPPU Award.
President Susilo Bambang Yudhoyono appoint Chairman for Institute for National Goods and Services Procurement. The said Institute under the National Development Body (Bappenas) will be staffed to continuously analyze, monitor and to secure the transparency and accountable government procurement. The institute and its appointment is drawn under the President Decision 34/M/2008, a complement to the previous President Decision 80/2003 of Government Goods and Services Procurement. The law has effectively curbed corruption, collusion and nepotism between government officer and brokers.
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.
Poll 10 years of Reformation. Another national circulation news papers in Indonesia held its poll by 871 respondents from 6-7 May 2008, shows that generally 75% of respondents shows their great concern over the economy slow down since Reformation 1998. It is the government they blame to cut subsidies for foods, wheat flour, sugar, corn, fish in 1998, and soon to cut subsidy for premium and kerosene. Welfare State in terms of feeding people, lost its meanings when the government fails to secure its people from hunger and unemployment as shown by 50,5% respondents, while 19,7% are for legal supremacy failure and 16,5% for social and welfare failure. Nevertheless, still big numbers of respondents thank reformation for its freedom of speech and to unite. Further, 10 year Reformation 1998 shows positive responses for better security and politics (35,1%), law enforcement (17,7%), social and public access (14,5%), and economy (4,1%). Failure of reformation also shown, where government fails in economy (50,5%), law enforcement (19,7%), social and welfare (16,5%), politics and security (5,4%) and in general (2,1%). Generally respondents find pessimism for a better Indonesia in 5 years ahead (53,6%) pinpointing the unclear of national future plan (66,8%). The 4 amendment of the constitution and the strengthening of public institutions are merely normative, where politicians remain unaware to put great concern over the people. Regional autonomy brought local politics competition, instead of independency and growth for the people.
Poll on Indonesian Police Performance. Following the police overreaction, low performance and unprofessional conduct towards students demonstration at a university in Indonesia causing one student death as a result of police' abuse recently, an Indonesian national circulation newspaper held its poll. The public opinion (61,3%) are in the above opinion in general. In particular, the public perception are very low towards police performance in solving crime (57,5%-unsatisfied, 42,2%-satisfied , and 0,2%-abstain), handling terrorism (52,1%-46%-1,9%), handling corruption (74,8%-24,5%-0,7%), Human Rights Violation (74,3%-23,3%-2,4%), cases involving government officers or member of the police (76,9%-21,2%-1,9%), traffic violation (61,5%-37,3%-1,2%), traffic jams (58,4%-41,0%-0,6%). The public only slightly perceive police are capable at handling traffic accident (46,7%-50,71,6%). On the image, the public perceive policemen are bad in reputation (50,6%) against good reputation (46,7%) and abstain (2,7%) in year 2008, a significant reduce from year 2005 (37,2%-55,2% and 9,8%). Year 2005 is the lowest reaching 57,8%.
Poll on President SBY Popularity. The poll held by IndoBarometer at 33 major cities in Indonesia with 1200 respondents, shows that people now are more in favour for Megawati Soekarnoputri as president if the presidential election is held today (26,1%) rather than President Susilo Bambang Yudhoyono (19,1%). The poll also shows that Susilo' are less favourable for the second term 2009-2014 (50,6% against 31,3%). the major cause for being infavour is the policy to increase oil prices last May 2008, where previously in June 2007 people have more confident toward Susilo (49,5% against not in favor 33,3%). In respond to the next election in June 2009, people has 10 president candidates (from top to low) Megawati (30,4%), Susilo Bambang Yudhoyono (20,7%), Wiranto (9,3%), Sultan Hamengkubuwono (8,8%), Abudrrahman wahid (6,0%), Hidayat Nur Wahid (4,9%), Amien Rasi (4,3%), Prabowo Subianto (1,8%), Sutiyoso (1,3%0 and Yusuf Kalla (1,1%). Of the first three top candidates, it seems that the Indonesian People' choice remain have faith candidates from the army.
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.
Temasek Sell all of its Shares in Indosat Cellular Provider to Qatar. Following the lost at the appeal court, Temasek of Singapore then sold all of its shares to Qatar Telecom. Temasek and its 8 subsidiaries has been found by KPPU for conducting unfair business through direct and indirect ownership and management at 2 major cellular provider in Indonesia, PT Indosat and PT Telkomsel.
Indonesia Anti Corruption Commission (KPK) Initiate Investigation at the Supreme Court. The warrant has been released to start the investigation at the Indonesian Supreme Court (equal to High Court at Common Law) in accordance to fees applied illegally and unreported to the Indonesian State Auditor. There are Rp 31,1 billion (USD 300 million) revenue unreported, an income paid by law seekers at all level of the Indonesian court during 2005-2007, according to the Indonesian Corruption Watch - an Indonesian NGO watchdog.
KPK initiate to Investigate State Loss at BP Migas. The total loss of the Central Government budget to the Local Government of Rp 225 trillion (USD 21 billion) is at Rp 25 trillion. The said de-consentration budget was paid to BP Migas, an independent authority in oil and as exploration and management which shares are fully owned by government. Previously, KPK also investigate state loss at 10 Departments, 11 State Enterprises and 1 Provincial Government, where a bigger number loss was found, where state properties has been awarded and illegally transferred into private properties by government officials during tenure. A number of lands and houses has been identified and confiscated, and the private personnel are now facing trial at the Anti Corruption Court.
Again, KPK arrested 5 staff at the Indonesian Custom Office. The 5 government staffs were found guilty for graft received from businessmen at Tanjung Priok Port, the major port in Jakarta. To respond this, Vice President Yusuf Kalla warned that each party must refrain from bribe, be it the businessmen, staff or higher level staffs. According to a construction businessmen, graft take almost 30% of the business in Indonesia, especially in dealing with the port authorities. They agree to start a 'zero tolerance to bribery'.
The Indonesian KPK - Corruption Extermination Commission Publicly Displays Presents Received Part of Gratification. The presents and gifts are those reported and returned by government officers received from third party in relation to their duties as a public servant, including the member of the KPK, displayed at the lobby of the KPK Office in Jakarta. The presents are classified into gratification presents since it is reported and returned within 30 days to the KPK upon receiving. The aim is part of lesson to public that no exception can be made whatsoever for government officer receiving presents during his tenure as a public servant. More gratification presents will be displayed, according to KPK spokesman.
Legal Notes: The idea to display presents part of gratification by KPK is an original breakthrough by KPK. It is also a good lesson for public now to start adopting zero tolerance bribing government officers. Earlier last month, a number of anti corruption movement of individuals and organizations has suggested KPK to expand their task not only by enforcing anti corruption through law, but also through customary law. The main idea is to put social sanction by disgracing the corruptors displaying through media their corrupted wealth, family, lifestyle and their crimes. Further, the government has consider death penalty for corruptors to be included in the new bill of anti corruption. Basically, the implementation of this idea is an effective law as social tool and will bring a great social shift to build a strong, clean and respectable government.
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
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 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.
6 Parliament Members Arrested in 3 Months Alleged for Corruption. The allegedly members has been monitored by the KPK agents earlier this year, where 3 of them are member of the leading party, Golongan Karya. The members are Anthony Zedra, Hamka Yandhu, Sarjan Taher, Saleh Djasit and Bulyan Royan. Most are alleged for various government projects, such as fire brigade, forest licensing and sea patrol ships, where business partners and related departments officers are also arrested and investigated. In another case, Arthalyta Suryani, a business partner was also arrested and detained for graft of USD 600,000 to a Attorney-General Deputy in a high profile controversial case of the Indonesian Central Bank Liquidity Bank (BLBI) in 1997, involving an Indonesian-Chinese tycoon Syamsul Nursalim who stayed in Singapore since 1998.
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.
Mohammad Mahfud MD Took Seat as New Chairman of Constitutional Court. The seat was taken after voting to replace predecessor Judge Jimly Asshiddiqie, who happen also the second and only candidate during the vote sessions. The new member panel of judge of 9, will take the seat of the prestigious Consitutional Court for the period of 2008-2013.
Two Advocates Organization: in search for legitimacy.
It has been a hard time for the Indonesian advocates, particularly the
law fresh graduates who seeks for advocate license since May 2008,
pinpointed by the competition of two different advocates organization:
Kongres Advokat Indonesi (KAI) vs Perhimpunan advokat Indonesia (Peradi).
Tracking down the competition, it has been a long story since 1980 until
the Advocate Law Number 18 year 2003 was introduced, stipulating the 8
existing law associations to merge into one organization, namely Peradi.
It was also unfortunate for the Peradi who legally failed the basic
legal requirement to held a national congress prior to its
establishment, failing to meet limitation 2 years after the inception in
2003, meaning passing the limit in 2005. This failure is the basic
acclaim by KAI, where KAI further accused Peradi's exclusiveness and not
transparent of high fees charges for new members. The KAI then held its
own national recruitment in August 2008 at 24 provinces claiming 11,000
existing and new members, and issuing its new card members acknowledged
by a number of courts in late September 2008. The initial case was
culminated by the Peradi' revocation of a senior lawyer advocate license
in May 2008, for some see it merely of a business competition between
both, but then triggered other member who dissatisfied with the Peradi'
policies so far. The Indonesian Constitutional Court, Minister of
Justice and the President Susilo Bambang Yudhoyono suggested both
organizations to unite.
Member of Indonesian Fair Competition Committee Arrested for Graft. The person was arrested following the 2 months initial watch by the KPK, where he then was caught in hand carrying a suitcase with Rp500 million from one of the other arrested person, Billy, a president director of a private TV Cable services who are party in a competition case. Both persons are now detained for the next 2 months for further investigations by KPK.
Public Attorney Sentenced 20 years Imprisonment. The Anti Corruption Court has its verdict early this month of September following set of court sessions with the suspect Urip Tri Gunawan, a senior officer at the Attorney General Office (AGO) allegedly receiving bribe of USD 660,000 from Artalyta Suryani, an Indonesian Chinese businesswoman. The court found that the bribe was allegedly related to his position as leader at AGO's team investigating the embezzlement of Bank Indonesia liquidity support (BLBI) involving Indonesian tycoon Syamsul Nursalim who now a fugitive staying in Singapore. Syamsul, former director of Bank Dagang Nasional Indonesia, misappropriated Rp28,4 trillion in BLBI funds during 1997. Artalyta herself was also a suspect, has been sentenced for 5 year imprison. The case keep rolling, where KPK taps a number of telephone conversations, where still a number of high rank officers at the AGO, are linked and directly involved.
