Weekly Update Human Rights in Indonesia – 23-06-2014 Impunity

Weekly Update Human Rights in Indonesia – 23-06-2014

Elections 2014 Impunity Wiranto Sets Record Straight on Prabowo’s Military Kivlan: May 1998 Riots Orchestrated in Senayan Discharge Tempo Interactif 19-06-2014 The Jakarta Globe, 19-06-2014

Former Chief of Staff of the Army’s Strategic Reserves Command (Kostrad) Maj. Indonesia’s last military commander under the strongman Suharto has confirmed Gen. (ret) Kivlan Zen has revealed that the May 1998 riots in the capital was that presidential candidate Prabowo Subianto, a top Army general at the time, controlled from Bogor, West Java, by a special team that was established in an was indeed discharged from the force for ordering the abduction of pro- area in Bogor. democracy activists in 1997 and 1998.

Kivlan, a national debater of the Prabowo Subianto-Hatta Rajasa presidential Retired general Wiranto said in a televised press conference on Thursday that ticket’s campaign team, said the riots were orchestrated in an area around Prabowo’s dismissal was no secret, and denied that the recently leaked letter of Senayan, Jakarta, in February-March 1998 to oust then President Soeharto. “They dismissal was confidential. “There were no instructions from military leaders at controlled them (the riots) from Bogor via telephone,” he said on Wednesday. that time” to kidnap the activists whose protests would eventually lead to Suharto resigning, Wiranto said. “I did ask Prabowo about the kidnappings, and I Kivlan admitted to knowing the masterminds of the riots but refused to reveal believe it [the kidnappings] was done on his own initiative,” he added. them. “If I do that, I will disgrace this nation,” he said. Wiranto said that because the incident involved civilians, it was a case that was in According to Kivlan, there was an officer who left the capital in 1998. At the same the public interest, and therefore the circumstances of Prabowo’s dismissal time, Prabowo was in Jakarta to take security precautions. should be public knowledge. In his book titled Konflik dan Integrasi TNI AD (Conflicts and Integration within “I don’t consider the dissemination of the letter as a leak. The document is not The Army), Kievlan mentions the involvement of then commander of the Armed confidential because the victims were civilians,” Wiranto said. Forces Gen. Wiranto in the establishment of the civilian security task forces known as Pam Swakarsa.

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Weekly Update Human Rights in Indonesia – 23-06-2014

The abductions took place between December 1997 and March 1998. An They have also criticized the leak of the letter, with some calling its authenticity investigation was launched in March, and Prabowo was subsequently hauled into question. But Wiranto said it should be very easy to verify the authenticity. before a military tribunal overseen by Wiranto. “Authenticating the letter is important because this concerns the credibility of a “From the investigation until the dismissal I regularly gave updates to public,” presidential candidate,” he said. “We can do that easily because most people Wiranto said. “[In 1998] I issued a public apology because some of my men had mentioned in the letter are still alive.” committed ethical, procedural and legal violations, and I promised that they would be punished.” Besides Wiranto, another top military general who served on the tribunal and whose signature appears on the letter ordering Prabowo’s dismissal was one However, Wiranto declined to say whether Prabowo had received an honorable Susilo Bambang Yudhoyono… or a dishonorable discharge. “I don’t want to be caught up in the semantics,” he said. “The debate about the terminology is no longer relevant.” Kompas reports on 20 June that the Prabowo team has lodged a complaint against former general Wiranto for black campaigning. But he hinted that Prabowo had been dishonorably discharged, saying that serving personnel only received an honorable discharge if they retired or if they The 3rd presidential debate suffered from chronic illness or sustained permanent disabilities. The |Jakarta Post, 23-06-2014 “But there are soldiers who are fired dishonorably because they have violated Indonesian Democratic Party of Struggle’s (PDI-P) presidential candidate Joko [the soldier’s pledge] and the Constitution,” he said. “Jokowi” Widodo gave an impressive performance during the third televised Wiranto added that the letter issued by the 1998 military tribunal, or DKP, clearly debate organized by the General Elections Commission (KPU) on international stated that Prabowo had been dismissed. affairs and defense issues, two subjects considered strong suits for his rival, Gerindra Party’s Prabowo Subianto. Wiranto, the founder and chairman of the People’s Conscience Party, or Hanura, has endorsed Joko Widodo, Prabowo’s rival, for the July 9 presidential election. Early in the debate, Jokowi showed off his wonkish understanding of foreign affairs by outlining several priorities in his overseeing of foreign policy, if elected Prabowo’s supporters have long tried to play down his dismissal from the president. military, calling it a past incident that has no bearing on his suitability as a presidential candidate.

