Thursday, December 30, 2010

Electoral law amendments aim to kill off potential rivals

Kompas - December 30, 2010

Jakarta – The House of Representatives (DPR) for the period 2009-2014 has been deliberating a packet of three political laws, namely Law Number 22/2007 on Election Organisers, Law Number 2/2008 on Political Parties and Law Number 10/2008 on the Election of Members of the DPR, DPD and DPRD. However from the deliberation of these three laws, it is apparent that the DPR is not considering the interests of the nation or the country, but is prioritising the interests of individual parties.

This was conveyed by Indonesia Parliamentary Centre (IPC) Research Division Coordinator Ahmad Hanafi in the IPC's End of Year Report on Wednesday December 29. "Out of the packet of three political laws deliberated by the DPR in 2010, it is very apparent that they have tried to slip the interests of the political parties into the amendments to the laws", he said.

Hanafi said that in the revisions to Law Number 22/2007, the political parties have tried to co-opt organisers by including members on electoral bodies such as the General Election Commission (KPU), the General Elections Supervisory Board (Bawaslu) and the Election Organisers Honorary Council (DKPP).

In addition to this, he continued, in the revisions to the law on political parties, the parties that hold seats in the DPR are attempting to inhibit the growth and development of new parties, yet this is guaranteed under the 1945 Constitution. Meanwhile, Hanafi said, in the amendments on the elections of members of the DPR, the Regional Representatives Council and the Regional House of Representatives, the political parties in the DPR are seeking to maintain their power by ignoring the principles of democracy.

Speaking separately, Social Synergy for Indonesian Democracy (Sigma) Coordinator Said Salahudin said that the DPR, which has been debating one issue in particular in the deliberations on the revisions to these laws, appears to have begun using this as an effective strategy for the political parties in the DPR to push through other amendments that would otherwise have become the focus of public attention.

"This strategy has been successfully applied in the deliberations of the law on election organisers and the law on political parties. Many things in the end have been stolen from us. Now, this will be repeated again in the revisions to the law on elections. In the revisions to the law on legislative elections, there are actually more crucial and principal problems that need to be revised", said Salahudin.

Salahudin said that it is more important to deliberate issues related to the electoral list than the issue of the parliamentary threshold.

Killing off rivals

Speaking yesterday at the parliamentary complex in Senayan, Jakarta, the chairperson of the National Awakening Party's (PKB) Central Leadership Board, Marwan Ja’far said that a drastic increase in the parliamentary threshold is no longer aimed at simplifying the party system but rather an effort to kill of the political parties. Increasing the parliamentary threshold to 5 percent will not be healthy for democracy and will only give rise to a political tyranny.

According to Ja’far, this will also not be healthy for the development of the party system in Indonesia because Indonesia practices a multi-party system. In addition to this, the multi-party system is appropriate for a diverse country like Indonesia.

With a parliamentary threshold of 5 percent, even less parties that will be able to get into parliament. There is concern that this will give rise to a new tyranny, where the state is managed by group of people who can act arbitrarily. (SIE/NTA)

[Translated by James Balowski. The original title of this article was "Revisions to the electoral laws – Political parties not fighting for the nation".]

Wednesday, December 29, 2010

Human rights protection deteriorates further in 2010 - Kontras

Kompas - December 29, 2010

Jakarta – The protection of human rights in Indonesia has further deteriorated over 2010. At an end of year press conference in Jakarta on Tuesday December 28, a team from the Commission for Missing Persons and Victims of Violence (Kontras) concluded that the state's respect for, protection of, and fulfillment of human rights in the judicial field has become increasingly minimal.

In an email, Kontras coordinator Haris Azhar outlined the problems related to the lack of protection for human rights in 2010.

One problem that has become of concern is attacks on human rights and democracy activists with the latest being the murder of a journalist in West South-East Maluku on December 17, the weakness of police accountability with 34 cases of violence resulting in the death of eight people, the poor treatment of political prisoners (cases of violence against South Maluku Republic separatist movement activists) and the failure of the state to guarantee freedom of religion and worship (the many cases of violence committed by groups against people of different faiths).

The other big problem has been violence in Papua (11 cases) and the impunity enjoyed by human rights violators because of the House of Representative's (DPR) low political commitment to resolving these cases.

Kontras gave Indonesia's role in campaigning for human rights in ASEAN a positive score. Reform of the Indonesian military (TNI) meanwhile is homework that to this day, has yet to be completed.

"Kontras welcomes the statement by the new TNI commander-in-chief, Agus Suhartono, when undergoing a fit and proper test at the DPR, [when he] admitted there was still a deficit in the TNI's reform agenda. We agree that there are three deficits in the agenda, namely reform of the territorial command structure, completing the transfer of the TNI's business interests and revision of the military justice system", said Azhar.