3 Indonesian Universities are Among 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.
Poll of 48 Months of SBY Administration. The Poll was held by a national circulation newspaper in mid October, where the President of Indonesia, Susilo Bambang Yudhoyono administration image remain high at 65% compared to 47,8% in his 45 months administration. The indicators are as viewed by its 67% respondents� satisfactory, such as in economy increased significantly from 31.1% Iin 45 months) to 46,8% (in 48 months), social welfare increased from 42,6% to 55,5%, politics increased to 57,3%, law enforcement remain stable at 49%. Decrease are of politics and security down from 57,3% to 39,7% in spite of the increase of SBY�s popularity to 81,4%, where respondents perceived his administration image remain excellent. At least half of the respondents of 54,5% will re-elect Susilo Bambang Yudhoyono for next term President of Indonesia, if the election si held today.
State Auditor (BPK) audited State Assets and Properties. The audit a covers assets and state properties management (BMN) in 23 ministerial and government institution, including the Indonesian Armed Forces Institutions and the Defense Department. The initial audit shows potential State loss as an impact of mismanagement of state property. The report dated as of 17 July 2008, stated that the mismanagement occurred in various forms, such as the misuse of state property, improper use of state property, wrong implementation to secure and the maintenance of state property, and illegal transfers of titles. In some cases it also finds the right utilization but improperly reported. The detail of the report remain under progress.
KPK Searched West Java Provincial Government Office. The searched offices are of the office of the Governor, deputies and secretary with regard to initial indication of fire brigade and heavy equipment corruption in 2003 by the said former persons in charge in 2003. The case may incurred state loss at Rp 50 billion. Three person has been identified as a suspect, such as the former Governor of West Java, former head secretariat for equipment bureau of West Java and a supplier of the equipment and fire alarms. All suspects actually has returned the state loss for Rp.11 billion. The current Vice Governor, however fully support the search and investigations as its commitment to build an open and transparent administration, a lesson the senior shall learn from the junior of the spirit of a clean and respectable government.
2 Former Indonesian High Officials of the Indonesian Consulate General in Kinabalu arrested by KPK. Two former high official at Indonesian Consulate General connecting office (KJRI) in Kinabalu. Kuching, Malaysia, Ayi Nugraha and Kamso Simatupang was arrested by Corruption Extermination Commission (KPK). The arrest of the former Head of Immigration Sub Directorate, was a result of further investigation from the arrested of former Kinabalu (Malaysia) Consulate General Arifin Hamzah, earlier. KPK Spokesman, Johan Budi said, AN (Ayi Nugraha) and KS (Kamso Simatyupang) and AH (Arifin Hamzah) become the suspect of corruption case for double tariff immigration in Kinabalu in the period of 1999-2000. This case will harm Indonesia for the loss of Rp.11.7 billion. Previously the same case occurred at the Indonesian Embassy in Kuala Lumpur, the case has brought a number of high officers to jail, including the two former ambassadors, which one, General Rusdiharjo, happen to be the former Indonesian Chief Police).
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�.
Indonesian Parliament Delayed Draft of Bill of Supreme Court. The bill has been a controversy for the last 2 weeks, only at the articles stipulating the Supreme Court judges to serve the office until age of 70, 5 years longer than the current law. Some people perceive it as at least 30 of the members of justice soon are on retirement this year. The Supreme Court Chairman, Professor Bagir Manan himself previously succeeded a decree extending 2 years additional retirement in June 2006 benefiting 9 judges on retirement. This decree sparked controversy where he is on a 'special agenda', such as to the 2009 election ahead, to maintain the court mafia versus KPK actions and other NGO movements to curb court mafia involving most of the judges, as Berlin Based Transparency International list the Indonesian Supreme Court among the country's most corrupt institution. Currently, there are 48 justices, of whom eight are set to retire in 2008, ten in 2009 and nine in 2010. Bagir himself shall retire 6 October 2008, but if the bill pass the parliament before it, all the judges will remain in the office until 2011.
Poll: Mapping Out-New Voters. The presidential and legislative election 2009 is ripe, as shown by positive response by new voters, where it appears most of 86.4% will vote. However, a decrease of 5% is shown by age 22-29 years and 30-40 group of age. A worst figure of 79,3% are also shown by the group of age more than 41 years old. From all group of ages, only 1.5% of respondent knew almost all existed political parties, this is mainly because of poor socialization by new parties. The main reasons to vote by the new voters are mapped as: fulfilling their obligation as an citizen (67.4%), winning one of the political party (11.8%), a new experience (9%), just for fun (0.9%), etc. If the legislative election is held today, as much as 33.9% new voters are not yet decided which political party they shall choose. Furthermore, as much as 49% of respondents of new voter will choose big parties such as Golkar Party, Democrat Party, PDIP, and PKS. New voters are easily influenced by sort of interests such as parents, friends, relative, neighbors, mass media (60-67%), poster or brochure and internet (0.5-2%). According to respondents, programs that needs to be developed to attract them, are more on education and health (30.8%), prosperity (21.3%), and economy issues (13.1%).
30 Prisons ready to be operated. The new prisons are ready to be occupied, according to the Social General Directorate of the Indonesia Department of Law and Human rights. The new prisons are to accommodate the over capacity of all prisons in Indonesia, where of those 30 prisons provides 15,000 new rooms with the assumption 500 rooms per prison. Of the capacity of 88.949 rooms of prisons, the total of occupant in the prisons in all over Indonesia counted as of August 2008 are as much as 131.339, consist of 54.494 of prisoner and 76.845 of criminals. In such way, the over capacity reaches 46.051 prisons or 51.7%.
KPK and FBI Concluded MOU. The Federal Bureau of Investigation (FBI) of the United States will support KPK in searching and the return of the corrupted assets by Indonesian corruptors identified in the jurisdiction and territory of the United States. The cooperation will also covers in the area of exchange of information, cooperation development, anti corruption programs and transfer of technology.
A Number of Former High Rank Officers, Arrested for Corruption. At the Indonesian Central Banks, two former deputies Oey Hoey Tiong (Deputy for Legal Affairs) and Rusli Simanjuntak (Governor's Bureau), are facing six years imprisonment. Both are defendants in a case relating to Rp 100 billion of misappropriated funds from the Indonesian Bank Development Foundation (YPPI) in 2003. Oey allocated Rp 68.5 billion to pay the legal assistance expenses of five former Bank Indonesia officials involved in the bank liquidity assistance funds (BLBI) case. Rusli allocated Rp 31.5 billion to 3 members of the Ninth Commission of the House of Representatives (DPR). During dispersing these funds, Rusli himself illegally received Rp 3 billion for his personal benefit which is against the Anti Corruption Law No. 31/1999 article 2, section 1 and article 18 as amended by Law No. 20/2001 on Corruption Eradication. At West Java Governor's Office, the KPK in a case related to a Fire Brigade Vehicle Procurement Case, West Java Former Governor and Business Partner were arrested. Both Danny Setiawan and an Indonesian-Chinese businessmen Yusuf Setiawan are charged under the article 2 section 1 and article 3 Law No.31/99 jo. Law No.20/2001, where potential state budget loss may harm financial state loss at Rp.56 billion, though both had returned the money at the amount of Rp.12.5 billion to KPK. Other two suspects awaits to be arrested. At Manpower Department, the KPK also detained six suspects in a suspected corruption case, where one of them was the former secretary for the Director General of the Manpower Department, and there are 5 from business partners from private companies. All the six detained under article 2, section 1 and article 3 of Law 31/1999 amended by Law 20/2001. At an Indonesian State Enterprise, former financial director Ranendra Dangin become suspect in a procurement of imported white sugar by the company and the Bureau of Logistics from 2001-2004, a strong indication violating Article 2, section 1, Article 3 and Article 8 of Law No. 31/1999 as amended by Law No. 20/2001 on Corruption Eradication.
Education of Corruption Eradication for University Students. The Cooperation Project by both KPK and the United States Agency International Development (USAID) under the MCC ICCP (Millenium Challenge Corporation Indonesia Control of Corruption Project, is a USAID support project in order to support Indonesian Government in combating corruption). The aim is to educate to corruption eradication for university students. The 2 years-program covers the knowledge to use recording equipments at the anti corruption court to legal research of reports and legal analysis. Trainings are also provided for lecturers and university students, by disseminating to high school students, covering knowledge of corruption, value and ethics at early age. 5 universities are those appointed to conduct the project: University of Sahid (Usahid) a private universities will represent Jakarta, while other 4 are State Universities: the University of Sumatra Utara - Medan, University of Sriwijaya - Palembang, University of Hasanudin - Makasar, and University of Airlangga -Surabaya.
Office of the General Attorney Investigate former minister of Department Law and Human Rights. The investigation of Yusril Ihza Mahendra, is related to corruption case at the General Directorate of General Legal Administration (AHU) in Department of Law and Human Rights (Depkumham). He was mentioned to sign Minister Letter approving the project and directly appointed PT Sarana Rekatama Dinamika as a developer. The project has caused lost financial state for Rp.400 billion. Prior to this, 18 others witness has been investigated, such as former General Secretary of Depkum HAM, Hasanudin, and former Directorate General Secretary AHU, Aan Danu Giatono, including Yusril' ex-wife, Kessy Sukaesih.
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.
Six Appointed New Supreme Court Judges. The Indonesian Parliament of the Third Commission on Legal and Human Rights, announced the said six persons. The six took a long waited process of 10 steps at the Indonesian Judicial Committee and 2 steps at the Parliament before stepping into voting process by 47 out of 48 members of the Parliament. The six judges are Suwardi, vice chief of second instance court DKI Jakarta who earned 44 votes, Takdir Rahmadi, Lecturer at Law Faculty of Andalas University (42 votes), Syamsul Ma�arif of ex Chairman of Fair Business Competition Commission � KPPU (38 votes), Andi Abu Ayyub Saleh Head of Law Faculty of University Hasanudin in Makassar (33 votes), Djafni Djamal - Chairman of Second Instance Court in Mataram (27 vote), and Mahdi soroindo Nasution Chairman of Second Instance Court in Pekanbaru (18 votes). The composition of the voted-then elected of six judges background are 3 from career judge and three are from non-career judge, which expectation was 4 to 2. The elected judges are expected to bring a new atmosphere in Supreme Court.
