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Indonesia Law Update

2014

[December 2014]

Indonesia Law Enforcement 2014: a New Hope. The poll was held by a national circulation newspaper on 10 to 12 December 2014 with 681 respondents age of minimum 17 years and over with domicile at 9 big cities in Indonesia such as Jakarta, Yogyakarta, Surabaya (Java island), Medan, Palembang (Sumatera), Pontianak (Kalimantan), Makassar, Menado (Sulawesi and Jayapura (Papua Barat). Public trust over law enforcement the year 2014 in general is 'better', according to 58.9% respondents, as to compare with those who sees 'it remain the same' (21.3%), 'still bad' (12.6%), 'got worse' (4.4%) and 'abstain' for 2.8%. As for the institutions, public trust remain high on KPK - the Anti Graft Commission with 72.2% in 2014, which is slightly lower to 74.4% last year (September 2013), 68,4% (February 2012), 68.4% (February 2013), 54,3% (December 2012), 34,3% (November 2011), going up to 40.1% (August 2010), and 57% (November 2009). The figure for other law institutions remain low and the lowest at all times, such as Department of Justice with a figure of 34.1% - 18.5% - 19.4% - 18.8% - 10.4% - 11% - and 19%, respectively. General Attorney and the Police are two to compete with the figure for the Police at 38.3% - 22.45% - 20.2% - 25.3% - 17.3% - 16.3% - 22.2% - and the General Attorneys with figure of 29.5% - 21.0% - 19.5% - 18.3% - 11.4% - 10.5% and 18.8%, respectively. Public' satisfactory over court ruling also measured by the poll. Public mostly shows dissatisfactory in all areas of law. On top of dissatisfaction remain on human rights law ruling (dissatisfactory 75.5%, with satisfactory figure of 20.6%), followed by criminal case (74.6%/24%), corruption (72.4%/26.1%), racial matters (70.9%/23.5%), drugs (67.5%/31.1%), then terrorism (55.4%/41.1%). To sum up the above figures, public however still of the opinion that year 2014 law enforcement is still not success (67.0%) than those who sees it differently with good expectation (30.3%), a figure of an increase of hope than year 2013. There is also an interesting point covered by the poll, that 4 out of 10 people tends to avoid to deal with legal procedure, law officers and court since they knew its low effectiveness in solving general claims in tort matters. Except for criminal, public has no choice but to go through with low confident and hopeless result. This out-of-court settlement is closely related to the culture, which law sees as a barrier to law minded for the community. People also in the view that law clinged to those with more power and money, rather than those for public good.
 

Public trust is low against the Indonesian General Attorney Office. The new appointed-chief of the General Attorney Office Mr Prasetyo admitted and told this fact to the President Joko Widodo. According to him, public high expectancy do not meet public low trust over the office. Prasetyo is one of the next controversial  appointed chief in the power being directly appointed by the President to sit as chief of law institution, following the appointment of Minister of Justice who both happen seen as persons at the wrong seat, with limited law track record, doubtful and close tie with the ruling politic party PDI P, the public views so. Such expectation become more evitable to business practitioners who hold their activities for the next 3 months.

Personal Victim Pardon freed a Criminal: a new paramount court decision. A new case recently ruled by the Indonesian Supreme Court where a husband is freed from a any criminal lawsuit from his wife following a personal pardon being granted by his wife, who filed a case for domestic violance earlier in January 2012. Three months after the case was filed she accepted her husband apologies, then revoked the case formally, within a period of case revocation as stipulated by the Indonesian procedural law. The Court of First Instance then dismissed the case, but the public attorney at the court appealed to High Court on the basis of the criminal law procedure . The High Court assessed the case then ordered the lower court to conduct a re-trial, where the defendant was then sentenced. Following the ruling, the defendant appealed to the Indonesian highest Supreme Court on the basis that be has been granted a personal pardon from the plaintiff. His appeal was granted. The Indonesian Supreme Court in December 2014 took a different legal approach, a monumental one, where Judge Panel is on a basis of restorative justice (being appealed) rather than retributive justice or even worst restitutive justice as being approached the public attorney. The Judge Panle are in the view of the urgency of justice and legal assurance, where it is more important to provide justice than legal assurance to achieve a restored condition for a just society.

Anticorruption Index 2014 gets better
. The release by the Indonesian Bureau for Statistic - BPS shows an index figure of 3.61 (5.00 is the worst for scale 0.0 to 5.0), where the figure for 2013 is better at 3.63 and 2012 is 3.55. Suryamin the Chairman of BPS told that 5.0 shall mean that public is not aware or being highly permissive for corruption in the community. However, the figure 3.61 national figure shall be a positive signal where there is a growing number of people who gives zero tolerance to corruption. People in the city gives a different figure index of 3.71 than 3.51 in the rural area, where men gives a figure of 3.64 to women of 3.59. Details of the survey also shows a paralelism of education to anti corruption, the higheer of education the lower index is. Those who are a high school gradutaes figure index is 3.52, high school is 3.85 and elementary graduteas are 4.01. This is due to their ability to better understanding and comprehension of the danger of corruption. The survey was held at 33 provinces all over Indonesia, covering 170 municipalities including 10.000 homes, those who had direct experience with public services performed by government officers. The survey was held on the legal basis stipulated under the Presidential Regulation Number 55 year 2012 on National Strategy for Eradication and Prevenetion of Corruption on the basis of anti corruption attititudes.

November 2014

Public trust is low against the General Attorney Office. The new appointed-Chief of the General Attorney Office, Prasetyo told President Joko Widodo, his legal institution is under public high expectancy but he realizes it do not meet public expectation due to public low trust over the office. Prasetyo is one the next controversy appointed chief being directly appointed by the President to sit as chief of law institutions, following the appointment of minister of justice who both happen seen to be as a person at the wrong seat, a person wih unsignificant law track record, doubtful and importantly has close tie with the ruling politic party PDI P. Such expectation become more evitable to commercial stagnancy, low rate currency of Indonesian Rupiahs against foreign currency, high banking rate and business practitioners who hold their activities for the next 3 months to 2 years.

Indonesian Navy to Sink Foreign Illegal Boats in the Indonesian Waters. The executive order came directly from the President toward the Indonesian minister of Sea and Fisheries and the Indonesian Naval to continue seeking and sink illegal fishing ships and boats found in the Indonesian waters subject to the law 47 year 2009. The Indonesian Chief Army admitted such sinking boats has long been upholded but never been published. However sinking foreign ships law enforcement might be a diplomatic issue between Indonesia and the neighboring countries, but instead it is assured that no problem may rise according to Minister of Foreign Affairs. Sinking foreign illegal ships has long been acknowledged and practised between states, as long the law is upholded.

