Out of court settlement not a good idea: Expert

Instead of having an out-of-court settlement, President Susilo Bambang Yudhoyono is being urged
to set up an independent team to investigate National Police and Attorney General’s Office officials who allegedly initiated the investigation into false charges of bribery, extortion and power abuse against suspended Corruption Eradication Commission (KPK) deputies Bibit Samad Rianto and Chandra M. Hamzah.

“The team must be able to find out who initiated the investigation. Find them and demand them to take responsibility,” the University of Indonesia (UI) expert on police, Bambang Widodo Umar, told The Jakarta Post here on Monday.

“If the inquiries recommend the dismissal of National Police chief Gen. Bambang Hendarso Danuri and Attorney General Hendarman Supandji, Yudhoyono should not object to that,” he said

“The out of court settlement proposal has, like it or not, shown that the investigation is useless. The next step should be reforming the police force and the AGO by replacing those deemed responsible for the case,” Bambang said.

In a long-awaited speech on his ruling on the case late Monday, Yudhoyono said, “The better solution and option for the police and the AGO [would be to] not take the case to court but still consider the principles of justice.

“However, immediate efforts to correct and improve the three institutions [police, AGO and KPK] are necessary,” he said.

On Sunday, Yudhoyono said the investigations into the KPK deputies should be dropped and the case should be settled out of court.

The President has been in the spotlight since his name was mentioned in wiretapped conversations played at the Constitutional Court’s hearing. The recordings — of Anggodo Widjojo, brother of fugitive graft suspect Anggoro Widjojo, and top prosecutors among others — revealed a plot to frame Bibit and Chandra. Since then, the public has demanded that the President order the police and the AGO to drop the case against Bibit and Chandra.

The Indonesian Corruption Watch’s (ICW) Danang Widoyoko suggested the President should extend the service of the presidential fact-finding team, saying it was the only proper instrument that could be used to initiate a fair and independent investigation into these officials.

“We can no longer depend on the police and AGO’s internal affairs departments because they have always struggled to hold independent and impartial investigations,” he said.

Deputy Attorney General for special crimes, Marwan Effendy, acknowledged the AGO would obey the President’s decision.

“Whatever the decision is, we will be loyal to the President,” he said.

A legal expert from the Jakarta Muhammadiyah University, Chaerul Huda, said an out-of-court settlement would only jeopardize the entire judicial process.

“In my opinion, SBY should give the legal process a chance. Let the prosecutors bring the case to court and let us see whether a panel of judges cast the same judgment as those who support the prosecution of the pair,” he said.

Chaerul said if Bibit and Chandra were confident of being found innocent it should be not a problem for them to face trial.

UI’s Maswadi Rauf slammed the President, saying he had set a bad precedent by mixing legal problems with politics.

“This settlement might work for now but it doesn’t address the real problems in the case. We will never know who is right and wrong in this case. It actually endangers our attempt to enforce the law in the future,” he said.



http://www.thejakartapost.com/news/2009/11/24/out-court-settlement-not-a-good-idea-expert.html

The education sector role in HIV prevention

Intervention to curb the HIV/AIDS epidemic in Indonesia should be conducted in a manner that it is low in cost and high in impact, so say authorities in HIV prevention.

This is well understood as resources are severely limited, and yet the epidemic is alive and kicking, and spreading.

It also makes sense as we need to seize the moment, as most of the infections occur within a specific population who are engaged in risky behavior, i.e., sex workers, Men having Sex with Men (MSM), and injecting drug users (IDUs).

In fact, infections among members of this sector contribute more than 75 percent of all reported cases.

It makes a lot of sense also as currently the national aggregate prevalence is still low (0.16 percent), except in West Papua where the epidemic has been generalized (2.4 percent among the population aged 15-49 years old).

The window of opportunity for an effective, low-cost prevention agenda is still wide open.

Having said all of the above, I need to mention the following.

First, the Commission on AIDS in Asia (2008) reminds us that we need to carefully monitor and be concerned about the emerging epidemic among monogamous women who are infected through their husbands (or male partners).

This emerging issue brings serious consequences. When more women are infected it means diminishing support for children and more children will be born from infected mothers, which will in turn increase the likelihood of infant infections.

HIV/AIDS cases reported to the Health Ministry (as of June 2009) do indicate fast growing infection among the population below the age of 19 and school-age individuals.

The number of reported cases increased dramatically from 19 cases in 1996 to 976 cases in 2009.

Those under 14 years old may have been infected through their infected mothers and the older children may be infected through injecting drug use.

There are at least three embedded issues within this emerging epidemic.