Ask for Appeal, Artalyta� Sentences, Higher. The verdict was delivered early November, sentencing Artalyta for 5 years and additional five months of sentences. The Court of the Second Instance receiving the appeal, in the verdict found that the first court of instance has applied the correct law. Artalyta Suryani is a Chinese-Indonesian businesswoman who is directly involved in a graft case to a senior officer at the Attorney General Office in Jakarta earlier this year, to protect an Indonesian-Chinese Tycoon involved in a misuse of bank liquidity support case. The case then further expanded, following a number of recorded phone calls conversations, tapped by the Indonesian Anti Corruption Commission, KPK.
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.
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.
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.
Dismissal of 2.291 Government Officials of Jakarta Province Office. The dismissal is part of the framework to reorganize the structure, according to regulation No.40/2008 on Organization Formation of Local Government Framework. The new law will dismiss 14 district instruments, which will eliminate 5 district secretary assistant to 4, 11 bureau into 10, 26 government service into 20 and 16 district technical institution into 1. The progress will take place in December 2008 and completed in January 2009. The new form is expected to cut budget loss, decrease corruption and increase efficiency.
Poll: Public Service and Public Safety in Jakarta. The majority of respondent stated that compared to other public services, security services is still disappointing. The citizens of Jakarta admitted extra precaution remain needed in public places, such as bus stop, train station, harbor and highway. According to October 2008 statistics, crimes committed reached 40.124 cases. The major causes to these are the limited of human resources availability, in spite of life pressure socially or economically, triggered by the violence as shown on television. 77% of respondent see that, bus station is one of the place extremely dangerous for crime, followed by airport (85.0%), traditional market (66.5%), highway (49.9%), train station (40.4%), harbor (37.1%) and house and its surroundings (89.9%). Other polls on public services shows significant quality progress, where citizen found no hassle in obtaining or renewing their Identity Card at the local government institutions, as to compare to 10 years ago in 1998. The figure shows 22 % in 2008 compared to 40% (1998) of respondent are compelled to utilize agents to do so, causing them extra expenses, the same figure applied in obtaining driving license and car registration (20% in 2008 to 58% in 1998). Both quality of services also gained positive responses for ID card from 58% compared to 29% in 1998, for driving license, the service is 60% better compared to 52% in 1998.
Police Officer Committed to Crime, increased by 17%. The statistics shows the figure is 6.610 (2008) an increase of 17% from 5.436 (2007), according to the Head of Profession Division and Security of Police Center Station in Jakarta. The types of crime mostly are misuse of authority and leaving duty area without permit. The full figure shows that in 2007, violations committed are by 4 high rank police officers, 147 senior police officers, 561 junior police officers, 4.648 second year officer, 33 freshmen and 48 government officials. Compared to 2008, the figures are 122, 610, 5.767, 41 and 25, respectively. On a provincial basis, the big 5 rank for violations in 2007 are North Sumatra, East Java, West Java, Lampung and South East of Sulawesi. For the year 2008 are West Java, Middle Java, Jogjakarta, East Java, and South Sulawesi. Besides discipline violation, the variants includes late for office, and uniform tidiness, where the figure in are 12.776 cases (2007) and 39.751 cases (2008).
Jakarta Budgetary Madness. The Indonesian budget watchdog, the Indonesia Forum for Budget Transparency (Fitra) voices out, that the proposed budget scheme for year 2009 for the Greater Area of Jakarta of Rp 22 trillion (USD 2 billion) is far from poor-oriented and stresses more on political needs. Surprisingly, the budget for the poor are set at 1,7% as to compare to the budget law harmonization/law making at Rp 7 to Rp 8 billion. The said number is suspected allocated to bribe the legislative to issue �troubled� regulations and to protect the bureaucrats from citizens� legal suit against the troubled regulations and misappropriate use of budgets. According to Fitra, the said proposal breached article 155 of Law No.32/2004 of District Budget Prohibition. Other surprising and less important budgets are the budget for Governor�s dry cleaning at Rp70 million, or laptops at Rp 35 million (where the most laptops are Rp10 millions).
Indonesian Broadcasting Commitee Team Published 4 Improper TV Programs. The programs breached the Law 32/2004, are film with title Bleach (Cartoon), Detective Conan (Cartoon), Naruto (Cartoon), and other High School TV Programs, notably such program did not suit and did not protect students and teenagers morality. Further, the Team found other 84 TV titles of 316 episodes broadcasted by 9 private TV stations (Indosiar, SCTV, TPI, RCTI, Global TV, ANTV, TransTV) and one government TV (TVRI), breach the abovementioned law. Such TV programs contained non-rated of visualization and substance including coarse language, verbal and non verbal violence (physical and non-physical), no rating of norms and classification of audiences.
20 percent Annual Budget for Education Sector. The Indonesian Constitutional Court has its decision in 13 August demanding the Indonesian government to raise up to 20 percent of state annual budget allocated for education sector as addresses by the Indonesian Constitution 1945. The budget shall raise from Rp 154.2 trillion to Rp 224 trillion next year, where in 2005 was Rp 78,5 trillion. The current 2008 budget of Law 16/2008 was challenged against the Constitution 1945, since Law 16/2008 provide only 15,6% budget portion. The budget is expected to meet education standard all over Indonesia. In line with the decision, two days priori to the 13 August 2008, the President addressed a speech confirming his administration to set higherbudget for education the next annual state budget 2009.
Legal Notes: The Indonesian Constitutional Court decision and government commitment over 20% education budget for 2009 hailed positive responses from teachers and education institutions, particularly state owned-universities. People now noted that 57 state owned-universities (providing 99,360 seats for undergraduate degree leading bachelor degree, annually) all over Indonesia are receiving a very low budget since year 2000, compelling them to set out new independent financial and budgetary as allowed by the National Education Law through BHMN concept. Under the BHMN, 6 state universities (ITB, IPB, UI, UGM, Airlangga and USU) are free to set their own fees and tuitions, which is considered high. Other state universities follows later in 2004. Previously, students are fully funded by the government during 5 to 7 years study period, provided they passed the national examination. Unfortunately, such conception with fee orientation now provide more rooms for the haves but lesser portion below 20% of seats (out of 99,360) for the poor students, who may not be able to pay high tuition as much as private universities. While it remain undisputable, that prior to the BHMN concept in 2004, the National Entry Exam to Indonesian State Universities are very tough, with annual from 400,000 contestants out of 750,000 high school graduates, the competition rate are 1 to 20 to 1 to 300 (depending on the reputation of state universities and favorite faculties), where the best and the brightest high school graduates are those who studied at state universities filling total 99,360 seats. As for its good reputation, state graduates received positive job market within and outside Indonesia, a university for thousands of foreign students, mostly from Malaysia who studied engineering and medicine. However, as a result of its current independent financial and policy, now state universities orientation are merely of benefit where bright students but poor are given limited access and seats, where in the future its reputation may be at stake.
Poll: KPK Performance for Corruption Extermination The poll published by a national circulation newspaper was held by an NGO - the Indonesian Corruption Watch-ICW. According to ICW, the first 5 years (2002-2007) 59 persons were brought to the anti corruption court from various professions, such as senior government officers (22 persons), member of the Commissions and Secretary General (12), businessmen (10), Governors/Majors (5), staffs of the Supreme Court (5), ex-Ministers (2), lawyers (2) and public attorneys (1). On the amount of state loss-handled, 30 cases involving state loss of Rp1billion to Rp20 billion, null/void loss (20 cases), over Rp100 billion loss (5 cases), Rp61 billion to 80 billion loss (3 cases) and Rp21 billion to Rp40 billion loss (2 cases). On a sectoral basis (December 2007 to Juli 2008), the government officer or the executive are at the most corrupt (6 persons), followed by the legislative (6), private entities (4), banking (3), state enterprises/state commissions/public attorney (each 1). The government has also provided at least 6 laws since 1999, to fully support KPK moves, including the right to eavesdrop/ tapping phone lines of a suspect. Also recently, the KPK has publicly announced a new uniform for a corruption suspect during trials/sessions.
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.
39 months of Susilo BY Administration: Decrease of Economy Confidence. The Poll held by a national circulation newspaper on 15-17 January 2008 with 1356 respondents at the age of minimum 17 years at 33 Major Provincial Cities, shows that people are less confident on the government ability to resolve economy downturn. In economy, the poll shows significant decrease of confidence from 77,5% (July 2005) to 64,2% (October 2005) to 49,9% (January 2008). Public dissatisfaction on government control of the hike of prices, increased from 76% (November 2007) to 82% (January 2008). International price hikes of rice, fuel, and kerosene, directly affected the increase of food prices where most people are affected, causing increase of poor people from 35,10 millions (early 2006) to 39,5% (January 2008). These affects SBY administration image decrease from 74,9% (November 2007) to 74,6% (January 2008).
Corruption Exterminatiaon Fails to Touch High Rank Officers. Indonesian Corruption Watch (ICW) released its research, that only a small number of corruption case solved in 2007, saving state loss only the figure of Rp46,74 billion, which significantly different to numbers released by State Financial Controler (BPK) of 5.717 corruption cases of Rp 8.085 trillion. ICW stressed out that those who were arrested by the the General office Attorney' Offices and sit for trial are those at middle level of provincial government officers instead current director generals or directors at state departments.
Indonesian Central Bank Directors become Suspects. Again, KPK determined 3 high rank officers at the Indonesian Central Bank as suspect for corruption case of illegal transfers of money to the member of the house, which was related to the bill of central banks issued earlier. Burhanuddin Abdullah (as Chairman), Oey Hoeng Tiong and Rusli Simanjuntak as deputies are responsible and will soon sit for trial at the Anti Corruption Trial. Previously two Chairman Sjahril Sabirin and Soedradjat Djiwandono were sentenced and spent their days in jail for corruption.