Weekly Update Human Rights in Indonesia – 23-06-2014

Black campaigning Faisal could only submit the transcript of the recording, but failed to give the recording. The KPK has denied that the transcript was leaked from its office. The Jakarta Globe, 19-06-2014

Attorney General Basrief Arief filed a lawsuit on slander against news portal Corruption in State Institutions Inilah.com, which reported an alleged conspiracy between the attorney general and Megawati Soekarnoputri, the chairwoman of the Indonesian Democratic Corruption in the Ministry of Health Party of Struggle, or PDI-P, in the TransJakarta corruption case. The Jakarta Globe, 19-06-2014 Basrief also reported to the National Police a fake letter containing the transcript of an alleged conversation between Basrief and Megawati that Faisal Assegaf, The National Police’s corruption division detained a Health Ministry official, after chairman of nongovernmental organization Progress 98, claimed he received being named a suspect for two years, over alleged graft in the development of from a source at the Corruption Eradication Commission (KPK). avian flu vaccine. “We officially detained T.P.S. for 20 days since June 16,” National Police corruption division head Sr. Comr. Andi Heru Santo said on “I hope this online news can be investigated according to the existing law, as this Thursday. He was referring to T.P.S., or Tunggul P. Sihombing, the ministry’s slander was brought about in this political condition,” Basrief said. former director general for disease control.

Inilah.com was the first media that put up news about an alleged conspiracy Tunggul — who was charged with corruption and money laundering — had just without getting confirmation from the other side. It reported that Megawati been taken into custody, Andi said, because the police had just received audit lobbied Basrief so that presidential candidate Joko Widodo would not be taken results from the Supreme Audit Agency (BPK) in 2014 about the potential state into legal proceedings related to allegation of corruption to the TransJakarta bus loss of Rp 770 billion ($64 million) from the project. procurement project worth Rp 1.5 trillion ($125 million). “We’ve just got enough evidence in 2014,” Andi said. “He did not meet the Basrief said that the transcript was fictitious. He said that the Attorney General summons and he instead sent his lawyer, claiming that he was sick but without a Office had not found any connection between Joko and the corruption case doctor’s note when we were about to question him. When he was arrested, he which saw former Jakarta Transportation Agency Udar Pristono as a suspect. was not ill and was fishing in Bogor.” “The current [legal] process has not been linked to Jokowi, as we, law enforcers, work based on the law, referring to the investigation report,” Basrief said. He called Joko by his nickname Jokowi.

Weekly Update Human Rights in Indonesia – 23-06-2014

Son of Minister of Cooperatives detained for corruption Corruption in the Ministry of Transportation The Jakarta Globe, 19-06-2014 The Jakarta Globe, 19-06-2014

Jakarta’s prosecutor office on Thursday arrested the son of Syarief Hasan, who is An official from the Directorate General of Railways at the Ministry of the minister of cooperatives and small and medium enterprises, for alleged Transportation is allegedly involved in a graft case, which reportedly saw a corruption of his supposed involvement in the procurement of video monitors, Japanese transportation firm pay kickbacks for a railway project worth trillions of which was a project of his father’s ministry. rupiah.

Prosecutors decided to detain Syarif’s son Riefan Avrian, after questioning him Tamio Kakinuma, the head of railway consulting company Japan Transportation since Thursday morning, Jakarta’s prosecutor office spokesman Waluyo was Consultants (JTC), admitted that the firm had paid Rp 3.4 billion ($285,000) in quoted as saying by state-run Antara news agency on Thursday. return for three projects totaling ¥2.9 billion ($28 million) in Indonesia, which are funded by the Japanese government’s Official Development Assistance (ODA) “It’s true, he’s been detained in Cipinang prison,” Waluyo told Antara, adding according to the leading Japanese newspaper Yomiuri Shimbun. that Riefan was detained because there was the possibility he would eliminate evidence and run away. Corruption Eradication Commission (KPK) spokesman Johan Budi told the Jakarta Globe that the national antigraft agency was still waiting for the report and Riefan is accused of causing state losses of over Rp 4 billion ($334,000) by rigging information on the allegations from the transportation ministry. a bid for the procurement of video monitors. Riefan’s company, Imaji Media, was allegedly set up for the sole purpose of the tender in 2012. The project was worth “It is difficult for the KPK to directly investigate a case that involves a private Rp 23.4 billion. company overseas,” he said. “However, whenever there are allegations of graft, we will surely investigate it, but in this respect, we are still awaiting the report He is charged with the 2001 Anti-Corruption Law. If convicted, Riefan could face from the Ministry of Transportation.” up to 20 years in prison.

The case came to light after the Supreme Audit Agency (BPK) found excessive payments that did not match the market value of the equipment.

