After the Indonesian tsunami: Cashing in on the dead

The devastating tsunami has shattered the lives of thousands of people. More than 400 families have lost members — and in the hospitals, of all places, people have been cashing in on the survivors' suffering.

Deutsche Welle, 2 January 2019

A hearse in front of a hospital in Indonesia (DW/J. Küng)

When the relatives of the tsunami victims come to collect the mortal remains of their loved ones from Serang District Hospital in the province of Banten, around 150 kilometers from Java's ravaged coastal region, they are in a state of shock. Jackson Sinaga from Jakarta is one of them. He lost his nine-month-old son to the floodwaters, triggered by the collapse of the Anak Krakatoa volcano just before Christmas. "Satria was fast asleep in a rented villa on Carita Beach when the tsunami crashed through the building," he says. "It happened so fast — I didn't have time to save my little boy."

Traumatized and plagued by feelings of guilt, Jackson has come to collect the boy's lifeless body from the hospital in Serang. However, instead of being met with sympathy, the 29-year-old father is presented with a hefty bill. He's told he has to pay 800,000 rupiah (€50, $55) which he owes for the transport of the body. "In cash," the forensics department employee adds. That's a lot of money in a country where the average monthly wage is less than €240. Jackson, however, is not capable of thinking rationally, and hands over the money.

Family members of the victims are being ripped off

Three more victims' families meet outside the building. They've also been told they owe money — around four million rupiah. This despite the fact that Indonesia's Ministry of Health is paying all costs resulting from the tsunami disaster, in full, with money from the government's coffers. A debate ensues among the relatives of the dead. One of the people who've been swindled collects the receipts and promises to take them to the local authorities.

Receipts issued on forged letterhead

DW confronts the hospital with the accusations, and is invited to speak to its deputy director, Rahmat Fitriadi. When asked if the hospital knew about the illegal takings, Fitriadi bursts into tears. "Neither the management nor our doctors have charged for any services. We have nothing to do with these schemes," says Fitriadi, sobbing. The official letterhead on the receipts is forged, he continues, dabbing the tears from his eyes. "This is a tragedy for our hospital. I hope this scandal doesn't damage our reputation. We support the authorities' investigation and are providing them with all available information."

Fitradi says his hospital has nothing to do with the scam

Investigators from the provincial police in Banten interrogate doctors, forensic scientists and hospital personnel — and open a can of worms. It seem that at least 15 million rupiah have vanished into the pockets of hospital employees. So far, six of the families cheated have been identified. A forensic department employee and two people working with the emergency services have been arrested on suspicion of corruption. The authorities' investigation is ongoing.

Long jail sentences

It's nothing new in Indonesia for workers in public institutions to demand backhanders or issue illegal invoices. Traffic departments will only issue driving licenses within a reasonable time if you make an "extra payment." Teachers at public schools can be bribed to give out the answers to exam questions. President Joko Widodo has repeatedly promised to clamp down on rampant corruption. What is new is people cashing in on the misery of tsunami victims. If those accused are convicted, they could be facing life sentences; they'll certainly go to prison for at least four years.

Right now, though, for Jackson Sinaga, the arrests are of little interest. "I just hope that no more surviving relatives are swindled and met with such lack of empathy," he says. The Sinaga family has certainly lost all confidence in Serang District Hospital. Jackson's brother and sister, who were also badly injured in the tsunami, are no longer being treated at Serang, but at a hospital in Jakarta.

Accident Suspected in Death of Matahari Founder

Jakarta Globe, March 11, 2018

Hari Darmawan was found dead on Saturday (10/03). (B1 Photo)

Jakarta. Hari Darmawan who established Indonesia's largest retail company Matahari Department Store was found dead on Saturday (10/03). His body was pulled from the Ciliwung River near his villa in Bogor, West Java.

It is suspected that Hari, 77, fell into the river when he went to check its overflow the night before.

His family decided to bring the body to Bali for burial.

Hari was last seen at the villa around 8 p.m. on Friday, after a series of meetings, said Ilham Fadjriansah, the family's spokesman and manager of Taman Wisata Matahari.

