Salawaku

Salawaku Trailer – MIFF

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The remote wilderness of Indonesia’s Maluku Islands provides a magnificent backdrop for this gentle journey of youthful discovery.

In a secluded village in Indonesia’s beautiful Maluku Islands, ten-year-old Salawaku’s older sister has gone. Salawaku takes it upon himself to find her and sets off on a grand journey into the wild heart of his country. Joined in his travels by the son of the village chief and a tourist from Jakarta carrying her own heavy burden, Salawaku will learn to see his sister in a new light after discovering that the world of adults is more complicated than it seems.

From rising star of Indonesian cinema Pritagita Arianegara comes Salawaku, an eye-opening and heart-stirring road movie set in a stretch of the world where roads barely exist. Nominated for eight awards at the Indonesian Film Festival, including Best Film and Best Director, it is a film of surprises and wonder, where difficult secrets and glorious landscapes combine into a tender and morally complex whole.

CLASSROOM DISCUSSION POINTS
Double standards for men and women in different cultures, attitudes towards sex and family, how romance is depicted in cinema, the divide between the country lifestyle and the city lifestyle, knowing how to behave ethically.

MIFF recommends this film as suitable for ages 10+
Very mild themes about unwanted pregnancy and abortion, all of which is mostly indirectly implied through dialogue, and none on which is shown. Some very mild impact scenes depicting characters being pushed around and slapped. One scene where adult characters get drunk.

Source: Melbourne International Film Festival

 

EFEK RUMAH KACA Tiba-Tiba Suddenly konser Again

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Kilometer 95

IMG20170726215048

Hanya berselang beberapa jam saja setelah pesawat Saya landing di Jakarta senin pagi, sambil menunggu bagasi, iseng-iseng Saya cek akun Instagram Saya. Akun @sebelahmata_erk yang merupakan official account band pop minimalis Jakarta, Efek Rumah Kaca men-Share postingan kalau mereka akan mengadakan konser dadakan pada hari rabunya. Konser dengan tajuk “Tiba-tiba Suddenly Konser Again” ini diselenggarakan di ballroom kuningan City. Menggelar konser dadakan bukan hal yang baru untuk Efek Rumah Kaca. Ini adalah kedua kalinya mereka menggelar konser dadakan. Akhir tahun lalu mereka juga menggelar konser dadakan yang berlokasi di Ruru Radio, Gudang Sarinah, Pancoran. Dan kabarnya tiket konser pada waktu itu yang hanya diinfokan beberapa jam menjelang konser terjual habis. Tidak mengherankan sebenarnya, Kesempatan menonton Efek rumah kaca memang menjadi sesuatu yang langka beberapa tahun belakangan karena Cholil, sang vokalis sedang tinggal di Amerika untuk beberapa tahun kedepan. Makanya Kepulangan Cholil ke Indonesia selalu ditunggu para penggemarnya.

Keinginan untuk menonton…

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Indian Troops in Bekasi 1945

Two Poems For B. Resobowo

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By Chairil Anwar

I

Is this journey far?
Just the twinkle of an eye! – How could it be any longer!
Then what?
Of the falling leaves you ask for yourself,
And of the soft sound which becomes a melody!

Does it remain only as a memento?
Look at the woman no longer gazing upward
Nor wistful, the stars have vanished!

So how long is this journey?
Could be a century… oh just the blink of an eye!
A journey for what?
Ask my childhood home which is mute!
My ancestors frozen there!

Is someone touching me to follow?
Is someone lost?
Ah, answer for yourself! – I am still
Homeless and lost………

 

Heaven

By Chairil Answar

Just as my mother and my grandmother too
And as seven generations before
I too ask to be allowed into heaven
which say Masyumi and Muhammadiyah flows with rivers of milk
and is full of beautiful maidens
But there’s a voice inside me weighing this up,
which dares to scoff: Can heaven really be
barren of the waters of the blue oceans,
of the soft touch of every harbor how come?
And also who can say for sure
there definitely awaits beautiful maidens
sounds like they have trouble swallowing like Nina, have Jati’s wry glance?

Malang, 28/2-’47

Published in Pantja Raja, p. 338.