Weekly Update Human Rights in Indonesia – 23-06-2014

KPK: No More Ministers Like Suryadharma Four Key Witnesses in Hambalang Graft Case Pass Away Tempo interactif, 19-06-2014 The Corruption Eradication Commission (KPK) will Tempo Interactif, 19-06-2014 meet the new president after being elected in the presidential election on July 9 to explain about the potential for corruption in an attempt for early prevention. Four key witnesses in the graft case surrounding the construction of Hambalang "After new ministers are chosen, we will come to them," said KPK deputy chief, sports complex in Bukit Hambalang, Bogor, have passed away. Adnand Pandu Praja, yesterday. Muchayat, an ex-deputy of the State Enterprises Ministry, died on Wednesday, Suryadharma Ali, former Religious Affairs Minister, who has been named a June 18, 2014 of stroke at a hospital in Singapore at 11.30 a.m. “Yes, he has suspect in hajj fund corruption, said to have no knowledge about his mistakes; passed away,” Rafina, the secretary of Munadi Herlambang, Muchayat’s son, told which prompted KPK to brief all ministers to explain about a potential for Tempo on Wednesday, June 18, 2014. corruption in order to prevent a similar case from occurring. The allegations against Muchayat that he was involved in the graft-tainted Adnan deplored that only a few ministers had coordinated with KPK in corruption construction project came from Rizal Mallarangeng, the spokesperson of former prevention. "Lukman Hakim, the new Religious Affairs Minister, who came to KPK Youth and Sports Minister Andi Mallarangeng’s family. Rizal accused Muchayat, a is an exemplary action," said Adnand. vice president commissioner of state-run Bank Mandiri, of abusing his powers in a rigged tender that saw state-owned construction company Adhi Karya as the KPK is formulating strategies to encourage the new government to strengthen executor of the Rp2.5 trillion-project. monitoring agencies such as the Inspectorate General so that they can be more independent and effective in supervising. Prior to Muchayat’s passing, Arif Gunawan alias Arif Gundul also died unexpectedly in late 2012. He was buried in Yogyakarta. Another witness, Ikuten Hifdzil Alim, researcher from UGM’s anti-corruption research center, said Sinulingga, the operational director of state-run construction firm PT Wijaya monitoring in regional governments must also be improved. According to his Karya, died after falling from Cawang flyover in East Jakarta. The fourth witness, agency’s research, many regional governments complain about the monitoring Asep Wibowo, the CEO of PT Metaphora Solusi Global, who died of stroke. model from the central government that involves too many agencies. "Regional governments often think that the central government doesn’t want regions to be Andi Mallarangeng and former Democrat Party chair Anas Urbaningrum have developed as development budget proposal is often rejected, while ministries in been named as suspects in the case. The case’s trial is still afoot. the central government deem a lot of regional governments to be incompetent."

Weekly Update Human Rights in Indonesia – 23-06-2014

Corruption with funding intended for backward regions He added that 38 of which were also in limbo, nine cases had yet to implicate all involved parties, four cases had not seen their suspects arrested, and three cases development had been stopped. Kompas, 18-06-2014 Emerson said the cases hailed from a number of provinces, including Central Java, The bupati (district head) of Biak Numfor (Papua) has been arrested on the West Kalimantan, Aceh, Banten, Southeast Sulawesi, Yogyakarta, East Nusa suspicion of pocketing funding that was coming from the Ministry for Backward Tenggara, East Kalimantan, East Java, Riau and West Nusa Tenggara. The ICW said Villages Development (Pembangunan Daerah Tertinggal, PDT). The amount the sluggish handling of graft cases in regions stemmed from lingering involved would be some 100,000 Singapore $ (around 80,000 US$), mainly meant investigation and prosecutors’ vagueness in updating the people on the progress for upgrading schools. of the cases. “The AGO have to supervise the regions,” Emerson said.

ICW Reports Hundreds of Graft Cases to Attorney Papua General Office Papuans behind bars, 17-06-2014 Tempo Interactif, 13-06-2014 At the end of May 2014, there were at least 76 political prisoners in Papuan jails. The Indonesia Corruption Watch (ICW) has reported 102 graft cases to the The unprocedural use of firearms by police in Indonesia continues to pose a Attorney General’s Office (AGO). “The handling of these cases is not progressing serious threat to the safety of Papuans. The death of human rights worker in the hands of prosecutors in regions,” said ICW legal and court coordinator Reverend Ekpinus Magal and the serious injuries faced by three local villagers in Emerson Yuntho on Friday, June 13, 2014. Moanemani, Timika, (see below), are the results of a lack of restraint among police in Papua. This excessive use of force suggests a lack of training and Emerson reported the case to the AGO and was met by Junior General Attorney awareness of obligations under the Indonesian Police Regulation on the Use of for Special Crimes Andi Nirwanto. At the AGO office, Emerson called on AGO top Force in Police Action No. 1/2009 and the UN Basic Principles on the Use of Force brass to keep monitoring the cases handled in regions. He said 39 out of the 102 and Firearms by Law Enforcement Officials. The impunity which so often cases he reported had vanished during investigation. accompanies such acts of violence runs throughout police units in Papua, from the Mobile Brigades (Brigades Mobil, Brimob) to district and regional police.

Further reading: www.papuansbehindbars.org