FPI reports Miss Indonesia to police for wearing hammer-and-sickle T-shirt

Merdeka.com - February 27, 2015

Parwito – The Solo chapter of the Islamic Defenders Front (FPI) accompanied by leading members of the Boyolali branch of the Pancasila Youth (PP) visited the Central Java regional police headquarters on Friday to report Miss Indonesia 2015, Anindya Kusuma Puteri, to police.

The FPI is accusing Miss Indonesia, who originates from East Java, for influencing and spreading communist ideas after she uploaded a photo of herself wearing a red T-shirt with a picture of the hammer-and-sickle on it.

According to FPI Solo coordinator Raya Khoirul RS, by wearing a red T-shirt with a picture of the hammer-and-sickle on it, which is a symbol of communism, Miss Indonesia is spreading communist ideas.

"Because the PKI [the outlawed Indonesian Communist Party] is a danger in Indonesia and truly is on the rise. And now also there is Miss Indonesia 2015 who is being widely discussed by the media in Indonesia. Our official report is because this involves Central Java as well. In legal terms it will be discussed by my attorney later", said Khoirul when Merdeka.com ran into him at the Integrated Police Service Centre (SPKT) on Jl. Pahlawan in the Central Java provincial capital of Semarang on Friday February 27.

The attorney for the Greater Solo FPI, Pongky Yoga Wiguna, explained to journalists that wearing communist paraphernalia violates Law Number 27/1999 prohibiting the use and development of communist teachings in Indonesia.

"We are here because Miss Indonesia is alleged to have worn communist paraphernalia. Because this is suspected to violate Law Number 27/1999 prohibiting the use and development of communist ideas in the territory of the Republic of Indonesia. This could carry a sentence of a maximum of 12 years in jail", he explained.

In addition to this, one of the FPI's visions and missions is ensuring that communist ideas do not develop in Indonesia. Because of this therefore, Wiguna hopes that firm action will be taken against Miss Indonesia and that all those concerned be questioned as soon as possible.

"One of the [reasons] it violates the law is because communists don't recognise God. We hope that this will be deemed as violating criminal provisions so it can be processed and that firm action is taken against all those concerned, the perpetrators. In accordance with prevailing laws in Indonesia", he concluded.

Notes

In a separate article Merdeka.com reported that Anindya Kusuma Puteri said in a press conference that she was given the T-shirt by Vietnamese friends who she knew from a student exchange program. Anindya defended the photograph saying that she had not intended to support any particular ideology and that she feels that there should be tolerance for the diverse ideas that exist in the world. She has since deleted the photo that was uploaded over five months ago.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was FPI polisikan Puteri Indonesia karena pakai kaos gambar palu arit.]

Source: http://www.merdeka.com/peristiwa/fpi-polisikan-puteri-indonesia-karena-pakai-kaos-gambar-palu-arit.html.

Local mob backed by TNI and police disband meeting of 1965 massacre victims

Harian Terbit - February 22, 2015

Jakarta – The Commission for Missing Persons and Victims of Violence (Kontras) has slammed the disbanding of meeting of victims of human rights violations in West Sumatra on Sunday February 22.

The event, which was attended by victims of the 1965/66 killings, was closed down by hundreds of residents of the Bukik Cangan Kayu Ramang village and security personnel from the TNI (Indonesian military) and the Bukittinggi district police at 10.30am.

Kontras coordinator Haris Azhar said that the meeting of 1965/66 victims was also commemorating the 15th anniversary of the West Sumatra branch of the Institute for the Study of the 1965-1966 Massacres (YPKP 65). However the event had not even started before it was closed down by the mob and security personnel. This is despite the fact that it was attended by representatives from Kontras, the National Human Rights Commission (Komnas HAM), the National Commission on Violence Against Women (Komnas Perempuan) and the Witness and Victim Protection Agency (LPSK), who were to hold a meeting with the victims.

As a result, more than 200 victims of 1965/66 that were attending the event suffered intimidation and violence in the form of threats, abuse and insults as well as being forced out of the venue by being pushed and pulled by residents.

As a consequence of this action, several of the victims who are aged between 65-90 years old suffered shock and fainted at the scene", said Azhar in a written message on Sunday evening.

According to Azhar, over the last year, Kontras has recorded three such incidents that were accompanied by intimidation and attacks against victims of the gross human rights violations in 1965/66. On February 16 last year a meeting of 1965/66 victims in the Central Java provincial capital of Semarang was broken up by the Anti-Communist Front (FAKI).

