INDONESIAN LAW UPDATE

2010

(in descendant order)

[March 2010]

Indonesian Student Invented Pyramid Calculation Pattern. The 15 years student Ibrahim Handoko then was casted by the German Press for his success in formulating an equation used for completing an infinitive pyramid calculation. He did the correct calculation equity it only during his spare times instead, which amazes his teacher who told the press www.derwesten.de. This story wass initialized when Ibrahim intended to help his sister finishing her school work in summing numbers at top element of pyramid. Commonly, the problem is done by summing the digit one by one in each structuring element to find total amount in the pyramid. But using Ibrahim’s pattern, this process could be done more quickly and precisely without counting the digit one by one. Ibrahim then is now being nominated in Best Youth Researcher 2010 in Germany. This son of Budi Handoko and Nuningsih is also awarded for best mathematic person and entitled to represent his district in state-mathematic olympic competition.

Indonesian Government Finance Consultants to be European Government Consultant. The recent request of the Indonesian government finance consultants to foreign finance institutions (such as Spain and Portugal) was conveyed by the Indonesian Secretary of Finance to the World Bank Head of Delegation in Indonesia. The statement instead of an arrogant one, was triggered by the success story of Indonesian finance consultant to curb the ratio decrease to level 30% (October 2009) from 89% debt ratio to GNP (2000). Early in January 2010, the world was shocked by debt crisis potential in Europe. Public debt of 16 European Union members came to average of 84% of Gross National Product (“GNP”) in 2010, beyond the maximum 60% of GNP limit of public debt, according to Development and Stability Pact. Germany which known for its strictness to maintain fiscal stability has been suffered 78% of GNP rising on public debt this year. France public debt has attained 75.8% of GNP on III quarterly period of 2008, while Greece already in the level 120% of GNP in 2010 (Kompas, January 4, 2010). In Asia, Japan’s debt was estimated to reach 53.5 trillion yen, equal as US$ 597 billion, in undergoing budget period 1April 2009-31 March 2010, which already a record for this country.

[February 2010]

Generic Medicine Drugs Regulation. According to statistics released by the Ministry of Health, Rp2,52 trillion are those market sold of generic drugs as to compared  to Rp 21,07 trillion of those patented drugs in year 2005, where in 2009 the figure is Rp 2,37 trillion to Rp30,57 trillion, respectively. The figure represents only 9-10%, annually. Currently, there are 8-12 generic drugs pharmacy companies where 3 are government-owned as to compare to 204 private companies (31 are foreign investment pharmacies).  To resolve the high price, the government has (out of 453 drug types) reduced prices of 106 types, 33 increased and 314 remain. The major problem according to private pharmacies are those generic is less popular, the cheaper price affect people’ confidence over the effect to cure, the law is unenforceable and insufficient to control the distribution and finally that difference of pricing structure. As a result, consumers are drawn and compelled to buy patented 3.4 times higher prices than the generic drug with the equal cure effect, since most clinics and hospitals do not sufficiently promote and are much in preference to sell patented drugs due to free market system. The recent Ministry Regulation HK.0202/Menkes/068/2010 article 4 now stipulate a clause for doctors to compulsory include generic receipt for patients according their medical indications.

Corruption Eradication Commission (“KPK”) to investigate 15 High Rank Police Officers’ Accounts. The said 15 account are in a big amount, suspicious and unusual, where in conducting the investigation, the KPK will join with Indonesian Police Head Quarters. This was a request response of the Indonesian Parliament Member from Democrat Faction, since the issue was rolled years ago towards the Police institution but not responded. The case was brought to public after Indonesia Transaction and Report Analysis Center (“PPATK”) found 15 officers and members of Indonesian Police possessing suspicious accounts.

Judicial Commission Found Court Mafia Tape. The court mafia evidences was taped by an advocate, where it was found various modus of court mafia, ranging from statement manipulation, judgement manipulation to evidences manipulation during trial, according to the Indonesian Judicial Commission chairman, Busyro Muqoddas. The same record also occurred at the Indonesian Office of the General Attorneys and Indonesian Police Institution.

Government to Review Legal System for Children and Poor People. The Indonesian President is planning a permanent change in criminal legal system to allow the law to be closer to justice, especially for children and poor people, where the foundation is of a system that the fundamental policy is close-related to social justice and welfare of the people, where law serves better for those poor family, the neglected, disabled persons, under age children facing legal enforcement, children in drug rehabilitation centre, etc. The change shall be related to terms of imprisonment. Dispensation of imprisonment with tight regulation is needed when the criminal doer is an underage children, decrepit, poor people or disabled person. President said that the change is about giving justice to condition where justice is being trampled upon. He gave the example on how a kid stole cellular phone was imprisoned longer than a corruptor, or an old-poor person was imprisoned after stealing cassava for food, just to survive the life. The changes will also to the terms of imprisonment, particularly children inmates, so they can return to their family, instead of the adult inmates. President agrees to give parole by President for about 500 children inmates, including an existing permanent regulation regarding the children inmates.