October 2014

ICW: 4 major Principles Requirement in Appointing Ministers. Following Joko Widodo's inauguration as 7th President of the Republic of Indonesia on 20 October 2014, ICW - the Indonesian Corruption Watch warned Joko Widodo's administration to set a thorough and deep personal investigation in appointing his ministers. ICW suggested 4 major principles of prohibition must be taken into account, namely such ministers profile may not have a personal profile of having a personal big bank account on his own behalf or its relatives as nominee and a clear history of his wealth. Secondly, such candidate of ministers may not be a lawyer once happen was a legal representative of a corruptor or not even once being part of the court mafia. Thirdly, not a politician who once was of opinion to or against anti-corruption movement. Finally, businessmen who is keen for his business interest. KPK Chairman Abraham Samad earlier had notified that most of the candidate for ministers are prone to corruption record in the past, and if appointed they may survive for only 2-3 minths ahead, hence clean and prudent administration is only a lip service uner the Joko Widodo's administration.

Acting Governor of DKI Jakarta visited KPK. The acting governor of Jakarta, Basuki Tjahja Purnama pays another visit to KPK on a purpose of transparency, since he sat as a deputy of governor of DKI (DKI - Special Region) Jakarta on June 2013. Basuki told KPK he soon will apply a compulsory requirement to all his office's staffs to report their personal wealth, which will also involve the community to respond back as part of community control. This new mechanism will allow transparency of each of the DKI Jakarta staff's personal profile of wealth, salary and lifestyle. It has been public secret that most of the DKI Jakarta officer from the level of local office to the seniors are extremely wealthy, which do not meet their salary profile. Basuki will also Implement limitation of money transaction in his office, where cash is only allowed below Rp25 million, the rest must be through bank transfers in order to narrow and to avoid bribery and corruption of government projects. Basuki soon in late November 2014 will took Joko Widodo' as DKI 1 Jakarta Governor seat, replacing Joko Widodo who became President in the 2014 Presidential Election. Basuki has long known to be radical in introducing good governance in the DKI Jakarta Office.

September 2014

Indonesian Farmers Urged for Reformation. The research by the Indonesian Agrarian Ministry shows that Indonesian farmers in the last 10 years become poorer, owns small and smaller land to cultivate, many convert its land from rice field into Industrial needs while food importation keeps doubling. Statistics conducted by Farmer Statistics 2013 shows importation of 8 major food hit 175 percent within the last 10 years from USD3.34 billion in 2003 to USD 4.9 billion in 2013, causing the release of foreign exchange reserve 4.5 times higher, and as a result budgets increase 611% within the last 9 years. Farmers families also become more reluctant to survive, since statistic shows that the small medium or big land size they own reduced, 1.321.787 family feels a lesser quality of life. Some of the rice farmers opted to survive by converting to horticulture plants, which in fact is very costly in investment and vulnerable to market prices. Statistic in 2013 recorded that 62.8% out of 28,55 million poor people in Indonesia are farmers. This figure creates a greater gap ratio between the poor and the rich from 0, 35 (2008) to 0,41 in 2013.

Indonesian 70% Financial Asset Occupied by 31 groups. The statement was released by the a senior officer of the Indonesian OJK - Otoritas Jasa Keuangan, the Indonesian Monetary Authority in charge of banking and financial practices. The all 31 financial institutions are now under light monitoring and supervision by the OJK under the Bank Monitoring, Capital merlot and Regime Office Department in OJK. OJK senior official further add that apparently those 31 financial conglomeracy controls most of the Indonesian financial distribution, which 5 biggest are government owned financial institutions, 2/3 are domestic financial institution and the rest are foreign financial institution.

122 Laws Urgency to be Revised. The Indonesian KMP - Koalisi Merah Putih, the Red and White Coalition addressed the issue the urgency to revise 122 laws currently in force, emphasizing revisions on major crucial laws namely Law no 22/2001 on Gas and Oil, Law no 4/2009 on Mining and mineral, Law no 10/1998 on Banking and Law no 39/1999 on Telecommunication. The rationale of such revisions are due to its update period of cycle, and to adjust with current change of economy in Indonesia. The Red and White coalition are political group of interest led the majority legislative seats in the House of Representative (DPR) and the Upper House (MPR) who happen to be the opposition to the current politic party supporting the executive, the administration of the president Joko Widodo who suspects there are too many personal and bad interest are within the plan in running his administration. The Red and White coalition argued, such revision of laws idea are based on deep and thorough academic researches, where in facts the 122 Law gives less and less positive benefit and interest to the good of the people of Indonesia, since inception of such laws. The recent case was High Court final ruling in mid 2014 to fine USD 1,1 billion to a subsidiary company of a major cellular GSM operator for corruption, not to mention the tapping and eavesdropping of Indonesians lines by foreign entities. The operator once was the first and leading government owned-company prior to 1998 who happen how controlled by foreign entity allowed by the Telecommunication Law 39/1999. Mining is also another issue, where new regulation has effectively ban since may 2013 all mining company to export raw minerals previously allowed under the Mineral and Gas Law. In banking, there is also an immediate and clear threat of free flow of currency by the foreign banks operated in Indonesia, not to mention free operation to remote are as in Indonesia for deposit - a very liberal banking practices where most other country strictly disallow. Portion of 99% ownership is also other main issue. These issues are only some being known by public and has become a great homeland security concern as well.

