Weekly Update Human Rights in Indonesia – 10-03-2014 In

Weekly Update Human Rights in Indonesia – 10-03-2014

•The unresolved status of Papua since its In memoriam integration into Indonesia in 1962, •Political violence and human rights abuses, Dr Muridan Satria Widjojo passed •Failed development in Papua and away •Jakarta’s inconsistent policies and marginalization Tempo, 07-03-2014 of the Papuan people. Researcher on Papua, member of the Academy of To understand Papuan issues and the real situation Sciences (LIPI), Dr Muridan Satrio Widjojo M.Si on the ground, one has to wear the Papuan passed away on Friday 7 March 2014. Muridan people’s clothes and walk in their shoes, Muridan Satrio Widjojo worked in the Centre for Political says. Research (Pusat Penelitian Politik, P2P) of the Academy of Sciences (LIPI) since 1995. Starting in The special autonomy granted by the government 2008 he led an analytical team on Papua and in in 2001 is not the same as money. Giving money 2010 he became coordinator for the Peace has worsened the socio-economic condition in Network for Papua (Jaringan Damai Papua, JDP) Papua because a large part of the annual that on a voluntary basis tried to facilitate a autonomy funds has gone directly into the pockets dialogue between the Papua communities and the of public officials, while another large portion goes government. straight back to Jakarta, he said.

Prison conditions

Nusakembangan: “Alcatraz” at Java’s South coast Kompas, 08-03-2014

Kompas carries a feature article on the tourism opportunities for the island of Nusakembangan for [From earlier press: The Jakarta Post, July 31 2010] the south coast of Java near the city of Cilacap. In 2004, President Susilo Bambang Yudhoyono There are two attractively old forts from the 19th assigned Muridan and a team of LIPI researchers to century, which have been built by prisoners as identify and research the most significant problems forced labour. The local authorities disagree on the confronting the Papuan region. With moral support possibilities of permitting tourists on the island. from informal figures and religious leaders in the The island’s prisons are often compared to the provinces of Papua and West Papua, the team “Alcatraz” for its harsh regime. The eight prisons conducted the research and engaged in public on the island have been built by the Dutch consultation with locals. The results of the research colonizers in early 20th century. They are have been published in a book titled Papua Road surrounded by electric-powered barbed wire, Map. jungle and wild animals like leopards and The book identifies four main problems in Papua: poisonous snakes. The prison is a high security prison for top-criminals convicted for murder

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Weekly Update Human Rights in Indonesia – 10-03-2014

(Tommy Suharto), corruption (Bob Hasan) and will be displayed at the office,” he said. DKI 1 is a drugs related crimes. Prisoner of Conscience Johan colloquial term that means Jakarta Governor. Teterissa, convicted to 15 years imprisonment for waving a South Moluccan flag, is being held in the “Pak Jokowi’s nomination is in the hands of Bu Batu prison in Nusakembangan. Mega. Pak Prabowo’s nomination also depends on the number of votes Gerindra can garner,” Ahok added, referring to Indonesian Democratic Party of Elections 2014 Struggle (PDI-P) chairwoman Megawati Soekarnoputri, who has been given the mandate to Gerindra moving forward select PDI-P’s presidential candidate. The Jakarta Post, 07-03-2014 Freedom of Religion Deputy Governor Basuki “Ahok” Tjahaja Purnama, a Gerindra Party member, revealed on Tuesday that he had been touted as a potential vice Amnesty campaign for Tajul Muluk presidential candidate for this year’s presidential 07-03-2014 election. Tajul Muluk, a Shi’a Muslim religious leader from “During informal luncheons, my colleagues in East Java, is currently serving a four year sentence Gerindra have said that I may be a potential for blasphemy under Article 156(a) of the running mate for [Gerindra chief patron] Pak Indonesian Criminal Code. He is a prisoner of Prabowo [Subianto],” Ahok said at City Hall, adding conscience, imprisoned solely for peacefully that “however, there was no formal decision yet”. exercising his right to freedom of thought, conscience and religion. At least 168 Shi’a He acknowledged that Gerindra should focus on followers from his community, including his family, grabbing as many votes as possible during the were attacked and forced out of their homes in legislative election, slated to be held on April 9. Sampang district in East Java by anti-Shi’a mobs in August 2012. They have been prevented from “Without gaining more than 20 percent of the returning to their village by local authorities and seats at the House of Representatives, how can currently live in a refugee facility in Sidoarjo, East Gerindra nominate its own presidential Java. candidate?” he said. Despite no formal arrangement from Gerindra, Ahok hinted that he Tajul Muluk set up religious boarding school in would not refuse the offer. Nangkrenang village, Sampang, Madura island, East Java in 2004 and was the principal of the “If I am asked by my party to run [for vice school. In 2006, Sunni Muslims leaders in the president], I’ll certainly accept the request. village and religious authorities began to object to Whether it is to run for governor or president, I’m his Shi’a teachings which they considered ‘deviant’. prepared to serve my party,” he cited. After this there were numerous incidents of When asked whom he would choose if both threats and intimidation against him and other Governor Joko “Jokowi” Widodo and Prabowo ask Shi’a followers. him to be their running mate, he declined to On 29 December 2011, Tajul Muluk was forcibly answer and instead responded with a joke. “I’ll just evicted with over 300 other Shi’a villagers, when ask to stay at City Hall and be DKI 1 so my picture an anti-Shi’a mob of some 500 people attacked