The Kontras team concluded that after 12 years of political transformation in Indonesia, four amendments to the Constitution and three general elections, Indonesia is still plagued by problems of violence and the failure to punish the perpetrators of this violence.

The regeneration of the leadership in judicial institutions has failed to bring with it any good news in terms of (legal) efforts to protect victims and vulnerable groups in Indonesia.

As outlined above, this sense of insecurity and lack of guarantees has in fact been caused by state institutions and officials. The police are the institution has been most dominant in exhibiting a disposition of violence and discrimination in 2010. (ONG)

[Translated by James Balowski.]

Friday, December 24, 2010

House of Representatives, between Setgab and the high cost of politics


Kompas - December 24, 2010
 
M Hernowo and Anita Yossihara – The Joint Secretariat (Setgab) of political parties supporting the administration of President Susilo Bambang Yudhoyono. This was one of the important political "breakthroughs" in 2010, and the controversy surrounding it has continued to this day.

When revealed to the mass media in early May this year, then Democrat Party faction chairperson Anas Urbaningrum described it as a brilliant political initiative on the part of President Yudhoyono. The Setgab would be a place to discuss and agree on issues and strategic agenda, which would then be implemented by the political party coalition members.

In theory, the Setgab does hold an extraordinary powers, being able implement all strategic agenda that they have agreed on. The group is headed up directly by Yudhoyono and Golkar Party General Chairperson Aburizal Bakrie as the managing chairperson. With a membership comprising six political parties, namely the Democrat Party, the Democrat Party, the Golkar Party, the Justice and Prosperity Party, National Mandate Party, United Development Party (PPP) and the National Awakening Party, the Setgab control 423 out of 560 seats in the House of Representatives (DPR), or 75.5 percent.

A number of Setgab decisions have also become reality in the DPR, such as that taken at a Setgab meeting on September 21. Setgab secretary Syarifuddin Hasan from the Democrat Party announced that the Setgab supported the national police (Polri) chief and armed forces (TNI) chief candidates proposed by President Yudhoyono. On the selection of a new Corruption Eradication Commission (KPK) head to replace former chairperson Antasari Azhar, PPP faction secretary Romahurmuziy said the Setgab supports the older of the two candidates.

Both statements became reality. President Yudhoyono's nomination of Admiral Agus Suhartono as the next TNI chief and Police General Timur Pradopo as the next chief of Polri were both automatically accepted by the DPR. Busyro Muqoddas, who was born in 1952, also defeated Bambang Widjojanto (born in 1959) in the selection of the new KPK chairperson.

Before being taken before the DPR, a number of problems were also discussed beforehand in the Setgab. Before the government submitted the Draft Law (RUU) on the Special Status of Yogyakarta to the DPR on December 16, the Setgab had already held a meeting to discuss the matter with Home Affairs Minister Gamawan Fauzi on December 9.

The six political parties that currently make up the Setgab's membership also fill all the positions on the DPR's Honorary Council (BK) in the aftermath of the unresolved conflict on the DPR's oversight body. This is because the Indonesian Democratic Party of Struggle (PDI-P) faction, which should hold the chair of the BK withdrew its two members and has not replaced them. The Greater Indonesia Movement Party (Gerindra) and the People's Conscience Party (Hanura) were not allocated positions on the BK.

After the Setgab was established and Sri Mulyani Indrawati resigned from her position as Finance Minister to become a managing director with the World Bank, a full resolution into the Rp6.7 trillion Bank Century bailout case, which created such an uproar in the DPR, also now seems unlikely.

"In the Bank Century case, the DPR killed off its own authority. The DPR failed to respect the decision that it made itself in the case," said Yudi Latif from the Reform Institute. On March 3, the DPR decided that among other things, there was alleged misuse of authority in the Bank Century case.

The end result of all this said Latif, is that 2010 became the year of political collapse. This occurred because it is as if politics as an instrument of joint problem solving lost its way because it is controlled by parties that are dictated to by their members on the Setgab.

In the shadow of Setgab

This collapse of politics in the DPR is becoming increasingly more tangible. The DPR's political actions are being overshadowed by the "interests" that emerge in the Setgab. Many decisions taken by the DPR have already been decided beforehand in the Setgab. Yet the Setgab is not a body regulated under law while the DPR is clearly regulated under the 1945 Constitution.

At the same time, DPR members endeavour to take maximum advantage of their positions to foster material benefits and secure political positions. As well as this being caused by their unclear future political careers, this has also been triggered by the high cost of politics.

