Weekly Update Human Rights in Indonesia – 24-03-2014 Impunity

Weekly Update Human Rights in Indonesia – 24-03-2014

Tumbu went on to say the government should Impunity improve its weak track record by enhancing protection for Indonesians abroad, who are mostly In the documentary film “The Act of Killing” the uneducated domestic workers. role of the Pemuda Pancasila (Pancasila Youth) in 1965 is explored. We received a photograph of the Similarly, the Indonesian Migrant Workers Pemuda Pancasila in March 2014 in Bantul, South Association (ATKI) criticized the government, of Yogyakarta, active in an election campaign, saying despite Manpower and Transmigration here, considering the yellow colour, for Golkar. Old Ministry efforts to develop a placement and friends, new uniforms? protection system and a 400-hour skills training program, migrant workers did not receive enough official support.

ATKI member Karsiwen, who is in charge of advocacy in Sartinah’s case, said that most migrant workers had no knowledge of transmigration laws and were not given comprehensive protection by the government.

Meanwhile, Nelson Simamora, a public advocate from the Jakarta Legal Aid Institute (LBH Jakarta), said that the government provided next to nothing in terms of legal aid. And with the current weak government policy, Nelson said there would be ©Stefan Körperl dire consequences for future cases. Women’s rights “There will be another 1,000 Indonesian migrant workers executed next year if there is no change,” SBY urged to intervene to stop Nelson told The Jakarta Post. beheading Satinah had confessed to the murder of her employer, Nura Al-Gharib, in Gaseem, Saudi Kompas 24-03-2014 Arabia, and the theft of 37,970 riyals (US$10,120), With less than two weeks before an Indonesian in June 2007. She was sentenced to be executed in migrant worker is beheaded in Saudi Arabia, 2010, but after appealing her sentence in 2009, the various organizations have called on President date was pushed back to April 3, 2014. Susilo Bambang Yudhoyono to intervene in the Satinah would be absolved if the Indonesian case. government paid 7 million riyals for diyat (financial “We urge the president to directly intervene and retribution to a victim’s kin), which is equal to Rp save Satinah [binti Jumadi Ahmad] from the death 22.5 billion, surpassing the last diyat reportedly penalty,” Tumbu Saraswati of the Commission on paid in a similar case. Violence against Women (Komnas Perempuan) So far, 4 million riyals have been raised from said on Sunday, referring to the Semarang, Central allocated state funds, donors and charities to save Java, native on death row in Saudi Arabia. Satinah from death by beheading. Satinah’s family

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Weekly Update Human Rights in Indonesia – 24-03-2014 has also made efforts to communicate with the ”During this monitoring we found data and victim’s family to plea for clemency. information that the plan for the investment may form human rights violations, especially the rights In July 2011, Darsem binti Daud from Subang, West of the communities to use the land (hak ulayat) Java, was freed by paying 2 million riyals, the and the right to a clean and healthy environment,” highest request at the time. Hafidz bin Kholil Sulam she said. She asked that the permit to turn the from Sampang, East Java, was released after forest into a plantation area by the Ministry of paying 400,000 riyals to the family of his own Forestry to be halted. The forest cannot yet be uncle, whom he killed in 2009. Banayah binti decided to be “state forest”, so that the Ministry of Banhawi Sawawi of Tangerang, Banten, was also Forestry as yet has no authority to issue the absolved after paying diyat of 55,000 riyals. permit. The area still is the property of the traditional community (masyarakat adat). Similarly, Ahmad Fauzi bin Abu Hasan from Bangkalan, East Java, was released in July 2011 Additionally to the possible violation of the users’ after paying 46,000 riyals in compensation for rights, the plantation may also damage the killing a fellow Indonesian migrant worker, Tarino environment. An environmental impact bin Rakisan Robayi from Lamongan, East Java, in assessment has only been carried out with regard October 2008. to the local area. Also the impact of the industry should have been assessed. The plantation is Last month, the governments of Indonesia and planned to cover an area of nearly half a million Saudi Arabia signed a memorandum of hectares on the biggest islands of Aru Islands, understanding (MoU) to provide better working Wokam, Kobroor, Kola, Maikoor, Trangan, dan conditions for Indonesian workers in the Kingdom. Koba. The whole area of the Aru Islands is only 626,900 hectares. Land Rights The Governor of the province Maluku, Said Assegaf Human rights violations may be has promised to reconsider the concession. “If it is in the interest of the people, we will certainly occurring in Aru Islands support that,” he said. Kompas, 19-03-2014 Elections The National Human Rights Commission (Komnas HAM) has identified possible human rights violations in an investment for sugar plantations by Human rights is the issue a group of domestic investors in Aru Islands Kompas, 24-03-2014 (Maluku). Therefore all the steps in the process of land acquiring have to be reconsidered. This was A number of civil society organisations have expressed by the member of Komnas HAM, Sandra started a coalition stressing the importance of Moniaga. During four days in March the Komnas human rights in the elections. It runs a special HAM has carried out and intense monitoring, website www.bersih2014.net that gives following strong opposition by the local inhabitants information on parliamentary candidates who are against the capital investment in a sugar clean, under the heading: “Don’t let your rights be plantations in Aru Islands. managed by to someone who violates rights.”

