Gridlock Over Suharto's Legacy in Indonesia (Part I)
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And During the (1998-Reformasi Era (1998—2006)
CHAPTER IV OPPORTUNISTIC SUBALTERN’S NEGOTIATIONS DURING THE NEW ORDER ERA (1974-1998) AND DURING THE (1998-REFORMASI ERA (1998—2006) What happened in West Kalimantan from early 1998 to 2006 was a distorted mirror image of what happened in Jakarta from early 1997 to 2004 (the return of the former government party Golkar, or at least its pro-development/anti-poor policies, to national politics). The old power, conveniently setting up scapegoats and places to hide, returned slowly and inconspicuously to the political theater. On the Indonesian Armed Forces (ABRI, or Angkatan Bersenjata Republik Indonesia) anniversary on 5 October 1999, its Supreme Commander General Wiranto, a protégé of former president Suharto, published a book that outlined the new, formal policy of the Armed Forces (entitled “ABRI Abad XXI: Redefinisi, Reposisi, dan Reaktualisasi Peran ABRI dalam Kehidupan Bangsa” or Indonesian Armed Forces 21st Century: Redefinition, Reposition, and Re-actualization of its Role in the Nation’s Life). Two of the most important changes heralded by the book were first, a new commitment by the Armed Forces (changed from ABRI to TNI, or Tentara Nasional Indonesia, Indonesian National Soldier) to detach itself from politics, political parties and general elections and second, the eradication of some suppressive agencies related to civic rules and liberties1. 1 Despite claims of its demise when the Berlin Wall was dismantled in 1989, the Cold War had always been the most influential factor within the Indonesian Armed Forces’ doctrines. At the “end of the Cold War” in 1989, the Indonesia Armed Forces invoked a doctrine related to the kewaspadaan (a rather paranoid sense of danger) to counter the incoming openness (glastnost) in Eastern Europe. -
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Penerapan Kebijakan Penegakan Hukum Terhadap Kasus-Kasus Hukum Terkait Pemberitaan Pers Di Indonesia PENERAPAN KEBIJAKAN PENEGAKAN HUKUM TERHADAP KASUS-KASUS HUKUM TERKAIT PEMBERITAAN PERS DI INDONESIA Pri Pambudi Teguh1 1Program Studi Fakultas Hukum, Universitas Nasional ([email protected]) Abstract This research is based on the existence of a disagreement on the application of press law and a lack of understanding of law enforcement officials regarding legal cases related to press coverage. This kind of situation must be guarded and extended to other law enforcement officials so that law enforcement efforts do not have to conflict with the will of the people in maintaining and maintaining press freedom that has been guaranteed by the UUD 1945 and its amendments. By using juridical methods of format and approaches to several theories, namely Grand theory, Middle Range Theory and Applied Theory (as Grand Theory uses Materiel Law State Theory, Middle-Range Theory uses Development Law Theory and Applied Theory uses Criminal Law Political Theory supported by Systems Theory. Criminal Justice), this study aims to determine the application of law enforcement policies to legal cases related to press coverage in Indonesia. The conclusions obtained are as follows: 1. Law No. 40 of 1999 concerning the Press is not a lex specialis against the Criminal Code (KUHP), therefore the Criminal Code remains valid in enforcing press offenses, while civil charges resulting from press coverage can use Article 1365 and / or Article 1367 of the Civil Code. 2. Law enforcement policies in the press sector are formulated and implemented in a balanced manner between the need to maintain press freedom based on the 1945 Constitution and legal guarantees of individual rights to press coverage. -
The Politics of Military Reform in Post-Suharto Indonesia: Elite Conflict, Nationalism, and Institutional Resistance