"It was raining heavily all day long. It's possible that Mr. Darmawan decided to monitor the Ciliwung River's overflow, but lost his balance and fell into the waters," Ilham said.

The police found Hari's body one kilometer away at 6 a.m. on Saturday, after an overnight search.

West Java Police chief Ins. Gen. Agung Budi Maryoto said the police are now questioning witnesses to determine the cause of Hari's of death.

Hari, born on May 27, 1940, had a reputation of being a successful but humble businessman. He opened the first Matahari outlet — Indonesia's first modern department store — in Pasar Baru, Jakarta, in 1972. The company, which is now part of the Lippo Group, operates 156 stores in 73 cities.

"Mr. Hari was a fighter, a true entrepreneur, who built Matahari Department Store and created vast employment opportunities," said James Riady, the chief executive of the Lippo Group.

"He was a good person, friendly, always willing to help others. ... We will pray and hope for God's blessings and solace for his grieving family."

Minister: Indonesia Putting Executions on Hold to Focus on Economy

Jakarta Globe, Basten Gokkon, 19 Nov 2015

Luhut Pandjaitan, the coordinating minister for political, legal and security affairs,
 told reporters in Jakarta on Thursday that President Joko Widodo would not
authorize any more executions pending efforts to revive the economy, which is
growing at its slowest pace in six years. (Reuters Photo/Darren Whiteside)

Jakarta. The Indonesian government has announced a moratorium on carrying out the death penalty in order to focus on improving a sputtering economy.

Luhut Pandjaitan, the coordinating minister for political, legal and security affairs, told reporters in Jakarta on Thursday that President Joko Widodo would not authorize any more executions pending efforts to revive the economy, which is growing at its slowest pace in six years.

“The government needs to focus on Indonesia's economy first,” Luhut said, without giving a time frame for the suspension of executions.

The Joko administration has drawn widespread condemnation from the international community for reviving the death penalty that the previous administration of Susilo Bambang Yudhoyono had largely shelved.

Under Joko, Indonesia has this year put to death 14 people convicted of drug offenses, 12 of them foreign nationals, including a mentally ill Brazilian and two Australians who had reformed and were providing classes and ministry for fellow prisoners.

Foreign Minister Rejects Australia Plea to Save Bali Pair From Death: Report

Jakarta Globe, Feb 12, 2015

Foreign Minister Retno Marsudi, center, is seen in between Coordinating Minister
 for Political, Legal and Security Affairs Tedjo Edy Purdjianto, front left, President Joko
 Widodo, front right,, Trade Minister Rahmat Gobel, back left, and Minister of Manpower
 Hanif Dhakiri, back right, during official inauguration at the Presidential Palace in
Jakarta on Oct. 27, 2014. (AFP Photo/Romeo Gacad)

Jakarta. Indonesian Foreign Minister Retno L.P. Marsudi is reported to have turned down a last-ditch attempt by the government of Australia to spare two of its citizens, convicted of drug trafficking, from the firing squad before the end of the month.

Myuran Sukumaran, 33, and Andrew Chan, 31, are among of batch of mostly foreign death-row inmates scheduled to face the firing squad after their requests for clemency were rejected by President Joko Widodo.

“I have been talking to [Australian Foreign Minister] Julie Bishop twice, our communication is consistent,” Retno said on Thursday as quoted by Indonesian news portal Detik.com.

“I have explained Indonesia’s policy. This isn’t about Indonesia against other countries, it’s about Indonesia against crime,” she added.

“In the past, Indonesia was only used as a transit point for drug trafficking, but now we are the biggest market in Asia and third-biggest in the world. We are in an emergency situation.”

Indonesia is not a larger market for illegal drugs than China or India, two other countries in Asia. More people die from road accidents and smoking than are killed by drugs in Indonesia.

Bishop previously made a statement urging the Indonesian government to show mercy for Sukumaran and Chan, who were found guilty of attempting to smuggle more than eight kilograms of heroin out of Bali in 2005.

A lawyer for the pair, Todung Mulya Lubis, said his clients would challenge the presidential decree rejecting the clemency. However, Justice Minister Yasonna Laoly said the challenge would not be recognized under Indonesian law.