Photo: Indian troops with four armed Indonesians captured at Bekassi before the village was burnt as a reprisal for the murder of five members of the Royal Air Force and twenty Maharatta riflemen whose Dakota transport aircraft crash landed near the village.

http://www.iwm.org.uk/collections/item/object/205208517

Sejarah Kerajaan Negeri Patani

Malay manuscripts from Patani – The British Library – Asian and Africa studies blog

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Patani is a culturally Malay-Muslim region located on the northeast coast of the Malay peninsula, in the southern part of Thailand. It has long been renowned as a cradle of Malay art and culture, and especially as a centre for Islamic learning, with close links with the Holy Cities of Arabia. Patani has produced many notable Islamic scholars, the most prominent being Daud bin Abdullah al-Patani (1769-1847), who lived and wrote in Mecca in the first half of the 19th century. scholars, and Wan Ahmad al-Patani (1856-1908), the first Superintendent of the Malay press in Mecca. Patani is one of the great centres of the Malay manuscript tradition, and many manuscripts from Patani are now held in the National Library of Malaysia and the Islamic Arts Museum Malaysia in Kuala Lumpur.

Map of the province of Pattani
Map of the province of Pattani (Bangkok: Royal Survey Department, 1907). British Library, Maps 60120. (2.)

From the 14th century onwards, throughout Southeast Asia the Malay language was written in an extended version of the Arabic script known as Jawi. However, during the course of the 20th century the use of Jawi declined rapidly, and today in Malaysia, Indonesia, Singapore and Brunei the Malay/Indonesian language is normally written in roman script. Perhaps because of Patani’s location within Thailand, and a system of state education not rooted in roman script, competency in Jawi appears to have lasted longer in Patani than perhaps anywhere else in Southeast Asia. This means that uniquely in Patani, Malay manuscripts written in Jawi have been produced until recently, including, for example, some elaborately decorated hand-written copies of the text Sejarah Kerajaan Negeri Patani, ‘History of the Malay Kingdom of Patani’, by Ibrahim Syukri, which was first published in 1958 and contains references to post-war events.

Sejarah Kerajaan Negeri Patani
Ingeniously decorated late 20th-century manuscript of Sejarah Kerajaan Negeri Patani, showing the start of the second chapter, Pembanganunan negeri Patani dan raja2, ‘The development of Patani and the descent of its rulers’. PNM MSS 3632, reproduced courtesy of the National Library of Malaysia…

Read more at http://blogs.bl.uk/asian-and-african/2017/08/malay-manuscripts-from-patani.html

 

Burnt out car

Heaven

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By Chairil Anwar, 1947

Just as my mother and my grandmother too
And as seven generations before
I too ask to be allowed into heaven
which say Masyumi and Muhammadiyah flows with rivers of milk
and is full of beautiful maidens
But there’s a voice inside me weighing this up,
which dares to scoff: Can heaven really be
barren of the waters of the blue oceans,
of the soft touch of every harbour how come?
And also who can say for sure
there definitely awaits beautiful maidens
sounds like they have trouble swallowing like Nina, have Jati’s wry glance?

Malang, 28/2-’47

Masyumi was a post-World War II Islamic political party.

Muhammadiyah is a major Islamic non-government organisation which was founded in 1912.

Photo: http://www.iwm.org.uk/collections/item/object/205208464

 

Mesjid Cikini Raden Saleh Jakarta 1947

Arctic Tuti

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By Chairil Anwar, 1946

Between happiness now and in the future yawns a great canyon,
my little sis who’s lapping up an arctic ice dessert;
this afternoon you were my love, I decorated with eclairs and Coca-Cola,
my wife in training: we made the clock tick stop.

You’re really good at kissing, there’s a cut I can still feel
– When we rode our bicycles I took you home –
You’re blood’s so hot, how fast you became woman
Visions vivid fly high into the sky

Every day you meet your choice, every time changing;
tomorrow we’ll pass in the street and we’ll totally blank each other;
heaven’s only playing for a moment.

I too am like you, everything passes away quickly
Me and Tuti and Greet and Chinese Honey…… souls abandoned,
Love’s a joy that so quickly fades.

Arctic Tuti (Tuti Artic), Pantja Raja, No. 1 Vol. 2, 15 Nov 1946, p. 482.