First is the fact that, in Indonesia, condom use among men buying sex is still very low. Second, women in marital relationships either have low awareness of their partners' at-risk sexual behavior or they are culturally not equipped or empowered to negotiate condom use with their partners.

Finally, women in marital relationships are not a primary target for the IEC program on HIV prevention.

Second, we need to draw our attention to the strength of formal education. A survey in 2007 clearly suggests that the higher the level of education of the men and women who were in marital relationships, the higher their knowledge of HIV and how it is transmitted and prevented.

Of course, this may mean that better educated people may have a higher need for information. This may also mean, however, that currently information on HIV//AIDS is available in textbooks or on courses in higher levels of education (currently, in high schools and above). The second possibility warrants our serious consideration.

Third, we need to carefully examine how some people are socially constructed as the Most-at-Risk Population (MARP) in the HIV/AIDS epidemic. People are engaged in at-risk behavior for a number of reasons.

Simply put, some people may not know that their behavior risks HIV infection. If they know, they may not know what to do about it for a series of yet different reasons. One is isolation due to discrimination and stigmatization.

Sex workers, MSM and IDUs are groups of people whose behavior is not socially acceptable. They have to fight an uphill battle to get recognition and to preserve their entitlement to basic rights.

Another reason is poverty and, many times, a combination of minority status, "deviant" group status, and poverty. People living in destitution will do anything to survive, including behavior that may compromise their health and safety.

It is also worth noting that many individuals living in poverty are trapped in exploitative and abusive circumstances.

What has this to do with the education sector? There are a few important linkages.

No one is born vulnerable. Vulnerability is socially constructed. Social acceptance or rejection of certain behavior or certain characteristics of individual human beings is commonly preserved in the family or community. We should remember that one of the sectors which are constructed to inform individuals and affect their behavior is the education sector.

Most people, including those labeled as MARP have been, or are currently still, in the formal education system. The problem, however, is that the sector presently does not provide enough and appropriate information and skills to deal with HIV.

It is a great mistake to ignore the role of the education sector in the national strategic planning for HIV prevention. Our children deserve protection from the negative impacts of the epidemic early on.

Although it is acknowledged that changing the education sector to accommodate strategies to prevent HIV infection may be difficult, inevitably the sector should be more responsive, since children and other human resources within the sector are already affected by the epidemic.


by : Irwanto



http://www.thejakartapost.com/news/2009/11/07/the-education-sector-role-hiv-prevention.html

Cultures, fabrics mix and match

Works of more than 90 leading Indonesian fashion designers are on display in the country's most anticipated fashion event - the annual Jakarta Fashion Week (JFW).

During JFW, which concludes Nov. 20, several Indonesian designers will showcase their latest collections, inspired by elements of Indonesian heritage.

Also taking part are renowned Indian designers Tarun Tahiliani and Malini Ramani, using Indonesian fabrics such as batik and ikat.

Their fabulous creations hit the runway Saturday night in "A Tale of Two Cultures", a project with Indonesian designers Sebastian Gunawan and Priyo Oktaviano, who used Indian fabrics in their designs.

Earlier in the year, Tarun and Malini visied Jakarta to select traditional fabrics, and Sebastian and Priyo visited India to explore the richness of traditional Indian textiles.

The Indian designers said they were excited to be part of JFW.

"I love ikat. I like the colors and patterns. But I find it a bit difficult to combine the fabrics," Malini said. "I thought about what I could do to make it nice, and how would I combine them and make them a little bit Indian."

Tarun combines traditional textiles with fabrics such as velvet and chiffon. Malini uses tribal styles and embroidery in her collection.

Svida Alisjahbana, CEO of Femina Group and chairwoman of this year's JFW, said at the opening ceremony Saturday that the goal of JFW is "to turn Jakarta into a major fashion hub, both within the region and internationally.

"It is also a good event to promote our traditional textiles."

Prominent Indonesian designer Taruna Kusmayadi called the event "every designer's dream, because this is a good event to show and sell products to promising customers."

During the week, several independent designers, such as Ivan Gunawan, Stella Risa, Merdi Sihombing and Benten, will display their latest creations.

Also on display will be collections from designers specializing in Islamic wear, such as Merry Pramono, Monika Jufry and Iva Latifah.

As always, the festival will include the final stage of the annual Indonesian fashion design contest. .

There's plenty for children also, with the Bubble Girl collection by Sebastian Gunawan and his wife Christina Panarese, and the Kids Model Search modeling competition on Sunday.

Main events will take place at Pacific Place mall in South Jakarta.



http://www.thejakartapost.com/news/2009/11/15/cultures-fabrics-mix-and-match.html

President’s inaction only hurts him Survey

A recent survey says President Susilo Bambang Yudhoyono’s image has taken a battering following his seeming reluctance to step in to the antigraft breach and the Bank Century debacle, which could risk the success of his 100-day program.