August 2014

Indonesian President Annual Speech 2014. The speech was addressed before the Indonesian Parliament members, marked President Dr Susilo Bambang Yudhoyono's 10 years in the administration. The speech gained applauses for Indonesia's great achievement in democracy, economy, law enforcement, equal economy growth, education, health, foreign relation and Indonesia Diaspora.In democracy, Indonesia marked a significant smooth transition of democracy since 1998 reformation by a peaceful and order presidential 4 elections within the last 15 years. It also marked great historical events of hundred of elections for all level of executive and legislative, namely the governor and parliament elections at 33 provinces, and hundred majors of elections at the municipalities/districts level. In law enforcement, the President is still consistent as his position 10 years ago, of the equality before the law, and no one is law-proof during his administration. Within 10 years period 2004-2014 the President admittd he has signed his administrative approvaIs for corruption investigation by KPK for involvement of 277 officers at the central and local, executive or legislative and judicative, including a number of his ministers. The 277 figure is only for those being investigated by the KPK - the Indonesian Anti Corruption Committee, and do not include investigation held by the police and the office of the General Attorneys. In order to combat bribery and court mafia, 2009 - 2011 he also established Anti Law-mafia Special Taskforce. In 2011 a new bill no  16/2011 was released, Law on Legal Aid providing free legal aid by private lawyers for less fortunate citizen in court. On economy and growth, this is another great achievement he added, where the Indonesian domestic national economy growth has been maintained at 5.9% during 2009-2013, far beyond the growth in the US, Europe and Japan during the same period. In 2014 there is a decrease to 5.2%, but anyhow remain the highest between the G-20 members after China. This figure is surprising recalling other countries growth decreased significantly,or even plunged. Indonesia' foreign debt is also far secure than before, whereas during crisis in1998 the figure of domestic brlet was 85%, how the figure is 23%. Indonesia also paid in full its debt to IMF in mid 2009, 4 years earlier than the schedule. In turn, IMF receive advices from Indonesian economists on economy reformation. Indonesia also recorded the lowest 0.7% fund by other countries, a statement of Indonesia' economy independent. In budgeting , Rp 1.842,5 trillion (equal to USD l,800 billion) is allocated, the highest in the Indonesian history, whereas national currency reserve hit USD110,5 million, once hit USD 124,6 million, also the highest in history. Trade volume also marked the highest in history: USD 400 million. Indonesia income per capita how is USD 3,500 as to compare to USD1,000 in 2004. The President also reminded that such achievements are blessings to all Indonesian during the world economy crisis. As a result of great achievementin economy, now Indonesia sit in the prestigious G-20 member , a major forum of stales to discuss world economy. Indonesia is part of the world solution. On poverty, the figure of the poor has significantly decreased for the last one decade. The worst was in 2005 as a result of the hike price of world oil prices. the figure increased, but the last 5 years the government has lowered 4.5 million people. In 2009 the number however is still 11% or equal to 32 million people living below the poverty line, but then in 2014 the figure decreased to 11% or equal 28 million people. Such figure however is still unfavorable to day, where the government keep working hard to reduce it to zero. However, the success of national development may not merely rely on poverty , but also the growth of middle class. On education. Since the court order of the Indonesian Constitution Court in 2010 on the compulsory to immediately spend 20% national annual budget on education only, the SBY administration has move on to settle access for the poor and increase the education quality. The Bidikmisi, a program for the Intelligent poor students, successfully enjoyed by the 220.000 students from villages, to study at numerous universities, including significant numbers at various prestigious public universities. The intelligent poor also receive monthly living cost of Rp 600.000 during their 5-6 years of study. Still on the budget, the government has allocated a permanent education find for further masters and Phd degree for ten thousand intelligent but poor student. Access is also now widely open for students living in the eastern part of Indonesia to study at prestigious 15 public universities in big cities in Java. As for the elementary 9 years Compulsory study program, the government has extend it into a new 12 years, an additional 3 years of free school fee. Awards for the Indonesian Students. The government is also surprised to see that within the last 10 Years there are great numbers of genius Indonesian students who won numerous international science olympics with 217 gold medals, 389 silver medals and 494 bronze medals. An extraordinary achievement other regional countries may not be able to compete with. On health, Indonesia is proud to declare the biggest single Health security system in He world, called by BPJS, covering 126.4 million people who pay their monthly fee at as minimum as Rp 40.000 (equal to USD 3,8 per capita), where applicant numbers keep growing from time to time since its inception January 2014.

Montara Gulf Case.  The attorney in Canberra, Greg Phelps representing the Indonesian fishermen and East Timor fishermen urge Canberra to initiate a full coverage of investigation on the oil spill in 2009 at the Timor Sea by Montara, particularly by its subsidiary by PT TEP Australia, an Australian Company. The attorney argued that crude oil spill in 2009 indeed in fact did not washed over the sea surface, but indeed was below the sea and the sea bath, causing severe damages killing thousands of sea live below the surface and worst, new scientific evidence find some skin irritation to people live by the sea. Gregg Phelps further explained that, the Indonesian government has assisted him in providing evidencesand support to the people suffered. He added, it is PT PEP Australia who is bound by the law to conduct serious investigation to the area then conductor scientific researches including on the sample of the seawater, soil, and the mangrove sites being spoiled by the oil. The PT TEP Australia has responded by saying that, its independent study released by the Australian department of Environment found that Montana' crude oil spill apparently are 98% in the Australian territory, and no credible research find such environment deterioriation was caused by the oil spill, especially sea life at the Australian territory. PT TEP Australasia admitted has made several official meetingswith the Indonesian authorities. Pt TEP apparently has also admitted its fault and breach the Offshore Gas and Oil Exploration Law and paid fines of USD510,000 in 2009.

KPPU Cartel Investigation on Singapore  Dollar. The initiation of investigation on unfair trade practices was based on complaints and reports by the business parties, including report from Australian Competition and Consumer Commission (ACCC) submitted to the Indonesia Fair Trade Practices - KPPU. The report was the existence of a strong indication of cartel practices by a number of Singaporean banks on silent agreements to setup higher exchange rates of Singapore Dollar against other 5 regional currencies, namely against Indonesian Rupiahs, Malaysian Ringgit, Vietnam, Thailand Baht, and Australian Dollar. The tricky practices by such Singaporean Banks has been identified earlier by the AAAC and has caused significant economic loss for Australia.

KPK: 466 politicians of 9 politic parties, corrupt. There data was officially released by KPK, the Indonesian Anti-Graft Commission a recorded data for the last 10 years. On top of the list is PDI-P with 157 politicians, followed by Golkar (113), Partai Demokrat (49), Partai Amanat Nasional (41), Partai Persatuan Pembangunan (22), Partai Bulan Bintang (9), Partai Keadilan dan Persatuan Indonesia (5) and Partai Keadilan Sejahtera (4). The corruption maybe the result of the Law of Autonomy 1999.

Indonesia-Australia signed the Code of Conduct. The signing has been concluded in Jakarta, by both foreign ministers, witnessed by the President Susilo Bambang Yudhoyono. The code of conduct is merely a goodwill for both countries to ease the high tension diplomatic foreign relationship as neighbours. The code of conduct will govern a detail relation of do's and don't , and ethics, particularly on eavesdropping.

July 2014

Garuda Indonesia, the World's Best Cabin Staff 2014. The Award by Skytrax put Garuda Indonesia, the Indonesian national flag carrier equal to Singapore Airlines and Cathay Pacific during the Farnborough International Air show in London, recently. This award follows Garuda's achievement in 2012 as the Best Regional Airline. The 2014 Award covers not only for the cabin shaft, but also for 4 other categories, namely Best Business Class Comfort Amenties, Best First Class Comfort Amenties, Best Airline Staff Service in Asia, and World's Best Economy Class.

Adjustment of Wages Ratio In Indonesia. The statement was released by the Indonesian Cooperative Research and Development, on findings of wide gap of wages between the top executives and the lowest position in an office, particularly in private companies. The gap reaches 100 to 1, or even worse 200-500 to 1. There search further found that apparently national asset concentration of 87% are monopolized by only 0.2% population in Indonesia. As a matter of stability in social, economy and politics, he urged the government of Indonesia soon to take action through set of new regulation on (1) wage ratio and asset distribution, (2) agrarian reform and (3) cooperative institution reform in general. The ideal figure of ratio should be at 20 to 1. This particular and sensitive issue is drawn over the great gap of salary and in turn create a wider gap of economy, and even 2013 marked the worst trend of salary gap in history. He further added, that the Indonesian human resources are qualified, hard worker, intelligent and honest, and therefore deserve a far better wage system.