Photo: Tjikini moskee aan de Raden Saleh te Jakarta, Indonesië (1947) Fotograaf: Cas Oorthuys Vervaardigingsjaar 1 januari 1947 tot 28 februari 1947

http://resolver.kb.nl/resolve?urn=urn:gvn:NFA02:cas-10031-11

Pawai Tujuh Belasan Di Majalaya

Night Time in the Mountains

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By Chairil Anwar, 1946

I wonder: Is it this moon that makes
the cold,
makes the houses pallid and freezes the forest?
This is the first time I’ve been so completely able to respond to
the desire:
Hey, there’s a little kid playing tips with
his shadow!

Pantja Raja, No. 1 Vol. 2, 15 Nov 1946, p. 482.

‘Er is een Volksraad’

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Java Post

Sedert mei 1918 kende Indië een vertegenwoordigend lichaam, dat aan alle onderdanen gelegenheid gaf tot medewerking aan de behartiging van ´s Lands belangen: de Volksraad. Jan Somers legt uit welke waarde aan dit lichaam moet worden gehecht.

“Er is een Volksraad”: Officiële opening van de Volksraad te Batavia door gouverneur-generaal J.P. van Limburg Stirum (gezeten in het midden op het podium), 18 mei 1918. [KITLV] Door Jan Somers

Misschien was het wel het eerste document met betrekking tot de Volksraad: een brief van 16 april 1891, van gouverneur-generaal Pijnacker Hordijk aan minister van koloniën Mackay, waarin de eerste pleitte voor ge­meentelijke instellingen ‘op den voet der Nederlandsche’, alsmede de instelling van een koloniale raad.

Het zou lang duren voordat het zo ver zou komen. De minister ´antwoordde´ pas op 15 december 1904 aan gouverneur-generaal Van Heutsz: “Op den duur kan mijns inziens de geheel afhankelijke positie waarin Indië verkeert niet…

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Will Indonesia’s Corruption Eradication Commission Be Paralyzed During the Term of President Jokowi?

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By Budiman Tanuredjo, Kompas daily,  4 July 2017

The actions of the Indonesian House of Representatives Committee of Inquiry into the Corruption Eradication Commission (KPK) are becoming increasingly absurd. The Inquiry Committee is to go on safari to Pondok Bambu and Sukamiskin prisons to meet inmates convicted of corruption offences. It is hoped the Inquiry Committee will find information on how the corruption convicts were treated inappropriately by the Commission.

“We want to look for information about anything they have felt while they were witnesses, suspects and prisoners convicted in corruption cases,” said Deputy Chairman of the Inquiry Committee Rep. Risa Mariska (PDIP-West Java), House member for the electoral district covering the towns of Bogor and Bekasi. She said the Inquiry Committee has received information there was improper treatment when the suspects were interviewed by the Corruption Eradication Commission.

Doubtless the Inquiry Committee will not have any trouble meeting any number of corruption convicts. Take for instance former Chief Justice of Indonesia’s Constitutional Court Akil Mochtar, former Democrat Party Representative and party treasurer Muhammad Nazaruddin, former Democrat Party Representative and party secretary-general Anas Urbaningrum, former Democrat Party Representative Angelina Sondakh, former Banten province Governor Atut Chosiyah, along with any number of other names. From them, one can guess, will emerge any amount of ammunition to finish off the Commission as an ad hoc institution ending in the Commission being disbanded or neutered.

Parahyangan University criminal law lecturer Agustinus Pohan views the effort of the Inquiry Committee as an attempt by politicians to take revenge on the Commission. “The fight against corruption is now dealing with white-collar plunderers who want to prove their power to pay back,” Pohan said.

Earlier, Deputy Chairman of the House Inquiry Committee into the Corruption Eradication Commission Rep. Taufiqulhadi (Nasdem-East Java) planned to invite constitutional law experts to justify the legality of the Inquiry. “Some say this inquiry is not appropriate. Different opinions are all right but we hope it can be kept balanced,” said the National Democratic Party politician, as quoted by Kompas daily on 30 June 2017.

The action of the Inquiry Committee in inviting constitutional law experts Professor Dr Yusril Ihza Mahendra and Professor Jimly Asshiddiqie will be a priority before it calls Rep. Miryam S Haryani (Hanura-West Java) who has been detained by the Commission. Miryam was declared a suspect by the Commission over allegations of providing false information. Her case is to go to trial soon.