Weekly Update Human Rights in Indonesia – 24-03-2014

Gerindra has expressed its wish to “complete” the governor’s nomination on Friday, providing PDI-P’s human rights law (Law 39/1999) because it now is political opponents with a reason to question the too much influenced by foreign ideas. Next to integrity of the party and its leader. rights it should also contain obligations. The document, a copy of which was obtained by The new party NasDem said it will take human The Jakarta Post, contains seven articles and was rights as their compass in all policy measures. It is signed by Megawati and Prabowo on May 16, not only a regulation, but a perspective and a way 2009, the day they registered with the General of life, its representative said. The party explicitly Elections Commission (KPU) as presidential and supports efforts of victims to resolve earlier human vice presidential candidates for the 2009 rights violations. presidential election.

The Golkar representative said that Golkar will Two articles, for example, stipulate that should respect human rights at all times. In Golkar’s vision Megawati and Prabowo win the 2009 election, the paper “Indonesia 2045” human rights are included, latter will be assigned to handle the country’s but the most important is the economy. economic policies and granted a right to handpick related ministers, including agriculture minister, The smaller party Partai Keadilan dan Persatuan finance minister and energy and mineral resources Indonesia (Justice and Unity Party) said that social minister. justice is at the base of human rights. “Corruptors have a right to life like anybody else, but stealing The last article, considered the most crucial point, from the national budget is in fact stealing from mentions Megawati will “support the nomination the people and legitimizes the death penalty”. of Prabowo Subianto as a presidential candidate in the 2014 presidential election”. Prabowo is The Hanura Party will combat corruption as a way considered the most popular presidential of promoting human rights. The Islamic Partai candidate if Jokowi is taken out of the equation, Bulan Bintang, PBB, considers human rights as a according to various political surveys. necessary element of legal security for all civilians. “Perpetrators have to be punished.” Further reading: http://www.thejakartapost.com/news/2014/03/16 Broken promises /mega-s-broken-promises-leaked.html Jakarta Post, 17-03-2014 Violence in Aceh It appears that presidential hopeful Prabowo Jakarta Globe, 18-03-2014 Subianto has all the reason to resent the Indonesian Democratic Party of Struggle (PDI-P)’s One of the participants in an attack on a National surprise decision to nominate the wildly popular Democrat Party (NasDem) campaign office in Joko “Jokowi” Widodo as its presidential Munyee Kunyet village, North Aceh in February candidate. was a former Free Aceh Movement (GAM) combatant, police said on Tuesday. A document outlining the political commitment of PDI-P chairwoman Megawati Soekarnoputri to “The office was hit by two shooters,” an unnamed support the presidential nomination of Prabowo — source at the National Police headquarters said. Gerindra Party chief patron — in the 2014 “The first one, RSD, was an ex-combatant in GAM presidential election was leaked to the public only and the other one, Umar, was the one who fired a day after the PDI-P announced the Jakarta [the shots].” RSD allegedly drove the motorcycle

Weekly Update Human Rights in Indonesia – 24-03-2014 the pair used in the attack. After firing at the Djamal Mirdad, who is also a legislative candidate building, the men allegedly went inside and beat from Gerindra, entertained the crowd with his up two campaign workers. No one was injured by popular songs from the 1980s such as “Suka-suka” the gunshots. (As You Like It).