The survey was based on reports from five national Indonesian-language dailies — Kompas, Tempo, Media Indonesia, Republika and Seputar Indonesia – from Nov. 3 to 9.

“The public’s negative perception of the President is rated at 64 percent, higher than last week’s rating of 53.85 percent,” Indonesian Survey Circle—Network (LSI-Network) public issues executive director Denny J.A. said Thursday.

The Corruption Eradication Commission (KPK) saga revolves around a possible conspiracy between the National Police and the Attorney General’s Office to undermine the antigraft body by framing two of its deputy chairmen, Chandra M. Hamzah and Bibit Samad Rianto, in a bribery case.

A tape indicating the conspiracy was played at a nationally televised hearing at the Constitutional Court, in which it was hinted that Anggodo Widjojo, the younger brother of fugitive graft suspect Anggoro Widjojo, had masterminded the conspiracy.

The tape also indicated possible involvement by Yudhoyono, after individuals in the tape told Anggodo that “SBY has given his support” for the scheme.

“The President has condemned the individuals exploiting his name in the tape, but he has yet to file charges of defamation with the police,” Denny said.

“The President surely has his own reasons, but his policy of inaction on the use of his name only further strengthens speculation of his possible involvement.”

Denny also said Yudhoyono’s apparent dithering in following up on his own fact-finding team investigating the KPK debacle only made it worse for the President’s image.

The team has recommended the charges against the KPK deputies be dropped due to lack of evidence, but Yudhoyono passed on that decision to the police and the AGO.

House of Representatives Deputy Speaker Pramono Anung, from the Indonesian Democratic Party of Struggle (PDI-P), said Yudhoyono should have taken more definite actions on his fact-finding team’s recommendation.

In a related case, the Bank Century debacle, the President has also been considered to have failed to urging his House-dominating Democratic Party to take concrete action in resolving the bank’s bailout, LSI-Network said.

The Century debacle revolves around the Rp 6.7 trillion (US$710 million) bailout to save the troubled bank, far higher than the initially estimated Rp 1.3 trillion.

Implicated in both the KPK and Century debacles is suspended National Police chief detective Comr. Gen. Susno Duadji.

“The Democratic Party legislators are the only ones who have not yet signed the petition requesting an inquiry committee into the Bank Century bailout be established,” Denny said.

“The Democratic Party, again, could have its own arguments, but its reluctance to support the petition only confirms that the President and his inner circle are taking a different stance from that of the general public.”


http://www.thejakartapost.com/news/2009/11/13/president%E2%80%99s-inaction-only-hurts-him-survey.html

President sets 45 programs for first 100 days

President Susilo Bambang Yudhoyono has set 45 programs to be implemented by his cabinet in the first 100 days in office including 15 priority programs.

"The first 100 days are an important period of time and therefore after planning, formulating and listening to recommendations I today determined the programs so that important activities could be done in the period to make the programs for the next five years could be done well and be better than before later in the next five years," he said after presiding over a cabinet meeting at his office on Thursday.

The head of state said the 15 main programs were programs that had to be completed.

"Of the 45 programs I have determined 15 as urgent programs for implementation in the first 100 days," he said.

The priority programs include eradication of "mafia" of justice through the opening of post office box 9949 to recieve complaints from the public.

"By mafia of justice I mean those who conduct activities that hurt others such as those done by legal case middlemen, bribery, extortion, case trade, threats on witnesses and illegal levies," he said.

President Yudhoyono emphasized the importance of the operation against them because these activities damaged the sense of justice and caused material damages and gave illegal benefits for the actors.

The second priority program meanwhile is revitalizing strategic industries. President Yudhoyono also mentioned counter-terrorism efforts, increasing electricity capacity, improving production sector and food resilience as well as revitalizing fertilizer and sugar plants as the other priority programs.

Five other priority programs cover environment, health, education, disaster management and synchronization of relations between central and local administrations and also with private sectors.

"After this it will be work. The good plan is only 30 percent of the success. If we do not have plans or directions we will fail to achieve the targets," he said.

The meeting lasting from 10am to 4pm was attended by all cabinet ministers.


http://www.antara.co.id/en/news/1257434572/president-sets-45-programs-for-first-100-days

Police chief tight-lipped over Wiliardi`s testimony

National Police Chief Gen Bambang Hendarso Danuri on Wednesday remained tight-lipped to newsmen when asked about Wiliardi Wizar`s testimony in former anti-graft body chief Antasari Azhar`s trial for murder suggesting Antasari was framed.