The origins of the House Inquiry Committee started when the Commission leadership rejected a request from House of Representatives Commission III to make public the recording of the examination of Miryam Haryani by Commission investigators. The Commission refused to make the recording public without a trial. Up until now, recordings resulting from wiretaps have always been made public in trial hearings. Previously as a witness appearing before the Criminal Corruption Court, Miryam retracted part of her testimony contained in a brief of evidence giving as the reason that she had been coerced by Commission investigators.

In response to the retraction of her testimony in the brief of evidence, senior Commission investigator Novel Baswedan was examined as a witness in the trial. Novel testified there had been no intimidation or coercion. Novel went so far as to claim Miryam had been influenced by House of Representatives colleagues to retract the testimony in the brief of evidence. Novel mentioned several names including Rep. Bambang Soesatyo (Golkar-Central Java) and Rep. Masinton Pasaribu (PDIP-Jakarta) as those who had influenced Miryam. She denied ever having referred to their names. From this, House Commission III asked the Corruption Eradication Commission to make the recording public which the Commission refused to do.

Whether it is related or not is not known, but Novel Baswedan was attacked with acid by an unknown assailant several days after testifying. His eyesight was damaged. He was taken to hospital and is still receiving ongoing treatment. Police are still investigating the case but so far the person who sprayed Novel with acid has not been identified.

After undergoing further questioning at the Commission’s Jakarta offices on Wednesday 21 June, Hanura Party politician Rep. Miryam S Haryani’s (Hanura-West Java) brief of evidence was declared complete, or Form 21 was issued, and ready for trial in relation to the case of providing false testimony in the electronic identity card implementation corruption trial.

Strong resistance

The House of Representatives Inquiry Committee into the Commission seems to need to look for political support from constitutional law experts. Earlier 357 academics from various universities and a range of disciplines issued a “petition” rejecting the House Inquiry Committee into the Commission on a number of grounds. The 357 academics included Professor Dr Mahfud MD, Professor Dr Denny Indrayana, Professor Dr Rhenald Kasali and many other prominent academics.

Inviting experts in constitutional law or inviting anyone else is obviously perfectly legitimate. The Inquiry Committee has indeed been given legislative authority to do that. No one is denying that the House of Representatives has the right of inquiry, the right of interpellation and the right to express opinions. But what actually has become an issue is whether it is appropriate for the House to exercise the right of inquiry for the Corruption Eradication Commission. The Commission is a law enforcement agency and an independent institution, not part of the government. Is the action of the House of Representatives in exercising the right of inquiry in line with the will of the people it represents?

Resistance to the use of the House of Representatives’ right of inquiry for the Commission indeed has been strong. The open letter of 357 academics across numerous universities and disciplines is one form of this. These academics have very clearly captured the intention of the House of Representatives in using the right of inquiry as to weaken the Corruption Eradication Commission. The academics have rejected the use of the House’s right of inquiry for the Commission.

Presently, the Commission is investigating a case of alleged corruption involving the procurement of an electronic national identity card involving a number of House members, including House Speaker Rep. Setya Novanto (Golkar-East Nusa Tenggara) who has been banned from travelling overseas. The alleged loss to the public revenue is substantial.

A Kompas daily poll of Monday 8 May 2017 also contained the same message. As many as 58.9 percent of respondents felt the House decision to use the right of inquiry did not represent the interests of the community. While those who thought that it did represent the interests of the community amounted to 35.6 percent. The majority of respondents (72.4 percent) believed the use of the House right of inquiry into the Commission was related to the Commission’s investigation into the electronic identity card corruption case.

In the virtual world, one internet user, Virgo Sulianti Gohardi, garnered support for a petition against the right of inquiry on the site Change.org. As of midday Friday 30 May 2017, the petition had been signed by 44,350 people. Virgo targeted the petition to be signed by 50,000 people.

In terms of representation theory, the formation of the House of Representative Inquiry Committee for the Commission really does not have social legitimacy or has a very low level of representation. In addition, the Democrat Party (PD) House faction, the Prosperous Justice Party (PKS) House faction, and the National Awakening Party (PKB) House faction have refused to join the Inquiry Committee.