In addition to this there was the closure of screenings of the Joshua Oppenheimer film Senyap (The Look of Silence) in the East Java city of Malang and the Central Java city of Yogyakarta.

A screening held at the offices of the Alliance of Independent Journalists (AJI) and the faculty of social and political sciences at the Gajah Mada University (UGM) in Yogyakarta in December was also closed down.

"These forced closures, which are being accompanied by the involvement and tacit support of police, clearly violates Articles 28E Paragraphs 3 and 28F of the 1945 Constitution on the right of citizens to gather, associate and express an opinion", said Azhar.

Azhar believes that the repetition of such incidents clearly shows that the government is failing to safeguard the rights of its citizens, in this case the victims of 1965/66 and their families along with members of the public that have an empathy with past human rights violations.

Moreover the repetition of such incidents at the beginning of the administration of President Joko "Jokowi" Widodo confirms that the state's commitment to fully guaranteeing citizen's rights, in this case the victims of gross human rights violations, allowing with the repeated promises to do so in Jokowi's mission statement, have not been implemented at all.

"We call on the police to take firm action against the perpetrators of this forced closure", he asserted. (Safari)

[Translated by James Balowski for the Indoleft News Service. The original title of the report was "KontraS Kecam Pembubaran Paksa Acara Temu Korban Pelanggaran HAM".]

Source: http://www.harianterbit.com/2015/read/2015/02/22/20227/25/25/KontraS-Kecam-Pembubaran-Paksa-Acara-Temu-Korban-Pelanggaran-HAM.

Pre-trail hearing cannot examine suspect's legal status – Polri 2009

Detik News - October 5, 2009 (archive)\
 

[The following is a translation of a 2009 article by Detik News related to a previous attempt by the national police to criminalise the Corruption Eradication Commission (KPK) in which trumped-up charges were leveled, and later debunked, against KPK deputies Bibit Samad Rianto and Chandra M. Hamzah.]

Irwan Nugroho, Jakarta – The national police headquarters (Mabes Polri) is asking that the judge reject a pre-trail challenge by the Indonesian Anti-Corruption Society (MAKI) against a decision to name non-active Corruption Eradication Commission (KPK) deputies Chandra M Hamzah and Bibit Samad Rianto suspects.

The reason for this is that a decision to name someone a suspect cannot be examined in a pre-trial hearing.

"Based on Article 77 of the KUHAP [Criminal Procedural Code], a pre-trial hearing does not have the competence to examine a decision to name someone a suspect", said Mabes Polri legal attorney Iza Fadli after reading out a response to MAKI's motion at the South Jakarta district court on Jl. Ampera Raya on Monday October 5, 2009.

According to this article, continued Fadli, a pre-trial hearing can only be held to examine the validity or not of a decision to end a criminal investigation by the authorities. A pre-trial hearing can also be held to hear a request for compensation by a suspect or defendant whose case has been halted.

Because a decision to name someone a suspect cannot be heard in a pre-trial hearing, Fadli is asking that the judge rule that the South Jakarta district court does not have the authority to hear the challenge presented by MAKI.

"The naming of a suspect is an authority held by the national police", he explained.

Fadli also questioned MAKI's legal standing as plaintiff because the non-government organisation does not have the quality or capacity to present a challenge.

MAKI's right to present a challenge, he continued, is only valid if the organisation is representing a community in a case that is related to three issues. What are these? Issues related to forestry, consumer protection and the environment.

"Based on Article 80 of the KUHAP, MAKI is not qualified to present a pre-trial [motion]", he asserted.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was Mabes Polri: Penetapan Tersangka Tak Bisa Dipraperadilankan.]

Source: http://news.detik.com/read/2009/10/05/180901/1215782/10/.

President issues regulation on TNI's role in social conflict management

Kompas.com - February 12, 2015\
 

Jakarta – President Joko "Jokowi" Widodo has signed Government Regulation (PP) Number 2/2015 on the handling of social conflicts.

According to the copy uploaded to the Cabinet Secretariat website on Thursday, the PP is referred to as an implementing regulation of Law Number 7/2012 on Social Conflict Management.

Among other things, the regulation regulates the involvement of the TNI (Indonesian military) in the management of social conflicts. The support and mobilisation of TNI forces to put a stop to conflicts is implemented after the central or regional governments declares a state of conflict.

