Showing posts with label Indonesian Police. Show all posts
Showing posts with label Indonesian Police. Show all posts

18 January 2011

Gayus Tambunan: SBY Adopts A "Hands-On" Approach...


There is a limit to the "ummming" and "ahhhhing" that one's constituents can take before they start to get fidgety and demand a more hands-on approach to end what appears to be a never-ending lurch from one crisis to another. There is probably also a point that a president reaches where they can no longer look at themselves in the mirror without being horrified at their own incompetence. So, in many respects it is a "no-brainer" that Susilo Bambang Yudhoyono (or SBY to the masses) has decided to tell the nation that he has issued 12 presidential instructions and appointed the Vice President as his point man on the Gayus case.

Yet, the more hands on approach runs counter to the president's preference of the past. The president avoided getting involved in the shenanigans that saw two Corruption Eradication Commission commissioners investigated on fabricated evidence because he did not want to be seen to be interfering in the application of the prevailing laws and regulations. Yet, in this case he seems to think that it is time to meddle and sort things out.

Although his meddling is really an attempt to look like he is doing something without really doing anything at all. It is, for those of you familiar with the term, a "Clayton's Presidency"; the presidency you have when you are not having a presidency.

SBY has instructed law enforcement to cooperate. He has instructed law enforcement to engage the KPK in a more pro-active way in investigating the cases that have not already been investigated by the police. Oops, sorry Mr. President, but aren't the police implicated in some of these cases, and wouldn't having the police in charge of some of these investigations be a conflict of interest that is not all that different to letting the fox have the keys to the hen house? The KPK should be handling all these cases and the KPK must be given the mandate to re-open and re-investigate, if they so desire, any and all cases of their choosing. Anything short of this leaves you exposed to charges of favouritism and interfering in the drive to eradicate corruption.

One of the "biggies" that the president put forward was that it was time to adopt a reverse burden of proof. Simply, this means that the burden is no longer on the prosecution to prove the case, but the burden shifts to the accused to prove that they did not commit the crime that they stand accused of. The question that people should have of the president is where do you want to stop the reversal of the burden of proof? Is this just for corruption cases or is the intent to just reverse the presumption of innocence in favour of a presumption of guilt until such time as the accused can prove their innocence?

As a matter of interest, Mr President, how much smoke is needed to reverse this burden of proof? For example, if a citizen says that a bribe was demanded and then paid would this be sufficient to trigger the reversal and the accused receiver of the bribe have to prove they did not make the demand and accept the money or goods? What happens if someone accuses the president of having acquired wealth during a stint in the army from illicit means? Would the president then be required to prove the origin of their wealth? Is it not the case that the wealth reports that elected and appointed officials in government must complete designed for this purpose.

Reversing the burden of proof is a double-edged sword and a very slippery slope. In any event, one must ask whether a reversal of the burden of proof would have made any difference in this case?

But I digress.

The 12 Presidential Instructions in a nutshell are:

  1. The National Police, Attorney General, and the Ministry of Law and Human Rights are to expedite the resolution of the Gayus case;
  2. Increase the synergy between the Financial Transaction Reports and Analysis Center (PPATK) and the Legal Mafia Eradication Unit. And, the KPK to become more involved in cases not yet "handled" by the police;
  3. Performance audits of all those involved in the Gayus case;
  4. All the companies mentioned in the case to date are to be investigated;
  5. Reverse the burden of proof;
  6. Relevant agencies are to search for, locate, and repatriate all state assets including any money obtained corruptly;
  7. All officials who have violated the prevailing laws and regulations are to be punished accordingly (within a week);
  8. Restructuring of all organisations and agencies that have been found wanting throughout the Gayus case;
  9. Review and reform of work systems to ensure that future failures of this kind do not occur again;
  10. The president to receive written reports on the progress of the implementation of these instructions;
  11. Progress reports are to be made public so that the knows what has been done, what is being done, and what will be done with respect to the Gayus case; and
  12. The Vice President is appointed to head-up the supervisory team, and the VP is to be assisted by the Legal Mafia Eradication Unit.

Just a personal note. I am not convinced that this is a more hands on approach. To me it reads as a statement to try and preserve personal public support for himself while maintaining enough distance that he is not fully hands-on and can claim later, when this does not get a positive result, that people did not do as he instructed them to and therefore it is "not my fault".

Ho hum...

06 January 2011

Obama's Mom Arrested for Drug Possession in Indonesia?


Having just lost the House of Representatives, and having had his majority severely dented in the Senate, things only seem to be getting worse for President Obama. In news out of Jakarta, the actress, Cara Lachelle, who played Obama's mother, Ann Durham, in the film "Obama Anak Menteng" (Obama: The Menteng Kid or "Little Obama") has been arrested for drug possession.

Lachelle, a South African model and presenter and sometime actress, was arrested at the Rasuna Said Apartments in possession of 1.19 grams of methamphetamine. The police found out about her drug taking habits from her Indonesian dealer who they had arrested some time earlier.

For details on the film and profiles of all those involved head to www.obamaanakmenteng.com.