“The Democrats are not responsible for anything in the Inquiry Committee,” said House Deputy Speaker from the Democrat Party Rep. Agus Hermanto (DP-Central Java) at the congress building while stressing that the Democrat Party does not agree with the Inquiry Committee for the Commission.

“We reject the weakening of the Corruption Eradication Commission through the inquiry. The Prosperous Justice Party (PKS) was being consistent by not sending any members, but the PKS is still critical of the Commission,” said Head of the PKS Advisory Council Rep. Hidayat Nur Wahid (PKS-Jakarta). National Awakening Party (PKB) party Chairman Rep. Muhaimin Iskandar (PKB-East Java) was also of the same opinion, rejecting the use of a House inquiry into the Commission.

History of House inquiries

The right of inquiry is a constitutional right of the House of Representatives. No one can deny this. Article 20A Paragraph 2 of the 1945 Constitution explicitly regulates the right of inquiry. During the period of parliamentary government in the 1950s, the issue of a right of inquiry was also provided for by Public Law No. 6 of 1954 concerning the Right of Inquiry.

Over Indonesia’s history, the right of inquiry was first used in 1959, starting with a resolution by RM Margono Djojohadikusumo that the House of Representatives use its right of inquiry for the government’s efforts to obtain and how it had used foreign exchange. As recorded by Subardjo in The Use of the Right of Inquiry by the Indonesian House of Representatives in Overseeing Government Policy, an inquiry committee during Prime Minister Ali Sastroamidjojo’s first cabinet (30 July 1953-12 August 1955) was given six months. However, this was subsequently extended twice and the committee completed its work in March 1956 during the administration of Prime Minister Burhanuddin Harahap’s cabinet (12 August 1955-24 March 1956). Unfortunately, the fate of this inquiry committee and its results are unclear.

During the New Order period, the House of Representatives also used the right of inquiry several times in relation to the Pertamina case. However, efforts to shake the New Order government failed and were rejected by a plenary session of the House. The New Order government was strong enough to prevent the use of the right of inquiry which had been initiated by Santoso Danuseputro (PDI) and HM Syarakwie Basri (FPP).

In the Reformasi (reform) era, the right of inquiry has also been used. However, all the targets of the right of inquiry have been the government and this is consistent with the legislation.

Legislation on the People’s Consultative Assembly (MPR), House of Representatives (DPR), Regional Representatives Council (DPD) and regional legislative assemblies (DPRD) regulates the right of inquiry. Article 79 concerning the Rights of the House of Representatives provides among other things that the House of Representatives possesses the right of inquiry. The right of inquiry is the right of the House of Representatives to investigate the implementation of a law and/or government policy which is related to important, strategic matters and has a broad impact on the life of the community, nation and state which allegedly conflicts with the law. The legislation also provides that an inquiry committee has to be joined by all House of Representatives factions.

From a legality standpoint, the House of Representatives Inquiry Committee for the Commission also does not satisfy the aspect of  legality. Historically, the right of inquiry was given to the House of Representatives to investigate government policies which are in conflict with the law. Whether it was the New Order government or post-Reform governments, it has only been the current 2014-2019 House of Representatives which has innovated by using the right of inquiry for a national commission named the Corruption Eradication Commission. The Commission is not the government. The Commission is a law enforcement agency.

The law also requires that an inquiry committee draw members from all factions in the House of Representatives. Thus, when the Democrat Party (DP) House faction, the Prosperous Justice Party (PKS) House faction, and the National Awakening Party (PKB) House faction did not send any representatives, the jurisdictional legitimacy of the Inquiry Committee became problematic.

Members of the public in the Healthy Indonesia Movement unfurled posters and banners in front of the offices of the Corruption Eradication Commission in Jakarta on Thursday (15/6). Consisting of writers, artists and anti-corruption activists, the crowd stated that they rejected the inquiry being rolled out by the House of Representatives.

From the political perspective, those who initiated the use of the right of inquiry are overwhelmingly from the parties which support the government. There are the Indonesian Democratic Party of Struggle (PDIP) House faction which is the main supporter of the government of President Joko Widodo together with the National Democratic Party (Nasdem) and the People’s Conscience Party (Partai Hanura). This coalition of government supporters is actually the group which has been keen to propose the use of the House right of inquiry.