Romahurmuziy related how the campaign costs for DPR members in the 2009 elections were between 300 million and 10 million rupiah. The average monthly income of a DPR member meanwhile stands at 70 million rupiah, so over a five year period they received 4.2 billion rupiah.

This situation has given rise to several odd proposals in the DPR over 2010, such as the 15 billion rupiah aspiration fund for each DPR member, the 1.2 trillion rupiah construction of a new DPR building and the disbursement of 1 billion rupiah for each village in the country.

Moreover the Setgab was also used as a bargaining position to push through these "exotic" proposals by DPR members. DPR Deputy Speaker Priyo Budi Santoso from the Golkar Party once stated that the party has begun to consider leaving the Setgab because they felt abandoned over the aspiration fund proposal for each DPR member.

In a situation such as this, it is not strange then that almost all of the DPR's working targets for 2010 failed to be met. In the case of legislation for example, out of the 70 draft laws in the 2010 national legislation program (Prolegnas), only eight were able to be ratified into law.

Ironically, by the end of 2010, no efforts were visible to improve the DPR's performance. The Prolegnas target for 2011 still stands at 70 draft laws. Efforts to limit political costs through clear and detailed regulations do not appear to have been seriously pursued yet. The DPR also appears unwilling to uphold the DPR's internal code of ethics, as can be seen from the failure to resolve the conflict within the DPR's honorary council.

It is not strange therefore that in the end disappointment with the institution and members of the DPR has continued because reform it seems, is still a long way off for the parliament...

[Translated by James Balowski.]

Outsourcing sees permanent jobs in formal sector drop to 35 percent

Kompas - December 24, 2010

Jakarta – The number of permanently employed workers in the formal sector is steadily declining and currently stands at only 35 percent of all formal workers. This has occurred in concert with Law Number 13/2003 on Labour (UU No 13/2003), which allows for the employment of contract labour from other companies, or outsourcing.

In Jakarta on Thursday December 23, the general chairperson of the Confederation of Prosperity Labor Unions (KSBSI), Rekson Silaban, said that out of the 33 million workers in the formal sector, only 35 percent have the status of workers or permanent workers.

Indonesian Employers Association (Apindo) General Chairperson Sofjan Wanandi was shocked by the data. "That means that the number of permanent workers is steadily declining. Prior to UU No 13/2003 coming into effect, the number of permanent workers in the formal sector was 67 percent", said Wanandi.

He explained that this situation has occurred because prevailing legislation allows it. "I once asked an employer, why so much outsourcing? They replied, why not it's allowed under law. This is a gloomy reflection on the end of the year", said Wanandi.

The way to end outsourcing, said Wanandi, is by revising the labour law. The Indonesian Institute of Science (LIPI) is currently putting together a draft revision to the law. This was on the request of three parties, namely employers, the government and workers. "So, if there is a draft circulating at the moment, it's bogus", said Wanandi.

Yesterday, the PT Telkom Indonesia Outsourced Employees Association, through a written statement, asked the state-owned telecommunication company PT Telkom Indonesia to temporarily stop cooperating with PT Intracotama Daya Perdana, in this instance PT Mitra Nusantara Fonindo, as the outsourcing service provider to PT Telkom.

The request was related to the dismissal of 141 employees on March 22 without the obligatory payment of employees' normative rights in accordance with the labour law.

Silaban also revealed that 75-80 of cases related to workers' severance pay in the Industrial Relations Court end in negotiations. "Meaning, workers loose out because they accept lower severance pay that regulated by UU No 13/2003," he said. (idr)

[Translated by James Balowski.]

Thursday, November 25, 2010

Workers in Java and Sumatra protest low wages, arbitrary dismissals

Liputan 6 SCTV - November 25, 2010

Liputan6.com, Yogyakarta – Scores of workers in the Central Java city of Yogyakarta from the Security Employees Union (SPK) and the United Indonesian Labour Movement (PPBI) demonstrated at the Yogyakarta mayor's office on Thursday afternoon, November 25. They were demanding wage improvements.

Unfurling banners the demonstrators also urged the government to abolish contract labour systems and defend the Indonesian working class. They also said that the administration of President Susilo Bambang Yudhoyono has ignored the plight of Indonesian domestic workers. The foreign exchange heroes [as the government refers to them] are simply being sent off without guarantees or protection.

In the East Java provincial capital of Surabaya, students and workers demonstrated in front the Negara Grahadi building where they opposed the Surabaya city minimum wage for this year, which they consider unreasonable. The demonstrators also urged East Java Governor Sukarwo to immediately revise the 2011 minimum municipal wage.