RSD was arrested in a warung in North Aceh on At the end of the song Prabowo made his long- Sunday at around 4 p.m., and Umar was arrested in awaited entrance in an open-top jeep, standing North Aceh late Monday night. Both alleged and waving to the swelling crowd. attackers rented firearms illegally from a soldier stationed locally, police said. At the end of his lap around the stadium, Prabowo mounted a horse and examined the red-hatted “The two shooters have been detained,” National ceremonial troops, which was followed by a brief Police Chief Gen. Sutarman said. “According to demonstration of his horse-riding skills with them, the firearms used were rented from an army another lap around the stadium before finally member. We are now working together with the delivering his speech. army to solve the case.” He declined to comment further. Speaking through a vintage microphone, a replica of the ones used by the country’s founding fathers Prabowo’s message pictured in history books, Prabowo delivered jabs to some of his political opponents throughout his The Jakarta Post, 24-03-2014 speech.

Prabowo Subianto, the chief patron of the “[…] Democracy means that the people rule. But, Gerindra Party, sent a clear message on Sunday what is happening in Indonesia now is kleptocracy. regarding his ambition to nationalize foreign assets Klepto means thief, while cracy is derived from the in addition to attacking the credentials of his main Greek word for power, kratos. Kleptocracy thus rival in the presidential election. means that the republic is being ruled by thieves,” Prabowo said in his opening lines. In an event at the Bung Karno Sports Center in Central Jakarta, Prabowo showed party members He later told party supporters in the stadium to use who was boss by making them wait hours just to their right to vote in both the legislative and witness his dramatic entrance into Gerindra’s presidential elections, before he laid out his military-style open air campaign. The gathering, nationalist vision for the country, which in his which kicked off at 9 a.m. initially appeared as a opinion, was being controlled by foreign countries regular outdoor campaign with a female dangdut due to its rich natural resources. singer gyrating on stage to energize the crowd, which had packed the stadium by noon. Prabowo pledged that he would take over assets controlled by foreign entities if he was elected For several hours the campaign announcer president. “[…] Today, Gerindra hereby declares repeatedly called on the crowd to clear the that Indonesia is not for sale. We will no longer stadium’s center field to prepare for Prabowo’s allow them to undermine this nation. We want arrival. Finally at around 1 p.m. his helicopter change. And Gerindra is ready to lead the country began its descent toward the stadium. toward that goal,” Prabowo said. He further called for support from the audience to help him win the In order to energize the tired Gerindra supporters presidential election on July 9. who had to endure another delay, as Prabowo’s chopper had to land outside the stadium, singer

Weekly Update Human Rights in Indonesia – 24-03-2014

“You have to work extremely hard in the remaining in the cases that Akil handled. The smaller the 16 days before the [legislative] election to ensure difference between the two contesting candidates, your neighbors and loved ones make the right the higher the bribing tariff that the party that choice [in the election]. Tell them that the country wanted to win, had to pay. is in crisis. Tell them to not let Indonesia continue to be sold [to other countries],” Prabowo said. For instance in the conflict over the election of the mayor of Palembang, the difference was only 8 Prabowo also directed a thinly veiled attack toward votes on a total of over 300,000. The losing pair of Jakarta Governor Joko Widodo of the PDI-P for his candidates (for mayor and deputy mayor) called in decision to run as the party’s presidential the treatment of the Constitutional Court that candidate. established a commission of three judges, with Akil presiding.

According to the indictment against Akil, he approached a friend who conveyed his request to the complainant. This friend then received 15 billion Rp (over 1 million USD) in total from the complainant’s wife. A week later the Constitutional Court declared the counting of the votes in the election irregular and formally identified the complainant as the winner with 25 votes more than the other pair of candidates.