Indonesia GMF get EA5A Approval for Airbus. The Garuda Maintenance Facility Aero Asia - GMF, a subsidiary state-owned company of PT Garuda Indonesia also just recently awarded by the European Aviation Safety Agency (EASA) as center for training of the the Airbus Remote Training Center (ARTC). Such prestigious rating allows GMF to conduct training for civil aircraft of Airbus planes series of A320 and A330. The GMF was also awarded for other international class of civil aviation training series of AMTO 147 EASA, particularly to train aircraft of Boeing B737-NG and B747-400 within the standard of Europe. In the near future, GMF is planning to expand to open a training center for Canadian aircraft Bombardier CRJ1000 dan ATR72-60. GMF has been known also the hub for most international civil aircraft maintenance and services for engine and parts in the region for the last 20 years.

June 2014

Indonesian antibiotic microbe, a foreign high demand to steal. The release by the Indonesian Deputy of Natural Science of the Indonesian Institute for science - LIPI, was based on long experiences to witness how foreign entities are very much in interest to own series of wide variety of Indonesia's antibiotic microbes without permission or knowledge of the, to produce new variant of antibiotics for research and business purposes. This is due to their knowledge of how vast and wide variety of Indonesia's natural resources, highly precious, and easily to be taken without permission to the Indonesian authority. Countries knowingly with high activities are the Us, German and France. Microbe natural samples are very much easy to be taken, such as a scoop of spoon of soil from an extreme land area in Indonesia, which may represent the whole world living entity microbes. These microbe they in turn maybe produced into various anticancer drugs, core to speedup growth, or even as energy sources (from the lung of bees). In order to avoid fromsuch an ethical and stealing practices, LIPIhas conducted series of bilateral science cooperation, namely with German and the US through a so-called knowledge screening transfer.

30 % world illegal fishing is in Indonesia. The figure was released by the Food and Agricultural Organi2ation, Department of fisheries and aquaculture Department. The statement then is reinstated by the Indonesian Chairman of the Board ofTrustees of the Unitarian Indonesian Traditional fishermen (KNTI) . He added that the loss may reach 30%, Or around Rp 100 trillion (USD 8.5 billion), annually. The tremendous loss for Indonesia also caused dueto government low responses, bad sectoral management of natural resources due to the narrow vision as the role and functions of the maritime sector is only calculated on the basis of economic contribution and land area as an indicator of mobilization of the state resources. Finally, he third challenge faced is the lack of participation by fishing organizations, farmers, and coastal people in drafting a public policy.

KPK to engage BLBI Investigation, soon. The Indonesian KPK - Anti-graft Commission released its statement to engage in a further step to investigate BLBI, the Liquidity Financial Support by the Central Bank during the crisis of 1998 through 2005. The BLBI is a scheme designed by the government to recover loss of liquidity by 40 banks during the financial rush, but in turn the controversial misuse and mismanagement of BLBI case had resulted state loss Rp147 trillion (USD 130 billion) in year 2002, where the Indonesian government that time surrendered to cover the biggest portion of its 70 percent loss (Rp101) due to financial crash caused by state and mostly private banks only. The 40 banks were covered by the government through the central bank under the BLBI scheme, where private banks ranks the top to receive the biggest amount but failed to return the coverage then let go some of its low value assets. The steps taken leads to a strong indication of mega corruption, a collusion by top private banks executives and the Indonesian highest government executives, by releasing Presidential Instruction no. 8 year 2002.

May 2014

Indonesia Rank 10th in World GDP. The release by the World Bank figures out, that  Indonesia's economy is in a very good shape, compared to the rest of the world, today. The United States remain in the first rank, followed by China, India, Japan, Germany, Russia, Brazil, France then Great Britain. The rank also shows strong optimism in Indonesia's economy players, with 6% growth in 2012-2013, and even better in the previous year with figure of 6,23%. China reached 7,75 percent the respective year. Malaysia sits on 5,3%, Singapore with 1,55, Vietnam 4,4%, and Thailand 2,6%.

April 2014

Trade Law, Released. The bill passed the parliament On 11 February 2014, with full acclaimed not only by majority of the   political parties, but also all Indonesian economy community components being represented. There are some important notes, namely of the trade preferential, Importation liberalization and import substitution. The bill has gone along chronological events, since its Inception in 1972. The Indonesian parIiament early  days rejected the bill in 1979, then it relapse in 2010, then finally found its acceleration in 2013. The new trade law will replace the archaic Dutch Trade Law 'KUHD' being tought at law schools until today, which most of its articles has been impaired by tens of partial new articles, regulation and new laws. Indonesian Deputy minister of Trade Bayu Krishnamurthy is very proud and optimist, that this new trade law gives more power to the government in managing, controlling and put punishment to all trade matters. Misleading in export and import will be punished (article 43), e-commerce is tighter (article 65-68), consumer protection is even more detailed, including protection and development of small to medium enterprises and cooperative (article 73). The parliament is also empowered in establishing and annullment of International trade agreement (article 83). Generally this new trade law is a controlled-regime, rather than a liberal one.

Food scam USD 15 billion due to food Hike Prices. The scam is of fake foods distributed within the market, in respond to the hike prices of 2,5% of food in the world. The scam in turn remain a dangerous potential to not only to heath, but also causing loss of agriculture revenue due to the price gap. The US FDA admitted, that it is hard to trace the distribution, though only 15% are imported domestically. The worst case of fake food in the American history is the fake honeybee, swept away the original honeybee from the market. Other fake foods are juices, olive oil, and sea foods. The fake food also is a tax scam, where USD 180 annual tax is potentially lost.

February 2014

Bills of Engineering. The new bill mainly will serve to secure engineer's professionalism, covering management of engineer's professional certification, work licens procurement up to standard of services, according to Mr. Tjipto Kusumo a member of legal drafter for the bill. The bill will also to secure and protect consumer's right in engaging with the service of engineer, to secure consumer of a qualified works and engineer competenciess profession working in Indonesia. The bill is seen to be urgent domestically in protecting Indonesian engineers, but also to avail and make competitive Indonesian engineer abroad. The bill is expected applicable to foreign engineers as well. Chairman of the Indonesian Engineer Association further emphasize competitiveness matter, where Indonesian engineers often found their actual job is not related to their academic achievement due to incompetence in workplace, including but not limited to lack of integrity, professionalism, and discipline. Ethic and broad-minded is also crucial in a world of competition, added a senior lecturer.

January 2014

General Attorney's in PT Asian Agri tax embezzlement case: strong indication of money laundering. Following the year 2012 Indonesian Supreme Court final ruling on a gigantic tax scam by foreign investment company in Indonesia PT Asian Agri, the Office of the General Attorney release its strong indication of money laundering, another case is a probability. 14 of PT Asian Agri subsidiaries has been found for tax scam, therefore to repay the Government of Rp 2.519 trillion, equal to USD 3 billion. The Office already seized all assets owed to 14 PT Asian Agri' subsidiaries, namely a number of plantations in Province of Jamb, Riau, North Sumatra, and other 19 plants and land spread along the island, if no payment  is being made. The Office has initiated a research over the scam to transfers a number of assets, where if so proven, might face a harder law, the anti-money laundering law.