Policy Studies 23 The Politics of Military Reform in Post-Suharto Indonesia: Elite Conflict, Nationalism, and Institutional Resistance Marcus Mietzner East-West Center Washington East-West Center The East-West Center is an internationally recognized education and research organization established by the U.S. Congress in 1960 to strengthen understanding and relations between the United States and the countries of the Asia Pacific. Through its programs of cooperative study, training, seminars, and research, the Center works to promote a stable, peaceful, and prosperous Asia Pacific community in which the United States is a leading and valued partner. Funding for the Center comes from the U.S. government, private foundations, individuals, cor- porations, and a number of Asia Pacific governments. East-West Center Washington Established on September 1, 2001, the primary function of the East- West Center Washington is to further the East-West Center mission and the institutional objective of building a peaceful and prosperous Asia Pacific community through substantive programming activities focused on the theme of conflict reduction, political change in the direction of open, accountable, and participatory politics, and American understanding of and engagement in Asia Pacific affairs. The Politics of Military Reform in Post-Suharto Indonesia: Elite Conflict, Nationalism, and Institutional Resistance Policy Studies 23 ___________ The Politics of Military Reform in Post-Suharto Indonesia: Elite Conflict, Nationalism, and Institutional Resistance _____________________ Marcus Mietzner Copyright © 2006 by the East-West Center Washington The Politics of Military Reform in Post-Suharto Indonesia: Elite Conflict, Nationalism, and Institutional Resistance by Marcus Mietzner ISBN 978-1-932728-45-3 (online version) ISSN 1547-1330 (online version) Online at: www.eastwestcenterwashington.org/publications East-West Center Washington 1819 L Street, NW, Suite 200 Washington, D.C. -
Chinese Big Business in Indonesia Christian Chua
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by ScholarBank@NUS CHINESE BIG BUSINESS IN INDONESIA THE STATE OF CAPITAL CHRISTIAN CHUA NATIONAL UNIVERSITY OF SINGAPORE 2006 CHINESE BIG BUSINESS IN INDONESIA THE STATE OF CAPITAL CHRISTIAN CHUA (M.A., University of Göttingen/Germany) A THESIS SUBMITTED FOR THE DEGREE OF DOCTOR OF PHILOSOPHY DEPARTMENT OF SOCIOLOGY NATIONAL UNIVERSITY OF SINGAPORE 2006 i ACKNOWLEDGEMENTS Throughout the years working on this study, the list of those who ought to be mentioned here grew tremendously. Given the limited space, I apologise that these acknowledgements thus have to remain somewhat incomplete. I trust that those whose names should, but do not, ap- pear here know that I am aware of and grateful for the roles they played for me and for this thesis. However, a few persons cannot remain unstated. Most of all, I owe my deepest thanks to my supervisor Vedi Hadiz. Without him, I would not have begun work on this topic and in- deed, may have even given up along the way. His patience and knowledgeable guidance, as well as his sharp mind and motivation helped me through many crises and phases of despair. I am thankful, as well, for the advice and help of Mary Heidhues, Anthony Reid, Noorman Ab- dullah, and Kelvin Low, who provided invaluable feedback on early drafts. During my fieldwork in Indonesia, I was able to work as a Research Fellow at the Centre for Strategic and International Studies (CSIS) in Jakarta thanks to the kind support of its direc- tor, Hadi Soesastro. -
Social Justice at Bay
Social justice at bay The Dutch role in Jakarta’s coastal defence and land reclamation Colophon Social justice at bay. The Dutch role in Jakarta’s coastal defence and land reclamation project. April 2017 Authors: Maarten Bakker (SOMO), Satoko Kishimoto (TNI), Christa Nooy (Both ENDS) Language editor: Vicky Anning Cover and layout: Margo Vlamings Cover photo: Save the Jakarta Bay Coalition ISBN: 978-94-6207-115-5 This publication is made possible with financial assistance from the Dutch Ministry of Foreign Affairs. The content of this publication is the sole responsibility of the Centre for Research on Multinational Corporations (SOMO), Both ENDS and the Transnational Institute (TNI) and can in no way be taken to reflect the views of the Dutch Ministry of Foreign Affairs. ACKNOWLEDGEMENTS: This report is the result of a research collaboration between SOMO, Both ENDS and TNI. Thanks are due to the following people for their extensive comments and reviews: Ahmad Marthin Hadiwinata (Kesatuan Nelayan Tradisional Indonesia – KNTI), Nila Ardhianie (Amrta Institute), Niels Hazekamp & Giacomo Galli (Both ENDS), Roos van Os (SOMO), Bart Teeuwen (institutional and legal expert for water resources), Bosman Batubara & Michelle Kooy (Department of Integrated Water Systems & Governance, UNESCO-IHE Institute for Water Education) and Santy Kouwagam (Indonesian lawyer and researcher at Van Vollenhoven Institute for Law, Governance and Society). This document is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International license. You may copy and distribute the document, in its entirety or separate full chapters, as long as it is attributed to the authors and the publishing organisations, cites the original source for the publication on their website, and is used for noncommercial, educational, or public policy purposes. -