According to police they will only be pursuing a case against her that claims she her possession was for personal use. Generally, these cases play out in a "time served" sort of a way. In essence, she confesses, claims to be an addict, agrees to get some counselling, and promises not to do it again. By this time she would have been in detention for 5 or so months and she will then be sentenced to a sentence that allows for her immediate release.

My guess is that she will not be getting a visa to appear in any prequel or sequel to the film if one is ever made.

02 December 2010

[Potentially] Causing Panic is a Crime?

Is the reporting of the owner of an Indonesian television station to the police for allowing a broadcast that suggested that Mount Merapi, an Indonesian volcano on the island of Java, was going to erupt with even more intensity an attack on free speech and the freedom of the press?

The Indonesian Broadcasting Commission has a brief to ensure that Indonesian broadcasters maintain some standards. However, it is questionable as to whether its brief includes reporting broadcasters to the police for the content of a show that suggests that an eruption of an active volcano is likely to be more intense than it has been previously. Using that logic any TV or radio broadcaster that reports a tsunami warning where the tsunami does not eventuate should also be reported to the police for causing unnecessary panic and telling lies, shouldn't they?

Harry Tanoesoedibjo is the owner of Media Nusantara Citra (MNC) which includes in its stable of interests RCTI, Tanoesoedibjo also owns Global TV and MNC TV along with a wide range of other print and broadcast media interests.

The KPI has determined that Tanoesoedibjo has breached a number of articles of the Broadcasting Law, including articles 36. Article 36 sees Tanoesoedibjo liable for a jail term up to five years and a IDR 10 billion fine for spreading misinformation (lies). In addition, the KPI is relying on Article 54 which in essence allows them to pursue the owner of a recalcitrant broadcaster.

The gist of the crime is that a program on RCTI, Silet, reported on 7 November 2010 that Mount Merapi was gearing up for an even larger eruption than those that it had recently experienced. The eruption according to the Silet report was not expected to happen until the following week. This would reasonably be of concern to people living in and around Mount Merapi as the Silet report also suggested that the magnitude of the eruption was likely to be the end of the closest major city to Merapi, Yogyakarta.

The Silet report drew the ire of the KPI and the KPI decided to ban RCTI from broadcasting the program until the Merapi status had been downgraded. However, RCTI decided that it would repackage and re-brand the show as "Intens" and front it with a new presenter. It goes without saying that this move annoyed the KPI and this is the reason that the KPI has acted as it has, like a petulant little child who got picked last for the playground soccer game at lunchtime.

What is silly about the reporting of Tanoesoedibjo to the police is that only Tanoesoedibjo has been reported. All TV and radio broadcasts at that time were presenting content of a very similar nature. Why has Tanoesoedibjo been singled out and targeted and the other have not? Is it personal or political or related to a business dispute?

Or is this a simple case of the KPI overreacting and over-reaching with respect to its brief?

This case seemingly is destined to set a poor precedent going forward for broadcast freedom and predicting the ferocity or lack thereof in relation to unfolding natural disasters.

21 October 2010

Police vs. Demonstrators -- Indonesian Style...



This rather disturbing image that came through on Facebook shows just how far Indonesia has come since 1998 under the stewardship of Habibie, Abdurrahman Wahid (Gus Dur), Megawati, and Susilo Bambang Yudhoyono (SBY). It would seem that the police way of repelling unruly demonstrators is to point guns at them.

I am not advocating that students or others have a right to violent protest. What I am wondering is whether pointing guns at them and shooting them is an appropriate or proportional response.

As to the image. I do not know of its authenticity or lack thereof. I pass comment only on that which I see in it.

11 August 2010

The KPK & The Police...

It is not like we did not know that this was coming, was it?

The police have finally admitted what we all already knew, they have no recordings! Yes folks, that is right, the police have nothing, they have squat, they have diddly, they are an embarrassment to themselves and to Indonesian law enforcement in general.

So, what did the police offer up as proof that they had done the right thing in pursing this to the n-th degree in order to detain two commissioners of the Corruption Eradication Commission, a copy of phone records and SMS records. Oh dear!

Therefore, the police case was based on the testimony of a man who would seemingly do anything, and say anything to save his skin, by alleging that Bibit Samad Rianto and Chandra M Hamzah were on the take to the tune of IDR 5.1 billion, and some phone records, but no recordings. Oh dear!

The last time I checked it was not illegal to make phone calls nor was it criminal to send and receive SMS. Please, tell us that the Chief of Police ordered an investigation to verify that any of these alleged communication were in any way illicit. Please, please, please...Oh dear!

In other words, or just "simple terms", the police have had nothing, and they have had nothing all along. They have victimised two innocent men, they have brutalised their reputations, and they have caused them significant harm for a record of phone numbers and SMS.

Heads should must roll! The Chief of Police needs to be the first head to roll!

02 August 2010

Pong Harjatmo -- Actor and Graffiti Artist...