Indonesia has faced strong criticism from the international community and human rights groups for resuming the executions of convicted drug traffickers, while President Joko has been criticized for using fallacious data to claim that up to 50 Indonesians die every day from drug abuse.

Related Articles:

Statement by the Chan and Sukumaran Families

Jokowi Promises to Aid Death Row Indonesians Abroad While Ordering Executions at Home

Why didn't Indonesia's Jokowi stop the execution of drug traffickers?

Indonesia has ignored last-minute appeals by foreign leaders and executed six people convicted of drug trafficking. Analyst Yohanes Sulaiman tells DW President Jokowi is trying to convey the image of a "decisive leader."

Deutsche Welle, 20 Jan 2015

Brazil and the Netherlands recalled their ambassadors from Indonesia on January 18 after Jakarta ignored their pleas and executed two of their citizens by firing squad along with four other drug offenders from Vietnam, Malawi, Nigeria and Indonesia. The six were the first people executed under new Indonesian President Joko "Jokowi" Widodo, who has disappointed rights activists by voicing support for capital punishment.

President Jokowi defended the executions, saying those convicted of drug trafficking will not receive a presidential pardon since Indonesia is facing an "emergency" over drug use. Jakarta had an unofficial four-year moratorium on executions until 2013, when five people were put before the firing squad. There were no executions last year.

In a DW interview, Indonesia analyst Yohanes Sulaiman says President Jokowi appears to have been under no apparent pressure to restart executions and that he is simply trying to convey the image of being a decisive leader in a country where there seems to be public support for the death penalty.

DW: Why does Indonesia have such a strong policy against drug traffickers?

'Overt international pressure to stop the 

executions will backfire spectacularly,' 

says Sulaiman

Yohannes Sulaiman: Drug abuse is a big problem in Indonesia. Each year the number of addicts is increasing. Since it is believed that the majority of drugs in Indonesia are imported, the government believes that by imposing harsh punishment on traffickers, they could reduce or halt the importation of drugs.

Why has President Joko Widodo decided to stick to the country's policy of executing drug offenders?

There is actually no overt pressure from either the party, the media, or the public. However, while there are a lot of discussions on death penalty, generally the public and media in Indonesia are clamoring for the death penalty to be expanded to people engaged in corruption.

A quick glimpse of the media in the past couple of years reveals that there have been few discussions on the death penalty being imposed on drug traffickers - except during a couple of occasions when there were new developments such as the release of Schapelle Corby, an Australian who was convicted and imprisoned for drug smuggling. So the sudden restart of executions comes out of the blue.

My guess is that President Jokowi wants to show "results" and his "decisiveness" especially in the first 100 days of his administration. Keep in mind that the issue of "being decisive" has hobbled Jokowi since the election campaigning, where the opposition kept claiming that he was and would be a very weak leader.

It seems to me that burning ships engaged in illegal fishing and re-imposing the death penalty are things that he could do to stress and buttress the idea that he is a strong, decisive leader, while giving him a huge boost in popularity. In fact, if he stops executions now, he could actually lose a huge amount of prestige and popularity. The death penalty genie is already out of the bottle.

How do you think the latest executions will affect Indonesia's relations with nations such as Brazil or the Netherlands?

I don't see any long-term damage in ties between Indonesia and the Netherlands. Indonesia is one of the most important countries in Southeast Asia and, one could argue, even in the world, thanks to its demographic and geostrategic position. The Dutch have a strong economic relationship with Indonesia - the Netherlands is one of the five main investors in Indonesia. The situation is similar with Brazil, with bilateral trade booming.

Sulaiman: 'The death penalty is
 popular in Indonesia'

Furthermore, both Netherlands and Brazil have close political ties with the country. It is therefore very doubtful that both countries would risk this strong relationship. So while there will be a short-term dip in relations, I don't think this will have a strong impact in the long run.

What about the reactions from human rights groups?

The human rights groups are obviously disappointed, considering many believed that Jokowi would have much better track record in terms of human rights than his electoral rival Prabowo Subianto, who was suspected of being involved in human rights abuses back during the era of Indonesian strongman Suharto.