Indonesia's National Car Project Revisited
INDONESIA’S NATIONAL CAR PROJECT REVISITED The History of Kia-Timor Motors and Its Aftermath Christopher D. Hale Five years have passed since Tommy Suharto launched Indonesia’s Timor national car project, which operated for only one year amid intense controversy before being shut down. Despite its brief life span, the aborted project has had broader implications related to the nature of fu- ture economic growth in Indonesia and the country’s integration into the re- gional economy. Furthermore, the effects of the project experience and its aftermath continue to resonate in the country’s car industry. For all these reasons, it is beneficial to revisit the episode and examine the lessons that have been learned thus far. In this article, I will briefly outline the history of automobile manufactur- ing in Indonesia. I then discuss the 1996 decision to create a national car industry with the help of Korean manufacturer Kia Motors and the possible reasons behind it. This is followed by a discussion of the international trade tensions that the Indonesian government’s protectionist policies fomented, and how those tensions in turn combined with the regional economic crisis as well as problems faced by Kia at home to sink the Timor project. The out- come of these developments left Indonesia’s relations with multilateral trade bodies in a shaky state and also produced lower levels of foreign direct in- vestment (FDI). These factors in turn help to explain why there has been a noticeable rise in the Indonesian government’s reliance on and courting of foreign companies willing to invest. -
Guernsey Border Agency) V Garnet Investments Ltd (2011
The Chief Officer Customs, Excise, Immigration and Nationality Service (Guernsey Border Agency) v Garnet Investments Ltd (2011) HKU Faculty of Law Allan Bell, University of Hong Kong • Proceeds of Crime Conference • 07 October 2011 Guernsey Cross Border Services v Garnet Investments Ltd (Appeal of Judicial Review – 01 August 2011) Objectives -> Implications of the Garnet decision for: • informal restraint of suspected proceeds of crime in Common Law jurisdictions -> offshore financial centres • operational issues -> MLAs with Indonesia • domestic challenges faced by Indonesian Asset Recovery Regime -> Government of Indonesia • Proceeds of Crime Conference • HKU Faculty of Law Guernsey Cross Border Services v Garnet Investments Ltd Guernsey Legal Regime Guernsey Offshore Financial Centre, UK • Proceeds of Crime Conference • HKU Faculty of Law Guernsey Cross Border Services v Garnet Investments Ltd Guernsey Legal Regime Special Features of the Guernsey Jurisdiction: • Crown Dependency / Offshore Financial Centre • hybrid jurisdiction; essentially Common Law with elements of the French civil code • a number of different laws and measures aimed at preventing and detecting the laundering of the proceeds of crime and/or the financing of terrorism • Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999 • Proceeds of Crime Conference • HKU Faculty of Law Guernsey Cross Border Services v Garnet Investments Ltd Guernsey Legal Regime Several criminal offences created by the Law • offence of being involved in the control of property -
Tembok Tebal, Pengusutan Pembunuhan Munir
Tembok Tebal, Pengusutan Pembunuhan Munir Sebuah Analisis Kebijakan Tim Imparsial September 2006 BAB I ”TEST OF OUR HISTORY” ”..... sejauh pengadilan HAM tidak becus, maka itu merupakan kepanjangan tangan masa lalu” (Munir 1965-2004) Proses pengungkapan kasus pembunuhan politik terhadap Munir berjalan kembali ke titik nol. Menjelang dua (2) tahun pasca pembunuhan politik terhadap Munir, 7 September 2004, belum terdapat titik terang yang menunjukkan motif dan para pelaku pembunuhan sebenarnya. Bahkan penyelidikan pasca berakhirnya masa kerja Tim Pencari Fakta (TPF) nyaris tidak memberikan perkembangan berarti bagi kasus tersebut. Pasca putusan Pengadilan Negeri Jakarta Pusat 20 Desember 2005 dengan nomor 