In the North Sumatra city of Medan, scores of dismissed workers pelted the North Sumatra Regional House of Representatives (DPRD) office with rotten eggs. The former PT WRP Buana Multicorpora employees said that that the people's representatives (legislators) had failed them in dealing with the problem of workers who have been arbitrary dismissed.

The protest action continued for around one-and-a-half hours. Unfortunately, their demands were not realised. (WIL/SHA)

[Translated by James Balowski.]

Friday, November 12, 2010

Rights activists disappointed by Papuan military tribunal verdict

Kompas - November 12, 2010

Jakarta – Rights activists have expressed disappointment over the Cenderawasih Regional Military Command (Kodam) military tribunal's verdict in the case of the Papuans that were tortured in Tingginambut, Puncak Jaya regency, a video of which was circulated via YouTube not long ago.

Speaking in Jakarta on Thursday November 11, the coordinator of the Commission for Missing Persons and Victims of Violence (Kontras), Haris Azhar expressed his regret that the trial process was forced through. The National Human Rights Commission (Komnas HAM) he said, should conduct and independent investigation and that the case should be tried by a human rights court.

Papuan Presidium Council Secretary General Thaha Al Hamid also expressed regret that it was not revealed whether or not the people that were tortured were actually members of the Free Papua Organisation (OPM).

On Thursday, a judge at the Cenderawasih XVII Kodam III-19 military tribunal handed down sentence of five months in jail against master private Syahmin Lubis, second private Joko Sulistyono and second private Dwi Purwanto. The sentences were heaver than the three months demanded by the prosecutor.

The soldiers were found guilty of violating Article 103 of the Military Criminal Code in connection with Article 56 of the Criminal Code, namely violating the orders of a superior and failing to obey an official order to treat members of the public correctly.

Infantry Second Lieutenant Cosmos, who gave the order, was sentenced to seven months in jail for violating the same articles. This sentence was heaver that the three months initially demanded by the prosecutor. "This is in fact a problem of view point. Jakarta still views Papuans as the enemy," said Hamid.

Kontras believes that the verdict ignored the testimonies of the victims, namely Goliat Tabuni, K. Wenda and Tives Tabuni. The sentences will also not secure responsibility from the military command. "This is evidence that the mechanism of military courts is unable to provide a sense of justice for the victims and the public and is far from human rights standards", said Azhar.

Separately, the Army's elite Special Forces (Kopassus) has been accused of spying on religious figures in Papua. This was revealed by US journalists Allan Nairn in his blog on November 9. On his blog, Nairn also attached copies of a Kopassus Kotaraja military post quarterly report and a daily report.

Army information office chief Brigadier General Widjanarko said that they will conduct an evaluation in connection with the leak of the documents. (EDN)

[Translated by James Balowski. The original title of the report was "Papua torture video – a disappointing verdict".]

Wednesday, November 10, 2010

Rights activists oppose Suharto's nomination as national hero

Kompas - November 10, 2010

Jakarta – On Tuesday November 9 activists from the National Human Rights Commission (Komnas HAM) and other organisations working against violence and crimes against humanity visited the Coordinating Ministry of Political, Legal and Security Affairs (Kemko Polhukam) on Jl. Medan Merdeka Barat, Central Jakarta.

The visit was to oppose former President Suharto's nomination as a national hero. The activists, who waited for around an hour, failed to meet with any ministry officials to present the petition.

"We were not received by Kemko Polhukam staff for an audience. Yet not long ago the Coordinating Minister for Political, Legal and Security Affairs was kind enough to receive us. We oppose plans to give the title of hero to former President Suharto because of the many human rights violations he left behind," said Kontras Coordinator Haris Azhar and the grouping of non-government organisations.

According to Azhar, it is more important to expose the stalled legal efforts to address human rights crimes that were allegedly committed by Suharto and his cronies. This is especially so because many of those who allegedly committed systemic crimes are still alive today. The exposure of these crimes will prove whether or not those concerned are fit to receive the title of national hero.

Sumarsih, a family member of a victim of human rights violations said that Suharto does not meet the criteria of moral integrity required to receive the title of hero. "Suharto does not meet the criteria of providing an example and shed much blood from the beginning to the end of his leadership. He also cannot be said to have rendered a service [to the country] because the physical development pursued [under his administration] created fertile ground for corruption", she said.

Bejo Untung from the Institute for the Study of the 1965-1966 Massacres (YPKP 65) explained that the nomination and selection of Suharto as a hero would be an insult to common sense.