New Year Hit by KPK. Following its appointment for the period of 2008-2012, the new team announced a suspect Rusdihardjo (Ret Police General), also an ex Indonesian Ambassador (2005-2007) for Malaysia and ex indonesian Police Chief (2001-2005), the highest rank in Police. Rusdihardjo will be charged for illegal fee admissions at the immigration desk at the Indonesian Embassy during his tenure. Mr Wayarabi Alhadar, his predecessor was also charged 2,5 years imprisoned and Rp1,7 billion fee payable to government account, an amount he illegally received during his tenure. An immigration staff was also charged for corruption.
Poll of Indonesian Human Rights Practices. The Indonesian respondents are posed with choices of satisfied, unsatisfied, and abstain for their level of satisfaction over the government performances in various area of life. The respondents are of the opinion that the lowest is for equality before the law with 16,1% (for satisfied), 81,6% (for unsatisfied) and 2,3% (for abstain), while the next lower figure is for proper job (21,9%-77,3%-0,8%), proper education (35,3-63,5-1,0), proper housing (36,4-61,4-2,2), proper health (40,0-59,2-0,8), proper security (40,5-57,1-2,4), adequate freedom to unite (43,5-44,5-12,0), proper food (45,7-53,2-1,1). However, the Indonesian people has its reward of satisfaction for the freedom to express and to speak (59,5-36,6-3,9) and the freedom of faith and religion 79,5-18,7-1,8). In particular questions, respondents are posed to their current jobs, where e is of school termination, where the last 5 years remain below 5% annually (2003/04-2004/05-2005/06-2006/07-2007/08) for those at the elementary to high school thanks to the government 20% of its annual national budget education program, except those at university level increased significantly from 5%-7,5%-12,5%-12,5%-18%, respectively. The current Poll in respond to the Human Rights Day 12 December 2009 in Indonesia, was held a national circulation newspaper with 814 respondents with minimum age of 17 years, at 10 big cities on proportional basis, shall however do not represent the national perception.
Legal note: For over six decades, Indonesia has acknowledged Human Rights in its Constitutions, and as a consequence of a number of UN Human Rights Convention, Indonesian Government has ratified a number of UN Human Rights-related Conventions, namely the Convention on Elimination of Race Discrimination 1965 in 1999, Convention on Civil Rights and Politics 1966 (in 2005), Convention Economy, Social and Culture 1966 (2005), Convention on Elimination of Discrimination Against Woman 1979 (1984), Convention Against Torture 1984 (1998), Convention on Rights of Child 1989 (1990) and Convention on Protection for Migrant Workers 1990 (in progress). However, challanges remains since unlike other country in the region with less complications, Indonesia has with 230 million population spread into 13,000 island with over 550 different ethnics and 60 different major dialogues in 33 provinces with 30 different political parties. Further, the wide range of social-economy-education figure, keeps the challenge remain from time to time for any administration to solve. The reformation 1998 however still seen as a strong foundation to keep moving.
The Coinage of Justice: Indonesian Prita Case Supporters Collect Coins. The collected Indonesian Rupiah coins reaching Rp400 million (USD 58,000) within 3 weeks by her supporters all over Indonesia, aimed to help her to pay the Rp204 million fines in civil trial at the Appeal Court of Banten. Prita, the defendant, is an Indonesian woman who was charged both for civil case and crime case for defamation, in respond to her wide spread email complaining the hospital medical mal practices, which was not well-settled by the hospital administration. Prita suffered her partial eye loss as a consequence of the said malpractice. The public merely see the trial as a �game� or hideaous trial performed by the local hospital in Banten Province (100 km west of Jakarta) and the local law officers of the court, the judge panel, the public prosecutors and the police, for the benefit of the hospital as a plaintiff. The �Coinage of Justice� is a symbol of an unjust trial, represent the urgency to reform the incapable and low integrity of the law personnel since no sufficient articles were charged, and no sufficient legal rationale were applied. The court initially dropped the charges based on article in the IT Law. Recently, the civil trial was dropped by the hospital through a reconciliation scheme involving the Indonesian Department of Health as mediator, but still the draft is seen to be unfair for Prita. However, the criminal trial, remain. Lately, it was found that most local government public officers enjoyed medical services from the said hospital, for free. In a different case at the same hospital, a mother of twins, give birth to two blind child as a result of mal practices, but her case was dropped by the police for the mother is capable for the blindness of the babies. Interestingly, a different opinion has been brought by a hospital in Australia confirming the mother herself is in a good health during delivery and no possible of eye loss may result.
Indonesia' forests 28% deforested. The Indonesian forest stakeholders met to seek synchronization between the local and central government of regulation suspected nit inconformity to the Law 41 year 1991 on Forestry and Law 18 year 2004 on Farm. It is noted that most local licenses are mislead due to law misunderstandings by the locals and local government official, such as farming licenes at forest area indeed required minister of forestry in Jakarta, which is found covering 3,1 millions hectare of misuses. The total deforested area now reached 40 million hectares out of total 135,9 millions.
Indonesia to Review Free Trade Agreement (FTA) ASEAN-China. The review are as requested by a number Indonesian manufacturer associations in anticipation of the impact which FTA in force in 1 January 2010. The associations manufacture primarily are steel, footwear and textile, are seen as sensitive products less competitive and therefore, seeks for more protection from the Indonesian government. Other industries are furniture and cosmetics, where the Indonesia less competitiveness are due to in favorable policies applied by the government of China for its domestic industries, such incentives and better infrastructure. Thus, the FTA is seen merely for the benefit for the said countries. To respond this, the Indonesian department of Trade and Department of Industry will set up a team to review the said possibility.
Smuggling, Increased in Number, Decrease in Loss. The Indonesian Minister of Finance announced the number of the attempts in 2009 increased 7 times compared to 2008, particularly cell phones smuggling. The success effort of the Indonesian customs has decreased the number of cases to 2093 (2009) from 2109 (2008), but in turn the potential loss increased almost double from Rp254 billion (2008) to Rp598 billion this year. For particular items such cell phones and its accessories, there are 85 cases with potential loss of Rp11 billion (2008), while the figure in 2009 is 141 (Rp75 billion) for textile is 82 (Rp3,1 billion) to 56 (Rp43.3 billion), respectively.
Poll on Reformation of Law Institutions and Law Public Officers. The poll was held by a national circulation newspaper earlier November 2009, at four subjects. The first is of the public opinion towards the general performances of 3 Law Institutions, namely the Police, Public Attorney and Ministry of Justice, where public are in general satisfied of the task-handling performance of the police at 32,6%, the Public Attorney at 24,3% and Ministry of Justice at 27,2%, but more are not satisfied at 65,4%- 69,3%-62,3% and abstain 2,0%-6,4%-10,5%, respectively. Further, public are of the opinion toward the Police performance in handling crimes (57,0% are satisfied, 42,3% not satisfied, and 0,7% abstain), in drugs extermination (66,2%, 33,2% and 0,6%), in combating terrorism (84,2%, 14,9% and 0,9%), then in eliminating corruption-collusion and nepotism (26,4%, 71,0% and 2,6%), respectively. In particular, public also has its image toward policemen, a significant increase and decrease chart of 0 (very low) to 80 (good) scale over the last 9 years from 2001 to 2009, as it shows good images (40-25-42-37-55-52-49-46-45-42), bad (50-65-47-55-35-45-46-50-55), while abstain remain stable below 10 scale, respectively. Lastly, is the poll of public perception of a better or worst institution performance towards the Public Attorney over the last 11 years (since the reformation 1998), where 32,8% sees it is better, 14,2% says it remain good, 22,4% says remain bad, 24,2 for worse and 6,4% abstain, while for the police institution its says 43,9%-13,2%-19,6%-22,2%-1,1%, respectively. The poll held by the R&D of the said newspaper on 10-12 November 2009 out of 823 randomed respondents of minimum age of 17 at 10 big cities in Indonesia, shall however do not represent national perception over the poll.
Momentum for Self-Reflection of Public Law Enforcers. Following the publicly-broadcasted the notoriously bribery-conversation over the telephone of 4 hours and 30 minutes between a number of high rank police officers, officers of general attorney and businessmen as tapped by the KPK mid 2009, public is hailed to rage and brought all those officers and institutions at the lowest trust as the conversations indicated strong evidences of a corrupt police and the AGO including a scenario to tear down two deputies of KPK. The breakthrough at the Indonesian Constitutional Court to publicly heard the recording held numerous comments from law academics and reformist says that it is the right time to make self-reflection for reformation at those law public enforcers, not only of institution reform, but also to speed up corruption extermination. Since 1999, corruption extermination has been supported by 5 laws and 13 regulations, 3 laws as legal basis for each police institutions and AGO, is seen more than sufficient to establish a good governance in Indonesia. The police institution in particular, has been at the lowest public trust and disgrace so far, for its reformation is seen merely only at structural levels instead of cultural reform, according to a law professor at a state law school. Whilst transparent recruitment and merit system for a new police member must be implemented accordingly to secure and to assure that the best persons are recruited, in spite of to increase its welfare, which other law academics sees welfare increase is irrelevant. Public urge to conduct total reform accordingly, to avoid street mass rage, which is now clearly seen, as well as 1,3 millions Indonesians facebookers supports toward the legal settlement of the current bribery by the said Indonesian-Chinese businessmen Anggoro Widjoyo and Anggodo Widjojo toward the police and AGO, and further the police and AGO grand scenario to disfunction and authority dismantle of KPK.
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. Transparent and qualified legal system is also another issue in Malaysia, where most criminal cases of human abuses no yet settled.
Ex Head of Banten High Attorney Office Found Guilty For Arresting Prita The Indonesian Attorney General Office Inspector found guilty 3 of the 7 public attorneys involved in the of Ms. Prita Mulyasari case, for the disciplinary violation during the arrest and detain. The said 7 public attorneys are; Ex Head of Banten High Attorney Office Dondy K Sudirman, the Head-Section of Prosecution Raharjo, the Document Examiner Attorney Rachmawati, the Head-Section of General Criminal Act of Tangerang Second Instance Office M Irfan Jaya, the Assistant of General Criminal Act of Banten Second Instance Office Office Indra Gunawan, Chairman of Tangerang Second Instance Office Suyono, and the Court registrar Riyadi. Raharjo and Rachmawati found guilty for ordering the return of case documents by violating the procedure, while Dondy found guilty for issuing arrest order of Prita without a consideration to the condition of the suspect, Prita who is a mother to a child/baby at that moment.