However, the main question is: Who voted for Jokowi? As already mentioned, the death penalty is popular in Indonesia even though you can argue that its effectiveness is overrated and it is not applied fairly.

What's important is to convey the image that you have a decisive president willing to impose the death penalty on those who are bent on poisoning the minds of the youths with drugs. That could be the image that wins the next election - or shows at least that the president is doing something in the first 100 days of his administration.

Will diplomatic appeals help prevent other executions?

It is a difficult question to answer because there are plenty of factors that might influence this. Obviously, overt international pressure, I think, will backfire spectacularly. The last thing Jokowi wants to have is the image of him kowtowing to foreign governments and pardoning drug smugglers on the death row.

Sulaiman: 'The government believes it
could halt the importation of drugs by
imposing harsh punishment on traffickers'

The opposition and the media would have a field day condemning the government and that also runs counter to the image that Jokowi wants to cultivate, which is the image of him as a "decisive leader" who wants Indonesia to be respected abroad.

I think diplomatic appeals, done quietly and with some incentives behind it, could prevent the executions. The death penalty genie is already out of the bottle, so there's no way that Jokowi could declare that he would stop the executions.

But, he could use the oldest trick in the book: just do nothing and people will forget about it. In order to do that, though, the Australians should put something on the table in exchange for another moratorium on the death penalty. That might work, but it has to be done very quietly.

Yohanes Sulaiman is Lecturer in International Relations and Political Science at the Indonesian Defense University.

Related Articles:

Foreign Ministry: Netherlands, Brazil Ties Not Harmed, Oz Efforts ‘Respected’
Indonesia Says Diplomatic Relations Will Not Suffer Because of Executions

Amid Execution Outcry, AG Says Respect Indonesia’s Laws

Brazil and Netherlands recall Indonesia ambassadors over drug executions

Indonesia executes six drug convicts, five of them foreigners

Last ditch efforts to stop Indonesia executing Utrecht man

Amid Execution Outcry, AG Says Respect Indonesia’s Laws

Jakarta Globe, Jan 18, 2015

Indonesia's Attorney General H.M Prasetyo addresses a press conference
following the execution of six inmates. (Antara Photo/Muhammad Adimaja)

Jakarta. Following international condemnation for the execution of six prisoners for drug trafficking, Indonesia’s attorney general has called on the international community to respect Indonesia’s laws.

“We can understand the reaction coming from the world and countries that had their citizens shot,” Attorney General H.M. Prasetyo told a press conference on Sunday.

“However, every country has to respect the law applied in our country,”

Five foreigners and one Indonesian were killed by firing squad shortly after midnight on Sunday. They included citizens of Nigeria, Malawi, Vietnam, the Netherlands and Brazil. Five inmates were executed at Nusakambangan prison and one at Boyolali prison.

The executions have been condemned by human rights activists and several governments. Brazil and the Netherlands have both recalled their ambassadors from Jakarta.

Federica Mogherini, the European Union’s high representative for foreign affairs and security policy, released a statement on Thursday condemning the planned executions, calling the move “deeply regrettable.”

Prasetyo, however, said Indonesia was opposed to drug trafficking and drug-related crimes would be punished.

“I think they can understand that the death sentence is something that is in effect in Indonesia. They will understand our concern,” he said.

Indonesia resumed the execution of death row inmates in 2013, under former President Susilo Bambang Yudhoyono. Despite its use of the death penalty at home, Indonesia regularly pursues clemency for its citizens abroad.

President Joko Widodo disappointed death-penalty campaigners in December when he said he would not offer clemency to convicted drug traffickers.

Joko argued the extreme measure was necessary to combat the production and distribution of drugs in Indonesia.

The government has also pledged to execute as many as 20 people each year, despite criticism.

Prasetyo said his office was moving forward with the second phase of executions.

“There shouldn’t be any unfinished legal process. Once it’s [the legal process] done completely, we’ll prepare the execution as soon as possible,” he told newsportal Jpnn.com.

