Weekly Update Human Rights in Indonesia – 03-11-2014 Impunity

Weekly Update Human Rights in Indonesia – 03-11-2014

Still searching for a prosecutor Impunity Kompas, 03-11-2014

New evidence in Talangsari and Munir case? As of 3 November no prosecutor has yet been appointed. Wahyudi Djafar from human rights organisation ELSAM states that so many human rights issues have KontraS public statement, 29-10-2014 got stuck in the Attorney General’s Office (AGO), that it will require a non- political appointment – with advice from the Komnas HAM – to clean it up. KontraS demands that the National Human Rights Commission (Komnas HAM) and the Prosecutor General (Kejaksaan Agung) call in AM Hendropriyono as soon as possible to give his testimony on the incident of Talangsari [1989] and the The Herb Feith Annual Memorial Lecture 2014 murder of Munir [2004]. By Sidney Jones; Inside Indonesia, November 2014

Retired general and former head of the Intelligence BIN, Hendropriyono, has Three conflicts which the Indonesian government has tried to solve offer some stated in an interview with American journalist Allan Nairn, that he as head of BIN sobering lessons for the country’s next president. A peace agreement in Aceh might be responsible for the murder of Munir. Hendropriyono said that he had stopped an insurgency but the former rebels proved to be bad political leaders. cooperated with CIA agents, his BIN counterparts from the US. Hendropriyono An agreement in Poso stopped Christian-Muslim fighting but left an extremist also said that he was ready to stand trial in a Human Rights Court. “If such a court network in place which continues to operate. A new policy unit was set up for is established for my trial, I am prepared,” he said. With regard to the Talangsari Papua that failed by concentrating only on economic development, while initial incident, he stated that the victims had committed suicide, and that they had not steps toward dialogue with Jakarta seem stalled. In August 2014 at Monash been killed by the army. These statements were published on Nairns private blog: University, Sidney Jones examined the reasons for these outcomes and what a www.allannairn.org new government might try going forward in the Herb Feith Memorial Lecture.

KontraS notes that the Komnas HAM has already investigated the Talangsari For the edited transcript of the lecture, Melbourne, 20 August 2014 by Sidney incident, and that there was no such thing as suicide. The Komite Smalam, LBH Jones see: Lampung and KontraS have gathered enough testimonies on the case. It should be investigated as a crime against humanity by the army, more specifically by the http://www.insideindonesia.org/current-edition/lessons-learned-from-indonesia- Black Garuda Unit that was directly under the command of Hendropriyono. s-conflicts-aceh-poso-and-papua

This Amnesty International Netherlands clipping service is made for Amnesty members and others interested in the human rights developments in Indonesia – for information only – not to be quoted as Amnesty information. For more information or to be included in or deleted from the mailing list, write to [email protected]. For back issues view http://www.marthameijer.org/page36.php

Weekly Update Human Rights in Indonesia – 03-11-2014

Political developments internal leaders be implemented in the parliamentary fractions whereas the (Red-and-White) DPR chairman Setya Novanto (Golkar) does not acknowledge this change. Therefore there are now two fractions of the PPP. Novanto stressed Parliament deeply divided that the whole process of division of positions complies with the DPR regulations. Kompas, 30-10-2014 Also within Golkar tensions rise. A group of Golkar Party politicians vying for the The Dewan Perwakilan Rakyat or DPR is already deeply divided over the party’s top job have warned their incumbent chairman Aburizal Bakrie against distribution of leadership positions among the political parties. The oppositional abusing his authority to stay in power. parties that have supported the presidential candidate Prabowo Subianto have a In a joint statement made on Thursday, the seven politicians — lawmakers majority in DPR seats, and elect their partners in the positions of chairs and vice- Airlangga Hartarto, Agus Gumiwang Kartasasmita and Zainudin Amali, Golkar chairs of the parliamentary commissions. This division will become a real obstacle deputy chairman Agung Laksono, party executive Hajriyanto Thohari, former in the executive of the elected president Joko Widodo, so that ultimately the industry minister MS Hidayat and former lawmaker Priyo Budi Santoso — called people will be the victim of political powerplay. Yesterday (29/10) all except two on the party’s central executive board to organize an “honest, transparent and commissions had their leadership, all from the political parties Gerindra, Golkar, accountable”, selection process for the party’s new chairman. Demokrat, Partai Amanat Nasional, and Partai Keadilan Sejahtera. The political parties that support Jokowi, Partai Demokrasi Indonesia Perjuangan, Partai The joint statement was made after allegations were aired that several regional Kebangkitan Bangsa, Nasdem, Hanura, and PPP boycott the distribution of heads of the Golkar Party had become subject to intimidation ahead of the leadership positions. national congress. (The Jakarta Post, 31-10-2014) The PDI-P has together with its coalition partners announced that a rival leadership team of the DPR is elected consisting only of the coalition members. Jokowi responds to “Shadow Parliament” Kompas speaks in terms of “DPR tandingan”: competing parliaments. The Jakarta The Jakarta Globe, 31-10-2014 Post says it is “a mutiny in the House”. President Joko Widodo has expressed disappointment over his five-party Additional to this division between the two coalitions supporting the earlier coalition’s bid to appoint its own speaker and deputy speakers of the House of presidential contestors (the Read-and White Coalition of Prabowo and the Representatives after it was shut out from the key posts by the majority Wonderful Indonesia Coalition of Jokowi), also within political parties problems opposition. arise. The PPP (Partai Pembangunan Persatuan) demanded that a change in their