Legal Notes: The Prita case in May 2009 increased mass rages due to the lack of capabilities and insensitive moves by the general attorney officers and policemen in interpretation and applying the laws of the Indonesian consumer protection rights, law of media, law of IT and the human rights. Prita, a patient of a private hospital spread to ten of her close friends due to her lost of one sight as a result of medical malpractice by the Omni International Hospital in Banten Region, West Java, a city 70 km away west of Jakarta. Unfortunately her email triggered legal action by the Omni hospital brought her to jail, while Prita herself is pregnant, supported by the police and public attorney officers. The typical of most Indonesian policemen and public attorneys lack of understanding the law due to its very limited intellectual capabilities has brought the case nation-wide of strong criticism to totally reform the recruitment, to increase the human resources quality and capabilities, including reform of moral hazard, to serve better the community.
The General Attorney Office to Fix The Recruitment System. Recruitment system in the Attorney General Office (AGO) are still considered flaw. The office plans to revise the attorney candidate requirement, such as irrelevant requirement of body heights, a regulation effective in 2007 in simplification and a system point on the principle of transparency, accountability, and public interest. The selection committee must be clean to make sure the regulations are well enforced and to avoid corruption.
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.
Intentionally-Flaw Law: Susceptible for Revocation. Chairman of the Indonesian Constitutional Court suspected that recent Indonesian flaw-laws are made not because the parliament or law makers are less comprehensive, but merely of political cheating and pressures from time to time. This has significantly seen as the law are not well tailored with a consequence to be being inharmonious or are in contrary to the Indonesian Constitution as a paramount of law. The law then may result in an unfair law, discriminative, breaching the principle of collectivity and the law firmness. The Indonesian Chairman Constitutional Court is in hope that the predecessor parliament member of 2009-2004 shall work carefully and seriously to maintaining the law tailoring.
New Law on Anti Corruption Courts is susceptible to be Revoked. The said statement was released by the National Law Reformation Consortium (KRHN), Indonesia Corruption Watch (ICW), together with a numbers of other anti-corruptions civil societies. The new laws was tailored and released by the Indonesian parliament a week prior to its tenure, where then the law are not well tailored and are subject to be challenged before the Indonesian Constitutional Court. Points of article are (1) unclear definition of public prosecutors (Article 1 (4)) a definition said to be defined under (unclear) national law, (2) Article 28 on compulsory requirement of court permission for tapping of suspect corruptors, which indeed in contrary to the commitment of a good governance, (3) Article 26 of judges composition for corruption case defined by the Chairman of First Instance Court, a double standard on the management of a corruption cases, and finally (4) Article 35 on the establishment of anti corruption court at every provinces in Indonesia, which is doubtful due to its bad reputation and mal-administration, including poor judges qualifications and poor performances in fitghting corruption.
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.
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�.
Increase of Public Satisfaction Level on Susilo Bambang Yudhoyono� Administrator Performances; The survey by Lembaga Survei Indonesia (LSI) on 18-28 July 2009, was held randomly to 1.270 respondents all around Indonesia. On the national security and public order issues, only 55% respondent gave positive response (July 2009), as to compare to 67% (May 2009), which may caused by the bombing incident 17 July 2009. On the Economics and educations issues, there is an increase to 59% (July 2009) as to compare to 29% (September 2008). On the war against corruption, 84% (July 2009) are satisfied as to compare to only 45% (September 2007), and particular 84%. respondents agreed that the government is capable on eradicating corruption. In general, 85% of the public are satisfied with SBY�s performance as president, while only 63% satisfy with Jusuf Kalla (JK) performances as Vice President.
Public are satisfied with Susilo Bambang Yudhoyono� performance as President of the Republic of Indonesia. Based on the survey conduct by Indo Barometer, Susilo Bambang Yudhoyono (SBY)�s performances are even better then the performances of vice president, Jusuf Kalla (JK) and the parliament. In general, the public satisfaction reaches 90.4%, while for JK is 67%. Meanwhile, the satisfaction for the parliament performance on 2004-2009 periods reaches 51.4%. Public are satisfied with SBY�s performance on politics and law enforcement sectors, as his policies on these sectors considered better then the previous administrator. The public satisfaction on politics policy reach 88.9%, 88% for law enforcement, 85.4% in social sector, 81,9% in security, 78,8% for foreign affairs, and 76.2% for economy.
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
Civil Criminal Court: the �Champion� on Releasing Corruptors. Based on the Indonesian Corruption Watch (ICW) observation on the first semester in 2009, of 199 cases and 222 defendants trialed, 153 of the defendants are released, and only 69 of the defendants found guilty with low sentences for less then 1 year. Of the courts, 5 local Courts which freed most of the corruption case defendants are the First Instance Court of Makassar (38 defendants), the Supreme Court (13 defendants), the First Instance Court of Gresik (9 defendants), and the First Instance Court of Solo (8 defendants). Further, ICW observation for the last 5 years, these facts shows the commitment of the Civil Criminal Courts are questioned, which is in contradiction with the KPK� Anti-corruption Court.
Transparency Indonesia Poll 2008: Indonesian Police the Most Corrupt Institution. The survey held in 2008 along the year 2008 of 3.841 respondents (2.371 business stakeholders, 1,074 public servants and 396 public figure) at 50 cities of 33 provincial and 17 big cities shows that, out of 1.218 interaction, 48% deals with bribery to the police at the amount approximately of Rp 2,273,000 each. The second most corrupt is the office of custom. where out of 423 interactions, 41% deals with bribe at the amount of Rp3,272,000 each. The third is the Immigration Office with 353 interactions, where 34% deals with bribe at the amount of Rp 2,802,000 each. The court rank to 8 out of 15 government institution but rank the first in the amount of bribe. where 204 interactions, 30% deals with bribe at the amount of Rp 102,412,000 each. In the scope of area, Yogyakarta listed the lowest corrupt city with Perception Corruption Index of 6,43, followed by Palangkaraya (6,1), Banda Aceh (5,87), Jambi (5,57) and Mataram (5,41). The most corrupt city are Kupang ((2,97), Tegal (3,32), Manokwari (3,39), Kendari (3,43) and Purwokerto..
Poll on Nationalism. In its 64th independence anniversary of the Republic of Indonesia, statehood and patriotism remain relevant in the Indonesia history. A national circulation newspaper held its poll over nationalism to 845 Indonesian respondents age of 17 at most big cities all over Indonesia, where it is found that nationalism has been increased significantly to 83,6% in 2009 as to compare to 68,1% (2008s), 65,9% (2007), 67,0% (2006), 76,5% (2005) and 94,1% (2004). interestingly, nationalism remain strong be it for people living in the most populous island of Java at 54,9% , while outside Java is a bit stronger of 55,0%. In response to recent various social situation in Indonesia, respondents are aware that solidarity remain strong (34,1%), weaken (60,7%), tolerance of races is still strong (50,5%) but also weaken (42,9%), but the good news is that tolerance of different religion remain strong (57,1%), but also weak (37,1%). The recent political turbulances, economy downturn and terror attacks however in turn creates more social bound to Indonesians, as the pride being Indonesia as one nation remain unbreakable from time to time.
The Constitution Court � MK, Reject Plaintifs' Request over the Presidential Election Improper Conduct. The panel of judges decision was delivered 12 August 2009, to serve the request from two other presidential candidates, Megawati Soekarnoputri �Prabowo Subianto and Jusuf Kalla-Wiranto, in respond to evidences brought with an assumption that the election was falsely held structurally and systematic, causing the loss of voters of the other candidates by the unprofessional conduct by the Indonesian Election Commission � KPU. After thorough investigations over the facts and laws, the MK found that legal grounds are insufficient, that evidences brought are incomplete and most are merely based on assumption, shall however be neglected by the court. The MK decision confirms the triumph of Susilo Bambang Yudhoyono and Boediono, and therefor to rule for the period of 2009-2014.
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.
KPK Lead, a Picture of Bad Performance of AGO. The statement was addressed by the Chief of High Court at West Java, whereas most corruption cases are taken over from the AGO by the KPK and succeeded to resolve it. He added, that the public attorney performance shall not merely judged by its intelligence, but also their professionalism and punctuality in solving cases. Again, He firmly emphasized to everyone in the institution should not take any form of bribe related to cases under investigation, a statement earlier addressed by the General Attorney Hendarman Supandji.
Legal note: good governance through government reformation has seriously been the agenda and adopted by the current administration of President Susilo Bambang Yudhoyono since he took the seat in 2004. Such pressure are from various and large stakeholders in the community. The people judged the performance through recruitment mechanism, where transparency is a must and must free from nepotism and collusion, as been performed by the KPK, Department of Foreign Affairs, Department of Finance, Judicial Committee, Anti Monopoly Commission, and most Commission, where good result is seen through its excellent performance as a public service. However, such program become slip service agenda only at the AGO and other government judicial instruments, including the police institution.
Indonesian Police held secretive meeting with the AGO: Bribery Suspicion in KPK. The General Attorney Hendarman Supandji admitted the said meeting, but refused explain the details, where initial evidences shows that a high officer in the KPK was involved illegally in a high profile corruption case by political party high rank officer in a procurement of telecommunication devices in the Department of Forestry. However, officers at KPK declined the accusation for its solid internal procedure and check and balances, including its person solid integrity as been long time proven.
The Indonesian Constitutional Court (MK) permitting the use of ID card or passport to participate in the 2009 Presidential Election 8 July 2009. The said MK final decree stated by Mahfud MD, the head of MK on the court session in the MK building, and signed by 9 constitutional judges. MK stated that every Indonesian nationality who hasn�t registered on the final election participant list can show their valid ID or passport for Indonesian nationals out of the country to use their rights on the 2009 Presidential Election.
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.
Carrefour's Trading Term: contrary to Article 17(1) Anti Monopoly Law 5/1999. The Indonesian Fair Trade and Business Competition Commission or known as the Anti Monopoly Commission warned the Carrefour, giant retail business in Jakarta to stop implementing a compulsory terms to its suppliers that leads to monopoly and unfair trade practices. Carrefour has in fact plays its significant role, a dominant position to put its suppliers with no choice. The investigation was held 30 days by the Commission, then suggest Carrefour to adjust its terms adequately particularly in advertising materials and lot lease, otherwise further code applies.