1361/Pid/B/2005/PN.Jkt.Pst, yang memutuskan hukuman 14 tahun penjara bagi Pollycarpus Budihari Priyanto, pihak terdakwa mengajukan banding. Pada 27 Maret 2006, Pengadilan Tinggi Jakarta Pusat memutuskan menerima banding yang diajukan Pollycarpus dan menguatkan putusan Pengadilan Negeri Jakarta Pusat, yakni tetap menghukum Pollycarpus dengan 14 tahun penjara. Penyelidikan kepolisian yang setengah hati dan terkesan menemui buntu, padahal banyak informasi yang dapat ditindak lanjuti, misalnya hubungan telpon antara Muchdi, BIN, dan Pollycarpus. Pergantian pimpinan penyelidik yang sudah dilakukan sebanyak tiga (3) kali, belum memberikan perkembangan. Malah semakin berjalan lamban bila dibandingkan dengan hasil temuan dari tim penyelidik kepolisian terdahulu. Semasa hidupnya, advokasi yang dilakukan oleh Munir memang tidak pernah lepas dari persinggungan dengan pihak militer. Sewaktu Munir menangani kasus pembunuhan terhadap Marsinah, ia tidak hanya diancam oleh aparat kodam setempat (Brawijaya) tapi juga diancam akan dihilangkan nyawanya lantaran melibatkan diri dalam urusan kematian buruh pabrik di Sidoarjo tersebut.1 Bahkan, di lain kesempatan, Munir berani menantang para pelaku pelanggar HAM –terutama dari pihak militer- secara terbuka, di mana dalam sebuah aksi bersama keluarga korban di 1 Forum Keadilan,” Mantan Pedagang Melawan Kekerasan”, No. -
Analisis Kebijakan Jembatan Selat Sunda Peraturan Presiden Nomor 86 Tahun 2011 Oleh
PEMBANGUNAN KEMARITIMAN DAN PESISIR Studi Kasus: Analisis Kebijakan Jembatan Selat Sunda Peraturan Presiden Nomor 86 Tahun 2011 Oleh : Alim Bathoro1 Abstract The process of development are two sides of the same coin, one side is the physical development and the other side is human development. However, in the development process, usually prefer the physical development, and less attention to human development. Therefore, people as objects, not subjects of development. The political authorities see development only in terms of economic benefits, the development of socio-political side ignored. Therefore, the development has a problem. Maritime development in the coastal areas and archipelago are also experiencing the same dilemma. In order to obtain an understanding of maritime development, this study will analyze the policy of the Sunda Strait bridge. Therefore, this study will analyze, who benefited from the Sunda Strait Bridge project, and who was defeated in the Sunda Strait Bridge project. If we read Peraturan Presiden (Perpres) No 86 Tahun 2011 related to the Sunda Strait Bridge, the actors had been found, they are government officials (local and central) and national enterprises. This research found that conflicts of interest between the central and local elite, has resulted in making the Sunda Strait bridge construction was delayed several times. Clearly, national enterprises seems to be the main actor in the local policy, both in Lampung and Banten. That is in local policies, local governments easily become part of the national enterprises interests. Keywords : Policy, Actor, Elite, Government Pendahuluan hal itu berhasil, maka boleh jadi jembatan yang Pembangunan di Indonesia memasuki babak baru menghubungkan Sumatera dengan Malaysia akan ketika Perpres 86 Tahun 2011 digulirkan, perpres menyusul, sehingga menghubungkan Indonesia tersebut mengatur tentang pembangunan Jembatan bagian barat dengan Benua Asia. -
History, Memory, and the "1965 Incident" in Indonesia
HISTORY, MEMORY, AND THE “1965 INCIDENT” IN INDONESIA Mary S. Zurbuchen With the events of 1998 that climaxed in the stunning moment of President Suharto’s resignation, Indonesia embarked on a transi- tion from a tenacious authoritarianism. These changes have prompted re- examination of assumptions and tenets that have shaped the state, its laws and institutions, and the experience of being a citizen. They have also spurred calls for justice and retribution for persistent patterns of violence. Suharto’s New Order is the only government that most Indonesians alive today have ever known, and its passing has sparked notable interest in reviewing and assessing earlier chapters in the national story. This retrospective moment has not been systematic, and there are indications that it may not be sustained under the administration of President Megawati Sukarnoputri. 