The support and the mobilisation of TNI forces shall be done to end physical violence and implement restrictions on and the closure of conflict zones for an indeterminate period.

In addition to this, it allows for implementing restrictions on person leaving the home (curfew) for an indeterminate period, the prohibition of persons entering or leaving a conflict zone for an indeterminate period, the rescue, evacuation and identification of victims of conflicts, providing protection to vulnerable groups and saving the lives and property of victims of conflicts.

"The support and the mobilisation of TNI forces shall be coordinated by the national police (Polri)", reads Article 41 of the regulation.

The regulation explains that TNI units that are carrying out support duties under a state of conflict are subject to stipulations under legislation and the principles of human rights and shall not be given other duties until the end of their tour of duty.

On the declaration of a state of conflict, the regulation explains that it shall come into effect if and when a conflict cannot be controlled by the national police and the functions of government are disrupted. The indicators of this are if a conflict continues to escalate and spread.

"The support of TNI forces as referred to is to be carried out based on a request by regional governments to the president", reads Article 44 and Article 45 Paragraph (1) of the regulation.

The support and mobilisation of TNI forces will end if and when the state of conflict is revoked or when declared period of the state of conflict expires.

Meanwhile, the government and regional governments are obliged to provide post-conflict rehabilitation that is planned, integrated, sustainable and measurable in accordance with their authority.

This post-conflict rehabilitation covers reconciliation, rehabilitation and reconstruction. Meanwhile funding sources for conflict management shall come from national and regional government budgets and or society.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was Presiden Terbitkan PP Penanganan Konflik Sosial.]

Source: http://nasional.kompas.com/read/2015/02/12/21170901/Presiden.Terbitkan.PP.Penanganan.Konflik.Sosial.

Money laundering agency report on suspect top cop's bank account vanishes

Kompas.com - February 10, 2015

Jakarta – The head of the national police's Criminal Investigation Bureau (Bareskrim) Money Laundering Crimes Sub-Directorate III, Senior Commissioner Budi Wibowo took the witness stand at the pre-trial hearing into a motion filed by national police chief candidate Commissioner General Budi Gunawan against the Corruption Eradication Commission (KPK) at the South Jakarta District Court on Tuesday February 10. Wibowo testified on the matter of the suspicious bank account that earlier resulted in the KPK naming Gunawan a suspect.

Wibowo said that he was aware that there were information analysis reports (LHA) from the Financial Transactions Reporting and Analysis Center (PPATK, anti-money laundering agency) on suspicious bank accounts belonging to several national police (Polri) senior officers. Wibowo also said that one of the LHAs was on Budi Gunawan and was a PPATK report for the years 2005 to 2008.

At the time, continued Wibowo, the national police Criminal Investigation Bureau (Bareskrim Polri) formed an investigation team to look into Gunawan's LHA. After being investigated and clarified by the team however, Gunawan's bank account was declared proper and no suspicious money transfers were found. Gunawan's clarification report was returned to the PPATK by Bareskrim.

"The original LHA document was stored in a special document storage room", said Wibowo during the hearing.

In mid-January 2015, when reports emerged that Gunawan had been declared a suspect by the KPK for allegedly holding a suspicious bank account, Wibowo, on his own initiative, reopened the LHA in the storage room but he was unable to find the original document, only a copy of Gunawan's LHA. "I don't know where the original went", said Wibowo.

Wibowo said there were 117 LHA documents stored in the room. Fifty-three of these had already been clarified by Bareskrim, including Gunawan's. What surprised Wibowo was that of these 53, it was not just Gunawan's LHA clarification report that only held a copy, but he found that there were five other clarification reports on national police senior officers that did not have the original documents.

At the time he was checking Gunawan's clarification report, Wibowo's superior officer was also in the same room. Without mentioning their name, his superior also repeatedly asked why there was only a copy of Gunawan's LHA clarification report and not the original document.

"To this day, we are still conducting an internal investigation that is continuing to pursue the matter", continued Wibowo.

Wibowo said that the LHA that was clarified was the same as the one that has been circulating in the mass media. Wibowo also said that of the many witnesses summoned by the KPK into Gunawan's case, one of them was a person summoned by the Bareskrim investigation team at the time of the investigation into Gunawan's LHA. He was not however prepared to reveal the identity of the individual.