Delays on the Investigation of a corruption case, a high rank officer at the Banten Public Attorney Office, was descented for one year. Beforehand he was transferred to the Attorney General special staff position. This punishment is still connected to the Rp. 200 billion corruption case of Pandeglang local government funds involving Pandeglang head of regency, Dimyati. When he was transferred to the General Attorney staff, Dondy was suspected receiving a bribe on the Dimyati case investigation, but the said suspicion cannot be proved. Dondy who was also investigated for arresting Prita Mulyasari, is also considered disobeying the corps duty, whereas on November 2008 the Head of Intelligent General Attorney of the General Attorney Office had ordered him to resolve the said case. Dondy was considered violates the art 6 par 4 (a) of Government Law No 80/1980 on the state official discipline. Dondy�s rank was descent from 4D to 4C. Besides Dondy, attorney Yunan Harjaka and Firdaus Dewilmar is also punished. Yunan�s promotion will be delayed for one year, while Firdaus received a disclaimer letter which he will be observe constantly afterwards.
The Public Prosecutors accusation canceled by Judges, bring to a close the Prita�s case. The court decisions are granting the Prita Mulyasari lawyers exception, stating that the public prosecutor accusation null and void, and burdening the case administrative fee to the state, because all of the accusations don�t fulfill conditions stated on the article 143 paragraph 2 (b) Indonesian Criminal Procedural Law. The court stated that for there are enough reasons to stated that the accusations is null and void, there is no need to consider other exception brought by the attorney. There is no reason to convict the defendant.
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.
Indonesian Students Achieves International Awards. Indonesian student Shofwan Al-Banna Choiruzzad won the 39th St Gallen Symposium (Switzerland, 7-9 May 2009). He is a student at the Graduate School of International Relations, Ritsumeikan University, Japan. St Gallen Symposium 2009 is a world� dialogue forum held annually, attended by 600 politicians, state officials, and business leaders with 200 young leaders to present their selected papers on global crisis. 3 of the best candidates will be given an opportunity to present their idea in the world forum. Shofwan, born in July 1985, gained his bachelor degree from the Faculty of Social and Politic Science in Universitas Indonesia. He became the winner through his paper which titled 'Boundaries as Bridges: A Reflection for Transnational Business Actors', he successfully surpassed Jason George, a Master Program Student in Harvard University (2nd place), and Aris Trantidis, a Doctoral Program Student from London School of Economics (3rd place). In another event, Indonesian student Edi Erwan, the Master student on the Institute of Tropical Agricultural, Universitas Putra Malaysia, are on the 2nd place in the 2009 Altech Young Scientist Award in Malaysia. The said appreciation was given to those who able to create an extraordinary invention in the science field of biotechnology and agriculture. Edy�s idea for his paper and research which titled 'Effect of Leucine Supplementation of Growth Performance and Carcass Characteristics of Grower-Broiler Chickens Fed Low Protein Diets' come up from his concern to the price of livestock food which are growingly expensive and difficult the breeder.
Indonesian Ideology Pancasila: a story of Indonesia Success of Democratization. The success of democratization in Indonesia is based on the basis, that Pancasila is rooted from the Indonesian cultures, a statement by Prof. Dr. Francois Raillon, the expert of Indonesian from dari Center Asie du Sud-Est, Paris, on the seminar titled �The Elections and Democratization in Indonesia: Comparative Perspective� at the Czech Academy of Science, Prague (28/5/2009). According to Professor, after the 1999 reformation, through a lot of challenges, the plural Indonesia has vastly grown into a new democratic country, a support by a strong basis toward that system, which is Pancasila. He added that, this philosophy strongly rooted from the life of Indonesian villagers which known no hierarchy, the ability to change different ideas and integrate it in the daily life value.
Corruption Survey at the Indonesian Parliament and Judicial Insitution: Transparency International Indonesia (TII). The TII Survey on behalf of Gallup International placed both the above Indonesian institutions as the most corrupt Institution. The Survey was held in between 11-20 November 2008 with 500 respondents on the age of 16 and above, where 300 of the respondents are in Jakarta while the rest are in Surabaya. This survey was also held in 69 countries. The object in this survey are political parties, public services, Parliament, private sector, judicial institution, and media. Score 1 are given to the institution without corruption and 5 are given to the most corrupt institution. The survey results are: Parliament (4.4), judicial institution (4.1), political party and public service (4.0), private sector (3.2), and the last one media (2.3). The parliament score is up 0.3 from 2007, while the judicial institution score remain steady.
Law No.10/2008 on the Public Information Transparency will enter into force on 1st May 2010. The said Law will stipulate on public institution obligations, such as the executive, the legislative, and the judicative bodies to provide public information regarding the governance they conduct. Three major main obligations for the public institution must be fulfilled: first, is to announce and provide public information regularly. Second, is to provide information concerning the public needs. An example is that, the National Meteorology an Geophysics Body must provide public information on the weather condition, the Public Works institution on the road condition, the Food and Drugs Supervision body on the food that circulate on the market. Third, is to provide report, especially on finance through the web sites or announcement board. For that reason, all public institutions must have a department functioning on the institution performance publication.
The Parliament Plenary confirms 7 Members of the Commission of Public Information (KIP). The 7 members represents the government, public society, and professionals, has passed the fit and proper test in the parliament 1st commission, which are Abdul Rahman Ma�mun, Amirudin, Ramly Amin Simbolon, Heny S. Widianingsih, Ahmad Alamsyah Saragih, Dono Prasetyo, dan Usman Abdhali Watik. All considered meets the qualifications as stipulated under the law no. 14 year 2008 on the Transparency of Public Information. The 7 KIP are expected to be able to fulfill its duty on the realization of public information free access, as part of the process to create good governance with transparency. KIP will officially enganged into its task subject to the Presidential Decree, while in the meantime all will keep on coordinating and consolidating to make effective of their works after they inauguration. KIP is an independent state institution which caries duty ruled by the law no. 14 year 2008 on the Transparency of Public Information to push on public department transparency.
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.
Indonesian Constitution Court (MK) Refused Judicial Review over the Law of Electronic Transaction and Information. The refusal are for request to annul article 27 paragraph 3 and article 45 paragraphs 1, where MK judges consider those articles are not in contradiction with the democracy, human rights, and law state principles based on the 1945 Constitution. It also emphasize, that article 27 par 3 is not in contradiction with the principle of law state, where in such respect it is meant as a tool to simplify life in this digital world and to secure the information traffic, which is in line with the art 28 (g), art 1, or art 2 of the 1945 constitution on the protection of humanity value and dignity, further to avoid from lawless community in the digital world. In response to the final and binding judgement, the applicant shows its disappointment, and warned all journalists to be extra careful. He stated that the court decision was twisted, where it only based merely on a private right.
Jakarta and West Java are on the Top List the Most Corrupted Provinces. The research conduct by Indonesia Corruption Watch (ICW) based on the data from the Attorney General Office - AGO, the Indonesian Finance Supervisory Body- BPK, media, and public report, in 2008 there were 275 corruption cases found in 9 provinces, with potential Rp. 18,72 billion state loss. Those nine provinces are Jakarta, Banten, West Java (both next to Jakarta), Central Celebes, West Sumatra, Central Java, East Java, West Nusa Tenggara, and East Nusa Tenggara. The corruption cases are mostly in the government sector (111 cases), in infrastructure sector (50 cases), and education sector (36 cases). From an institution side, the executive is the most corrupted with 275 cases, private company (27), and legislative (17). Actors on the corruption cases mostly are the executive (403 persons), legislative body (127), and private company (122). The biggest state loss potential are in the banking sector (Rp. 9.49 billion), government sector (Rp. 2.9 billion), and infrastructure (Rp. 1.1 billion). The biggest state loss is Rp. 9 billion from the central bank, Rp. 8.5 billion from the executive, and Rp. 572 billion from the state enterprise.
Indonesia to Host the First World Ocean Conference. The conference in Manado-North Celebes, will be attend by thousands participants from 121 countries, with agenda discussing the role of sea and all of its biota within, the effect of climate change and the damage of environment such as the damage of coral reef in the Indonesia sea territory. Indonesia was chosen to host considering it's largest archipelagic state in the world with 77 percent sea territory. Despite conference, WOC 2009 also contented by international exhibition and symposium related to the ocean science, technology, and also policy.
The Promotion of 8 General Attorney officers are Legally Flawed. The said promotions are clear in contrary to the Attorney General Rule No: Per-065/A/JA/07/2007, where the 8 do not meet the minimum requirement to serve at least for 25 years (article 14), according to the Indonesian Corruption Watch (ICW). Integrity, like in most cases in government official recruitment is also another issue, as one of the promoted public attorneys is a former head of West Jakarta Attorney office whose been given a mid-level discipline sanction, who deserve a recall. The promotion process of the 8 is considered breach the law, conducted unfairly, untransparent and not in the right time, completely raise suspicion that the AGO is not serious in reforming its department. The following are the said 8 controversial officers: (1) Budiman Raharjo Bali head of attorney office, with work span 23 years. (2) ST Burhanuddin north Moluccas head of attorney office (22 years), (3) Widyo Pramono Papua's head of attorney office (23 years), (4) M Jasman Panjaitan the General Attorney Office Head of Information Centre (20 years), (5) Dimas Sukadis the General Attorney Office Head of general affairs Biro (23 years), (6) Jhoni Ginting the General Attorney Office Head of Legal Biro (19 years), (7) Sugiyanto the General Attorney Office Director of Private legal subject (23 years), and (8) Muhammad Salim the General Attorney special staff (23 years).
OECD released Lists of Countries who commits to Banking Secrecy. Malaysia, Philippines, Costa Rica, and Uruguay are on the Organization on Economic Cooperation Development (OECD) version of Black List, which consider as countries for safe heavens for tax tariff embezzlers. Those countries are on the list for their unwillingness to cooperate in the fight against international tax crime and their refusal to adopt the new rule on finance and banking transparency. The said list was announced on the G-20 High Level Conference in London, where world leaders threat those countries through various sanctions. In respond to this issue, th French President responded by saying that, the age of banking secrecy is over, everyone is eager to put those tax embezzlers on trial and drop a sentence. The banking secrecy policy be concerned will worsen the global economic crisis because it�s covering the real value of assets. OEDC had divided countries into three groups. First are countries with full commitment to the rules and willing to share its tax information (the white list), such as England, China, France, Germany, Russia, and USA. Second are countries committed but has done nothing so far (the grey list), that include Singapore, Belgium, Brunei Darussalam, Chile, Antilles (Nederland), Luxembourg, and Bahamas, Bermuda, Cayman in the Caribbean Islands, together with Switzerland, Liechtenstein, Monaco, and Alpine, which stated their commitment to loosen their Banking Secrecy Policy. Lastly, are countries abovementioned which have not agree to reform their banking policy (the black list).