Weekly Update Human Rights in Indonesia – 03-11-2014

“It would be much better for everyone to unite,” the president said at the State The existence of a “shadow House” has also been played down by Jimly Palace in Central Jakarta on Friday. “We need to maintain unity to set an example Asshiddiqie, a former chief justice of the Constitutional Court (MK). “There’s only for the people.” one [House leadership] that’s legitimate,” he said as quoted by Tempo.co, writing off the the minority’s protest as an angry reaction to being denied all leadership The Awesome Indonesia Coalition, or Koalisi Indonesia Hebat (KIH), which posts in the House. supports Joko, holds 44 percent of seats in the House. That minority held its own version of a plenary session on Friday to pick a speaker and four deputies in a Refly Harun, a state administrative law expert, also pointed out that the minority move it said was meant to reflect their lack of confidence in a House dominated “speaker” and deputies would never be recognized as legitimate. “Even if they by the Red-White Coalition, or KMP. were to be sworn in by the Supreme Court it would still be [ethically] wrong,” he told Tempo. The KIH’s bid to challenge the House’s speakership, led by Joko’s Indonesian Democratic Party of Struggle, or PDI-P, has been widely panned not only by the Religious Affairs Minister Lukman Hakim Saifuddin from the KIH’s United opposition, but also by political observers and officials from several of the parties Development Party (PPP) said he felt assured the heated situation would “blow involved. over in two or three days’ time.” “I put my trust in our friends in the House” to get past the issue, he said. Analysts have labeled the minority’s effort to name shadow speakers futile, pointing out that the coalition’s failure to secure chairmanships of the 11 House Agus Hermanto, an officially-elected House deputy speaker, said he was commissions last Monday was its own fault, since the coalition’s members had convinced the president would only acknowledge Setya Novanto as House chosen to walk out of the vote. speaker. “There’s no basis for this shadow House leadership; no legal legitimacy,” he said. Fellow House deputy speaker Fadli Zon, said the minority’s move was not “The way I see it, both coalitions are being unprofessional,” Zainal Arifin Mochtar, only illegal, but unconstitutional, and accused the coalition of “clowning around.” an expert in state administrative law at Yogyakarta’s Gadjah Mada University, said. “Both are prioritizing positions, power and their own interests over those of “We don’t really care what they do. We are going to remain solid,” he said. “Their the people and the country.” Rather than appoint its own unsanctioned speakers, meeting today [Friday] was illegal. It never happened. They were just clowning Zainal added, the minority should have taken alternative measures to redress the around. They violated [the House’s code of ethics], and for that we will take them imbalance of power in the House, including pushing for a change to the House’s to the House Ethics Council.” protocols for choosing its leaders, or submitting amendments to the law on legislatures.

Weekly Update Human Rights in Indonesia – 03-11-2014

During the controversial meeting on Friday, the minority named PDI-P’s Effendy Another key move would be to eliminate the fuel subsidies that have strained Simbolon as its shadow House speaker, while the posts of “deputy speakers” Indonesia’s annual budget and slowed economic and infrastructure growth. were given to Ida Fauziyah of the National Awakening Party (PKB); Syaifulah Vermonte also advised Joko to use Vice President Jusuf Kalla as a mediator. As a Tamliha of the PPP; Supriadi of the National Democrat Party (NasDem); and [former] senior Golkar politician, Kalla has been seen as siding with the Red- Dossy Iskandar of the People’s Conscience Party (Hanura). White majority in the matter. The vice president, “can connect the opposing parties,” Vermonte said. “We should worry about PDI-P’s [lack] of political skills,” Hanta Yudha, executive director of the Poll Tracking Institute, said he agreed with he said. “PDI-P needs to be more pro-active now that it is a ruling party and not the president’s decision not to condone his coalition’s actions. the opposition.” “President Joko was right to ask for unity,” Hanta said. “If these circumstances continue, [the Indonesian] people will ultimately feel the burden, because at a Indonesian Defense Chief May Smooth Path for Army certain point, Joko will need the House to carry out its legislative functions.” Novice Jokowi

