Zuidoost-Azië: Insulair / Indonesië / Jawa / Jawa Tengah (provincie) / Pekalongan (regentschap)

Pretty

By Murya Artha

We met in plenary session the other day and our leader’s plan
was the decision of the meeting in 1945
on the seventeenth of August four years of bloody history ago
the day we thrashed out the real reason, down to the basic problem
right to the root cause of the tyranny
let us decide, one by one; we have to be boldly democratic

Get past these ugly and disgusting incidents
put aside the dark memories and signs of failure to build
otherwise: one color and the determination of 70 million will have been wasted
under pressure we were the ones who thundered before
who extinguished every trace of the spirit of Deandels and Janfiter Soon Coen…

 


Source: Siasat Magazine, Number 171 Year IV, 18 June 1950.

Murya Artha was born in Parincahan Village, Kandangan, Hulu Sungai Selatan District, South Kalimantan August 20, 1920 as M. Husrien. He used pseudonyms including Bujang Far, Emhart, HR Bandahara, M.Ch. Artum, M.Chayrin Artha, and Artha Artha. He passed away at Banjarmasin October 28, 2002.


Source: (Siasat, 1950) Puisi Murya Artha: Juita

On Governor-General Jan Pieterszoon Coen see Loth, V. C. (1995). Pioneers and Perkeniers: The Banda Islands in the 18th Century. Cakalele, 6, 13-35.

Featured image: Zuidoost-Azië: Insulair / Indonesië / Jawa / Jawa Tengah (provincie) / Pekalongan (regentschap)

 

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Detachement op Borneo Hoeloe Soengai, 28 Februari 1949

Meeting

By Murya Artha

Among those who have roles at meetings,
in the midst of our revolution’s ongoing battle of dexterity
a lot of dead meat heaps up cracked earth
as if this world doesn’t have enough of God’s grace
and never has enough tools to fill the holes.

 


Source: Siasat Magazine, Number 171 Year IV, 18 June 1950.

Murya Artha was born in Parincahan Village, Kandangan, Hulu Sungai Selatan District, South Kalimantan August 20, 1920 as M. Husrien. He used pseudonyms including Bujang Far, Emhart, HR Bandahara, M.Ch. Artum, M.Chayrin Artha, and Artha Artha. He passed away at Banjarmasin October 28, 2002.


Source: (Siasat, 1950) Puisi Murya Artha: Rapat

Featured image: Slechts weinig is bekend over het leven van de militairen in de Hulu Sungei op Borneo

 

Giant Turtle, Kartini Beach Jepara

The Sufi Teacher Passed By…

By Seno Gumira Ajidarma

One ordinary sleepy day a sufi teacher landed in Jakarta on his magic carpet at the gates of the toll road leading from Jakarta to Cengkareng International Airport. He hopped down and strolled into Jakarta as his magic carpet flew off again back up into the heavens.

It happened to be a Friday and at midday the sufi teacher went looking for the nearest place to perform his Friday prayers. He walked into the office block he was passing and on the ground floor found a small prayer room. The usual plastic prayer mats were laid out ready for Friday prayers but the room was still empty. A man who seemed to be the prayer room attendant was getting ready to perform his prayers, so the sufi teacher asked, “Prayer room attendant, isn’t it Friday today and shouldn’t everyone be here performing their prayers?”

kebenaran

“True. Usually there are lots of people here on Fridays to pray. The office workers in this building prefer to pray here on the ground floor rather than go out and look for a mosque.”

“But prayer room attendant, why isn’t anyone at all here today even though it’s time for prayer?”

“Ah, they’re all praying on the ninth floor.”

“And why is that?”

“Because.., it’s air conditioned. They say the atmosphere there is more conducive to prayer, and it’s nice and cool on the ninth floor, while down here it’s hot and sticky.”

“Ah, I see,” replied the sufi teacher in English, nodding.

And so he and the attendant performed their prayers together by themselves with the attendant leading the devotions.

When they had finished, the sufi teacher continued on his way looking for Gus Dur, the director of the Islamic community organization called Nahdlatul Ulama. He wanted to ask whether Americans could use the English phrase ‘good morning’ instead of the Arabic greeting ‘Assalamu alaikum’.

A month later the sufi teacher was again going past the same building and as it happened to be right on time for midday prayer he once again entered the building.

It turned out that this time there were dozens of people preparing to pray in the small prayer room. There were so many in fact that they were spilling out of the prayer room into the lobby as the fiery sermon lambasted the spread of worldly greed.

The sufi teacher again asked the attendant, “Prayer room attendant, why are there now so many people praying here, so many that they are overflowing into the lobby? What has become of the air conditioned prayer room on the ninth floor?”