Budi Wibowo was one of four witnesses presented by Gunawan's attorney in a pre-trail hearing between Gunawan and the KPK on Tuesday. Aside from Wibowo, the other witnesses presented were former KPK investigator and active police officer Hendy F. Kurniawan, national police officer Adjunct Senior Commissioner Irsang and Indonesian Democratic Party of Struggle (PDI-P) Secretary General Hasto Kristiyanto.

KPK legal attorney Chatarina Mulia Girsang said that out of the four witnesses presented on Gunawan's behalf, there was no testimony whatsoever about the process by which the KPK declared Gunawan a suspect.

As has been reported, the pre-trial motion is against the KPK's naming of Gunawan as a suspect. Girsang said that only the third witness' testimony, Wibowo's, was relevant because he testified about Gunawan's LHA. Girsang said however that the testimony did not touch on Gunawan's arguments in the pre-trail hearing. Girsang also said she was sure that at the hearing into evidence by Gunawan's party that will be held tomorrow, Wednesday, the witnesses presented would be the same.

[Slightly abridged translation by James Balowski for the Indoleft News Service. The original title of the report was Dokumen LHA PPATK untuk Budi Gunawan di Mabes Polri Raib.]

Source: http://nasional.kompas.com/read/2015/02/10/20330071/Dokumen.LHA.PPATK.untuk.Budi.Gunawan.di.Mabes.Polri.Raib.

Workers ready to become 'advance guard' in defence of anti-graft agency

Detik News - February 6, 2015

Moksa Hutasoit, Jakarta – Hundreds of workers form the Indonesian Metal Workers Trade Union Federation (FSPMI) demonstrated at the Corruption Eradication Commission (KPK) building to declare their support for the KPK that is in the midst of a conflict with the national police (Polri).

"Workers are ready to become the advance guard", shouted a worker's representative in a speech atop a truck parked in front of the KPK building on Jl. Rasuna Said in South Jakarta on Friday February 6.

Arriving in waves, there appeared to be around 400 workers taking part in the action, all wearing black clothing with organisational logos on the back of their shirts.

"This is not just a KPK problem, but an Indonesian problem", said another speaker. "If there are 1 thousand people to support the KPK, we will be one of them. If there is only one person left supporting the KPK, it will definitely be us", shouted the speaker to applause from other demonstrators.

A short time later, protesters from the Save Indonesia Alliance (ASI) arrived. They however took up a slightly different theme, "Save the KPK and Save Polri".

Not surprisingly, a contest of amplifiers took place. When a person from the ASI give a speech, the workers immediately turned the music to full volume. In general, the protesters from the ASI were young people who were passive in giving speeches, unlike the workers who were full of energy.

The two groups of protesters were only a short distance apart and were only separated by three fences erected by police that limited the two organisation's movements.

The action was afforded 'super' tight security with police officers on guard at the entrance to the KPK building while members of the paramilitary Mobile Brigade (Brimob) were on alert inside the building.

A mobile water cannon that was present earlier has begun to be withdrawn well away from the KPK building. The reason being that the slow lane on Jl. Rasuna Said was taken over by demonstrators and has now been closed by police.

As of 3.05pm, the action was still continuing will more protesters arriving. The situation remained favourable.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was Ratusan Buruh Demo Dukung KPK, Jalur Lambat Rasuna Said Ditutup.]

Source: http://news.detik.com/read/2015/02/06/152319/2825908/10/ratusan-buruh-demo-dukung-kpk-jalur-lambat-rasuna-said-ditutup.

Minister rebukes KPK staff for 'behaving like workers' over strike threat

Tempo.co - February 6, 2015

Fransisco Rosarians, Jakarta – Coordinating Political, Legal and Security Affairs Minister Tedjo Edhy Purdijatno has issued another controversial statement.

This time, he was commenting on a threat by Corruption Eradication Commission (KPK) staff to go on strike if all of the commission's leaders are declared suspects by the national police and forced to resign. "[Go on strike], no way, just like workers", said Purdijatno at his office on Friday February 5.

Purdijatno believes that KPK staff should not adopt an attitude like workers who often issue threats to stop work when they are conveying their demands. Nevertheless, he claimed that he is sure that staff at the anti-corruption agency will not go on strike. "It's up to them. But what exactly do they mean", he said.

Earlier, KPK deputy for corruption prevention Johan Budi state that some of the commission's staff would return their mandate and duties to President Joko "Jokowi" Widodo if all of the KPK's leadership is declared suspects. According to Budi, there will be no point in having KPK staff who cannot work because the anti-corruption agency is paralysed.