Most people would expect that their elected members of parliament would live by a creed that demands honesty resoluteness, and fairness. So, having it spray painted on the roof of the Indonesian parliament does not seem all that outrageous in the big scheme of democracy.

Then again, it is Indonesia and most would argue, at least anecdotally, that the people's house in Indonesia, the parliament, is not a bastion of honesty, resoluteness, or even fairness. It is a place, usually uninhabited during plenary sessions, that spends a lot of money, the people's money, and has next to nothing to show for it. For example, legislation. Members can you count the number of pieces of legislation you have passed this term to date? Oh yes, none, zero, zip, bugger all.

So, when Pong Harjatmo decided he was going to climb up onto the roof of the DPR and spray paint his demands on the green roof, it was sure to attract a little attention. It was good to see that the old fella was not disappointed. Pong was a bit of a legend of film back in the 1970s and 1980s, he is now a legend again but for slightly different reasons.

Pong was arrested for his artwork and questioned. He was, however, released without charge. He was given a slap on the wrist and told not to be out and about spray painting his protests on government buildings. Not to be deterred, Pong has said he will be making his protests wherever he feels is appropriate. If I may be so forward, the Police Headquarters could use some new paint!

21 July 2010

Revaldo -- Recreational Use or Addiction?

Some people never learn, and one of those who has not learnt his lesson after some prison time for drug possession is Fifaldi Suria Permana. Permana is a bit of a sinetron star and goes by the name of Revaldo (not to be confused with Ronaldo, either Christian Ronaldo or Ronaldo Ronaldo :D). This is the second time that Revaldo has been stung in possession of methamphetamines.

If Indonesia had a 3-strike rule he would certainly be on the bubble of a very long custodial sentence. Considering, the first time around he went for a 2-year stint in the slammer, a second offence so soon after teh first would seemingly warrant a longer sentence. At least, anecdotally, it would appear that Revaldo has a drug problem  that might be better handled with an rehabilitation intervention as opposed to another stint in the hole.

I am not a meth user, so I have absolutely no idea how much is a lot and how much is a little. However, the West Jakarta police allegedly caught young Revaldo with 50 grams of meth in his possession. Interestingly, the police revealed that they were tipped off about Revaldo heading out to meet his deal for a hit. The police followed him, allowed the transaction to happen, ans then pounced on their man. According to the police, Revaldo tried to make a run for it, but the car chase was over before it begun and Revaldo was arrested.

The police are referring to Revaldo as a three-dimension player. Apparently, a three-dimension player is one who enjoys some wacky weed, a few E, and then some methamphetamines to top it all off. Supposedly, this is a common thing in Indonesia as users look for increasingly better and more sustained 'hits'.

Yet, the kicker is in the police making public that they are watching 22 other celebrities. Now, if you are a celebrity and a user, you have to be wondering whether the police are looking at you...sounds like a good recipe for some paranoia!

So, is Revaldo an addict or just an unlucky recreational user who just seems to be prone to getting caught?

15 July 2010

Luna Maya Gets Arrested...

Well, it was really only a matter of time before the police upped the ante on this one and arrested Luna Maya and placed her in custody. The official reason the police have given is that she is being "uncooperative".

It is hard to determine whether or not this should be read as just not wanting to make a statement or answer police questions or whether she is actively obstructing the investigation of the police. In any event, she is now in custody and enjoying the hospitality of the Indonesian National Police Force.

She is being held under provision in the Anti-Pornography Law and the Criminal Code. This is interesting because the police had rather steadfastly maintained that she was a victim in this incident. So, by arresting her are the police suggesting she is no longer a victim but rather a part of the much larger plot to produce and disseminate amateur porn?

If either Luna Maya or Nazriel "Ariel" Irham were looking for a career change then they probably should have put more effort into producing a quality piece of work, particularly if they are going to have to do some jail time for it.

On the flip side of this equation is Cut Tari. Apparently, she continues to breath the sweet air of freedom on the outside of a cell because she has been, and continues to be, cooperative. By confessing to being the woman in the sex tape does somewhat limit her options for being uncooperative.

Ho hum...

13 July 2010

Police Promise Arrests, Not Justice...

In a closed-door meeting between police and a delegation of human rights and anti-corruption activists, the police have promised to make arrests in the beating of Tama Satrya Langkun. This promise should be taken with a grain of salt, or taken for what it means in reality.

An arrest is not the same as justice. If you doubt that, then take a look at the assassination of Munir in 2004. Until today, arrests have been made, prosecutions undertaken and convictions recorded, but it is debatable as to whether justice has been done. I would argue that justice has not been done.

Similarly, in this case, even if the police were to make arrests this week in line with their promise, this is not an iron-clad guarantee of justice being served. According to Usman Hamid, the former head of Kontras, the Chief of Police, Bambang Hendarso Danuri, asked that the activists be patient as these sorts of investigations take time. This is understatement in the extreme. Once again, the Munir case highlights just how much time the police might want to take in this investigation.