Weekly Update Human Rights in Indonesia – 10-03-2014 and burned houses, a boarding school and a Shi’a The Shi’a community from Sampang district in East place of worship in Nangkrenang village. Java which Tajul Muluk belongs to was attacked and displaced by anti-Shi’a mobs in August 2012 Afterwards, Tajul Muluk and about 20 other and at least 168 of them (56 men, 61 women, 19 villagers, including his family, were prevented from children and 32 babies) were forced to live in a returning to the village by the police, and by the temporary shelter at a sports complex in Sampang attackers, who reportedly threatened to kill them if until 20 June 2012. They were then again forcibly they returned. evicted and taken to a refugee facility in Sidoarjo, East Java, around four hours by road. Since then, On 1 January 2012 a religious decree (fatwa) was they have been at risk of forced eviction from this issued by the Sampang branch of the Indonesia temporary shelter, and have been prevented from Ulema Council (MUI) about what was described as returning to their homes. The community have also Tajul Muluk’s “deviant teachings” and on 16 been intimidated and pressured by local March, the East Java regional police charged Tajul government officials to convert to Sunni Islam if Muluk with blasphemy under Article 156(a) of the they wanted to return to their homes. Indonesian Criminal Code. In July and August 2013, President Susilo Bambang On 12 July 2012 he was sentenced to two years’ Yudhoyono met with members of the Shi’a imprisonment for blasphemy by the Sampang community and promised to return them to their District Court. In particular, the court found him village and to rebuild homes and buildings that guilty for saying the Koran that Muslims were using were destroyed. A reconciliation team was formed was not the original text. Tajul Muluk has denied after the meeting in July. However, the community these allegations. are still waiting for tangible results and remain in His sentence was increased on appeal to four years limbo, uncertain of their future. on 10 September 2012 by the Surabaya High Court. There have been increasing levels of harassment, The reason given for the sentence increase was so intimidation and attacks against religious minority that it has a “deterrent effect” and because Tajul groups in Indonesia, including Ahmadiyya, Shi’a Muluk had caused “disharmony among Muslims”. and Christians. These include the closure, attacks On 17 January 2013 his appeal was rejected by the and burning by mobs of places of worship and Supreme Court, meaning he has no other legal homes, at times leading to the displacement of avenues through which to appeal. communities belonging to these groups, with little Human rights groups and legal experts have raised or no intervention from the police. a number of concerns about his arrest and trial. Further Article 156(a) of the Indonesian Criminal According to them, the Indonesian authorities had Code, which used against Tajul Muluk, was created failed to issue a warning to Tajul Muluk, as by the “Law Number 1/PNPS/1965 concerning the required by law, before arresting and prosecuting prevention of religious abuse and/or defamation” him and that police had taken statements from imposes a prison sentence “for whosoever in witnesses to his teachings, who did not understand public intentionally expresses their views or Indonesian, without an interpreter. Further, engages in actions that in principle incite hostilities several expert witnesses reportedly did not testify and considered as abuse or defamation of a during his trial for fear of harassment from anti- religion embraced in Indonesia”. Shi’a groups.

Weekly Update Human Rights in Indonesia – 10-03-2014

These provisions have been used to publicly Antasari Azhar — who was found guilty of condemn members of minority faith and beliefs as orchestrating a high-profile murder when leading being “deviant” and to criminalize these individuals the antigraft body — can appeal their convictions particularly those who adhere to interpretations of an unlimited number of times, the Constitutional Islam that are not sanctioned by the government. Court (MK) announced on Thursday. The blasphemy provisions have been used to imprison people for as long as five years, simply The court’s panel of judges decided to grant because they have peacefully exercised their rights Antasari’s request that the court annul Article 268 to freedom of expression and religion or belief. (3) of the Criminal Law Procedures Code (KUHAP) that limits each convict to filing a case review — the final appeal stage in the Indonesian justice Domestic workers system — one time only.