The activists cited a series of crimes against humanity that Suharto has been accused of including the incarceration of political prisoners on Buru Island (1965-1966), the mysterious shootings involving the extrajudicial execution of alleged criminals (1981-1985), the Tanjung Priok massacre of Muslim protesters (1984-1987), the Talangsari Lampung massacre of Muslim villagers (1984-1987), the Military Operational Zone (DOM) in Aceh (1989-1998), the DOM in Papua (1963-2003), the July 27 attack on the Indonesian Democratic Party headquarters (1996), the abduction and forced disappearance of activists (1997-1998), the fatal shooting of Trisakti University students (1998) and the May 13-15, 1998 riots in Jakarta. (ONG)

[Translated by James Balowski.]

Workers mark Obama visit with protest against labour law revisions

Metrotvnews.com - November 10, 2010

Jakarta – Several moments before the arrival of US President Barack Obama in Jakarta on the afternoon of Wednesday November 10, thousands of workers held a protest action demanding the cancellation of planned revisions to Law Number 13/2003 on Labour, which they say will harm workers.

During the action, the workers "occupied" Jl. Medan Merdeka Barat in Central Jakarta and as a consequence, traffic heading north from the Hotel Indonesia traffic circle to Harmoni was brought to a complete standstill.

Several demonstrators also forced Transjakarta busses coming from Harmoni in the direction of Sudirman to stop in order to attract the attention of officials, so police would open access to the road in front of the State Palace. This created tensions between the workers and police.

After maintaining their position for several hours along a stretch of Jl. Medan Merdeka Barat, police finally opened access to the road and allowed the demonstrators to protest in front of the Palace.

During the action, the demonstrators demanded that the revisions to the labour law be cancelled because it will inflict severe financial harm to the working class, which is still not prosperous. Before ending the action, the protesters set fire to a coffin to symbolise the death of workers' future. (RIE)

[Translated by James Balowski.]

Tuesday, November 9, 2010

Papuan students demand closure of Freeport mine

Detik.com - November 9, 2010

Moksa Hutasoit, Jakarta – At least 30 people from the Papuan Student Alliance (AMP) demonstrated in Jakarta on Tuesday November 9 demanding that the PT Freeport Indonesia mine in Papua be closed.

The action was held immediately in front of the PT Freeport Indonesia office at Plaza 89 on Jl. HR Rasuna Said in Kuningan, South Jakarta.

The protesters brought posters with messages such as "Close Freeport" and "F*ck You Freeport". One demonstrator, who appeared bare chested and only wearing underpants, walked round and round in a circle shouting "Close Freeport".

The protesters then sat down cross-legged spilling over onto the slow lane from Mampang to Kuningan. As a consequence, traffic in the direction of Kuningan ground to a halt. Vehicles stuck in the slow lane were forced to stop and wait and when two determined motorbike riders tried to force their way through the protesters became angry.

After a request by police however, demonstrators cleared a small portion of the road for motorbikes and drivers were finally able to pass. Cars meanwhile were redirected to the fast lane in front of the Justice and Human Rights Department.

The action proceeded peacefully watched over by scores of police officers.

[Slightly abridged translated by James Balowski.]

Papuan students reject Obama visit, demand closure of Freeport

Tribunnews.com - November 9, 2010

Alie Usman, Jakarta – Scores of Papuan students from the Papuan Student Alliance (AMP) have again protested against the visit by US President Barrack Obama who is scheduled to arrive this afternoon. They are urging and calling on Obama to cancel his visit to Indonesia.

The protesters, who gathered in front of the Freeport office in the Kuningan area of South Jakarta, plan to continue holding actions by closing off one lane of Jl. Rasuna Said. In addition to rejecting Obama's visit, the protesters also demanded that the PT Freeport Mc Moran Gold & Cooper mine in Papua be closed immediately.

Action coordinator Rinto Kogoya said that the various problems occurring in Papua need to be understood in the context of the interference by and role of foreigners, particularly the US, which continues to exploit Papua's riches and as the cause of crimes against humanity in Papua.

"Our aim is clear, we are demanding that Freeport be closed. Then sever bilateral relations with America in the military field. On this occasion we are also declaring our opposition to Obama's visit, which will not provide anything for the reform of America".

In speeches, they also urged the Indonesian government, the US and the United Nations to take responsibility for the political conspiracy that took place in 1969. Not only that, as an expression of their disappointment with the country and also against the US, they called on the government to end bilateral cooperation with the US in the military field.

[Translated by James Balowski.]

Wednesday, October 13, 2010

Student intervention at 'elite activist' meeting end in chaos

Tribunnews.com - October 13, 2010

Alie Usman, Jakarta – A meeting organised by the Muhammadiyah Youth Association to address problems of the state and nation, which presented figures such as Rizal Ramli and Romo Magnis Suseno at the Muhammadiyah Central Board office in Jakarta, has ended in chaos.