Nevertheless, the police have plenty on their plate at the moment thanks to the work of Langkun and the reporting of Tempo Magazine. The police are supposed to be releasing details this week of an internal investigation into allegations that senior police officers have substantial amounts banked in their personal accounts that are seemingly not able to be justified based on their known sources of income and assets.

I guess if one gives the police the benefit of the doubt, then they have until the end of the week to come up with some arrests. The question as to whether this leads to justice being done remains to be seen.

Photo courtesy of Antara via The Jakarta Globe.

11 July 2010

SBY -- His Legacy?

The president, Susilo Bambang Yudhoyono, came to power on a platform that saw him proclaiming himself as 'clean' and a dedicated and proven corruption fighter who had the ability to change the status quo from one of accepting corruption as part of the deal to one where corruption was actively and vigorously pursued where perpetrators were prosecuted and jailed. After a full term in the big chair and already into his second stint in the big chair it is hardly any wonder that people, Indonesians and those interested in all things Indonesian, are beginning to question SBY's anti-corruption credentials in light of his perceived failures to make any serious headway into combating and eradicating corruption from the Indonesian way of life.

On the bolting the gate after the horse has bolted front, the president has suggested that the recent revelation that there are some 21 high-ranking police officers with outrageously large sums of money deposited in their personal bank accounts that clearly far-exceed their income potential based on their current salaries as serving police officers.

The news, as it started to spread and gain a public foothold, saw one of the owners of one of the alleged accounts coming forward to state that the IDR 95 billion in his account was all sourced from legitimate sources. To this end, evidence has been produced as to who made the deposits what is not so clear is why these deposits were made or the links to his role a a police officer. Yet, in any event, the allegation, and the subsequent investigation, would be best led by an independent observer. In this case, perhaps the best qualified for the job would be the Corruption Eradication Commission (KPK) sans any police involvement. At least there would then be an expectation that the investigation would be transparent.

However, in his infinite wisdom, the president has decided that this is an internal police matter and that it would be best investigated internally utilising already existing police investigative abilities. What is truly bizarre about this is that the president reckons he is a corruption fighter, but he cannot see that the public would perceive the police investigating themselves as nothing more than a whitewash waiting to happen. The police are, on most perception indexes, one of the most corrupt of Indonesia's institutions. Therefore, the idea that the police are capable of investigating themselves is sure to leave a bitter taste in the mouths of many many many Indonesians.

The president clearly has no idea and is getting very poor advice. Maybe it is time to call in some professional PR people to manage the message to ensure that he and his people stay on message. In the meantime, it is time that the president developed some testicular fortitude and became the corruption fighter he has so often proclaimed to be.

With respect to your legacy Mr. President, it is now or never. And, never seems to be rapidly approaching!

08 July 2010

SBY Orders an Investigation...So What Gitu Loh!

Uh huh!

Susilo Bambang Yudhoyono, or SBY as he is affectionately known to the masses, has ordered investigations on the recent arson attack on the offices of Tempo Magazine and the brutal beating (and stabbing) of Tama Satrya Langkun of Indonesian Corruption Watch.

The Tempo attack was a couple of Molotov cocktails thrown at their offices by unknown assailants. The attack follows hot on the heels of an edition of the magazine which reported police corruption. The whole print run was allegedly purchased by police as a means of keeping the edition of the streets. It must be noted that the police deny any role in purchasing the magazines. The Langkun beating and stabbing also comes hot on the heels of some whistleblowing on alleged police corruption and the funneling of very large sums of money into the private accounts of police officers.

Funnily enough (in that sad and perverse kind of a way) The Jakarta Globe is reporting that the president has been following these incidents through the mass media! Really? The president is relying on the mass media for his security and political updates. Now that is funny, and sad!

SBY has proven to be a real disappointment to many Indonesians. He is a man who came to power and the presidency on claims that he was a corruption fighter and a change maker, the undeniable game breaker. He was going to change the way politics was done in Indonesia. This has sadly not been the case. His legacy will be one of not meeting the expectations of the Indonesian public. History will not necessarily judge him in a positive light even after the passage of much time. Too many bad things have happened on his watch. He will be remembered for failures such as the Munir case. In the Munir case he assured Munir's widow that justice would be done and the perpetrators would be brought to justice for their crimes.

So, it is little wonder when SBY comes out and states unequivocally that it is important that law enforcement capture the perpetrators of these two crimes and then prosecute them to the full extent of the law that most people start to shake their heads and go "whatever!" This is particularly so when the president goes on record to say that it is a third party that is responsible for these crimes, and this party is taking advantage of the situation to further sully the police force's good name. Huh?

Should the above be construed as the president is in the know, and he in fact knows that the perpetrators are a third party? Or could this be construed by those cynics and conspiracy theorists among us as a deliberate attempt to deflect attention away from the police and parties related to the police?

The onus is on the police and other law enforcement agencies to see all these cases resolved. The onus is on the president to do everything within his legal power to ensure that these cases are resolved. There must be accountability across the board. This is not just accountability for the perpetrators of these crimes but there must also be full accountability for those people tasked with uncovering the perpetrators and then prosecuting them.

In many ways, Indonesia's future depends on it!