Malaysia Couple to Hang Over The panel of judges, led by the court’s chief justice Hamdan Zoelva, said the single case-review Indonesian Maid’s Death regulation contravened the Constitution, which By Jakarta Globe on 05:03 pm Mar 08, 2014 assures justice and the protection of human rights.

A Malaysian couple convicted of starving their “The court [system], tasked with safeguarding Indonesian domestic helper to death was human rights, must not limit a case review to only sentenced to death by the Shah Alam High Court in one. By limiting the case review request, the court Kuala Lumpur, Malaysia, on Thursday, according to closed the process of finding justice and truth,” reports in local media. said one of the court’s judges, Anwar Usman, who read out the decision. Fong Kong Meng, 58, and his wife Teoh Ching Yen, 56, were sentenced to death by hanging for the The decision was made seven months ago, on July murder of then-26-year-old Isti Komariah, of East 22, 2013, during a meeting led by the court’s then Java. The couple deprived the woman adequate chief justice Akil Mochtar, who is standing trial on food and medication for more than a year, allegations he accepted bribes to fix the results of according to the state-run Antara News Agency. election disputes.

When Isti first started working in the couple’s In 2010, Antasari was sentenced by the South Petaling Jaya home in 2008 she weighed 46 Jakarta District Court to 18 years in prison for kilograms, justice Datuk Noor Azlan Shaari said. By masterminding the murder of businessman the time she died on June 6, 2011 she weighed Nasrudin Zulkarnaen. Nasrudin, a director of state- only 26 kilograms. owned pharmaceutical company PT Putra Rajawali Banjaran, was killed in a drive-by shooting in Law enforcement Tangerang, Banten on March 14, 2009. It is alleged Antasari, who was then at the peak of Justice revisited? his career at the KPK, was having an affair with Nasrudin’s third wife, Rhani Juliani. The Jakarta Post, 07-03-2014 The police found Antasari had conspired with All convicts in the country, including former former South Jakarta Police chief Sr. Comr. Corruption Eradication Commission (KPK) chairman Williardi Wizard, businessman Sigit Haryo

Weekly Update Human Rights in Indonesia – 10-03-2014

Wibisono and middleman Jerry Hermawan Lo, in Police intervenes in corruption the crime. trial The case gave rise to a long public debate, with The Jakarta Globe, 07-03-2014 some arguing Antasari was framed for the murder in an attempt to weaken the KPK. Under his The country’s top cop has criticized legislators for leadership, the KPK made a bold move to their call to force Vice President Boediono to prosecute Aulia Pohan, the father in-law of testify before the House of Representatives about President Susilo Bambang Yudhoyono’s son, Agus a controversial bank bailout in 2008 — even as Yudhoyono. they now demand he be charged and tried.

Antasari, who has persistently maintained his “Only the police have the authority to bring innocence, challenged the ruling by lodging an someone in by force to testify,” National Police appeal with the Jakarta High Court and a cassation chief Gen. Sutarman said at the State Palace in appeal with the Supreme Court, to no avail. Jakarta on Friday. “And that’s only in connection with a criminal case.” In September 2010, Antasari filed a case review later turned down by the Supreme Court’s appeal He said the insistence by a committee of the House council, consisting of presiding judge Artidjo of Representatives, set up to monitor law Alkotsar, Mugihardjo and Suryadjaja. Artidjo noted enforcement probes into the Rp 6.7 trillion ($590 Mugihardjo expressed a dissenting opinion. million) Bank Century bailout, to summon Boediono was groundless. “Such a summons would Separately, former Supreme Court justice Asep have no basis. So we can’t do it,” Sutarman said. Iwan Iriawan, while respecting the Supreme Court’s decision, said “legal uncertainty” may Several outspoken legislators on the committee emerge as a result of the ruling. have renewed their calls for Boediono to testify before the House, following his revelation to “Those who are dissatisfied with a court ruling will investigators from the Corruption Eradication lodge case reviews over and over again. Where will Commission (KPK) late last year that Bank it end?” Indonesia, of which he was the governor during the Criticism of the court’s ruling was also heard from October 2008 bailout of Bank Century, had bent its Wahyudi Djafar, a researcher and human rights own rules to approve the cash injection for the advocate at the Institute for Policy Research and ailing lender. Advocacy (ELSAM). “Aside from fulfilling the rights Boediono last testified in the case before the of the defendants, we must also pay attention to House committee in 2010, and has this year the rights of the victims. Can the victims get back ignored two summonses from legislators to testify their rights if the case can be reviewed several again. times? In the context of human rights, restoring justice for victims cannot be delayed,” Wahyudi Committee members like Bambang Soesatyo of the said. Golkar Party argue that if he ignores a third summons, the House is entitled to ordering him He added the new regulation would lead to a brought in by force. Boediono’s argument for not substantial and continuous amount of case reviews heeding the summonses is that the case is now that would only add to the Supreme Court’s workload.