Then there is President Jokowi. He has been placed in the position of a hostage by party officials of his own PDIP. President Jokowi has said he can not interfere in the affairs of the House of Representatives because an inquiry is the business of the House. President Jokowi hopes only that the Commission is still  strengthened.

President Jokowi’s attitude towards the Commission feels different this time. When there was conflict between the Corruption Eradication Commission and Indonesia’s National Police, and the public supported the Commission, President Jokowi demonstrated a firm political stance in support of the Commission. Likewise, when the Commission investigator Novel Baswedan was to be arrested, President Jokowi called loudly for Novel not to be arrested. However, this time President Jokowi is like a hostage, allowing the Commission to be de-legitimized by a coalition of his own supporters in the House of Representatives.

Will the Corruption Eradication Commission be paralyzed during the term of President Joko Widodo? History will record the answer.

Source: Akankah KPK Lumpuh di Era Presiden Jokowi?

Indië, zoals het was

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Java Post

In 1956 verscheen van Menno van Meeteren Brouwer het schetsboek “Nederlands-Indië zoals het was”. Zo´n titel verkoopt natuurlijk, zeker als de doelgroep bestaat uit personen die net uit Indië zijn vertrokken en nog graag aan hun geboortegrond terugdenken. In de inleiding schreef hij: “Ik hoop dat mijn oude vrienden en bekenden uit die dagen, aan wie ik deze uitgave opdraag, door deze momentjes nog even herinnerd mogen worden aan hun goeden Indischen tijd, aan ´zoals het was´.”

Indië zoals het was? Leo Eland: dorp aan het Tobameer, 1920.

Natuurlijk verbeeldden de schetsen van Van Meeteren Brouwer niet Indië zoals het was, maar meer zoals hij, en anderen, het zagen, of, misschien nog beter gezegd: zoals ze het wílden zien.

Maakt het wat uit als we de werkelijkheid een beetje aanpassen? Bij de schilderijen van Leo Eland stellen we ons die vraag niet eens, want ze zijn, zoals de Fransen zouden…

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The Role of the Indonesian Attorney General’s Office as dominus litis in the Fight Between the Corruption Eradication Commission and the Indonesian National Police

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By Adery Ardhan Saputro S.H. (Researcher with the Indonesian Justice Monitoring Community of the University of Indonesia Faculty of Law – MAPPI FHUI), Thursday, 5 February 2015

Background

The chaos occurring now between two Indonesian law enforcement agencies, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi or KPK) and the Indonesian National Police (Polisi Republik Indonesia or POLRI), was triggered by the decision of the Corruption Eradication Commission to declare Police Commissioner General Budi Gunawan a suspect in a corruption investigation. Gunawan was also it should be noted candidate for promotion to the position of national police chief, announced by President Joko Widodo and approved by Commission III of the Indonesian House of Representatives. Several days later officers of the Indonesian National Police declared Deputy Head of the Corruption Eradication Commission Bambang Widjojanto a suspect in a criminal investigation in relation to allegations he had obtained false statements from a witness, in breach of Articles 242 and 55 of the Indonesian Criminal Code, during a Constitutional Court case concerning the disputed election for the District Head of West Kotawaringin Regency in Central Kalimantan Province in 2010.

Upon the arrest of Widjojanto, anti-corruption activists and members of the public reacted strongly, flocking to the Corruption Eradication Commission’s offices and protesting strongly over the police action, widely regarded as an arbitrary abuse of power. The storm of protest and controversy has even destabilize the country, evidenced by the statement of head of the Indonesian Armed Forces’ public relations unit Major General Fuad Basya that, “the military is ready to secure the Corruption Eradication Commission’s offices in the event the Police decide to raid the Commission.” President Joko Widodo on the other hand has not taken any meaningful action, afraid of appearing to intervene improperly in a law enforcement issue.

Friction between two investigative agencies is common in other countries. In the United States for example, a dust up over the authority to investigate narcotics cases between the Federal Bureau of Investigation (FBI) and the Drug Enforcement Administration (DEA) has broken out on a number of occasions. However, this friction doesn’t cause such serious problems because hierarchically both agencies are directly under the authority of the US Attorney General. The Attorney General in fact has a critical role and is vital to the criminal justice system. A situation such as the controversy now being referred to in Indonesia as “KPK vs POLRI” would not be possible in the United States.