17 Indonesian Public Universities ranked as 100 South East Asia’ Webomatrics Best Universities. The 17 state-owned universities together with other 5 Indonesian private universities are led by the Gadjah Mada University in the 8^th position, followed by other public universities namely, Bandung Institute of Technology (10), University of Indonesia (17), Universitas Negeri Malang (28), Institut Teknologi Sepuluh Nopember (31), Universitas Negeri Surakarta (43), Airlangga University (45), Brawijaya University (58), Diponegoro University (59), Bogor Institue of Agriculture (61), Padjadjaran University (65), Indonesia Education University (67), Sriwijaya University (70), Lampung University (85), STT Telkom (86) and Universitas Negeri Yogyakarta (100). While the privae universities are Universitas Kristen Petra (19), Universitas Gunadarma (24), Universitas Islam Indonesia (74), Universitas Muhammadiyah Surakarta (76) and STMIK Amikom (81). The first to three positions is given to the National University of Singapore, followed by Kasetsart University Thailand, and Prince of Songkla University Thailand. Webometrics affiliate with Spanish National Research Council, releases such list every January and July, annually.

Poll on People’s Response to Law Enforcement in Indonesia. Law enforcement in Indonesia is perceived as slightly fails to assure justice to the people. The general perception shows that 64,5% percent are unsatisfied, followed by 31,9% for satisfied and 3,6% abstain. Indeed, from all of three law enforcement institutions: Police, General Attorney, and Court, the percentage  showing people dissatisfaction on justice needs are no lower than 85% as to compare to their satisfactions reaches 8.9% (Police), 8.2% (General Attorney), and 9.9% (Court). This poll also indicates what type of crime and in what level the unfairness occurred. The Poll categorizes the unfairness into the types of crimes: economic crime (corruption), political crime, and general crime, as the three are related into criminal justice procedure: investigation, court decision, and verdict execution. In economic crime, 60.5% stated that unfairness occurred in investigation, 66.6% in court decision, and 66.6% in verdict execution. In political crime, the figure is 66.6%-66.4%-65.7% and in general crime 50.7%-53.9%-55.2%. The Poll shows the image of three institutions (Police, General Attorney, and Court) within the last five years, Police was gained national respect in June 2006 and September 2009, the time when Police succeeded in terminating terrorist fugitives. All three institutions also gain national respect in September 2009. But as a respond to the bribery case assisted by an Indonesian-Chinese businessmen Anggodo Widjojo  towards a number of government legal officers, where phone  taping record was played in Constitution Court’s session, the image for the three institutions were declined and still declining until this poll was conducted.  Some part of this poll was held by one of national newspaper in Indonesia area, 9-10 February 2010, with 838 respondents with minimum age 17 years old, and also combined the data achieved from periodically poll conducted since 2005 until February 2010. The respondent for this poll are citizens in nine Indonesian major cities, shall however do not represent national perception over the poll.

CMC: 70% Candidates of Judges for Anti Corruption Court Are Not Recommended. The Indonesian Court Monitoring Coalition – CMC and the Coalition concerns are related to the un-transparent of the recruitment and selection process for the above matter. In spite of guarded by a number of the Coalition (the Indonesian Corruption Watch - ICW, Indonesian Transparency Society – MTI and the Indonesian Center of Law and Policy Study), the Judicial Court has set its own qualification, which do not put on priority candidate’ skill and competency, integrity and clean track record, proper wealth, not affiliated with political party, and no direct interaction with corruptors. The Coalition found that among 79 candidates, 55 are not recommended since they do not pass the above Coalition’s proposed requirements.

[January 2010]

KPPU: 8 Indonesian Companies Suspected for Cement Cartel Pricing. The 8 cement companies are Holcim Indonesia, Semen Andalas Indonesia, Semen Padang, Semen Baturaja, Indo Semen Tunggal Perkasa, Semen Gresik, Semen Tonasa, and Semen Bosowa. The said indication was the initial findings by the Indonesian Anti Monopoly Commission (“KPPU”), which was seen by two companies raising its prices at the same structural level, a finding almost the same as previous investigation where the companies deliberately set up prices through idle of production at the factory. The practices caused price increase as a respond to increase of demand as the supply are limited, a practice since 2006 until today. The 8 companies production reached 56 million tonnes, while the consumption only 35 million, where the idle production capacity was approximately 21 million, the together set up a uniform prices, even higher when the coal prices gone down in the market. Coal is used as main energy in the factory. Such practices breached Law 5 year 2009 on Cartel.