Scores of students claiming to be from various student movement groups suddenly brought the event to a halt by holding speeches in front of the meeting that was still taking place.

Mutiara Ika Pratiwi from the Student Struggle Center for National Liberation (PEMBEBASAN) suddenly called for an interruption then stood up on the side of the podium shouting her disappointment because Ramli, who according to the students is part of the political elite, was one of the speakers and pretending to be part of their movement.

The action by the youth group claiming to be a student organisation succeeded in causing temperatures to rise. After arguing and pushing and shoving each other for a moment, the event organising committee finally decided to evict the group from the meeting room.

"We only [wanted] to convey a message. The ordinary people do not trust the elite. Rizal Ramli and all of these people are lackeys of the elite that should not be promoted as leaders here", shouted Pratiwi as she was forced out by three heavily built committee members.

The chaos, which had continued for several minutes, was finally brought under control by committee members after participant ended up pushing and jostling one another and the group of students was forced to leave the meeting room.

Once outside, the student group did not leave immediately but instead unfurled small banners condemning different political figures such as former Vice President Jusuf Kalla, Ramli and former President Megawati Sukarnoputri, who they consider nothing more than part of the tangled network of power in Indonesia.

"It is time for youth groups to take over. No more those who are considered leaders yet are all as rotten as each other. This is not disunity of youth groups, we just want to warn our friends here to be selective about promoting people", said one of the other students.

[Translated by James Balowski.]

Workers say Yudhoyono little more than foreign puppet, time to step down

Indowarta - October 13, 2010

Jakarta – The administration of President Susilo Bambang Yudhoyono (SBY) and Vice President Boediono is already facing a heavy challenge as it approaches the first year of its second term in office on October 20.

The reason being that student, worker and urban poor organisations are already preparing to take to the streets to demonstrate at the State Palace with the demand "SBY step down!".

The Workers Challenge Alliance (ABM), according to coordinator Budi Wardoyo, has already carried out a series of consolidations to gather together workers to take to the street along with students and ordinary people to coincide with Yudhoyono and Boediono's first year.

"Our preparations have not just been carried out in the greater Jakarta area, but also in Yogyakarta [Central Java], Surabaya [East Java], North Sumatra, East Kalimantan, Makassar [South Sulawesi], Ternate [North Maluku] and other cities. We will hold actions at symbols of power, Regional House of Representatives as well as local government offices", he said

In Jakarta, continued Yoyok – as Wardoyo is called – it is estimated that tens of thousands of demonstrators from labour, student and urban poor organisation will hold an action that will culminate at the State Palace.

"We no longer trust SBY, we no longer trust the parliament to carry out an impeachment. We do not want this people's movement to be taken over by the parliament. Essentially, the people do not trust SBY-Boediono or the parliament", he exclaimed.

Yoyok said the reason for this is that up until now Yudhoyono and Boediono have been little more than foreign puppets, so they have to be overthrown by a people's movement.

During the planned action, workers will be rejecting revisions to Law Number 13/2003 on Labour and the privatisation of state-owned industries, demanding the development of the national industry and the nationalisation of mining and gas industries under the control of the people, opposing low wages and calling for free education and healthcare (imam)

[Translated by James Balowski.]

Monday, October 11, 2010

Without checks and balances, house becoming a rubber stamp

Kompas - October 11, 2010

Jakarta – The mechanism of checks and balances that should be carried out by the House of Representatives (DPR) over the government is progressively disappearing. The DPR has now simply become a kind of "stage performance" because all policies are now fully discussed and decided on at the Joint Secretariat (Setgab) of coalition political parties supporting the government that control the majority of seats in the parliament.

This view was conveyed by Social and Political Science Faculty educator AAGN Ari Dwipayana from the Gadjah Mada University in Yogyakarta, Central Java, when contacted from Jakarta on Sunday October 10. "The DPR has now become a performance arena for political maneuvers", he said.

The two most recent example of this was a Setgab agreement to support whoever is nominated by the president as the candidates for the next Indonesian military commander-in-chief and national police chief.

Since the Setgab was formed on May 6 this year and chaired by President Susilo Bambang Yudhoyono, almost all policies that have been determined and decided upon by the parliament were first discussed at the Setgab. Moreover, not infrequently the decisions taken by the parliament are decisions that have already been agreed to earlier by the Setgab.

Policy making no longer involves all members of parliament, but just a handful of the political party elite that are members of the Setgab. Policy decisions by a handful of the elite indicate the emergence of a new oligarchy.