Position and Duties of the Attorney General in Indonesia’s Code of Criminal Procedure

If we reflect on the situation in Indonesia, even though the Attorney General’s Office is generally seen as holding the position of dominus litis, in this controversy it has not taken any meaningful steps to act as intermediary in the fracas. This is clear from the statement of the head of the Attorney General’s public information office Tony Spontana that, “We are guided solely by the Code of Criminal Procedure and we don’t want to be drawn into the polemic. The Attorney General’s Office is currently preparing to issue a direction appointing an investigating prosecutor to be assigned to monitor developments in the investigation.”

From Spontana’s statement we can draw a number of conclusions. 1. The Attorney General’s Office can only monitor and issue directions in relation to the result of an examination of a case file prepared by the Police. 2. The Code of Criminal Procedure prohibits the Attorney General’s Office from becoming directly involved in an investigation conducted by the Police. 3. The relationship between the police as investigator and the Attorney General’s Office according to the Code of Criminal Procedure is limited to functional coordination only. In the light of this, based solely on the Code of Criminal Procedure, Spontana’s argument can be regarded as appropriate, which is to say the authority of the Attorney General’s Office is limited to only monitoring a police investigation and does not extend to the supervision of a police investigation into a case. This is because the principle of functional differentiation on which the Code of Criminal Procedure is founded is the root cause of the problem of frequent friction between the two investigative agencies.

In relation to the police case against KPK Commissioner Bambang Widjojanto, the principle of functional differentiation will lead to significant problems in the future especially for the institution of the Attorney General’s Office. The institution of an attorney general which investigates solely on the basis of case files alone without being permitted to conduct investigations directly can create obstacles to the presentation of  evidence during court hearings. Assuming the case file for the Bambang Widjojanto investigation is regarded as complete by the Attorney General’s Office, the Attorney General’s Office would issue a P-21 Form on the basis of evidence obtained during the investigation. Later at the trial phase, should it become known that in fact some of the items of evidence were obtained other than in accordance with the law, or even, that a certain number of witness statements provided to investigators had been coerced, this could have the implication that the provision of evidence by the prosecution was less than optimal with a reduction in the evidence available for use by the public prosecutor to prove the guilt of the accused.

Thus there is a need for a strong connection between public prosecutors and cases being brought against accused persons which is not simply limited to an examination of case files, or merely to the provision of guidance to investigators. Rather, prosecutors should be able to conduct investigations directly (opsporing) or at least be able to conduct follow-up investigations (nasporing) in relation to enquiries already undertaken by investigators. The aim of this would be for prosecutors to be able to establish how investigators obtained evidence in a case and at the same time to establishing whether a suspect really was a party worth taking to trial.

In contrast, the position and duties of the Attorney General’s Office as dominus litis is in fact very clear in the provisions of the Revised Indonesian Code (Herziene Indonesisch Reglement or HIR). While the HIR remained in force, an investigation was an inseparable part of a prosecution. This authority establishes the Prosecuting Investigator as public prosecutor to be both the coordinator of an investigation and also as having the ability to conduct its own investigations. As a result, the Attorney General’s Office was in the position of a key institution in the overall process of criminal law enforcement from beginning to end.

With the repeal of the HIR by the Code of Criminal Procedure, the authority of the Attorney General’s Office to conduct investigations (opsporing) has been de-legitimised indirectly by the Code. However, the authority of the Attorney General’s Office as dominus litis did not disappear immediately with the repeal of the HIR. This is because of Article 27, paragraph (1), subparagraph (d) of Law No. 5/1991 concerning the Attorney General’s Office which provides that: “(1) In the area of crime, the attorney general’s office has the task of and authority to: (d) complete a particular case file and for this supplementary inquiries can be conducted before being transferred to the court which in their conduct are coordinated by the investigator.”

This provision clearly affirms that the attorney general has the authority to conduct additional investigations (nasporing). This authority affirms that the attorney general continues to constitute the agency in control of a case even at the investigation stage. This is also provided for by Article 30 paragraph (1), subparagraph (d) of Law 16/2004 concerning the Indonesian Attorney General. So the attorney general does in fact have the authority to carry out additional enquiries (nasporing) and as a result, the attorney general has the authority to ensure that investigations carried out by investigators have been conducted properly.