Related Articles:

Indonesia executes six drug convicts, five of them foreigners


"Current" Events –  Apr 10, 2005 (Kryon Channelling by Lee Carroll)

"... The Ethics of Life

You, as a Human Being, are designed to appreciate and love life. But you put it in a box. You think you live once. You say, life is precious; make it count; keep it going at all costs; make it work. And the underlying thought is that because you only go around one time, all the purpose is wrapped up in one lifetime. Well, I'm going to give you something to think about, something that happened just recently that tens of millions of people all over earth who have the western news media know of.

It was all about one woman's life, and you know who I'm talking about. I'm talking about Terri [Terri Schiavo]. And I'm going to talk about Terri because, you know, she's here [speaking of the real Terri]! And I'm going to give you a perspective about Terri that perhaps you hadn't thought about before, and as I do it, she's going to watch.

It's very metaphysical, you know? This perspective is one from my side of the veil. Terri leaned into the wind of birth many years ago, just as you did. I was there, too. There were potentials laying in front of her - a track that she could take if she wished. There was no predestination, only predispositions of energy that laid before her: the parents she would have (which she had selected), the man she might meet or marry, the accident waiting to happen. All of these things were in her "potential track," and she could have chosen not to go there.

But like so many of you, she looked at it and examined it. These were the times we spoke to her and said, "Dear one, you're going into another Human lifetime that has a potential that's awesome - grander than most Humans on the planet will ever experience. You'll get to present something to tens of millions of people. You'll make them think about life. You'll change the legal system of your country. You'll awaken peoples' awareness to situations that need to be addressed with respect to morality, integrity, and even intuition. Will you do it?"

And I remember what she said. The grand angel who stood before me, who you now call Terri, smiled broadly and said, "I'm ready for that." And some of you cry in your sorrow and say "Why is this Human dead? How could such a thing be tolerated? Why would such a thing happen? Life is so precious." And I ask you this, as Terri looks on in her joy, would you take this away from her? Would you take that away from humanity, what she showed and did that resulted directly in her passing?

Start thinking of these things, perhaps differently. We've told you before that there are even those Human Beings who come in with a predisposition of suicide! What a horrible thought, you might say. "Kryon, could that even be appropriate?" And we say this: More than appropriate, it's by design! "But why should that be?" You might say. "What a horrible dishonorable death." And if that's your reaction, you're placing the whole grand picture in your own little Human box.

When you start examining it spiritually, without Human bias, you start to see that around a suicide there's this energy that develops. It's all about the family. Is there shame? Is there drama? Does it kick the family in the pants so that perhaps they might study things they never did - or perhaps they might they even look within themselves for spirituality? Blessed is the one that comes in with these tasks [like suicide]. There are so many of them who do. For these are the grease of personal change within families, and provide a gift that is grand!

You see, Spirit looks at these things differently. The curtain goes up, it goes down. You come and you go and there are profound lessons, some of which are taught harshly, by those who teach them through their own deaths.

"Well, what is it Kryon? Don't dodge the question with a diversion to suicide, for this isn't what Terri did. Is it proper or is it improper to have somebody in this vegetative state put to death by others around her?" Our answer: Exactly which Human are you talking about? You want a blanket answer, don't you? For six and half billion souls and paths, you want one answer for all. Well, you won't get one. For Terri, the answer is a solid yes. It was as it should have been. She came in with this grand opportunity to change the world, and she did it while everyone watched.

There is appropriateness in all things and sometimes you create for yourselves what seems to be inappropriate. Yet later you understand what the gift was within the challenge. Celebrate Terri, and don't think of this as a shameful thing that Humans did to her. Think of it instead as a book that was written for you to look at, one which pushes you to a place to ask, "What should we do about this now, personally? What should our legislatures do about this, if anything? How can we approach these things more humanely and with more honor? Is our culture addressing this issue? Are we addressing this issue personally?" Let's put these questions where they belong. It's not about "right to life"; it's about the appropriateness of "this life." Each case is individual, and some are profoundly given for the planet and for those around the individual.