Moreover the involvement of the public or society as a consideration in policy making has unfortunately, almost disappeared. Yet ideally, society should also be involved in policy making. "Democracy demands not just formal public representation, but also substantive [representation]. The public should be directly involved in policy making. The public's aspirations are being stunted," said Dwipayana.

It is because of this that Dwipayana believes that the relationship that is currently being built between the parliament and the government is a collaborative relationship. The DPR simply safeguards government policies without considering the public's wishes. The mechanism of checks and balances that should be carried out by the parliament has also disappeared.

Social and Political Science Faculty educator from Airlangga University in Surabaya, Airlangga Pribadi, added that the DPR appears to have been neutralised because the composition of the political parties supporting and opposing the government is unbalanced. The forces supporting the government are stronger, namely six out of the nine political parties in parliament.

This situation results in policies and government proposals being easily agreed to by the DPR. "The forces supporting [the government] are stronger so the president's policies are easily to get through," he said.

And it is not just the parliament that has been neutralised. Pribadi also believes that the president has lost his prerogative right. The reason, he alleges that there is interference by the Setgab in decision making, including decisions that should be the prerogative right of the president. (NTA)

[Translated by James Balowski.]

Friday, October 8, 2010

Labour law revisions will herald 'new form of slavery': Labour activists


Berita Jogja - October 8, 2010

Labour activists from the Workers Challenge Alliance (ABM), the Yogyakarta Labour Alliance (ABY), the Greater Jakarta Labour Federation of Struggle (FBPJ) and the United Indonesian Labour Movement-Security Employees Union (SPK-PPBI) explicitly opposed further labour liberalisation.

This was conveyed during a public discussion titled "The Fate of Workers under Revisions to Law Number 13/2003 and Solutions for the Indonesian Labour Movement", which was held at the Atmajaya University faculty of law conference room in Jakarta on Tuesday afternoon, October 5.

During the discussion, the representatives from the respective labour groups explained their perspectives in relation to proposed revisions to Law Number 13/2003 on Labour. The ABM, ABY, FBPJ and SPK-PPBI are concerned that these revisions will harm workers bearing in mind that the existing labour law already favours investors.

"It is as if the government and investors are still dissatisfied with the [existing] oppression of workers", said ABM member Budi Wardoyo. The existence of work contracts for a specified periods (PKWT) and employment contracting agreements (PPP) in the current labour law have already destroyed workers' job security. Moreover in the planned revisions, the regulations on these matters will further benefit investors.

This includes Article 59 on PKWT that will be liberalised further, Article 65 on PPP, Article 142 on the right to strike that will make things more difficult for workers, and Article 156 that will further reduce severance pay. "This is a new form of slavery" said ABY General Secretary Kirnadi.

John Silaban from the FPBJ's department of organisational development even said that the current labour law is against the 1954 Constitution, specifically Article 27 Paragraph 2. This article states that all citizens have the right to gainful employment and a reasonable livelihood as human beings. Silaban believes that Law Number 13/2003 undermines these rights. Yet the state should be siding with workers whose position is weak because they do not own the means of production.

It is as though the state has relinquished its responsibility by leaving disputes between workers and investors to the Industrial Relations Court (PHI). "The state has now become just an arbiter, yet it is clear that workers are in an unequal position. Even more so when the state sides with investors," said Wardoyo. Wardoyo also believes that the planned revisions to the labor law are a move by the government to facilitate capital investment.

Conversely, PHI judge H. Mohammad Hono Sejati believes that Law Number 13/2003 already favours workers. According to Sejati, the current labour law is faster, more effective and cheaper than previous regulations. On the other hand however, he believes that the law still needs to be revised. "[But] Personally as a human being I also don't agree with labour liberalisation", he said. [Azhar, Gading]

[Translated by James Balowski. The original title of the report was "Workers reject labour liberalisation".]

Monday, October 4, 2010

It is as though the state has ceased to exist


Kompas - October 4, 2010

Jakarta – It is as though state has no presence any more. Thus was an assessment by Constitutional Court Chief Justice Mahfud MD in depicting the endless cases of violence in this country. Law enforcers, which it would be hoped are the means to resolve social conflicts, instead generate injustice.

This injustice does not just occur in the law enforcement agencies' treatment of the public and those in power/businesspeople, but also in court verdicts. Many ordinary people who are forced to commit crimes are given heaver sentences that the perpetrators of corruption who clearly harm the country.

Indonesian Islamic University (UII) legal sociologist Suparman Marzuki from Yogyakarta, Sunday (3/10), conceded that the widespread mass violence of late is caused by an accumulation of disillusionment among ordinary people over the failure to uphold formal law. People then seek their own solutions because the law in this country does not resolve problems. "Law enforcement institutions' resolution methods in fact give rise to new problems, new injustices, and new forms of violence", he said.