Thus although the Criminal Procedure Code appears to provide for the attorney general having a merely functional coordinating role in investigations which are to be conducted by the police, in fact if one relies on Article 30, paragraph (1), subparagraph (d) of Law No. 16/2004, in fact the Attorney General is able to take action beyond that of merely monitoring the results of police investigations or examining case files based on witness testimony alone. Quite the contrary, the Attorney General’s Office may take a more important role in the process of the inquiry into the case of Commissioner Bambang Widjojanto by way of additional inquiries into the relevant witnesses or suspects.

Quite apart from the attorney general being able to conduct additional inquiries, the writer is of the view that there are still problems in our criminal justice system. This is illustrated by the possibility of conflict between law enforcement agencies in dealing with an investigation. The current dispute indicates that the differentiation and the independence of each law enforcement agency in handling cases represents a conceptual mistake. Because of this there is a need for change in the criminal justice system in Indonesia to minimize friction between law enforcement institutions.

Integrated Criminal Justice System Reform

Change in the roles and duties of the Attorney General’s Office has in fact been accommodated by the proposed Criminal Procedure Code Bill. This is evident from the provisions of Article 46, paragraph (3) and (4).

Article 46 paragraph (3): If the public prosecutor still finds deficiencies in relation to a case file, the public prosecutor may ask the investigator to conduct additional investigations by giving instructions directly or can conduct additional inquiries prior to transferring to the court the implementation of which is coordinated with the investigator.

Article 46 paragraph (4): In subsequent case inquiries if necessary certain legal action to facilitate the conduct of hearings in court or the execution of judicial decisions, the public prosecutor can take legal action himself or ask for investigation assistance to be conducted.

These two articles affirm that the public prosecutor represents the party in control of a case at the investigation stage, even though the case is conducted by a different agency. The writer would add that despite the expanded authority of the attorney general in coordinating investigations, the Bill is not yet able to make the position of the attorney general into that of mediator in the event that the problem of sectoral egos arises between law enforcement agencies in the conduct of a case.

In relation to this problem, solutions can be suggested from the example of criminal justice systems in other countries. Examples include: 1. Coordination between police and prosecutors in the Netherlands is provided for by the Wet Bijzondere opsporingsbevoegd-heden, the Special Powers of Investigation Act or BOB, which came into force on 1 February 2000. This provides that the public prosecutor’s office is the appropriate agency to lead a criminal investigation. 2. Changing the hierarchy and position of the attorney general in Indonesia to be like that in the United States. By positioning the attorney general to be at the same time the Minister of Justice representing the highest agency in control of a case and the use of one investigation warrant (Surat Perintah Pemeriksaan or SPP).

Hopefully the case between the Corruption Eradication Commission and the Indonesian National Police will create momentum for improvement in the criminal justice system in Indonesia. At the same time hopefully it will be a forum that demonstrates the role of the Indonesian Attorney General as the dominus litis agency which is in control of criminal cases. Finally it is to be hoped that reform of the criminal justice system and the future operation of the criminal justice system will be based solely on legal perspectives without being influenced by considerations of a political nature.

De poedel van het Waterlooplein

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Het begin van de 19e eeuw zou van cruciaal belang blijken te zijn voor de geschiedenis van Nederlands-Indië. Met de teloorgang van de V.O.C. was een herstel van de macht van de Indische vorsten niet onwaarschijnlijk. De gebeurtenissen in Europa deden echter een nieuwe koloniale wind opsteken.

Waterloo monument te Batavia

Het waren roerige tijden. Om te beginnen was daar de pro-Napoleontische gouverneur Herman Willem Daendels, die, aangesteld door het in Nederland heersende Franse bewind, de macht naar zich toe trok door de aanleg van de Groote Postweg en de uitbreiding van het koloniale leger.  Het bleek echter onvoldoende om de in 1811 op Java landende Engelsen tegen te houden.  De nieuwe bestuurder, Thomas Stamford Raffles, was misschien iets meer verlicht dan zijn voorganger (onder zijn bewind zag de plantentuin in Buitenzorg het licht), veel veranderde niet.

Toen Napoleon voor het eerst door de Geallieerden verslagen was, in 1814…

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