Oh, as all of you came into this planet and leaned into the wind of birth separately, each was unique. Each of you has a different story, a different goal, but all have the same purpose: the elevation of the vibration of the planet. Sometimes it happens to many of you at the same time. We'll get to that before we finish. ..."

"THE THREE WINDS" – Feb 23-24, 2013 (Kryon Channelling by Lee Carroll) (Subjects: Humanity, Home - other side of the veil, Wind of Birth - Birth, Wind of Existence - Life, Wind of Transition - Death) - (Text version)

Indonesia executes six drug convicts, five of them foreigners

Indonesia has executed six people convicted on drug charges, despite international pleas for them to be spared. They are the first executions to take place under new President Joko Widodo.

  

Deutsche Welle, 17 Jan 2015

Five foreigners and an Indonesian woman sentenced to death on drug charges will
 be executed by firing squad despite international pleas, Indonesian officials
said Saturday. (AP Photo/Wagino)

Indonesia on Sunday put to death five foreigners and an Indonesian woman who had all been sentenced to death on drug charges, despite calls for a stay of execution from around the world.

The foreigners came from Brazil, the Netherlands, Vietnam, Malawi and Nigeria. The executions were carried out by firing squad.

Indonesian authorities refused to heed all international requests for clemency. These included a last-minute appeal to President Joko Widodo by Brazilian President Dilma Rousseff to spare the life of her compatriot Marco Archer Cardoso Moreira.

"The enforcement of the death penalty, which is increasingly rejected by the international community, has grave consequences for the relations between our two countries," Rousseff said on Saturday local time after Moreira, 53, was executed despite her plea.

Ex-pilot Moreira was among those
executed

The Dutch government also made a last-minute plea for the life of its citizen, Ang Kiem Soei, 62, that was disregarded as well.

The others who died were Indonesian woman Rani Andriani, Nigerian Daniel Enemuo, Namaona Denis from Malawi, and a woman from Vietnam, Tran Thi Bich Hanh.

'Cruel and inhumane'

The European Union had earlier also urged Indonesia to halt the executions. Foreign policy chief Federica Mogerini called the plan "deeply regrettable," and described the death penalty as "a cruel and inhumane punishment that fails to act as a deterrent and represents an unacceptable denial of human dignity and integrity."

Amnesty International's research director for Southeast Asia and the Pacific, Rupert Abbott, said the executions were "a seriously regressive move," and called on Jakarta to halt plans for future ones. Indonesian authorities say 20 are planned for this year.

Indonesia, which has strict drug laws, ceased executing people in 2008, but began again in 2013, though 2014 saw no one put to death.

Widodo has pledged to bring
reform to Indonesia

Widodo, who took office in October, has disappointed activists by his strong support for capital punishment despite promises to improve the human rights situation in his country. Last month, he rejected appeals for clemency from all those executed on Sunday.

His tough stance has raised concern about other foreigners facing a death sentence, including two Australians who were part of a group, dubbed the "Bali Nine," that tried to smuggle heroin out of Indonesia in 2005.

One of them, Myuran Sukumaran, also had his clemency appeal rejected last month, but his accomplice Andrew Chan is still waiting for the outcome of his.

tj/bw AFP, AP, dpa)

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Amid Execution Outcry, AG Says Respect Indonesia’s Laws
Dutch ambassador to Indonesia recalled following execution

Last ditch efforts to stop Indonesia executing Utrecht man

Vietnamese Drug Convict Awaiting Execution Expresses One Final Wish
Attorney General Announces Six Executions to Take Place Sunday

Widodo has pledged to bring reform to Indonesia

Jokowi Signals Break With ‘Thousand Friends’ Foreign Policy

Editorial: Respect Human Rights, Commute Death Sentences
Jakarta Archbishop Criticizes Indonesia’s Use of Death Penalty
Activists Condemn Upcoming Executions in Indonesia

Last ditch efforts to stop Indonesia executing Utrecht man

DutchNews.nl, January 16, 2015

Foreign affairs minister Bert Koenders has told reporters he and prime minister Mark Rutte are doing all they can to stop Indonesia executing a Dutch national this weekend. 