Legal Aid Budget Ineffective. The Rp13 billion out of Rp 43 billion budget for the respective year 2013 is disposed by 310 Legal Aid Organizations, are in fact recorded within the year 2013.While the rest of 70% is unabsorbed. In other words, a figure of Rp30 billion or 70% is not yet deployed during the year 2013. The figure waste and unsed budget of 70% looks dull and absolutely a big disappointment to Vice President Boediono, where this may impact on the following years budget released by the the National Law Empowerment Authority under the Indonesian Minsitry of Law and Human Rights. The budget is particularly allocated in the view of helping the less fortunate and poor and less access to justice, under the Law 16 Year 2011 on Legal Aid. The law is in its view that The State is seen to be responsible for the welfare of its people rights and access to justice to preserve human rights.The technicality is relied upon the Minister, which then verified and accredited 310 Legal Aid Organiztion responsible for the utilization, through one-roof services.

 

   

 

Indonesia Law Update

2015

[December]

Indonesian State Universities at rank 5 for Transparency. The release by the Indonesian Commission for Information Center - KIP for year 2014 shows that Indonesian state universities are sadly less open in information transparency be it externally or even internally, including where KIP receive-back questionnaire responses only from 16 out of 61 state universities. The rate filled questionnaires are also low at 60 score out of 100. The major KIP' concerns are the money flow from the state budget as these might lead to corruption. State universities rank is only one level lower to Political Parties transparency, where rank 1 is at the Indonesian Ministries, followed by Indonesian non-ministerial institutions (#2), provincial public offices (#3) and finally state Enterprises (#4).

Indonesia Diaspora Urgency. The Indonesian Vice President Jusuf Kalla addressed this issue due to the urgency and importance of Indonesians who work, stay and live abroad to maintain their close tie with their Indonesian soil and nationality. Indonesia diasporas ranked number 17 In the world in term of its remittance. India diaspora send their money home at USD 49 billion annually (#1), followed by China USD 48 billion (#2), Mexico USD22 billion (#3), Philipines at USD 20 billion (#4), and Indonesia USD 7 billion (#17). Such figure deemed to be significant to national domestic bruto income (DBI) where Kirgishtan remittance reach almost 50% their national DBI. Currently Indonesian diaspora reaches 7 million with 3 different categories. The first are those working abroad with 4,6 million Indonesians, followed by 2 million who changed their Indonesian nationally and live abroad due to marriage or migration, and finally non Indonesians who love and stay In Indonesia or abroad. The diaspora is another power source in economy not only to its remittance but also culture, lifestyle, and gateway for foreign investment. China has so far has proven the diaspora power to China domestic that turns into a world leading economy power, where India diaspore also prove Mumbai as a center for technology power.

[November]

Indonesian President Joko Widodo administration Poll. The poll was held by an Indonesian an independent poll surveyor, where the first year of Joko Widodo administration has been seen dull as the figure shows that public are in view the welfare is bad (65,55%), politic-law-anti corruption effort are as low as under 50%. The economy dominate the poll of six major concerns with bad economy figure is 37,2%, hard to get a job (13,3%), the hike price of foods (12,3%), poverty (3,7%), less welfare (2,9%), and finally the anti corruption fights (at the lowest. The public however still believe that democracy system remain the best (74,9%) a lower figure of 2014 (77,3%) including significant decrease of satisfactory practice of democracy at 48,5% from 50,8% in March 2015. However democracy is in the good view by people with various figure, where there remain freedom of speech (58,9%), life is still in order (12,7%), while those unsatisfied is in view that democracy was improperly defined (18,2%), not in line with people aspiration (14,4%), inconsistent of early politic promises (9,9%), and the fact the clear increase of corruption(8,6%). Public satisfactory over the performance of Joko Widodo' administration figure of unsatisfied is 46% against those are satisfied with 51,1%, a decreased figure from previous 6 months with figure of 51,1% against 57,5%, respectively. While for the vice president Jusuf Kalla' unsatisfactory vs satisfactory performance figure is 52,9% / 42,1% against previous 6 months of 53,3%. Ministers performances are also in the survey with 46,7% unsatisfied against 37,1% satisfied, a decrease of 9,7% satisfied 46,8% six month ago. The poll was held on 14 to 22 September 2015 at 34 provinces in Indonesia with 1.200 respondents with margin of error plus minus 3,0% at rate of trust 95%.

Unemployment hits 6.18%. The August 2015 survey of unemployment rate in Indonesia hits the above figure as to compare the same period last year at 5,94% according to the Indonesian statistic Bureau - BPS, recently. The amount figure is 320.000 new unemployment in line, totaling th number of unemployed of 7,56 millions up from 7.24 million unemployment August 2014. The major cause are lay offs and low market employment absorption including the new workforce came into the market. The layoffs are due to hike prices of imported materials for manufacturing and production line, where these hits the most of labors with vocational education background reaching 12,65% followed by high school dropouts background (10,32%). As for vocational vulnerabilities are due to their particular work with specialization and cashing inflexibility to other work available. The new workforce for 2015 are 510.000 adding the previous 121.87 million last year. No structural change of unemployment for workforces of the 4 biggest contributor at the agriculture, trade, public service and industrial sectors. In comparison with August 2014, the number of workers in the construction sector in August this year reached 930 thousand (12.77%); trade at 850 thousand (3.42%); and the financial sector at 240 thousand (7.92%) as to compare with the figure employment status in August 2015, where 48.5 million people (42.24%) work in the formal sector, while 66.3 million (57.75%) are engaged in the informal sector, the BPS stated.
 

[October]

Poll: Indonesian Young Generation and its Life Orientation 2015. The poll was held by a national circulation newspaper on 23-24 October 2015 in response to the National Youth Oath Day or called as Hari Sumpah Pemuda 28 October. The Oath are to three  major for the fight for unity for Indonesia unity of land, Indonesian nationality and Bahasa Indonesia language. The 593 respondents are from 12 big cities in Indonesia with error sampling margin at 4,4%. The poll shows that the greater concern these days for Indonesian youth are being less care towards national problem (61,5%), with only 32,7% says it is stronger and abstain 5,8%. The next question are f contribution to their own millieu where responses are yes they exist and remain give contribution (55,6%), no do not exist 41,5% and 2;9% abstain. As being asked for current young generation life orientation, respondents of age 17 to 30 answered mostly are in view that youth' attitude are self-centered 69,8%, some remain a social-attitude 27,8% and abstain 2;4% as to compare with those respondents at age of more than 30 years says 64,9% / 30% / 5,1% respectively. In the area of politic struggle, the youth contribution is seen less and insufficient by 54,5% against 37,9% for sufficient, where the struggle figure for sports is 42,5% / 53%, struggle for Pancasila implementation is 67,3% / 27,5%, fight for law upholding is 64,9% / 28,3% and less contribution to strengthening Indonesia unity figure is 56,7% / 36,3%. Finally the poll founds that positive figure in youth from year to year reach its peak in 2011 with 53,2%, went down the following year 2012 (37%), increased in 2013 (48,1%) and 2015 figure is 46,4%.