9 Anti Corruption appointed Judges are Legally Flawed. The appointment of nine judges to replace six anti-corruption court judges by the Supreme Court, is considered legally flawed by the Indonesian Corruption Watch (ICW). The major problem was the non-existence of transparency and participative principles as stipulated under article 56 paragraph 4 Law 30 year 2002 on Commission Corruption Eradication, since it never got through media publication process to get public responses and suggestions. It was found the appointment was conducted on close mechanism, where the Supreme Court gained 13 judge candidates, finally reduce to 9, only by the personal consideration by the Chairman of North Jakarta Court. ICW also in doubt the integrity of 6 from those 9 anti corruption court judge candidates for they have a track record on releasing the corruption case suspects, where as a result may ruin public trust on the anti corruption court. The 9 controversial judges are: Tjokorda Rai, Reno Listowo, FX Jiwo Santoso, Herdi Agusten, Syarifuddin Umar, Jupriyadi, Subachran, Nani Indrawati, dan Panusunan Harahap. The following 6 are: (1) Judge Panusunan Harahap and Reno Listowo Direktur who release Sumita Tobing, ex Indonesian National Television (TVRI) director, on Rp 5,2 billion TVRI corruption case. (2) Judge FX Jiwo Santoso who release Amelia Yani and others on Koperasi Tirtayani Utama Yogyakarta corruption case. (3) Judge Subachran who release 4 of the Blora Province Parliament leaders on the Rp 1,4 billion 2003 province income and expense budget corruption case. (4) Judge Jupriyadi who releases six suspects on the corruption case of The Department of Workforce and Transmigration and the selling of state land in Batanghari, Jambi province. (5) Judge Syafruddin Umar who release 36 corruption case suspects.
Anti Competition Committee (KPPU) initialize Investigation on Carrefour Suspected for Monopolizing the Market. The investigtion are based on the preliminary data for its market domination toward supplier reaching 66%, while its market domination toward consumer as to compare with other supermarket and hypermarket reaching 40%, Carrefour market domination considered as law infringement. In contrary, Carrefour admits that they never dominate the market as it said. If then the KPPU come to a decision that the monopoly practice does proven in this case, the Temasek case of telecommunication company domination might be repeated.
Corruption Extermination Update. At the Ministry for Development of Underdeveloped Districts (PDT), a case in 2007 was then investigated following strong indication of corruption by 5 suspects, where the corruption lead to a certain deviation in the procurement of digital map, the use of experts, and the survey implementation. The 5 suspects are Ook Herumani (Project Officer of PT Tri Manunggal Pratyaksa), Hary Iskadejanto (President Director of PT Endogeotic Vision), Ahmad Firdaus Ariyanto (Project Officer), Mangatas Siahaan (Project Manager of PT Lantera Cipta Nusa or PT Trivan Rosita Utama Director), and Partono (PDT official). All are involved in the preparation of spatial statistic information on natural resources in the underdeveloped district regency to developing the local economy in the region of Maluku, Maluku Utara, Papua, and West Irian, Celebes and Nusa Tenggara, Sumatera, Java, Bali, and Borneo. An Indonesian Governor of Gorontalo is also involved in corruption case of Provincial Budget 2001, due to mobilization fund of 45 member of parliament, an action prohibited by the Anti Corruption Law 1999. A number of Attorney General Office staffs was also found directly involved in a smuggling of 10 containers loaded with Blackberry devices and Drugs through providing special importer� lane at the Tanjung Priok Harbour of Jakarta, as police and the customs had earlier secured the said 10 containers. While, another 3 public prosecutors from North Jakarta Attorney Office was responsible for the missing of 300 ecstasy part of evidences at the North Jakarta Court part of a criminal case. The three are now investigated at the police office. While Artalyta Suryani, finally spend her 5 years following the rejection by the Higher Court and the Supreme Court of her appeal for bribery of USD 5 millions to Urip Tri Gunawan (one of the 60 best Indonesian attorney appointed by the Chairman of AGO for BLBI case). Artalyta, is also known to be the right hand of an Indonesian tycoon fugitive who now stays in Singapore. Urip himself was sentenced for 10 years. Valyana, a Indonesian business partner of a private company, finally sentenced for 4 year in prison plus Rp400 million fines plus an obligation to return state loss, a case for manipulating the government project at the Department of Manpower and Transmigration, involving Bachrun Effendi, The Directorate General Secretary of Domestic Workforce Development and Placement, and the project officer, Taswin Zein. This case has inflicting a state loss up to Rp. 1,96 billion, a number already confiscated by the court. The same story is at the Health Department, where a private partner of a business entity PT Rifa Jaya was involved in the procurement project of health equipment valued at Rp 190,5 billion in 2003 which indicates state loss at Rp 71 billion. In this case KPK confirmed the suspects in this case are the former President Director of Kimia Farma Gunawan Pranoto, and the President Director of PT Rifa Jaya Mulia, Rinaldi Yusuf. At the Indonesian Consular Office in Kinabalu, Malaysia, 4 officers (2 are at the immigration section) was sentenced various 2, 6 and 3 years imprisonment for being involved in the implementation of double tariff corruption case charged towards Indonesian Migrant Workers. The four defendants are the Kinabalu Consulate General Arifin Hamzah, Radite Edyatmo Head of Consular Economic, Information, Social, and Culture Division at the Kinabalu Consulate General, Nugraha the Kinabalu Immigration Consul in Kuching, and Kamso Simatupang the Kinabalu Immigration Consul in Tawau.
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 in Indonesia to be called as Pharmacy Industry, where pharmacy industry are now entitled to register drugs, drugs containing narcotics for medical use, patent drugs, be it locally manufactured or directly imported. 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. 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.
US$ 104 Million Corruption Money, Recovered. The figure recovered by KPK at the current amount of US$ 68 million already returned to the state account, plus US$ 36 million remain at the private account but will officially handed over by the end of March. The Department of Energy And Mineral Resources will be responsible in coordinating the money restitution from private sector to government. On the issue of the allocation of 80% remuneration to government officials in several departments, KPK has asked the government that such supporting funds should be on performance-base by the public servants, and suggested it to be applied to law enforcer officials such as police department and state attorneys, to prevent them from bribe-prone. On a different case, KPK pointed out on the state official real estate saving funds at Rp 6 trillion since 1993, such funds must be managed as a loan funds for state official to build house for government officers. The KPK Chairman stated that, �it doesn�t make any sense why should a state official borrow their own money to build their house�. KPK ask the government to straightly use that money to build houses or apartment for the state official. So far KPK has its additional technical authority to suggest allocation of state funds of funds being recovered from Indonesian corruptors.
Indonesia-Singapore Delimitation. The sequential eight meetings held by both negotiation team since 2005, finally concluded by the signing of the delimitation agreement on sea border for both countries by Indonesian Minister of Foreign Affairs Hassan Wirajuda, and Singaporean Minister Of Foreign Affairs George Young Boon Yeo, in Jakarta earlier this March 2009. This is a follow-up of the past similar sea border agreement on May 1973. The fixed sea borders stretching 12.1 Km long covers the Nipa island and Tuas islands. Both countries have come to an agreement to negotiate the next East I and II sea borders, between Batam and Changi, Bintan and South Ledge/Middle Rock/Pedra Branca. The maritime technical negotiation team consists of a few departments and inter-state agency from Indonesia, such as the Department of Foreign Affairs, the Department of Defense, the Department of Transportation, the Ocean and Fisheries Department, the Department of Energy and Mineral Resources, the Army HQ, and the National Survey and Mapping Coordination Body.
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 Communit� 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.
Government Departments Slashed Down: A Suggestion. The suggestion is based on the incomparable and inefficient of state budget to its outcome, performance and result of the said departments, such as the Department of Women Empowerment. The said department is perceived as very low and useless. In most developed countries, there are less than 20 departments only, where in Indonesia reached total 34 Ministries (of 21 Departments, 10 Coordinating Ministries and 3 State Ministries). The over capacity of departments and ministries are also seen merely as power consensus between political parties and the incumbent to maintain their existence and political presence. As part of the idea, the minister Government Officer Empowerment also emphasize to change the structure but most importantly is to change the mindset of the government officer from being the 'power holder' into 'people servant', from 'the authority' to 'take the role'.
Legal Notes: Since the power shift of reformation in 1998, numerous attempt to change the mindset of government officers has been implemented, from compulsory of annual wealth report, taxation, fair and transparent recruitment, merit systems, to signing of pact of integrity, but only small progress been made. So far, a number department since 2004 has been a pilot project where success implementation has find its result trough fair, competitive, and transparent recruitment at the Central Bank, Department of Foreign Affairs, Department of Finance, KPK, the Judicial Committee, and the Constitutional Court. The said institutions has outperformed other departments, where the qualified, the best and the brightest staffs are those who took the seat, and enjoyed better salaries and privileges, including the pride of the right attitude to serve and to work hard. Most importantly are their willing to listen and to act.
Department of Education to Provide 5,500 Master Degree Scholarship for Lecturers. The competitive 5,500 seats are aimed at lecturers at all universities in Indonesia, where half of total 155,000 lecturers hold bachelor degree only. The figure at the department of education, those bachelor degree lecturers 65% are at the private universities, and 35% at public universities. The Law of Teacher and Lecturers 14 year 2005 stipulate that both are categorized into professions, and to be a qualified as lecturer, lecturers must meet the qualification both to pass national exam certification (leading to professional licenses) and a minimum qualification to hold a master degree to teach at bachelor degree.
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.
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.
