Showing posts with label Legal Reform. Show all posts
Showing posts with label Legal Reform. Show all posts

21 February 2011

SBY (AKA Save Bakrie, Yudhoyono) & Development...


I have not posted much lately. This has nothing to do with writer's block or similar ills that plague us all every now and then. Rather, it was a conscious decision to hide behind being "too busy" at work to blog. The truth though is more along the lines of getting a little bored with bagging SBY all the time. But, some things that the president says really are worth commenting on and this is one of them.

It seems that Susilo Bambang Yudhoyono has had a "No Shit, Sherlock" moment. This little moment came when the president was signing-off on an accelerated economic (or is that eco-comic?) development plan at the State Palace in Bogor. It appears that SBY (Save Bakrie, Yudhoyono) believes development in Indonesia has failed during his tenure because of five illnesses. The five illnesses is a pretty convenient number as it fits the same basic framework as Pancasila or the five basic principles that the modern state of Indonesia is founded upon.

What Stupid Bloody Yudhoyono is doing here is passing the buck. He is the classic "buck-passer". He is the consummate "I am the president, so it is someone else's fault" type of guy. Simply, why take responsibility when you think that Teflon is a genetic trait?

The five illnesses plaguing Indonesia are:

  1. an inefficient bureaucracy (dealt with by black-balling the best performing, and reforming, Minister he had and forcing her to a post at the World Bank);
  2. regional governments (to be dealt with by removing direct elections in favour of central government appointments);
  3. investors who promise the world and then do not deliver (hmmm, didn't SBY come to the presidency promising the Indonesian people the world and delivering it to his family and friends?);
  4. a flawed legal system (the system is not the problem, the enforcement within the system is the problem, as is an inefficient and hands-off president who allows the institutions of state tasked with combating corruption to be undermined by special interests); and
  5. unhealthy political interests (what the president really means here is that he has been held hostage by the short and curlys by these very special interests, and happily so).

It seems like the events in Tunisia inspired events in Egypt which have further inspired others in the Middle East to express their collective desires for change. I wonder how long it is until the Indonesian people feel it is time to express their collective displeasure at a government that promises much and delivers nought? Maybe it is time that the masses returned to the street with a view to re-invigorating reformasi and finishing that which was started in 1998?

Ho hum...

Sherlock out!

19 April 2008

Minister of Communication and Information, Fitna, and Circulars

A rather innocuous looking letter from the Minister of Communications and Information regarding the blocking of sites and blogs that host and show the film produced by Geert Wilders, Fitna, is a letter that has serious consequences for those of us that use the Internet as a means of communication.

The letter itself is based on Article 21 of the Telecommunications Law (No. 36 of 1999) which prohibits the broadcasting of material that impacts negatively on relations between religions and harmony (in the public order sense). Article 21 permits the government to suspend telecommunication providers activities if they broadcast, or continue broadcasting, after being informed that certain material is objectionable.


The Telecommunications Law itself does not explicitly state how the government is to do this and whether a Circular is within the scope of the provision. There is probably a sustainable argument that Circulars in the legislation sense are not binding or would require other legislative instruments to give full force and effect to the intent of the Circular. The cynics among us might just view this as appeasement of those clamouring for Fitna to be banned and for Wilders to be punished for his alleged blasphemy.

This letter was not issued based on any of the provisions of the recently passed Information and Electronic Transactions Bill.

It is beyond the scope of this post to debate the merits or lack thereof of Fitna. However, the Minister of Communication and Information has established a precedent of how it intends to respond to objectionable material, and that is to restrict it as far as possible.

Unfortunately, it seems that some Internet providers and network access points have decided to completely block access to certain sites. Some has gone as far as to completely block access to You Tube, My Space, Meta CafĂ©, Rapidshare, and other sites in order to comply with the Minister’s letter. This seems a little extreme as by completely blocking access to a site means that ‘all” the material is prohibited from entering Indonesia and this is clearly not the intent of the original instruction from the Minister.

It seems that businesses have decided that there is less impact on their bottom lines by blocking the whole rather than putting in place a filter that potentially could slow down their system functions and capabilities.

The other consideration is that those with a real interest in the film have already downloaded it and could conceivably host it locally or attach it to a mass email in order to distribute it. The letter and response from a number of telecommunications companies highlights the difficulties that the government and providers will encounter in selective blocking of sites and material.

For subscribers of providers that have blocked access completely to certain sites it is unclear what recourse they might be able to follow in order to restore partial access to material that has no relationship to the banned film.

This may not be enough to stir serious debate on future censorship of the Internet in Indonesia but it is certainly food for thought for those businesses that conduct or rely heavily on the Internet in the performance of their respective businesses.

The letter was issued on 2 April 2008.


As a postscript to this issue.

The government has already backed down with regards to the generalized blocking of sites. However, it would seem that some providers are still trying to work out ways in which to block material. I know from personal experience that Telkom speedy has been tinkering with its services as I am periodically blacked out from blogspot.com. However, the last few days the tinkering has resulted in not much more than overall bad service as Friday and Saturday have seen sporadic connectability!