05 July 2010

Peterporn...

The Peterporn saga continues unabated but slowly. There is so little happening in this case, and that which does happen takes so long, that it is a wonder that anyone even cares about it. Yet, it has all the key ingredients for great gossip and as such will serve to satiate the Indonesian appetite for celebrity gossip for sometime to come.

The key is that there has been rumoured to be some 32 tapes of Ariel of Peterpan fame bedding a bevy of women, all of whom are Indonesian celebrities of various fame and stature.

I was reading recently that another tape has surface in Sulawesi of all places. It reportedly shows Ariel (aka Nazril Irham) getting down and dirty with Bunga Citra Lestari (aka BCL). This tape has been conveniently converted to the DVD format and is being sold for between IDR 50,000 and IDR 450,000 on the streets. Now, a quick survey of the internet highlights that the clip is supposedly available for download from Rapidshare and Torrentbit, among others. Unfortunately, these all require registration before a download can be initiated, I am just not that interested in downloading the clip. Besides, if it really does exist then it won't be too long before it pops up in a much easier place for download, like YouTube or on someone's blog.

The latest development, as far as I can tell, is that the police have arrested eight people for allegedly being involved in the uploading of the two confirmed videos to date, Luna Maya and Cut Tari. However, the police, by their own admission are doing it tough in the investigation phase as they have not been able to uncover the 'missing link'. This is specifically how did the videos get to those who allegedly uploaded them to the internet.

The case theory is that someone close to Ariel 'passed' them on. Ariel's ex-wife, Sarah Amalia, has been interviewed by police, but police have not suggested that she is a suspect or in anyway involved in the dissemination of the tapes / videos. The police though have not been able to prove this missing link yet. So, it remains nothing more than a theory.

The police have also explained that their failure to move on the two women allegedly depicted in the tapes is that the police have some conflicting expert opinions to sort through before deciding on a legal basis to proceed. As is the tendency in Indonesia, the police want to ensure that the case is legally solid before proceeding. The idea being that the more solid the case is the less likely there is to be an acquittal. On a side, and completely unrelated note, perhaps the police should have thought about this idea when pursuing the Commissioners of the Corruption Eradication Commission. And, perhaps it is something that the Office of the Attorney General might want to consider in determining to end those shenanigans.

Postscript...
The Jakarta Globe are reporting that the police have "changed positions on the sex tape", no pun intended I am sure, and the eight previously arrested have had their status changed from suspects to witnesses. Sounds like things are not going so well on the investigation front.

01 July 2010

Ariel, Peterporn, Don Juan, and Bunga Citra Lestari...

The Indonesian National Police Force surely have more important matters to be devoting large amounts of human hours to rather than Ariel of Peter Pan (now know as Peterporn) fame and his sexcapades with a reportedly long list of women. There is a touch of the Don Juan in the manner and desire to film the "event". Yet, there have been reports in the past that there is a significant number of Ariel related "events" that have been recorded.

The two most prominent of these to date have been Luna Maya and Cut Tari, However, a recent police raid on the recording studios used by Ariel and Peter Pan have apparently resulted in the seizing of two computers that have more explicit content on them. The police have used the term 'obscene', but I guess obscene is in the eye of the beholder. Reportedly, this explicit content is contained in a number of movies. One of these movies is allegedly a clip involving Ariel and Bunga Citra Lestari or as she is known to her fans BCL.

Here are some photos of BCL for your viewing pleasure.


My guess is that if there is such a video in existence then it is likely to find its way to the internet in the near future.

Ho hum...

01 May 2010

Islamic Defenders Front -- Giving Islam a Bad Name...

Now, I am not usually one for the conspiracy theories. However, I often wonder how an organisation like the Front Pembela Islam or the Islamic Defenders Front can be so naive with the manner that they go about promoting their brand of radical violent Islam gives rise to serious questions about who they act for. It sometimes reaches a point where one has to wonder whether there is a conspiracy at play here. One where particular interests are using the highly gullible and easily influenced in order to give Islam a bad name. And, let's face it the FPI gives Islam a bad name.

The FPI and their most recent cause saw them storming a hotel in Depok, West Java, to disband a transsexual lingerie contest. Unfortunately, the FPI had been had. It was not a lingerie contest but rather a seminar on human rights. A seminar that in fact was teaching Indonesia transsexual and transgender individuals about their human rights. There was not a lingerie-clad transsexual in sight (probably much to the disappointment of the FPI thugs in attendance).

The seminar itself was supported by the Indonesian National Commission for Human Rights and had the requisite approval to proceed. This approval was granted by the Indonesian police force among others. Unfortunately, it seems no one bothered to get the approval of the local chapter of the FPI. The failure to get the FPI's approval is seemingly a sin against Allah and undoubtedly against Allah's Prophet, Muhammad.