1 Nonetheless, public discourse continues to spotlight key actors and events from the past, including some that have long been hidden, suppressed, or unmentionable. Among these topics, the killings of 1965–66 are a particularly difficult and dark subject. In this essay, I will discuss some of the recent representations of this particular element of the collective past and offer some thoughts on how “1965” figures in contemporary public discourse, in social and private Mary S. Zurbuchen is Visiting Professor and Acting Director of the Center for Southeast Asian Studies at the University of California, Los Angeles. Asian Survey , 42:4, pp. 564–582. ISSN: 0004–4687 Ó 2002 by The Regents of the University of California. All rights reserved. Send Requests for Permission to Reprint to: Rights and Permissions, University of California Press, Journals Division, 2000 Center St., Ste. -
Local Politics and Chinese Indonesian Business in Post-Suharto Era
Kyoto University Local Politics and Chinese Indonesian Business in Post-Suharto Era Wu-Ling Chong* This article examines the relationships between the changes and continuities of Indonesian local politics and Chinese Indonesian business practices in the post- Suharto era, focusing on Chinese Indonesian businesses in two of the largest Indo- nesian cities, Medan and Surabaya. The fall of Suharto in May 1998 led to the opening up of a democratic and liberal space as well as the removal of many dis- criminatory measures against the Chinese minority. However, due to the absence of an effective, genuinely reformist party or political coalition, predatory political- business interests nurtured under Suharto’s New Order managed to capture the new political and economic regimes. As a result, corruption and internal mis- management continue to plague the bureaucracy in the country and devolve from the central to the local governments. This article argues that this is due partially to the role some Chinese businesspeople have played in perpetuating corrupt busi- ness practices. As targets of extortion and corruption by bureaucratic officials and youth/crime organizations, Chinese businesspeople are not merely passive and powerless victims of corrupt practices. This article argues, through a combination of Anthony Giddens’s structure-agency theory as well as Pierre Bourdieu’s notion of habitus and field, that although Chinese businesspeople are constrained by the muddy and corrupt business environment, they have also played an active role in shaping such a business environment. They have thus played an active role in shaping local politics, which is infused with corruption and institutionalized gang- sterism, as well as perpetuating their increasingly ambivalent position. -
Million-Dollar Defamation Award to Suharto's Son Setbacks
For immediate release: 26 May 2011 PRESS RELEASE INDONESIA: Million-Dollar Defamation Award to Suharto’s Son Setbacks Freedom of Expression Jakarta 26.05.11: The youngest son of Indonesia’s former President Suharto - Hutomo Mandala Putra was awarded on 24 May 2011 damages worth 12.5 billion Rupiah ($1.46 million) for a magazine article which described him as a “convicted murderer.” Also known as “Tommy Suharto,” the description in the article was a reference to his 2002 conviction for ordering the murder of a Supreme Court judge. “It is very disturbing that an Indonesian court awarded damages to Tommy Suharto for the publication of an article which mentioned true facts about his conviction. This ruling carries severe implications for press freedom in Indonesia and is further aggravated by the million- dollar compensation. The Tommy Suharto defamation case sends out the wrong signal as it implies that the judiciary system in Indonesia favours the protection of the rich and powerful,” said Dr Agnes Callamard, Executive Director ARTICLE 19. “Unfortunately, this ruling is also a reminder of the oppressive and corrupted era under former President Suharto and constitutes a serious setback to Indonesia’s progress in upholding freedom of expression and the rule of law since the fall of Suharto,” continued Callamard. The South Jakarta District Court ruled that the article, which appeared in December 2009 in the in-flight magazine of the national carrier Garuda airlines, “has damaged the plaintiff's credibility as a local and international businessman.” The judge said that Tommy Suharto has “served his sentence and since the completion of the term he has fully regained his rights as a citizen and for his past to not be mentioned”.