PT Dirgantara Indonesia (PT DI) Get C212-400 License. Following the cooperation contract with EADS CASA in November 2006, now PT DI (an Indonesian State Enterprise in aircraft manufacturing since 1980) hold a license as a producer and assembler of new type of civil aircraft C212-400 along with a production facility from San Pablo. According to PT DI President, PT DI is the only company holding such license in the region, which include a license on marketing this aircraft both transportation and military version for Indonesia and ASEAN region. Due to PT DI, instead of its potential market, high demand of this type is shown as indicated by 88 units ordered so far, and will reach 155 units in the next 7 years. The civil aircraft 212-400 has a similar body with the C212-200 previously produced by PT DI, but with a longer nose and a �wing tip� that enable this aircraft to take-off in the shortest runway. In the early 2009, PT DI closed procurement contract of one C212-400 aircraft unit with PT Airfast Indonesia.
KPK Survey: Low Integrity on Public Servant for Service of ID Card (KTP), Trade Business License (SIUP), Building License (IMB), and in Drinking Water Company in the Greater Area of Jakarta. The average score for Jakarta on those components are 6,24 from 10 as the maximum score, which is one of the 15 city with the worst public service integrity, according to a Deputy of KPK. This survey held in 52 cities in 20 province and involving 6.240 respondents for the whole year 2008. Mostly, KPK still indicate different performance on providing public services including in the Greater Area of Jakarta. 31% respondents found difficulties if no bribe is given, since its attitude are also a problematic since they perceive bribery serve as a thanks gift (54%), and as extra smoothing money to smooth the services (22%). Jakarta due to KPK� Deputy, Jakarta is also considered effort-poor to prevent corruption practices. 60% of the respondents never saw any anti-corruption campaign in any public services unit. 17% of the respondents also said that it is difficult to submit any complain to the related civil administration authority.
Malaysia to home-return 100.000 Indonesian Migrant Workers. The statement was conveyed by the Malaysian Manpower authority, where those 100,000 out of 1,2 million Indonesian migrant legal workers are from manufacturing sectors. The return are due to economic downfall in Malaysia recently, where like most country' policy, foreigners are on the list to be dismissed to allow local workers to remain to have a job. However, to most employers, most are in favor to Indonesian workers since Indonesians meet all the qualifications as workers with dedication, loyal, diligent and skillful, qualifications that Malays do not posses so far in the business, particularly job requires skills and intelligence. Most Malays prefer job as bureaucrats or landlord. This has become the fact that most jobs in Malaysia are done by expatriates or migrant workers composing more than 20 percent (4,5 millions expatriates) of total Malaysia population of 20 millions.
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.
Rp.23.5 million per Anti Corruption Case Legal Settlement in KPK. Chairman of the Indonesian Corruption Eradication Commission (KPK) stated that, the said average amount is needed by commission to solve one case from investigation to rulings, each. Until today KPK has used Rp.1 Billion out of Rp.9 billion of available fund. The information is released to respond the General Attorney statement, which stated that KPK used Rp.400 million for their operational fund, meanwhile attorney office only used Rp.15 million. KPK so far in the year 2008, KPK finalized 70 investigations, 47 examinations, 39 prosecutions and 41 executions.
Polls: Police Bribed Frequently, Corruption Eradication Commission (KPK) Will Supervise Police Department. Police Department stands in the first place as the most-bribed institution according Transparency International Indonesia (TII) polling verse. KPK Deputy Director on Actions Division further said that KPK will immediately enter the domain of Police Department to supervise it. The TII survey on 15 Government institutions has put Police Department in the 1st rank, which out of 1.218 respondents, 48 percent businessman admit that they have ever bribe a police. The Customs Office is in the 2nd place. 41 percent from 423 respondents admit that they have ever blackmailed by the Customs Office. The total amount of those blackmail money from this institution have reaches Rp 327 million. In the next position in a row there is Immigration Office, Highway and Traffic Department (DLLAJR), City Administrator, National Defense, and PERLINDO. The most interesting case is the Justice Institution. Even though there are only 30 percent from 204 respondents admiting that they have ever blackmailed by this institution, but the total amount of this blackmail money is fantastic, reaching Rp 102, 4 million. KPK gave its appreciation for survey conducted by TII on public service, which is line with 2009 KPK�s priority to emphasize on the public services. KPK will utilize the TII survey, where the survey shows community perception on public services.
Tracking down �Unconfirmed Illegal Bank Account�. The Indonesia Corruption Eradication Commission (KPK) formed �Wild Team�. According to KPK Chairman Antasari Azhar at the Presidential Office, the �wild/Illegal accounts� held by number of departments/government agencies, will be investigated next week. The Wild Team led by one of KPK�s deputies, Ade Raharja, will then cooperate with Central Bank (BI), a team from the department of minister of finance, and a team from PPATK (The Center of Report and finance analysis). However, KPK have not decidied whether they will cooperate with the Police Department or the Attorney Generals Office, because the core of this team is KPK. The Wild Team has initially finished the investigation planning, and found that preliminary fact the presence of those illegal accounts, there are some of those accounts that has been closed while there is not clear where did the money gone to. One of those suspected illegal accounts is the account for �Dana Abadi Umat� which is held by The Department of Religion, where there is still a debate on it, because there was a legal standing for those type of financial but then it was erased. Earlier this January, the Finance Ministry handed to the KPK more than 260 bank accounts belongs to four ministries and two state institutions. The illegal accounts which comprise of Rp 314.2 billion (US$29 million) and US$11 million belong to the Supreme Court (100 bank accounts), the Ministry of Justice and Human Rights (66), to the Domestic Affairs Ministry (36), Agriculture Ministry (32), the Manpower and Transmigration Ministry (21) and BPMigas (2).
�Mischievous� Judges Get Punished. 17 Judges at a number of District Court and Religious Court all over Indonesia are punished by the Supreme Court (MA) for conducting �mischievous� acts, violating the laws during duty as law enforcer. Some of those judges are the head of the District or Religious Court. Djoko Sarwoko a Deputy Head of Supervision Organ of Supreme Court and also as the spokesman for the MA explained that, these punishments is only as a supervision result conduct for the last three months (October-December 2008), however the statistic shows at the supervision result for the whole year 2008, there are around 60 judges who had been sanctioned. Djoko stated that the punishment for those 17 judges varies from light to strong punishment, some are rank descending or prohibition to judge in any cases in a future. However, no suspension or dismissal punishment applies, since the procedure provides such kind of punishment for judges shall be brought to the Judge Council of Honor at the first instance. At the lower level of Court� Cleric, three persons was punished in the last three months, one of them is a Secretary Clerk of The Court and the other two is a Young Clerk of The Court official. In the structural level, four officials have been punished. There are also and six Replacement Clerk of The Court who was punished. Further, seven administrative staffs and one bailiff in the district court who have entered the list of punishment recommendation. In the meantime, The Supreme Court will form a special team to investigate corruption cases in Supreme Court. The team will be formed with fifteen Supreme Judges as its members and under the coordination of The Head of Special Criminal Unit.
Indonesian President� Approval for 127 Territorial Chief to be Investigated for Corruption. The 127 covers Governor, Mayor, or Regent, involved in several cases, especially corruption according to the President� Special Staff for Public Complain. The said approval has been confirmed by the Inferior Staff of Attorney General Office for Special Crime. The first case will be Gorontalo�s Governor and Bengkulu�s Governor, both suspected for corruption case of provincial revenue and budget utilization. Based on media record on 2005, the Head of Gorontalo Province Parliament is brought to justice related the to Rp. 5,4 billion amount corruption case of the abovementioned provincial revenue and budget utlization. Both chairman of the parliament (the legislative) and the Governor (the executive) are suspected in the drafting regulation so-called �Joint Decision Letter� (SKB) No. 112 on 2002 and No. 16 on 2002, which denies Parliamentary Meeting, violating the superior regulation the Province Parliament Act no 3 on 2001 on Law and Discipline. Indonesian President Susilo Bambang Yudhoyono said, that any wrongfully and illegal act, be it in central or territory, must obey the law and be discipline. He added, �One who (legally) must be in the prison will be imprisoned, do not be permissive, and be tough�, The source of corruption and collusion which is mostly untouchable is in the supply of goods and services sector either for department, ministry, and other state agencies. The form of corruption which is occurring mostly is mark-up in budgeting. �This is a disease, No one is Immune to Law in this country,� said the President.
Advocate Ethic Code: an Indonesian Senior Lawyer Suspended for 1.5 Month. The said Senior Advocate is suspended for 1.5 month for practicing by the Committee of the Indonesian Congress Advocate, due to violation of article 2 of the Ethics Code of Indonesian Advocate for conflict of interest both representing the government and an Idnonesian tycoon at the same case. 4 of 9 judges delivers Dissenting Opinion against the case, where they argue that there is no conflict appears when he was representing Financial Minister and Salim Group. Before it, the said senior advocate has been suspended by DKI Jakarta Ethic Council of Indonesian Advocate Association (Peradi) for violation of article 3 and 4 of Advocate Ethics Code. However, most advocates perceive the case is merely on the competition between advocates in business and competition in the Advocate Association administrator.
State Funds Are Saved from Corruption. For the last couple of years many corruption case has been taken care by Indonesia state legal officers, namely Indonesian Police Office (Polri), Corruption Eradication Commission (KPK), and public prosecutor (AGO). In year 2004 corruption case handled by those three legal institutes which was in investigation level are 311 cases (Police Office), 523 cases (Public Prosecutor) and 2 cases (KPK). In 2005 the figure is 215, 546 and 12, respectively. The figure for 2006 was increasing, as much as 225, 588 and 26 respectively. In 2007 there is a decrease down to 155, 636 and 23 cases. While the figure until November 2008 is 189, 850 and 47 cases. Most corruptor finally ends up in prison including paying fines and returning the corrupted money. According to the latest survey, for the last 4 years there are a lot of state fund were saved by the amount of Rp. 859.762.538.773 (from Polri), Rp.8.001.138.805.489 (from the AGO) and Rp.476.456.872.901 (from KPK). The details of the amount of money from those three legal institutions, from cases which already legal binding is as much as USD 18.000.000 (AGO) and Rp. 476.456.872.901 (KPK). At the investigation level, state budget which were return are Rp. 859.762.538.773 (Polri) and Rp.2.933.978.848.169,78 (AGO). As much as Rp.139.882.439.209 has been return by the AGO from the expropriation. However, the number remain questionable, where most people believe that KPK has done far and much better than two other institutions.