Supreme Court Ruling on Internet alocation corrupted fee. The ruling are both to reject Administrative Court appeal and to accept the High Court ruling on the controversial case since 2013 on the bandwidth illegal use by a subsidiary company of a state owned enterprise Indosat - a public service company. The initial court proceeding was at the Anti  Corruption Court - TIPIKOR in 2013 in response to Indonesian state Auditor - BPK' finding of state loss of Rp 1,3 trillion caused by PT IM2 for not paying fee to the government for selling cellular 3G connection at 2,1Ghz internet interconnection infrastructure being owned by the government. This legal basis and facts lead to corruption scheme in spite of a tricky business to avoid from paying fee. PT IM2 is a subsidiary company of Indosat - a state enterprise where majority shares are owned by the government of Indonesia, where according to the regulation Indosat as a public service company must pay interconnection fee they have sold since its operation in year 2006. Albeit a firm understanding of the above regulation, Indosat set up the PT IM2 as a  subsidiary internet connection company to sell bandwidth to public with a scheme which unfortunately disguised the fee until the BPK found the said scheme to cause state losses. The IM2 argued such business scheme is very common in internet businesses and do not violate any regulation as recommended by the Indonesian Minister of Telecommunication. However, the Anti Corruption Court denied these argumentations, confirmed by the High Court and Supreme Court then sentenced PT IM2' President Director imprisonment for 8 year including to return through PT IM2 to pay the loss Rp 1,3 trillion (equal to USD 1 million) altogether at once to the State Account. PT IM2 previously also attempted to file a case to the State Administration Court on a basis of the said Minister of Communication approval and  recommendation, but found no success at all. The paramount rule taken by the Indonesian Supreme Court might turn up upside down all the same business in internet and may put the internet company into corruption accusation, which statistically there are 16 associations who now are in great awareness.


[September]

Review of SNMPTN Candidate Student Recruitment to State Universities. The Indonesian Minister of Technology and Higher Education has its release on its plan to review the mechanism and portion of candidate students to state universities trough recruitment model called as SNMPTN. SNMPTN is a model of national recruitment without national exam test but based on the self report and trust of candidate students’ 3 years high school academic performance, art and sport achievement high school report to enter prestigious state universities all over Indonesia. This platform model relies to only to the 3 major achievement, submitted by the school director to the ministry of education to be accepted and secure 60% of the total available seats the state universities, recruited 3 months earlier than SBMPTN in July each respective year. SNMPTN differs from SBMPTN - a model of collective recruitment through set of highly competitive national recruitment on a computer–based individual writing test. However this SNMPTN recruitment model in fact found its downside when the said recruited during their university year performance are very low, far from expected. The minister suspects the school report are dishonest, not transparent and bribe-prone. These findings are submitted by state universities chancellors where its findings are surprisingly a wide gap of academic performance, where the SNMPTN are very low in contrast to those students recruited through SBMPTN model. The minister warned this dishonest practices may lead to sanctions. Indonesian State  Universities remain the most wanted for Indonesian high school graduates to continue their higher studies due to state universities excellent facilities, good teaching, academic performance and good job market.

20 Companies Suspect for Forest burning. The Indonesian Minister of Forestry and Environment released the initial investigation by the Indonesian police in respect to the haze extremely hazardous to health spreading from Kalimantan (Borneo) and Sumatera caused by land and forest  burning. The haze and 8,000 fire spots at the provinces of Riau, South Sumatera and West Kalimantan had reached Singapore and Malaysia which unfortunately are caused by either Indonesian but also Singapore and Malaysian coal and palm plantations companies in Indonesia. The minister will take immediate sanctions from freezing of business license or revocation, fines to criminal punishment. The 20 initial identified companies are  1. PT WAJ di OKI; 2. PT KY; 3 PT. PSM; 4. PT RHM; 5. PT PH; 6. PT GS; 7. PT RED; 8. PT MHP; 9. PT PN; 10. PT TJ; 11. PT AAM; 12. PT MHP; 13. PT MHP (berbeda tempat); 14. PT SAP; 15. PT WMAI; 16. PT TPR; 17. PT SPM; 18. PT GAL; 19. PT SBN; dan 20. PT MSA. The companies claimed that burning is the most economical method in land clearing , regardless the health impact to the people living in the areas. After the sanctions, the said proven companies and its persons in the management will be in the blacklist to comply to the Indonesian Environment Law and Company Law.

[August]

Financial Service Alternative Dispute Settlement Institution - LAPS to be in operation 2016. The Lembaga Alternatif Penyelesaian Sengketa or LAPS service will be effective on 1 January 2016 to serve as an alternative dispute settlement mechanism in financial services according to Mr. Agus Sugiarto of the Ministry of Finance of the Financial Service Authority - Otoritas Jasa Keuangan - OJK. The LAPS currently is only available for banking and capital market, where the other 4 services such as insurance will come effective on that date as part of public financial literacy and awareness. Agus further claimed that OJK received thousands of complains toward many financial industries, and as a result the OJK institute these claim settlement body into LAPS. The LAPS will be self-established by each financial industry concerned while the OJK will stand as regulator and will keep watching the procedures. The LAPS will also reduce court and tribunal cases of consumer’ protection rights under the Consumer Protection Law 1999 so as to bring the claim internally. LAPS will take role as an alternative to other settlement such as arbitration and commercial court with known characteristic of a long, detailed, and costly, while LAPS is more convenient, cheap and fast.

Indonesian Supreme Court to Establish Small Claim Tribunal. This proposed tribunal is a model already adopted in Australia, Canada, Ireland, England and other countries. The tribunal will handle small claims with lesser court procedures, cheap and shorter period of settlement time. This is to respond a number of civil claims at the court who took a long procedure and costly, such as a recent case where an airplane passenger lost her bag and just won the case after 3 years in civil court.

National Cyber Board to be Established. The Badan Cyber Nasional – BCN soon to be established as a coordination forum to response cyber threat. This CBN as a multi stake holder will take firther stage of Cyber Desk under the Ministry of Politics¸Law and Security. This Cyber Desk was established in early 2014 consist of practitioners, academics, lawyers, and military has serve a number of complains of cyber attacks.