The first step toward defusing the situation, according to Hanta, would be for The Jakarta Globe, 31-10-2014 both camps to restrain their ambitions. “The Red-White Coalition should realize Former Suharto-era general Ryamizard Ryacudu, tapped by Indonesian President that … they can’t just dominate [the legislature] like that. It [the power] has to Joko Widodo for defense minister, could become a conduit to the powerful remain proportional,” he said. “On the other hand … the creation of a shadow armed forces for the country’s first leader to rise from outside the aristocracy or [House] wouldn’t help in solving the chaos in the parliament either.” the military. Ryamizard, who spearheaded anti-separatist crackdowns in his time University of Indonesia political analyst Arbi Sanit called on the president to as army chief of staff in the early 2000s, said he’s waiting for instructions from actively intervene by summoning all the party leaders involved to a meeting and Joko for defending an archipelago that would stretch from New York to Alaska. put an end to their squabbles. “As head of this country, Joko has the right to “Wait, let me learn first,” Ryamizard told reporters Oct. 26. “I don’t want to speak intervene in the situation in the House, which had already reached a climax. presumptuously. I’m awaiting the president’s roadmap.” These lawmakers’ action could truly threaten the nation,” Arbi said. Joko, known as Jokowi, is a former furniture dealer who entered politics in 2005 Ultimately, Joko’s priority programs will be at stake if the dispute is not put to and had little experience in security policy in his time as a mid-city mayor and rest, according to Phillip Vermonte, head of the politics and international then governor of Jakarta. His selection of Ryamizard, 64, could smooth ties with relations department at the Center for Strategic and International Studies (CSIS). the armed forces, though it has raised concerns among rights groups and

Weekly Update Human Rights in Indonesia – 03-11-2014 questions about his capacity to modernize a military that for most of Indonesia’s The lone minister to survive the cut in President Joko Widodo’s cabinet from the history has been focused on internal threats. previous administration has unveiled plans to draft a bill that would afford unprecedented protection to religious minority groups, continuing where he left “Ryamizard gives Jokowi a defense minister who is well liked within his own off in his battle against rising religious intolerance. military,” said Ken Conboy, country manager at RMA Indonesia, a Jakarta-based risk management firm. “Ryamizard was a soldier’s soldier, but never really known “Over the next six months, we will work on this bill to protect all religious groups, as a diplomat. So there is perhaps some risk to Jokowi that Ryamizard will be including those outside the six main religions of Islam, Catholicism, prone to making politically inappropriate statements.” Protestantism, Hinduism, Buddhism and Confucianism,” Lukman Hakim Saifuddin, the minister for religious affairs, said at a press conference in Jakarta Ryamizard rose through the ranks during the rule of dictator Suharto in the 1990s on Wednesday. “The bill will protect everyone’s religious rights, especially the and has defended soldiers convicted of killing a Papuan independence leader as rights guaranteed by the Constitution,” he said. “First, the right to believe in “heroes” and said rights groups “contribute nothing to this country.” The son of a whatever they choose to put their faith in. There should be a guarantee that regional army commander, he has ties to former President Megawati everyone is free to choose their own religion or belief. Second, the independence Soekarnoputri, the daughter of founding President Sukarno and now leader of for anyone to practice their belief.” He added he hoped that “the bill can improve Jokowi’s Indonesian Democratic Party of Struggle, or PDI-P. the quality of life.”

Public support Lukman was inaugurated in June, in the twilight of the Susilo Bambang Yudhoyono administration, following the naming of the previous minister, Kompas (03-11-2014) has carried out a poll on the support for Jokowi’s cabinet: Suryadharma Ali, as a graft suspect. He has shown a more conciliatory stance around 70 % of the population supports the choice of ministers and trusts that than his predecessors on engaging with minority religious groups, including Shiite they will be able to implement Jokowi’s ideas. and Ahmadi Muslims — with whom he held breaking of the fast during Ramadan. Suryadharma, by contrast, was known for his hostility toward these groups, Freedom of Religion including a public call for the Ahmadis to recant their “heretical” beliefs.