4 Indonesian Student achieved an Award in Germany. The said 4 Indonesian State UGM Students won a gold medal at the Mondialogo Engineering Award final round held in Stuttgart, German in November 4^th, where the four Annisa Utami, Annisa Sekar Palupi, Benny and M. Aqwi Gibran from UGM Chemical Engineering team collaborated with Chalmers University, Sweden. Benny, a 2006 grade student representing UGM, whom paired with Marcus Hodberg from Chalmers University, Sweden, explained their research proposal called Zero Waste Integration in a Small/ Medium Industrial Cluster. UGM team gain first position among 30 finalists from around the world. With a convincing performance, the collaboration snatched one best position out of 8 gold medal gainers in this tournament. This success has awarded the team with 15.000 euro. The award was attended by McLaren Mercedes driver, Luis Hamilton.

Indonesia to lead as Asian coordinator for Asian-Latin America (FEALAC). The appointment resulted from Secretary of Foreign Affair Summit held in two days in Tokyo, Japan, and ended 17 January 2010. According to the Indonesian Secretary of State, Marty Natalegawa, Indonesia is well prepared for bridging Asia and Latin America, as  been proven in the 1955 Asia-Africa Conference in Bandung. With the same spirit, Indonesia shall become likewise in Asia-Latin America cooperation.

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2009

[December 2009]

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.

[November 2009]

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.

[October 2009]

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.

[September 2009]

Dispute Over Songs between Indonesia and Malaysia. The Indonesian song titled ‘Terang Bulan’ and Malaysian national anthem called ‘Negaraku’, are exactly same in its introduction and intonation, except for the lyrics and patriotical beat for the Malaysian Anthem. According to Lokananta, an Indonesian State Enterprise in recordings, the Indonesian ‘Terang Bulan’ song was recorder by Lokananta in a choir version at the Republic of Indonesia Government Radio in 1956, a year earlier to Malaysia independence. The recorded song was copied into phonograph and sited in Lokananta Archive in 1965. Lokananta Archive only stated that the said song is an entertainment song or a popular public song, in Keroncong genre categorization, on 11 minute and 15 second duration and without a composer name. The said song rerecorded to a phonograph on 16 March 1965, together with 3 other keroncong genre songs. ‘Terang Bulan’ was popular in Indonesia years before recorded. The old generation who lived on the era of the said song must be agree that the Malaysian national anthem ‘Negaraku’ was copied from ‘Terang Bulan’.

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

[August 2009]

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.

[July 2009]

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.

[June 2009]

Malaysia Navy trespassed Indonesian Seawaters at Ambalat. The move by Malaysian Navy and coastguards at the Ambalat areas in late May 2009, was then ordereds to leave the waters by the Indonesian sea patrol KRI Untung Suropati. The appearance of KD Yu-3508 (Malaysian navy boat) fast attack craft-gun type boat, on 04.03.00 LU/118.01.70 East Longitude position, already entered Indonesia territory at 12 sea miles, clearly violating the UNCLOS on sea border territory. The moves were held more than 10 times by Malaysian navy and airships for the last 1 month, have increased tensions between both governments and Defense Secretaries. To avoid from further gun attacks, the Malaysian Parliament and Malaysian Minister of Defense has submitted its formal apology to the Indonesian government, mid June 2009.

Material Transfer Agreement agreed by the World Health Assembly (WHA). Indonesian Minister of Health figured that 90% success has been reached by the Indonesian party. It is expected that with the SMTA, Indonesia can get direct access for the utilization (the progress, the research, for vaccines uses and the party who uses) of Indonesian viruses or materials being shared to the WHA. WHA is the highest World Healthy Organization hearing forum. Standard Material Transfer Agreement (SMTA) is an agreement to share viruses or sample.

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.

[May 2009]

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).

 [April 2009]

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.

[March 2009]

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 Communità di Sant’ Egidio. It is said that, Indonesia is a country with the largest Moslem population in the world, as well as a model for the moderate Islamic tradition, who live side by side peacefully with other religions for over hundred years. Prof. Andrea Riccardi, the founder of Sant’ Egidio, said that Indonesia is a plurality laboratory (pluralism), and the world needs civilization, where people shall live side by side, peacefully (so called 'civilization of coexistence'). This conference is a forum to learn and share experiences, and its aim is to build a high-level dialog between representatives of Islamic organization in Indonesia and scholars from Italia. The resource persons from Indonesia are General Principal of PBNU KH. Hasyim Muzadi, Prof. Dr. Bachtiar Effendi, Prof. Dr. Siti Musdah Mulia, Prof. Dr. Azyumardi Azra, Uskup Martinus D. Situmorang, representative from Indonesian State Ministry Prof. Atho Muzhar, Prof. Dr. Komaruddin Hidayat dan Dr. Fatimah Husein. Indonesia also stated its willingness to be the home country for the upcoming conference next year.