Weekly Update Human Rights in Indonesia – 10-03-2014 being handled by the KPK and getting him to testify party and the incumbent won by a comfortable is outside the remit of the House. margin.

A third summons has been drawn up by the committee but has not yet been issued, with Police accountability House Speaker Marzuki Alie, from President Susilo Bambang Yudhoyono’s Democratic Party, not New leadership in Indonesian signing it. National Police: fit and proper? But that hasn’t silenced the legislators, with some The Jakarta Post, 01-03-2014 now calling for Boediono to be charged and brought to court, after his name was repeatedly The new head of Police, General Sutarman has mentioned at the indictment on Thursday of Budi appointed Comr. Gen. Badrodin Haiti, who Mulya, a former Bank Indonesia deputy governor currently leads the force’s security maintenance who is the first official to stand trial for his role in division, as the National Police deputy chief amid approving the bailout. concerns about the latter’s wealth and possible human rights violations. Taslim Chaniago, a legislator from the National Mandate Party (PAN), said on Friday that the According to leaked data from the Financial mention by KPK prosecutors of Boediono as a co- Transaction Reports and Analysis Centre (PPATK) conspirator in the case should be more than Badrodin was among 23 police generals who had sufficient to begin criminal proceedings against the suspiciously large bank balances. Tempo magazine vice president. reported that Badrodin owned an insurance policy worth Rp 1.1 billion (US$94,600), which was paid “The PAN’s stance is that now that [Boediono] has for by a third party. been named [in the indictment], he should be dragged to court,” Taslim said. Between January 2004 and July 2005, Badrodin received a money transfer of Rp 50 million per Sarifuddin Sudding, from the People’s Conscience month. In addition to that, his bank account Party (Hanura), agreed. “If he’s been mentioned accepted transfers ranging from Rp 120 million to along with the indicted individual, that means the Rp 343 million. prosecutors have at least two pieces of evidence against him,” he said. “And he was mentioned 65 In 2010, the National Police claimed that 17 of the times, which raises a really big flag. I think it’s 23 accounts were clean but declined to reveal any pretty clear who’s responsible in this case.” details. “We have clarified the allegations surrounding him and the bank account, so there is In their indictment of Budi on Thursday, no problem,” Sutarman1 said. prosecutors said the defendant had “committed corruption along with Boediono” and a host of According to a wealth report submitted by other top BI officials responsible for approving the Badrodin to the Corruption Eradication bailout for Bank Century. Commission (KPK) in 2012, he claimed to have a total wealth of Rp 5.82 billion and $4,000. Critics of the bailout have long contended that it was done to rescue depositors who were major 1 Sutarman himself, when recently being tested in donors to the Democratic Party and the president, a fit-and-proper-test, had suspicious wealth, but ahead of elections the following year that both the that was no problem for his appointment.