The National Police chief immediately put his index finger on his lips when reporters asked him about the testimony of Police Senior Commissioner Wiliardi Wizar at a hearing of Antasari`s case at the South Jakarta District Court on Tuesday.

Wiliardi, who is a co-defendant in the murder of businessman Nasrudin Zulkarnaen, said, when he was in police custody, certain police officers had asked him to "do something" to incriminate Antasari. He also said Antasari had been framed (into a situation where he could be easily accused of involvement in Nasrudin`s murder).

Danuri was approached by reporters after he had attended a ceremony marking the transfer of the army chief of staff`s duties at the Army Headquarters here on Wednesday.

Pressed to comment on Wilairdi`s testimony and a House of Representatives (DPR) member`s call for a clarification from him as National Police chief, Hendarso again put his finger on his lips.

His adjutants and guards then pushed the reporters away from him so they could not ask him any further questions.

Danuri only said "Ssst ... sst... later" while waving his hand to the reporters.

The National Police chief was asked to clarify the statement made by former South Jakarta district police chief Wiliardi Wizar on the alleged fabrication of the murder charges against former Eradication Commission (KPK) chief Antasari Azhar.

Wiliardi told the South Jakarta district court on Tuesday that a number of top police officials had forced him to make false statements to implicate Antasari in the murder of businessman Nasrudin Zulkarnaen.

"It should be clarified immediately, because the police image has been tarnished by the allegations," House Commission III member Desmond J Mahesa said.

He said the Police chief should clarify the matter immediately or else the people would continue to question the police`s credibility.


http://www.antara.co.id/en/news/1257963131/police-chief-tight-lipped-over-wiliardis-testimony

SBY yet to speak out on interim report

President Susilo Bambang Yu-dhoyono remains cautious about stepping into the antigraft breach, despite recommendations by his own fact-finding team that two antigraft deputies be cleared of all charges.

The recommendation led Monday to the Attorney General's Office (AGO) announcing it would return the dossier on suspended Corruption Eradication Commission (KPK) deputy chairman Chandra M. Hamzah to the police for lack of evidence. The dossier of Bibit Samad Rianto, another KPK deputy is still under review of the AGO.

The police have since said they would revise the dossier to take the two to trial on charges of bribery, extortion and abuse of power.

Yudhoyono's only response was to urge prosecutors and the police to follow up on the team's interim report.

The team cited for its recommendation the lack any evidence showing that an alleged bribe of
Rp 5.1 billion from businessman Anggodo Widjojo had been paid to Bibit and Chandra to halt an investigation into the KPK's investigation of alleged graft implicating Anggodo's older brother, Anggoro Widjojo.

They also pointed out key witness Ari Muladi, a middleman used by Anggodo in the deal, had handed over the money to another person, Julianto, and not to the KPK deputies, as alleged by the police.

Both Bibit and Chandra have denied ever knowing Ari or Julianto, or receiving the funds.

“The President is not authorized to halt an ongoing legal process," said Coordinating Political, Legal and Security Affairs Minister Djoko Suyanto, to questions about why Yudhoyono had not stepped in, after submitting the team's recommendation to the latter at the Presidential Palace on Monday night.

“That’s why he's asked the police chief and the attorney general to respond to the team's interim report.”

National Police spokesman Insp. Gen. Nanan Soekarna said Tuesday at a press conference the police would gather more evidence to meet the AGO's demands for a watertight case that could be prosecuted in court, after the latter returned Chandra's dossier.

“We'll fix the dossiers by questioning more witnesses,” he said.

Also on Tuesday, Attorney General Hendarman Supandji said at a hearing at the House of Representatives that he respected the team’s interim report, but that the AGO would take Bibit and Chandra to court once the dossiers were complete.

“We're just waiting for the police to revise the dossiers,” he said.

At the same House hearing, legislators from House Commission III on legal affairs questioned the fact-finding team’s recommendations, which they said went beyond their authority.

“The AGO has the authority to assess whether facts included in the dossiers are acceptable or not, and it is up to the court to decide whether a defendant is guilty or not,” said deputy commission chairman Azis Syamsuddin, from the Golkar Party.

“Why would the team make a statement to the media about their judgement in an ongoing legal process? This is something we want clarified.”

Legislator Fahri Hamzah, from the Prosperous Justice Party (PKS), denounced the team's report as biased, saying it had no authority to intervene in the legal process.

Ruhut Sitompul, a legislator from Yudhoyono's Democratic Party, called on all parties to accept the independent team's interim report because it was mandated by the President and its eight members had “worked hard with transparency”.


http://www.thejakartapost.com/news/2009/11/11/sby-yet-speak-out-interim-report.html