Eyes on a higher post: Gerindra Party leader and presidential In the indictment, Akil is suspected of taking bribes candidate Prabowo Subianto rides a horse during an election in conflicts over 15 local elections, among them the campaign event at Bung Karno Stadium in Jakarta on Sunday. election of the mayor of Palembang, the district heads (bupati) of Gunung Mas (Rp 3 billion), Lebak Corruption in local elections (Rp 1 billion), Empat Lawang (Rp 10 billion plus 500.000 USD), Lampung Selatan (Rp 500 million), Pulau Morotai (Rp 2,9 billion), Tapanuli Tengah (Rp The smaller the difference, the 1,8 billion), Buton (Rp 1 billion), and the governor higher the price of Banten (Rp 7,5 billion).1 Kompas, 19-03-2014 Allegations against SBY The Anti-Corruption Committee KPK will identify Kompas, 22-03-2014 several people who may have offered money to the President of the Constitutional Court, Akil One of the suspects in the corruption case around Mochtar. He was involved in several conflicts on the Hambalang project (a sports centre near local elections that were to be solved by the Bogor), Anas Urbaningrum, has mentioned via his Constitutional Court. The KPK is analysing the lawyer that an amount of money for buying a patterns of give-and-take and the results for the Toyota Harrier, has originated from a gift by local elected authorities. President Susilo Bambang Yudhoyono. This gift was

The Vice-President of the KPK, Bambang 1 Kompas does not mention that as a result all these elected Widjojanto said that there are interesting findings authorities themselves have been illegally appointed ànd are punishable for offering bribes – it takes two to tango...MM

Weekly Update Human Rights in Indonesia – 24-03-2014 a “thank-you” by the president in connection with Police seized dozens of bows and arrows, he his re-election in 2009 2. He also said he had added, but it was later found that a Moni man had provided the Anti-Corruption Commission KPK with been killed. There was no indication that he was data on the income and expenses of the Partai killed by police. Demokrat’s election campaign committee during the presidential elections in 2009. These data The Moni then fired several arrows toward the would show some irregularities. rival Dani tribe before turning on police, whom they blamed for the man’s death because his A spokesperson of the President said that Anas weapons had been seized. The police then fired on would have to prove these serious allegations. the Moni.

“After the crowd was finally dispersed, we then Papua found the two people who had been shot,” Sulistyo said, adding that their remains have been sent to Violence in Papua Timika for autopsies.

Jakarta Globe, 12-03-2014 Sulistyo said police had the situation under control.

Two Papuans from the Moni tribe were shot dead by the National Police’s Mobile Brigade (Brimob) Corruption vs development on Tuesday during a clash with police in Jayanti, Kompas, 18-03-2014 Timika. Police claimed the two victims were part of a group that attacked police with arrows. Papua In the provinces Papua and Papua Barat corruption Police spokesman Sr. Comm. Sulistyo Pujo by local authorities has been on the rise the last confirmed that police had fired on the group. two years. This is an obstacle for development, but also it is stealing from the individual inhabitants. “Arrows were flying over toward the barricade,” Therefore the administration of justice against Sulistyo said. ”Police then fired gunshots to dismiss them should be more strict. The Chairman of the the crowd attacking them. One officer, Eka, was Institute for Research and Analysis of Legal Aid in shot in the neck and is now in intensive care. Two Manokwari, Papua Barat, Yan Christian Warinussy residents, J.M. and T.M., were found dead after we said that he expects the Anit- Corruption conducted a sweep of the area.” Commission KPK, the Prosecutor general and the regional police to work against corruption without Sulistyo said that at 6 a.m. local time, Mimika respect of the persons involved. Police went door to door in Jayanti to recover guns and other weapons after tensions between the He said that his Institute has identified 20 cases Dani and Moni tribes had become exacerbated in where officials are involved from early 2013 till recent days and threatened to spill over into March 2014. The damage for the state is hundreds violence. “The sweep was also to detain the two of billions of Rupiah. tribe chiefs,” Sulistyo said.

2 According to Wikipedia Anas was a member of the National Election Committee KPU from 2001 till 2005. After 2005 Anas became a member of the SBY’s Partai Demokrat. He was elected in 2009 as member of parliament (DPR) and became the chairman of Partai Demokrat in 2010. He resigned from his political functions after his indictment and detention for corruption in 2013.