The perversely funny thing here is that by raiding the seminar the FPI has given the Indonesian transsexual and transgender community a profile it might not have had, particularly if they had been left alone to go about their business of attending a seminar on human rights. So, one has to wonder about the agenda of the FPI here. If the FPI is really all about ridding Indonesia  of such "perversion" then why bother helping promote acknowledgement, and perhaps acceptance, of the fact that there are different parts to the broader Indonesian community. In my mind, it is the FPI that is the perversion and needs to be shut down and not my brothers and sisters in the transsexual and transgender community that are pursuing their right to learn about their human rights in an approved forum.

Alternatively, the FPI could show that they have learned a little but about tolerance and accepting difference (my guess is that the FPI will never come to appreciate difference) then they can continue to exist. However, if their continued course is one of violence and intolerance then they must be punished to the full extent of the law and shut down. Any failure to punish the FPI and to shut them down which allows them to continually and unashamedly break the law and violate other individuals human rights begs the question as to why the police and the Indonesian government tolerate them. One would seemingly have to ask: "does the government and do the police approve of the FPI actions?" Should silence and failure to act be construed as support for the FPI agenda?

Ultimately, respect is a two-way street. If you want to be respected then you must respect others. In very simple terms, respect is earned. FPI has not earned respect and is undeserving of respect because of its repeated failures to respect others.

24 April 2010

Penis Enlargements and the Indonesian Police Force...

A recent article in The Jakarta Globe draws out some interesting links between penis enlargement, the Indonesian National Police Force (Polri), the separatist movement in Papua, and serving the public. It seems that any man wanting to join up and serve the public as a police officer in Papua will be required to answer a question about whether or not they have had a penis enlargement.

The argument according to the Police Chief, Bekto Suprapto, is that an enlarged penis is a problem during training (and presumably during service). I am sure, if pressed, Suprapto would be willing to elaborate as to exactly what sort of training the police do in Papua that makes an enlarged penis problematic.

However, this poses some interesting questions for recruitment officers as they search to 'enlarge' the ranks of serving police officers. First, is there a set of penis size standards that prospective candidates must meet in order to proceed through the selection process? Then the obvious questions tend to, what is the deal for men who, without treatment, are already well-endowed? And finally, is there a corresponding set of size related criteria for women and the size of their breasts?

In any event, if they do not make the grade as police officers then there is a good chance they might be snapped up by the porn industry where it seems that size is respected as an asset rather than an obstacle.

So, what about the court decision that seemingly reinstates the case against Chandra M Hamzah and Bibit Samad Rianto?

15 January 2010

Raped by a Genie -- Indonesia


This is one of those stories where you find yourself sitting back in your chair as you read it and shaking your head incredulous to how creative some people are when they plan to do something wrong or have been caught out having done something wrong. I guess I will never be a novelist because it had never occurred to me that one could blame their raping of a 15-year-old student under their care on a genie that had not been fed in a while.

The story goes that a principle at an Islamic Boarding School in Tangerang, Banten, West of Jakarta, raped and impregnated a 15-year-old girl under his care. The young girl had not revealed the rape to anyone, but it became increasingly difficult for her to conceal her pregnancy.

The girl, who has been identified by the initials KHF, alleges she was raped by the principal. However, the principal has supposedly said that it was not him but rather the genie that did it. The principal, who has been identified with the initials HDN, allegedly told the girl that if she had sex with him or the genie, then the genie would give her special powers. The girl claims she rejected the genie principal's advances and in her embarrassment decided against reporting the incident.

It would seem that the genie was not to be denied. A few days later the girl again found herself alone with the genie principal. However, this time she claims that she became incapacitated in the presence of the genie principal and when she later regained consciousness she was sore in places where she should not have been sore.

This is where the story gets even a little more bizarre. The girl's parents confronted the principal, as you would if your daughter had told you she had been raped by her principal. However, the principal denied that he raped the girl, but apparently confessed to the parents that it was his pet genie that did it. And, that the genie probably did it because he had not been fed in a few months. But what is really weird is that the principal agreed to a DNA test and is seemingly pretty confident that the DNA results will prove that he did not do it and that the genie did.

Nah, if my understanding is correct then the genie sort of appears and takes over the body of the host and then has his way with the girl. If this is the case then I am thinking that perhaps the DNA of the host rather than the genie is likely to turn up in any subsequent DNA test. Then again, I am no scientist, so I do not know for sure how these things work.

I am wondering whether this is a confession that there have been other girls who have fallen victim to the hungry genie in times previous to this account.

Nevertheless, it seems that the principal has realized that the allegation of rape of a minor is a little more serious than he envisaged at first and he is now backing away from the genie claim. The principal is now suggesting that the young girl is pregnant to her boyfriend and in her embarrassment and shame on that front she is seeking to blame the principal for her troubles.

The Indonesian Legal Aid and Human Rights Association (Perhimpunan Bantuan Hukum dan Hak Asasi Manusia Indonesia / PBHI) has taken up the case, and they have reported the alleged crime to the Indonesian police who are now reportedly investigating the claims. Perhaps they need to get a psych report done on the alleged perpetrator who seemingly thinks he is harbouring a genie or two.