This disillusionment further accumulates because as well as experiencing injustice in the judicial system, said lawmaking body deputy chairperson Masdar Farid Mas'udi from the Islamic mass organisation Nahdlatul Ulama, ordinary people are also suffering from economic difficulties. Unemployment and poverty levels in the country remain high and this problem cannot be resolved overnight, but requires that concrete steps be taken by the government.

Moreover, this injustice becomes even more palpable if the suspicions by National Land Agency (BPN) head Joyo Winoto are true. At a meeting with Kompas editorial staff last week, Winoto estimated that 56 percent of the country's assets are controlled by just 0.2 percent of the population. "[Although] this data could still be reexamined," he said.

The BPN however does indeed note that farmers' control over land in this country is steadily declining. Conversely, there are 7.3 hectares of land owned by companies that have been left abandoned.

This situation, said sociologist William Chang, gives rise to social frustration in society (Kompas, October 1). This condition is worsening further because state officials are not improving, but rather are acting in a corrupt manner and worsening the situation.

"Public officials that are corrupt, dirty, destructive, and have no commitment to fighting for the ordinary people, must be removed. Leaders must be firm and have the courage to replace them with people who are clean, have integrity and are prepared to sacrifice themselves for the sake of national improvement", added William.

Golkar Party advisory board chairperson Akbar Tandjung concedes that the violence that has been occurring of late is cased by social unrest. The factors that trigger this are very diverse. "Conflicts cannot possibly be avoided so they must be managed lest it disrupt the principles of living together", he said.

Mending their ways

Mahfud admits to being surprised at how the cases of violence in the country can drag on. He gives as an example residents of the Ahmadiyah religious sect in Mataram, Lombok Island, who to this day are still displaced. "This is a persons' basic right. Imagine if you were treated like that, thrown out of your own house. Leaving out of fear. It is as if there is no state there", he said.

He also suspects that the prolonged cases of violence in society are caused by a lack of firmness on the part of law enforcement officials, yet the regulations are clear.

Marzuki is asking the government to fix law enforcement institutions such as the Attorney General's Office and the national police, along with their internal culture. The police as the gateway of criminal justice are still dominated by a culture of militarism and power.

"The cultural transformation of the police has been very slow. Every single problem is overcome with violence, by arresting and silencing people. This kind of culture must be fixed. [Problem] resolution must pay attention to the context and its variables", he said.

Conversely, Masdar believes that curing law enforcement and the elite of behaviour that hurt the people's feelings is a short-term solution that must be carried out immediately in order to overcome the recent spate of violence. Without these two things, he worries that the people will become even more frustrated and violence will spread and become difficult to overcome.

According to Masdar, the roots of the recent violence are caused by three things, which include economic difficulties that are increasingly bearing down on the people, the poor example set by the elite and weak law enforcement.

"When some of the people are finding life difficult, precisely at the same time the people see many officials misusing authority, being corrupt, and enriching themselves, without concern for the people who they should serve. This is worsened by weak law enforcement and hurting the people's sense of justice", he said.

In order to overcome this problem, strong efforts are needed by various parties over a long period. Because of this, what must be done most immediately is taking firm action against the perpetrators of unrest and changing the character of leadership between the national elite. All of the political elite and the government must improve themselves by mending their ways nationally.

"All public officials must ask for forgiveness and mend their ways. Conscious life is not forever. They must realise, God who they refer to in oaths and promises will ask for accountability", said Masdar.

Once again he warned, "Public officials are given authority and are paid a salary by the people not to lie to and hurt the people's feelings. They must protect rights and serve the people".

In the same vein, William also said, "What is needed is to carry out a total clean up of officials from the central [government] down to the regions. Indonesia's population is more than 230 million people and there are many daughters and sons of the nation that are clean and have integrity".

People's welfare

House of Representatives (DPR) speaker Marzuki Alie is calling on the government, the business world and other components of the nation along with the DPR and other institutions to accelerate the realisation of improving the people's standard of living. This is important to prevent social frustration in society and eliminate the violence that has been spreading up until now.

People's welfare can be created by improving the economy through creating as many employment opportunities as possible and law enforcement. "Now it is how to accelerate the achievement of people's welfare by overcoming poverty and minimising unemployment. There is no other way except increasing economic growth as much as possible accompanied by even distribution that is a just as possible", said Alie.

According to Alie, this is not just the obligation of the government and the DPR, but rather is also the responsibly of the business world and society, not to mention that up until now there is still much national potential, including youth, which have been overlooked. (ato/nwo/ana/har/why/tra)

[Translated by James Balowski.]