[July]

Urgency to a Limited Revision of the Indonesian Internet Law 11 year 2008. The revision is in urgency to avoid from wide interpretation by the law enforcer namely the police in handling argument over the internet by persons, particularly articherle 27 paragraph 3. This article is in conjuction to the Indonesia Criminal Code, where the law enforcers are much in favor to penalize and criminalize report of an unsettled argument over the internet by netizens, especially to those public servants as one part who feel being disgraced in public. The law enforcer then treated the report as a personal disgrace that lead to crime, while article 27 paragraph are in the contrary side of the meaning. Statistically this in fact occurred since its inception 7 years ago with 74 criminal cases and in 2014 only there are 39 cases, composing 53% out of the total 74 case only. It means there are 4 cases monthly, where 92% are on attack of personal good faith with 37% reported by public servants mostly on the unveiling of improper public services. The Ministry of communications said there is a need of an extra and prudent treatment towards article 27 paragraph 3, instead of a short cut to apply criminal code. In lieu to that the Supreme Court has its release of jurisprudence where a critic of public service and unveiling for public purposes shall not be treated as an attack but merely a social control and internal self control through Supreme Court Decision number MA 412K/PID/2010 and MA 519 K/PID/2011.

[June 2015]

     June 2015. State Universities to Comply 20% quota for Government -Bidikmisi- Programm. Minister of Technology and Higher Education M. Nasir warned all Indonesian state universities to comply with the government regulation to allow 20% of their annual university student seats for the government program called Bidikmisi. Breach of the said 20% quota may cause sanctions from the ministry. Bidikmisi is a government public fellowship program for intelligent and/or talented student but with poor parents all over Indonesia to study at any state universities through national recruitment (SNMPTN) or cooperative recruitment held independently. The minister also warned state universities directors and management to adopt a proper evaluation of student' parents economic background in determining tuitions. State universities in Indonesia has the highest reputation for its tight recruitment, excellent education facilities, and best job market. The competition rate ranges from 1:40 to 1:85, depends on the most wanted faculties or universities.

     June 2015. KPK findings on Potential Corruption over Strategic Food Importation. The said research released by KPK point out on particular cow importation in quota determination, including other strategic foods import with identification import embezzlement, fictious import, procedural disfunction, and pricing mark. These all are based on the community and commerce stakeholder complain received by KPK. KPK also points on commercial management policy being prone to intervention and hence taken benefits by some groups and as a result these bad practice do not meet the ideal management food for the people, including protection of the domestic breeders in cow importation. Other findings include the market game by some player through holding foods in their group stock to create market scarcity, which then caseu the government being compelled  to release temporary unfair and unregulated importation of the same food. In the end, it increased profits to the said particular group. KPK indicated these happened to 5 commodities namely cow, meat, rice, corn and sugar with 11 weak points need to be re-regulated where extra state power is required to find its complete long term solution including tight monitoring at the central and local government level. The KPK research also recommend to decrease the gap between import management level to factual implementation on site to see the big differences.

[May 2015]

     May 2015. Indonesia to Manufacturing Basis for Tyhpoon Jet Fighter. The Typhoon Generation 4.5 Series is a portege jetfighter of a number of European Countries and Middle East Countries with current manufacturing basis in England, German, Italy and Spain. Indonesia is planned to be the 5th manufacturer, the first outside Europe continent. The Eurofighter is a manufacturing company with company affiliation with Airbus, a major civil aircraft manufacturer in the world. The above four existing countries being involved in the manufacturing major jetfighter component are facilitated with assembling lines and final works. Indonesia is planned to provide the assembling lines by PT Dirgantara Indonesia, the first aircraft manufacturer in SouthEastAsia in late 1970. The requirement of such facilities in Indonesia may be initialized by the purchase of the said Typhoons by the Indonesian government, followed by Eurofighter to begin the technology transfer through PT Dirgantara Indonesia, who has the reputation of years back has been involved in the design, engineering and manufacturing of civil commercial aircraft prestigious Airbus 380 line. These Indonesian engineers will further get trained in Spain prior to the manufacturing of the Typhoon.

     May 2015. US Chamber of Commerce Objection over 40% Local Content Regulation. The American Chambers of Commerce (AmCham)  wrote to the Indonesia Minister of Technology and Higher Education for its objection to new regulation to apply 40% local content for cell phone manufacturing to be sell in Indonesia. AmCham wrote its concern that the regulation may cause particular effect in Indonesia due to the limitation access towards new technologies, then these may increase prices, triggered black market and other consequences as a result. The major concern is Indonesia lack of supply chain to manufacture such high-end cell phone. However Indonesian Minister Rudiantara insist on the regulation that will become effective January 2017 at any cost, with December 2016 is set as a limit of direct selling of cell phones made outside Indonesia. Indonesia has long been a basis for high technology manufacturing of famous IT brand from Japan, South Korea, China internationally a number of well known domestic IT manufacturer, not to mention the capacity to manufacture airplanes, satellite and communications.

[April 2015]

Indonesian DVI: the best in the world. Following the civil air craft crash of air asia QZ 8501, the performance of the Indonesian Team of Disaster Victim Identification - DVI raised high appreciations from many international institutions, including the Interpol. The Interpol appreciates breakthroughs being taken by the Indonesian DVI team, which Indonesian team' performance is beyond overall standard performance of other country' DVI  team in the disaster area. The interpol and other international institutions sees the Indonesian DVI team conduct all the international DVI standard correctly, where it is also provided with  enormous supply of  high precision of information within the area of the crash on the sea, and also creative breakthrough in many situation with limited capacity available on site. Mr. Budiono, the chief of the team said, he also creates a Crisis Center, Health Center and Family Assistance Centre, three new creation not within the international DVI's standard has proven its effectiveness in work collaboration with the team on-site. Involvement with the universities and local government support is another model supporting the works. Ante Mortem desk is seen an effective communication bridging the team and the family of the wound in the airplane crash. The Ante Mortem desk provides psychological services provided by a team from universities and practitioners, to heal the family of the vistims gathered around the scene.