Another interesting twist in this story is that the principal's family are now claiming that it is impossible for him to impregnate the young girl because he is a diabetic with extremely high blood sugar levels. And, the family claims, that it is a medical fact that diabetics cannot get erections. The family does not seem to be entertaining the idea that the genie did it either. But there have been no reports as to whether the genie is diabetic as well.

Apparently the DNA tests have been done and when the results come back from the lab, then it is expected that the families of the girl and the principal will have a clearer picture of what transpired or did not transpire. As will the police and just about everyone else following this story.

01 December 2009

The Case Against Chandra and Bibit -- Dropped!


It was time that these shenanigans came to an end. The fact that this 'case' ran as long as it did is an embarrassment to the Indonesian Police, the Office of the Attorney General, and the Office of the President of the Republic of Indonesia. When leadership was called form it was severely lacking from those elected and appointed to leadership positions. Instead it was people power and the power of those people voicing their concerns about the need for justice through the media that spurred the courts into action and the ultimate resolution of this issue.

However, whether the issue is finished is really a moot point considering that the underlying issues remain unresolved. The dedication of the police and the AGO in wanting to see this case go to trial raises myriad of questions, and the fact that there seems to be some intent of seeing the instigator, Anggodo, pursued through the courts, then the simple reality is that Chandra and Bibit, and the mistrust between the various law enforcement agencies of Indonesia seems set to linger for some time yet.

The AGO has decided that it is not going to pursue the charges in the public interest. And, it would seem that the President's office is busy drafting and finalizing an order of reinstatement that will see both Chandra and Bibit returned to their rightful places as KPK Commissioners. However, what has not been addressed is the damage to their reputations as a consequence of this long-running unsavoury incident.

The AGO seems intent on continuing to perpetuate the fallacy that there was enough 'evidence' available to the police and the AGO to continue this case to trial. Marwan Effendy, the Deputy Attorney General for Special Crimes, said as much in his statement indicating the intent of the AGO to drop the case.

According to Effendy, the psychological and moral consequences that would arise as a result of the trial would not have warranted the trial going forward. So, the AGO bowed to public pressure. OK, but this is not where Effendy decided to stop. Instead, Effendy went on to say that the charges were valid, that Chandra and Bibit did not understand the anti-corruption law and that neither of them realized the consequences of their actions in breaching the provisions of the law.

Simply, in other words the Deputy Attorney General for Special Crimes is saying we would have garnered a conviction, but a conviction is not in the public interest. In essence, Chandra and Bibit are guilty as charged, but the AGO in their infinite wisdom and intimate understanding of the public's need to eliminate corruption has decided to not do its job. Alternatively, this could be a simple case of the Deputy Attorney General for Special Crimes continuing the defamation of the good name and character of both Chandra and Bibit.

Perhaps a trial would have been the best option. A trial would have presented an opportunity to Chandra and Bibit to be exonerated of the charges and clear the mud thrown at them. A trial would have also highlighted the lengths that the police and the AGO had gone to fabricate a case.

Admittedly, there are arguments that the trial might have gone the other way and confirmed guilt, but if the police or the AGO really had that evidence then it would be an outrage not to pursue it; corruption within the Corruption Eradication Commission. It could be argued that there would not be a bigger case, or a sweeter one, than busting the corruption busters up to their eyeballs in extortion and bribery while feathering their own nests.

The moral of this story is that corruption is alive and well in Indonesia, that it is facilitated and perpetuated by those in positions of authority or power, but that good is more regularly triumphing over evil. There is a long way to go, but perhaps this is a first step in the next phase of the corruption fight.

A final note. The case might have been dropped, and Chandra and Bibit will return to their respective positions at the KPK. However, much damage has been done to their reputations, and it must be part of the process of healing that the dropping of the case includes rehabilitation of their names and reputations. Anything short of a full apology is a slap in the face. The police allowed the fabrication of a case, the AGO kept the fabrication going, and the president refused to step in and discipline those responsible. Yes, an apology is warranted and justified. It is time that the president was presidential enough to step up to the plate and make it.

Come on Mr. President, what are you waiting for?

23 November 2009

Chandra M Hamzah and Bibit Samad Rianto -- Deponeering...


The President of the Republic of Indonesia, Susilo Bambang Yudhoyono or SBY, is not scheduled to respond to the Team of Eight report and their investigation and recommendations regarding the police and prosecutors case against Chandra M Hamzah and Bibit Samad Rianto until tonight. However, unwittingly or not, he has probably provided some insight into what his remarks are likely to be when he addressed the chief editors of 75 media organizations last night.

It is clear that the president feels that some of the issues that have arisen during the cause of these shenanigans have been nothing short of a personal affront to him and his family. Therefore, it is of little or no surprise that he wants this issue to go away, and go away fast. The longer it drags on the more damage it does to him and his legacy.

So, what did the president say exactly. Well, in a nutshell, he wants the issue resolved, and he wants it resolved out of court. His suggestion is that the police and the Office of the Attorney General use their deponeering (sometimes spelt deponering) to discontinue the investigation. Deponeering is a legacy of the Dutch colonial legal system and in its most simple terms means to discontinue any investigation in the public interest. In essence, the president is telling the police and the AGO to end this thing by just pulling up stumps and letting the issue die a fast but peaceful death.