Koenders said he is using international channels to try to stop Ang Kiem Soei from facing a firing squad on Sunday. ‘There are all sorts of ways to do this, pressure, conviction, alliances with other countries and using our people at the highest level,’ he said.

Kiem Soei was sentenced to death in 2003 for his involvement in an ecstasy production lab in Indonesia.

Four other foreigners from Brazil, Malawi, Vietnam and Nigeria are also due to be executed along with an Indonesian man, international news agencies said.

Another Dutch national is also on death row in Indonesia for ecstasy production. A third Dutch man, also senteced to death for his involvement in ecstasy, died in jail several years ago. 

Some 130 people are awaiting the death penalty in Indonesia, 64 of them for drugs offences, news agency ANP said.

Five foreigners and an Indonesian woman sentenced to death on drug charges will

 be executed by firing squad despite international pleas, Indonesian officials said
Saturday. (AP Photo/Wagino)

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Indonesia executes six drug convicts, five of them foreigners - New

Vietnamese Drug Convict Awaiting Execution Expresses One Final Wish
Attorney General Announces Six Executions to Take Place Sunday

Widodo has pledged to bring reform to Indonesia

Jokowi Signals Break With ‘Thousand Friends’ Foreign Policy

Editorial: Respect Human Rights, Commute Death Sentences
Jakarta Archbishop Criticizes Indonesia’s Use of Death Penalty
Activists Condemn Upcoming Executions in Indonesia

Indonesia Halts Unlimited Case Reviews for Cons

Jakarta Globe, Erwin Sihombing, Jan 09, 2015

Justice and Human Rights Minister Yasonna Laoly. (Antara Photo/
Vitalis Yogi Trisna)

Jakarta. The Indonesian government has stepped in amid a fundamental difference of opinion between the two highest courts in the land over how many case reviews a convict can request after exhausting all other avenues of appeal.

The Justice Ministry will issue a government regulation that will “find a middle path” in the debate engendered by the conflicting stances of the Supreme Court and the Constitutional Court, Minister Yasonna Laoly said in Jakarta on Friday.

“Hopefully we can agree that there won’t be a difference of opinion like we’re seeing today, at least not between different institutions,” he said.

The Constitutional Court ruled in 2013 that an article in the Criminal Code Procedures restricting convicts to just one case review — a post-appeal motion filed with the Supreme Court after it has already issued a final and binding ruling in their case — was unconstitutional, and struck it from the statutes, effectively permitting convicts an unlimited number of case reviews.

On the last day of 2014, however, the Supreme Court issued a letter to all lower courts, the Attorney General’s Office and the Corruption Eradication Commission (KPK) — which prosecutes cases at anti-corruption courts — instructing them to reject all case reviews by death row inmates who had exhausted all avenues of appeal.

Yasonna said that pending the issuance of the government decree, no new case reviews would be granted, but those already underway would be allowed to proceed.

He denied that the government, which has made clear its intention to execute all 64 death-row inmates in Indonesia, was flouting the Constitutional Court’s ruling. Instead, he said the ruling had caused a “vacuum” in the legal process — by allowing unlimited case reviews — that needed to be filled to ensure legal certainty.

Related Article:

Activists Condemn Upcoming Executions in Indonesia

Never a Dull Moment on Jokowi’s Policy Trail

Shake-Up: From the fuel subsidy to executions, the new president has stirred debate

Jakarta Globe, Kennial Caroline Laia, Jan 02, 2015

President Joko Widodo arrives for the 12th Asean India Summit at Myanmar
International Convention Center in Naypyitaw, Myanmar on Nov. 12, 2014.
(EPA Photo/Rungroj Yongrit)

Jakarta. In the just over two months that he has been president, Joko Widodo has earned both plaudits and criticism for some of his policies, most of them a complete 180 on his predecessor’s take on the same issue.

One of his most attention-grabbing moves was to order the sinking of foreign fishing vessels caught poaching inside Indonesia’s maritime borders.

Since then, Maritime Affairs and Fisheries Minister Susi Pudjiastuti has enrolled the Navy to round up 19 boats and sink five of them.