[March 2015]

Poll: Ideal Sentences for Corruptors. The poll was held by a national circulation paper in Indonesia on 18 to 20 March 2015 with 736 respondents over 17 years at 12 big major cities in Indonesia. The poll emphasize more on current issue, namely of the controversial remission of sentences being proposed by the Indonesian Minister of Justice and Human Rights which 70% respondents are in disagreement (against 26.9%) as public understanding remain that corruption is an extraordinary crime whatsoever. Public are also become less tolerable and agree in a greater punishment towards corruptors, as shown in three different polls on 'Ideal Punishment' in December 2013, December 2014, and finally March 2015, where death sentence figure is at 20,9%-25,6%-22,7%, respectively. Other public expectation for sentences figure for the same above period are the idea of 'Imprisonment and improsperness' toward corruptors  (42.8%-45.4%-45.2%) and 'Lifetime lmprisonment' (23.3%- 22.0%-25,1%). The Poll also unveil public' satisfactory over court sentences where 89.6% are in the view the court still give no proper impunity senses, as to compare to those in contrary 7.7%. Performances of institutions responsible for corruption sentences are spread into satisfactory/unsatisfactory, namely KPK (49.3%/46,9%), Police (25,4%/70,4%), General Attorney Office (22,2%/74,0%), and finally Ministry of Justice (21,1%/73,9%). The same level of public satisfactory/ unsatisfactory are also drawn to court ruling of sentences towards corruptors at the Executive (24.5% /73.4%) , Member of Parliament (20.5%/76,8%), Lawman (21.3%/74,9%) and Private Persons (28.9%/63,3%. In relation to the latter, public is also in view that most corruption sentences cases are way too low (77,6%), with perception low is 1 to 4 years imprisonment, medium is 4-10 years, and (0,84%) represent high Sentence of 10 years imprisonment up to lifetime. Finally, public remain see KPK as the only hope of barrier for anti corruption extermination, KPK experience a decrease of appreciation following high tension turmoil Issue lately, from 49,2% to 46.9%. However, public become more aware and have better comprehension in corruption as an extraordinary crime, that evidence and proof of corruption are very hard to do and finally that corruption create a massive and negative impact towards public.

Indonesian National Disaster Management, the best in the world. The release by the Indonesian vice president is proven from the result of the works of the Indonesian BNPT _ Badan Nasional Penanggulangan Bencana recently such as disaster management during three major natural disaster tsunami in Aceh 2004, eruption of Mount Merapi in Jogjakarta 2006 and earthquake in Padang West Sumatera 2009, including the search and rescue of the AirAsia QZ 8501 crash in 2015.

[February 2015]

Indonesian KPI received 1,805 community complains: 2014 Report. KPI Komisi Penyiaran Indonesia – the Indonesia Broadcasting Commission Report 2014 release, that complains are being made available of the KPI covers 8517 emails, 2379 text messages, 1649 twitter text messages, 1186 facebook comments and, finally 74 phone calls. In spite of complaints, KPI also received 1457 appreciations of TV programs broadcasted. TV Programs from private TV Stations most critizised is ‘YKS’ - live entertainment show with 4098 complaints, followed by ‘Khazanah’ - religious feature (1441), ‘Cahaya Hati’ - religious feature (525), ‘Pesbuker’ - entertainment live show (279) and ‘Seputar Indonesia’ - news (227). As a result, the KPI has warned the above TV Stations being responsible through warning, reminder, time reduction of the above TV program, and temporary or permanent TV program. Trans TV Station is on top for the sanctions with 26 sanctions, followed by RCTI (25), SCTV (25), ANTV (18), MNCTV (15). All are private owned TV stations. However, figures for complains are much higher than sanctions after a thorough investigation by KPI. Trans TV receive 4.936 complains, followed by SCTV (2.127), RCTI (2.033), Trans 7 (1.933) and ANTV (1.490). TV program being suspended are more on the violations covers from ‘breach of broadcasting ethics’, such as defamation, improper gesture, vulgar and coarse language. The Indonesia KPI also remain and has established cooperation with a number of strategic institution partners in determining the value and ethics of various of the above TV programs, such as MUI Majelis Ulama Indonesia - Indonesia Ulama Board, KPU Komisi Pemilihan Umum – the Indonesian General Election Body, Press institution, BNPP, the Menkopolkam – the Coordinating Minister of Law and Security and Politics, DPR - the Indonesian Parliament, and Menkominfo – the Indonesian Ministry of Information and Communication.

Revoked: the Law of Water Natural Resources. The Mahkamah Konstitusi - MK - the Indonesian Constitution Court in early February 2015 revoked the Law No. 7/2004, and as result the previous law on Water Distribution year 1974 is back in force. The MK in its decision has considered that water deployment must be in a very limited manner for the benefit of a sustainable environment for life and therefore, the management must be under full responsibility and sole discretion of the state. MK further emphasized limitation for foreign state or entity in the water management, which can only be granted subject to prerequisite the fulfillment of domestic needs. The motion of the annulment was submitted by community organization Muhammadiyah, the largest moderate Moslem  community organization in Indonesia.

Mental Revolution Budget, Allocated. The budget if Rp 149 billion (equal to USD 130 million) has been approved by the government to fill in the social slot with target to change people’ mindset into a positive one. The program being held at the National Development Plan chaired by Minster Andrinof Chaniago told the program aim at law obedience, positive mindset, combat laziness, and all other mindset need to be changed in order for a progress development.

[January 2015]

Anti Torture Bill under consideration. The release by the Indonesian Institute for Criminal Justice reported that, along the year 2014 remain a dark year for tortures with 36 recorded cases, 6 were dead as a result. The agent responsible for 33 cases is the Indonesian police. The figure of 2,200 reports of torture by public shows an extreme figure of torture, with North Sumatera province on top with 6 cases, followed by west Sumatera then Jakarta. The torture by the Indonesian police mostly happened at the police station during investigation to be summed for a release of investigation report thereof. The Indonesian government soon will ratify the Optional Protocol on the Convention Against Torture.

2014: Supreme Court 18.926 cases, Constitution Court 1.044 cases. The release at the Media Center by Hatta Ali , the Chairman of the Mahkamah Agung Indonesia - Supreme Court, the highest court under the Indonesian legal system, shows that the MA reach its highest historical performance in 2014 ruling 14.415 cases, with leaving only 4.015 cases yet. The 2014 cases reaches 12,511 cases, plus 6,415 of the 2013 cases left, a very significant performance ever in the MA history. The above figure also explain 26,62% (of total 6,415) in year 2013 cases has been reduced and are still under judges portfolio to be soon settled. As a result, 2014 cases at the MA leaves only small cases to be settled the following year 2015, the lowest in the history of MA in the last decade. It was noted in early 2014, that MA was loaded with 20,000 cases since 2004. ‎In spite of its achievement, the MA Secretariat was also awarded for its achievement for creating basis for new regulation by the Ministry of Law and Human Rights' under the 'National Legal Documentation and Network Center' for MA' great works to develop and to maintain MA internal Legal Information Network. In tax area, MA also obtained a tax status as 'Normal Without Exception' for year 2013 from the Badan Pemeriksa Keuangan BPK - State Financial Investigation Body, where BPK perceive the MA has reach its qualification of highest accountancy standar and government financial report. Financially, the MA also prudnetially reach 97,15% of the current year budget spend for its annual activities. Another MA' achievement is also for services, where Religion (Islamic) Court‎ of Stabat in Sumatera awarded the ISO certificate 9001:2008 as a symbol for best court services, with international standard. The MA successfully establish, maintain and updated informational system at 350 courts all over Indonesia at 3 levels, being implemented with excellent synergy vertically and horizontally in structure. While MK - Constitution Court in 2014 handled 1044 cases with classification of 140 cases on bills material examination, 903 cases on elections and 1 case on dispute over state authority.

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