Yet, it is worth noting that in his comments he seems to suggest that ultimately this is a call for the police and the AGO. If this is true, and he has not issued a direct order to the police and the AGO to deponeer this case, then it is a little bit disingenuous to suggest that he is becoming actively involved in the case. In fact, it is pretty clear that he is setting up the public for disappointment by saying that he will not be forced into overstepping his boundaries as president.

And, as far as he is concerned, if he was to order the police or the AGO to stop the investigation then he would be overstepping his authority and interfering in the proper domain of law enforcement. However, he had no qualms about involving himself by pushing through an interim law (perpu) to get three new commissioners appointed to the KPK. It would seem that the president is prepared to pick and choose how he exercises his authority in this case while hiding behind constitutional amendments that supposedly limit the president's authority in dealing with matters relevant and important to the development of democracy within the Republic of Indonesia.

The Team of Eight report also recommends that heads should role. So, it will be interesting to see whether in letting the police and the AGO decide whether he lets the Chief of Police and the Attorney General to continue to make a mockery of their respective institutions.

The idea that deponeering this case as an out-of-court settlement is fair is also a backhanded slap to the face of the KPK and to Chandra and Bibit specifically. This is particularly so if the deponeering does not result in a complete withdrawal of the charges and some degree of compensation for the damage the investigation has done to the reputations of Chandra and Bibit to date.

There would need to not only be a deponeering happening here, but a full and unequivocal apology to both the KPK commissioners for the harm done to them. Anything less would be a slap in the face. This would be particularly so considering that the Team of Eight report states that the police and the AGO do not have enough to sustain a charge of abuse of power or extortion.

So, it remains to be seen. What will the president do? Mr. President what will you do?

10 November 2009

Official Cicak Logos...


I have always fancied myself as a bit of a gecko as opposed to a crocodile.

So, it has been with great interest that I have watched the Cicak vs. Buaya spat as it unfolded in Indonesia. The Cicak (Cinta Indonesia, Cinta KPK / Love Indonesia, Love the KPK) movement has shown in a very short space of time what is possible when like-minded individuals get together and confront head-on the entrenched and special interests of the few, in this case the buaya (crocodiles of the Police and AGO).

This is people power, or perhaps gecko power, in action. And, what action it has been in the sense that the recently re-elected SBY has been presented with the perfect opportunity to cement his mandate, and his legacy, as a reformer by cleaning house and getting rid of all of the dead wood in the Indonesian National Police Force (Polri) and the Office of the Attorney General (AGO).

Long Live the Cicak!

Time For SBY To Step Up To The Plate...


The Fact Finding Team appointed by the President of Indonesia, Susilo Bambang Yudhoyono or SBY, has held a press conference to relay their findings and what they intend to put in writing to the president. It is worth noting that the fact finding team, or the Team of Eight as it is known, have no real powers to stop the investigations by the police or the Office of the Attorney General (AGO).

Nevertheless, considering that SBY went to the trouble of appointing the team means that if he does not follow through on what the team finds, then he will look like he is dragging his feet and this can only be a negative in the long-term for the president and his legacy.

The fact finding team has reported that the police and the AGO do not have a case against Chandra and Bibit. The evidence that they offered up to the team as proof of the case has been deemed inadequate. It has been deemed to be insufficient to sustain the indictment and it has been deemed to not be sufficient to get a conviction. This is a pretty big slap in the face for both the police and the AGO.

It is worth noting that this is also a pretty big slap in the face for the president as well. He steadfastly refused to become involved and his reluctance to do so has shown him to be weak on ant-corruption measures and willing to do whatever it takes to avoid making the hard decisions and upsetting the apple cart. The failures in this case will continue to haunt SBY for some time. They might also be instrumental in undermining any legacy that he thought he might be leaving with respect to being a reformer and corruption fighter.

What the interim report does put into play now is how should those who remain be dealt with. This is particularly so for the lead actor in this charade, Anggodo. Anggodo by his own admission has seemingly said he was trying to bribe members of the KPK and had disbursed money for that purpose. If there is no evidence, and the fact finding team says that there is not, then Anggodo must be charged with obstruction of justice type violations and making an attempt to bribe members of the KPK.

Furthermore, the Chief of Police and the Attorney General must also be investigated to determine what they knew and when. It seems that both were either involved in the construction of the case against Chandra and Bibit or were aware early that it was a fabrication. Both men have fronted the relevant Commission at the DPR and claimed that there is evidence of the extortion and bribes being completed, In essence, they have suggested that both the police and the AGO intend to pursue the matter to its conclusion.

The only way that either can avoid the pink slip treatment is to prove that to all intents and purposes they were "just doing their jobs". Somehow this seems unlikely.

It appears that round three, four, and five have gone to the KPK as well. The police and the AGO are taking a beating in not only the courts of law but the court of public opinion as well.

Time to give this one up.