The policy has drawn praise, with observers saying the administration needs to get touch on fish poaching if it is to turn Indonesia into a global maritime fulcrum as Joko envisions.

“It’s necessary to sink those illegal vessels,” says Hikmahanto Juwana, an international law expert at the University of Indonesia.

Under the Susilo Bambang Yudhoyono administration, he says, “fish poaching as a problem was hardly looked into by the government.”

“There are many boats that continue to poach our sea resources, and we’ve done little about the problem,” he says. “So now, by sinking these boats, our government wants to convey its stance that Indonesia will never compromise with any foreign boats that steal our fish.”

Hikmahanto says the sinking of the vessels will not damage relations with the countries where the boats are registered, because Indonesia’s response is targeted toward an illegal act being committed in its own waters.

“We are dealing with illegal fishing boats that violate our maritime territory, not the countries where those boats come from,” he says.

He adds, though, that over the next few years, the government will need to make its policy clear to other countries to prevent unwanted diplomatic rows.

“What’s being done now must be continued. We cannot be discriminatory in selecting the boats,” Hikmahanto says.

“In addition, it is best for the Foreign Ministry to inform other countries around the world that we have this policy in place so there won’t be any misunderstanding. Ideally, these other countries must start prohibiting their fishermen from poaching in Indonesian waters.”

A less flashy though far more impactful policy move under Joko has been the raising of subsidized fuel prices as part of an effort to trim the burgeoning subsidy and allocate the savings to more productive programs.

The hike, Joko calculated, would save the state around Rp 100 trillion ($8.04 billion).

On Nov. 18, less than a month since his inauguration on Oct. 20, Joko duly raised the pump price of the widely used Premium brand of low-octane gasoline, from Rp 5,500 per liter to Rp 8,500 per liter. The price of subsidized diesel sold under the Solar brand also went up, from Rp 5,500 per liter to Rp 7,500 per liter.

But on Wednesday, the government announced that there would be another price adjustment — downward this time, in light of the falling price of crude oil.

As of the first day of 2015, Premium has been tamped down to Rp 7,600 per liter, and Solar to Rp 7,250 per liter.

The move seems to have vindicated critics of the initial hike, who said at the time that there was no urgent need to raise pump prices just them with the world oil price on a decline since June this year.

Another controversial issue in the past couple of months has been Joko’s insistence on not just maintaining by actively implementing the death penalty, which was rarely employed during Yudhoyono’s second term as president.

Joko previously claimed that five death row inmates who had exhausted all avenues of appeal would be put to death in December. The Attorney General’s Office, which is responsible for arranging executions, later said that only two of those inmates would face the firing squad that month.

The AGO typically carries out executions in secret and down not announce whether they have been carried out until well after the fact.

As of Thursday, there was no word yet on whether the two executions, set to take place in Batam, Riau Islands, and Cilacap, Central Java, had been carried out.

Rights activists have accused Joko of reneging on campaign promises to champion human rights.

“Joko has [...] violated the spirit of human rights in our country,” says Hendardi, from the Setara Institute, a rights and democracy advocacy group. “Joko shouldn’t continue this policy. It is against global opinion.

“The government will be better off reviewing capital punishment for drug convicts,” he adds.

“It is useless and wouldn’t serve any deterrent effect for drug dealers. There are no statistics showing that capital punishment discourages drug dealing,” Hendardi says.

Haris Azhar, the coordinator of the Commission for Missing Persons and Victims of Violence (Kontras), says Joko has “no understanding on human rights.”

Related Articles:

Jakarta Archbishop Criticizes Indonesia’s Use of Death Penalty

AGO Adds Another Death Row Inmate to Imminent Execution List

AirAsia, Indonesia and Effective Crisis Management

President Joko Widodo, center, talks to the head of Indonesia’s national search
 and rescue agency, Soelistyo, left, and Chief of the Sea Security Coordinating
 Agency, Vice Admiral Desi Albert Mamahit, right, shortly before a news conference
 about missing Indonesia AirAsia flight QZ 8501 in Jakarta, on Dec. 29, 2014.
 (EPA Photo/Bagus Indahono)