Lukman said the new bill would target the closures and attacks on churches and Religious Affairs Minister Lukman on in Freedom Shiite and Ahmadiyah mosques, one of the most egregious symptoms of the The Jakarta Globe, 31-10-2014 quasi-institutional discrimination of religious minorities stemming from the near- impossible administrative requirements laid out in a 2006 joint decree from the

Weekly Update Human Rights in Indonesia – 03-11-2014

Religious Affairs Ministry and Home Affairs Ministry for congregations of any faith Lukman also promised to address the long-running issue of Shiite and Ahmadi seeking a permit to build a house of worship. “The bill will have many communities being driven from their homes by mobs of Sunni Muslims — often implications, including in terms of the permit to build places of worship,” the with the support of the local police. “It’s a complex problem,” he conceded. “It minister said. “There should be a clearer and stronger regulation for this issue. Of involves things related to officials such as the police, issues with local course we need suggestions from the public so we can accommodate their needs governments, problems within the local community, and admittedly, problems and interests.” related to religious beliefs. “Steps taken should be integrated and not partial. We’re working on it. Now we’re communicating intensively with local One of the requirements stipulated in the joint decree is for applicants to get the governments where refugees [of religious pogroms] are staying. Hopefully we signed approval for their house of worship from the heads of 60 neighboring can come up with the solutions,” Lukman said. households of a different faith. In Muslim majority Indonesia, Christian, Shiite and Ahmadi applicants have almost invariably failed to get the required number, He added that his ministry would also work with local Islamic clerics — who are while a few cases have been reported in parts of eastern Indonesia, which has a often instrumental in inciting hostilities against minority groups — to get them to large Christian population, of Muslims not being allowed to build mosques. embrace religious tolerance. “We’ll hold interfaith forums for religious teachers to make sure that everyone has the same standing,” he said. “Even though we have different beliefs, all religions teach the same lesson of promoting humanity — making humans human.”

Editorial: Lukman and Jokowi — A Force for Change By Jakarta Globe on 12:50 am Oct 31, 2014

President Joko Widodo’s decision to retain Lukman Hakim Saifuddin as minister of religious affairs may have been a concession to the minister’s party, as some have argued, but it appears to be paying off in a big way for the people. Lukman has taken the unprecedented step of starting work on legislation that will afford greater protections for minority religious groups — including the Shiite and Ahmadiyyah Islamic groups, who have for years come under increasing persecution from Sunni Muslim hard-liners and local government officials.

Weekly Update Human Rights in Indonesia – 03-11-2014

Lukman has only been in office since June, when he took over from his The Attorney General’s Office has returned a case file against the publishers of corruption-tainted party chairman Suryadharma Ali, but has proved to be more the notorious Obor Rakyat newspaper to the police, citing a lack of evidence to embracing of religious diversity than his predecessor ever was. secure a conviction in a defamation complaint brought by President Joko Widodo’s election campaign team. Already he has expressed a willingness to grant the Baha’i faith official recognition, and in Ramadan he sat down with Ahmadis and Shiites to break the “The prosecutor received it last week and returned it back to the National Police fast — something that Suryadharma, with his denouncement of the Ahmadis’ because it was lacking some material requirements, including testimony from “heresy,” would never have deigned to do. media experts,” Tony Spontana, the spokesman of the Attorney General’s Office, told the state-run Antara news agency on Thursday. Police will have to gather In purely practical terms, Lukman’s proposed legislation would try to undo the more evidence and re-file to the AGO if the case is to proceed to trial. damage done by a joint religious and home affairs ministerial decree on building houses of worship, which hard-liners have consistently cited to justify their The editor-in-chief of the tabloid, Setiyardi Budiono, and news editor Darmawan attacks and opposition to churches and minority mosques being built in their Sepriyossa have been named suspects by police for allegedly publishing neighborhoods. defamatory articles about Joko during the presidential election campaign. Joko’s campaign team filed a complaint in response to the stories — a string of tawdry This is the kind of step that should have been taken a long time ago, so we hack jobs that said Joko was not a true Muslim and was in fact ethnically Chinese. applaud Lukman for finally taking it and doing the right thing. Former president Susilo Bambang Yudhoyono was widely ridiculed for accepting awards in The newspaper was distributed for free around Islamic boarding schools in recognition of Indonesia’s religious tolerance. Perhaps soon President Joko can Central and East Java to shore up support for losing presidential candidate accept such an award — with his head held high, thanks to Lukman’s efforts. Prabowo Subianto.

National Police spokesman Sr. Comr. Agus Rianto said on Thursday that police Freedom of Expression had questioned Joko on Oct. 17 over the case. Investigators then considered the file complete and sent the dossier to the AGO on Oct. 23. AGO Returns ‘Incomplete’ Obor Rakyat Case to Police The Jakarta Globe on 03:39 pm Oct 31, 2014