WIEF: Jakarta Declaration by Islamic Countries. The World Islamic Economic Forum on its the 5^th 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 7^th 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.

[February 2009]

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.

US to play more role in ASEAN. The official statement was delivered by the US Secretary of State Hillary Rodham Clinton during the official visit to the ASEAN Secretariat in Jakarta, Indonesia. US current administration expects to accelerate the signing of Treaty of Amity and Cooperation in the Southeast Asia. The Minister also admitted that this is the first time the US emphasized its foreign policy toward ASEAN member countries in order to empower a productive ties through cooperation, which under the previous US administration was not on priority. The US region strategic positioning in ASEAN are being mapped as a region  characterized by its particular orientation in trade, significant economy power, and as a key to solve problem in climate change and terrorism. The ASEAN Secretariat in response, is of the opinion that US current administration views its commitments in politics and security over the region. Technically, the US will soon attend the ASEAN  Post Ministerial Meeting in Bangkok, this July, and implementation through facilitation and training support for the ASEAN staff at the ASEAN Secretariat.

Indonesian Captain involved in an Incident at Vladivostok, Russia. The captain and other 5 Indonesian sailor at a China cargo ships, failed to escape after the cargo sunked at the Vladivostok Port, shot by the port authority of Russia this February. The cargo ships was earlier detained by the Vladivistok Port Authority for goods being disputed between the buyer in Russia and Seller from China. However, the captain was then forced by the ship owner in China to leave without authorization from the port authority, compelling the port authority to shoot the cargo. The captain fortunately signed a release of discharge with the ship owner, prior to the incident, knowing his action might took serious legal consequences. The Indonesian Embassy in Moscow has act proportionally under the Vienna Convention 1965 on Diplomatic Relation, by protecting the 6 Indonesians abroad.

Indonesian School in the Netherland represent Indonesia at the UN International Conference Simulation. The official name The Hague International Model United Nation (THIMUN) will be participated by students from various countries, with agenda to train participants to act as diplomat at UN IGO forum to discuss issues in international politics, globalization, effective communication, and multilateral diplomacy. The said 12 Indonesian students will be supervised by 3 other Indonesian teachers.

Indonesian Commission on Corruption Eradication (KPK) and Indonesian State Auditor (BPK) Found Mismanagement of Foreign Loan. KPK and BPK will investigate The Indonesian National Economy Planning and Development Body (BAPPENAS), The Central Bank (BI), Department of Finance (Depkeu), and other state enterprises due to mis-utilization of those foreign loans. According to KPK, the number from Department of finance record reached Rp 450 trillion, while the Central bank verse shows Rp 443 trillion. According to BPK, from 1967 to 2005 only 44% of the foreign loan used appropriately, while the other 56% is used unclearly. KPK will then check whether these falls into legal issue or administration fault. BPK wish to have a clearer versions due growing numbers of loan repayment.

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.

[January 2009]

5 Australians Charged 2 Years Imprison for Illegal Trespassing by Merauke’s District Court. They are who illegally landed with small aircraft with no flight clearance at Papua small airport on 12 September 2008. The four passengers are Vera Scott Bloxom, Karen Burke, Hubert Hofer and Keit Rowals Mortimer who’s sentenced to two years in prison and fined Rp 25 million (USD 2,600) for violating Articles 53 and 6 of Law No. 9/1992 on immigration, while the pilot Scott Bloxom, is sentenced to three years in prison and fined Rp 50 million (USD 5,200) for violating Articles 58 and 13 (2) of Law No. 15/1992 on aviation. The 5 Australians told the police that their purpose of visit was sightseeing. They board a light (twin-piston) P-68 aircraft, registration code VH-PFP, and landed on Mopah, Merauke. Responding the court verdict, the defendant request for an appeal. Meanwhile, an Australian media (cairns.com.au) reported, that an Australian parliament member had already contact the Australian PM and Minister of Foreign Affairs to find a guarantee that the federal government will make their best effort to defend the five defendants.

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 1^st rank, which out of 1.218 respondents, 48 percent businessman admit that they have ever bribe a police. The Customs Office is in the 2^nd 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.