Weekly Update Human Rights in Indonesia – 10-03-2014

KPK spokesperson Johan Budi said that Badrodin’s took place after midnight in front of eight prison appointment could “strengthen the police and KPK guards and dozens of prisoners. This murderous cooperation in corruption eradication”. raid by special force soldiers on another arm of the state’s security services starkly highlights just how Meanwhile, the National Commission on Human far Indonesia still has to go in reforming this Rights (Komnas HAM) criticized Badrodin’s particular part of its military. appointment, saying that the general was responsible for an anti-terrorist raid in Tanah Kopassus is Indonesia’s most criticised military Runtuh, Poso, Central Sulawesi, in 2007 that left 17 unit, with a long history of human rights abuses, dead. “He is suspected of taking part in human from involvement in the killings of hundreds of rights violations because as the Central Sulawesi thousands of Communist party members in 1965- Police chief he ordered the raid,” Komnas HAM 67, to brutalities during the occupation of East commissioner Siane Indriani said in a press Timor, and during the various operations in Aceh statement made available to The Jakarta Post. and Papua. Under the New Order regime (1966- 1998) Kopassus was a loyal defender of the In early 2013, the public was shocked by a YouTube president, with Suharto personally grooming the video showing the officers from the police’s commanders and senior officers. In the latter years Densus 88 counterterrorism unit using excessive of his rule, it was at the forefront of attempts to force during the raid. The 13-minute video sparked suppress opposition, including through the outrage with several Muslim groups calling for the abduction and murder of activists. After Suharto’s disbandment of Densus 88. resignation, the unit continued to be involved in human rights abuses. In 2001, for example, National Police Commission (Kompolnas) Kopassus soldiers in Papua province allegedly killed commissioner Hamidah Abdurrahman expected the charismatic pro-independence leader, Theys Badrodin would improve transparency within the Hiyo Eluay. force. “The police deputy chief, in his role as head of the Rank and Promotions Council [Wanjakti], Despite its resulting bad reputation for human must be fair in selecting and promoting officers. rights abuses, one of the most remarkable features Kompolnas has seen too many bright and of the aftermath of the Cebongan killings was an dedicated officers [sidelined by those] who have apparently powerful campaign of support for the connections,” she said. Kopassus soldiers who were tried for the killings. People watching coverage in the national media, Kopassus accountability for example, would have seen many Inside Indonesia, 115, March 2014 demonstrations involving large groups of enthusiastic supporters of the soldiers, suggesting The killing of four detainees in a civilian prison on that many people in Yogyakarta supported the 23 March 2013 in Cebongan in Yogyakarta, and the killers for their ‘courage’ in trying to clean up crime ensuing investigations and trials, have put in the city. But a careful analysis of the campaign in Kopassus, the Indonesian army’s special forces, support of Kopassus reveals a great deal of back in the spotlight. The attack was carried out by orchestration, and what might prove to be only a at least 11 Kopassus soldiers (the actual number temporary alliance of convenience. involved is the subject of conjecture) in revenge for the murder of a plainclothes Kopassus intelligence Read on: http://www.insideindonesia.org/current- officer in a bar. The brazen attack on the prison edition/defending-murder

Weekly Update Human Rights in Indonesia – 10-03-2014

Papua Instead of Indonesia’s head of state participating in the MSG as an observer, Kalosil’s government would rather see the Vanuatu-based West Papua Vanuatu PM Addresses UN on National Coalition for Liberation be given Human Rights in Papua membership to represent the people in Indonesia’s Papua provinces. The Jakarta Globe, 07-03-2014 Last month Vanuatu reiterated its stance on Papua Vanuatu’s prime minister has addressed the United by refusing to join an MSG delegation of foreign Nations, urging a resolution to investigate affairs ministers who visited Papua and Maluku. allegations of human rights violations in Papua. Vanuatu Foreign Minister Edward Natapei told Speaking at the UN Human Rights Council, Prime Radio Australia that he believed the agenda for the Minister Moana Carcasses Kalosil accused the foreign ministers’ meeting had been “hijacked” by Indonesian government of abuses in Papua, and Indonesia. the international community of “neglecting the voices of the Papuan people, whose human rights He added that Vanuatu would only participate if have been trampled upon and severely suppressed the delegation was given the opportunity to meet since 1969.” civil society groups, pro-independence groups, church leaders and other groups concerned with Citing rights abuse findings by the National human rights violations in West Papua. Commission on Human Rights (Komnas HAM) as well as academics and NGOs, Kalosil said Indonesian security forces had carried out a “litany Papuans behind bars of tortures, murders, exploitation, rapes, military At the end of February 2014, there were at least 76 raids, arbitrary arrests and dividing of civil society political prisoners in Papuan jails. through intelligence operations.” (…) Multiple reports this month highlighted large-scale With implied reference to the world’s largest gold military and police operations in Yapen island and and copper mine run by Freeport, Kalosil said “It is Puncak Jaya, resulting in human rights abuses clear that the Melanesian people of West Papua againsts the civilian populations in those areas. were the scapegoat of Cold War politics and were Civilians faced arbitrary arrest, enforced mass sacrificed to gratify the appetite for [Papua’s] evacuations, death threats, indiscriminate shooting natural resources.” and torture by security forces. Homes, churches and schools were targeted and extensively Kalosil, whose speech noted President Susilo damaged in the raids, allegedly on the pretext of Bambang Yudhoyono’s pledge to hold a Papuan uncovering hidden weapons. Two women and six dialogue, has been outspoken in his opposition to children were among those detained during the Indonesia’s participation in the Melanesian raid in Yapen island. Spearhead Group. The MSG is an intergovernmental organization that groups Fiji, View for the complete data: New Caledonia, Papua New Guinea, the Solomon http://www.papuansbehindbars.org/ Islands and Vanuatu for the purpose of political and trade talks.