KPK staff issued the threat because they believe that Jokowi is taking too long to make a decision on ending the polemic between the KPK and the national police. The delay in making the decision has in fact created other problems that are far worse, namely the criminalisation of KPK leaders and paralyzing the commission.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was Menteri Tedjo: Pegawai KPK Kayak Buruh.]

Source: http://www.tempo.co/read/news/2015/02/06/078640549/Menteri-Tedjo-Pegawai-KPK-Kayak-Buruh.

Nationalist groups rally behind 'fat bank account' cop at pre-trail hearing

Berita Satu - February 2, 2015

Bayu Marhaenjati/FEB, Jakarta – The pre-trial hearing of national police chief candidate Commissioner General Budi Gunawan (BG) related to his declaration as a suspect by the Corruption Eradication Commission (KPK) was marred by a protest action at the South Jakarta District Court (PN) on Monday February 2.

Scores of protesters from the non-government organisations the Defenders of the Unity of the Fatherland (Pekat), the Indonesian Underground Social Movement (GMBI) and the United Betawi Forum (FBB) held a protest action with the theme "Save Polri" (Save the National Police) in front of the PN building on Jl. Ampera in South Jakarta.

A huge red banner with the message, "The judge must have the courage to rule that the declaration of BG as a suspect is illegal", was attached to the fence in front of the court.

Other banners reading, "The judge must be impartial", "Safeguard the NKRI [Unitary State of the Republic of Indonesia] from Foreign Funded Intervention" and "Reconcile my Indonesia, Unite my Nation", were also unfurled by the protesters.

"We stand here to safeguard the pre-trial hearing. The judge must be impartial and respect constitutional law", said one of the speakers from atop the command vehicle in front of the court.

In a press release handed out by the demonstrators the groups declared the following: The judge must be impartial in ruling on the pre-trial motion and side with the interests of the nation and the state as well as the people, respect the constitutional state, respect the law, respect the ethics of law enforcement and save Polri from attempts to destroy it.

Meanwhile around six beautiful women wearing head bands reading "Save Polri" could also be seen handing out leaflets to passing drivers.

Hundreds of police officers could be seen closely guarding the area around the court and two Barracuda armored vehicles were parked on the court grounds.

Traffic on Jl. Ampera in the direction of Jl. Cilandak had to be redirected as a result of the protest action while the lane from Jl. Cilandak in the direction of Jl. Ampera was left open. Several police officers were also busy directing traffic.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was Sidang Praperadilan BG Diwarnai Unjuk Rasa.]

Source: http://www.beritasatu.com/hukum-kriminalitas/245622-sidang-praperadilan-bg-diwarnai-unjuk-rasa.html.

National police attorney warns of 'chaos' if police go on strike

Detik News - February 2, 2015

Ayunda W Savitri, Jakarta – The legal attorney representing national police (Polri) headquarters and Commissioner General Budi Gunawan, Frederick Yunadi has asked that the national police not always be blamed in the conflict with the Corruption Eradication Commission (KPK). According to Yunadi, in day-to-day terms for example, the police's role is far more significant.

"If 435 thousand police officers go on strike, what would happen? It could be chaos. If the KPK went on strike, for just one year, the police and the attorney general could handle corruption, it would still be secure", said Yunandi Monday, who also previously represented retired Commissioner General Susno Duadji.

According to Yunadi, the national police are regulated under the 1945 Constitution, while the KPK is only regulated by a law. So the KPK and the police are at different levels.

"How can the KPK direct to the president on who should become an government official. This issue has to be understood, don't blame Polri", he asserted.

Yunadi does not deny that there are rogue police among the 425 thousand officers. Recalcitrant officers have also been reprimanded. "I too often debate and argue with those kind of police officers", he explained.

Yunadi also does not deny that the Gunawan affair has now involved [the police] as an institution. "What's important is that it's not politicised", said Yunani accusingly referring to the Gunawan case.

[Translated by James Balowski for the Indoleft News Service. The original title of the report was Pengacara Polri: Bila 425 Ribu Polisi Mogok Bisa Chaos, Kalau KPK Mogok Masih Aman!.]

Source: http://news.detik.com/read/2015/02/02/143547/2821013/10/pengacara-polri-bila-425-ribu-polisi-mogok-bisa-chaos-kalau-kpk-mogok-masih-aman.