“Sojourner, the office workers have come back here to pray because the air conditioning is out of order, and the room which used to be so nice and cool is now unbearably hot. Because of the humidity on the ninth floor, they now want to pray here; if they are lucky they might catch a passing breeze.”

The sufi teacher again nodded, saying in English, “I see. I see.” Then he continued, “Well then, take note prayer room attendant. Reflect on this question: Is there any difference between those who pray in an air conditioned room and those who do not?”

The prayer room attendant was silent, and, after midday prayers were over, forever more followed the sufi teacher wherever he went.

One day on their travels they arrived at the edge of a river somewhere in Central Java where there was no bridge. To cross to the other side it was necessary to use a small bamboo raft. The raft landing on the other side was not directly opposite and had to be reached by using a punt some way along the bank before crossing over.

Punting along the edge of the river the sufi teacher noticed a man fishing at the edge of the river who didn’t seem to be using any bait. But even though the fisherman wasn’t using any bait, the fish were just jumping from the water by themselves and landing in the man’s basket, filling it to overflowing. As the basket filled, the local people emptied fish into their own baskets and carried them away to their homes. The villagers flocked to the fisherman’s basket.

Amazed at this sight, the sufi teacher asked the raft keeper, “Raft keeper, who is that man by the river fishing without any bait?”

“That’s Saint Jagakali.”

“Who’s he?”

And so the raft keeper told the sufi teacher the story of the fisherman. It was said that long ago in that village there had lived a fisherman who lived solely from the fish he caught. Every day he would take his catch, return home and cook and eat it. One day one of the fish he caught was flapping gasping on the ground near him when it had begun speaking to him.

“Fisherman, please let me go. Grant me a great blessing and throw me back into the river. What good can I be to you? The small amount of flesh on my tiny bones will hardly fill you.”

The fisherman was astonished, but replied, “Talking fish, why do you speak to me this way? Does a fisherman not have the right to eat a fish he catches? This is the way it has always been, and the way it always shall be.”

“But life is like a wheel,” replied the fish. “What would happen if you should die and be reborn as a fish?”

The fisherman laughed aloud and threw the speaking fish into his basket.

Finally after the fisherman had died he was indeed reborn as a fish. On the other hand, after passing away the talking fish was also reborn, but as a fisherman.

One day the fisherman who had once been a fish caught the fish who had at one time been a fisherman. The fish who had been a fisherman was also able to speak.

“Good fisherman, I beg you to let me go because I am just a small fish and life means so much to me. My small body will hardly provide you with enough. Please throw me back into the river and set me free.”

The fisherman who had once been a fish happened to recognize that the fish he had caught was the fisherman who had once caught him.

The fisherman said, “Talking fish, do you not remember that once you were a fisherman and that once you refused to grant the request of a small fish. I am that very fish, and now you must experience what I felt that day.”

“No! Please! Haven’t you thought that one day you might be reborn yet again as a fish and I as a fisherman who might catch you? Remember that life is like a wheel, spinning around and around and around.”

“I don’t care; I desire vengeance. Aha ha ha ha ha!” responded the fisherman as he threw the fish into his basket. The fish flip-flopped backwards and forwards with slowly weakening flicks until it was finished.

In its next life, the fish did return as a man and the fisherman too returned, this time as a fish. The man who had once been a fish who had once been a fisherman did indeed become a fisherman who loved fishing more than anything in the world. But he did not forget that once he had killed a fish and had finally as a fish himself been killed by a fisherman despite his pleas for mercy. Full of reverence, he resolved to return the fish he had caught to the river.

Hence forth the fisherman fished without using any bait. The strange thing was that ever since he had decided not to use bait the fish had just leaped from the water by themselves into his basket. Even then he couldn’t bring himself to eat the fish so he allowed the local villagers to take them. As there were more fish than a fish factory the local villagers took them gratefully.

The fisherman would sit by the river day and night fishing, refusing to use any bait. He did not want to eat any of the fish and he lived solely from the dew that formed on his lips in the morning, chanting the mantras of the poet Sutardji Calzoum Bachri:

How many centuries must pass,
How many watches must stop,
How many signs must appear,
How many steps must I take,
Before I am able to reach You?

Over time, the fisherman had been given the name Saint Jagakali after the great Muslim mystic of Central Java, even though the fisherman himself had acknowledged no creed.

When the sufi teacher and the prayer room attendant arrived at the other side of the river, the sufi teacher thanked the raft keeper and together he and the prayer room attendant continued on their journey to East Java.

The sufi teacher wanted to meet the chairman of Nahdlatul Ulama, Kiai Ahmad Shiddiq, to ask the venerable teacher what he would think if Michael Jackson and Jean-Michel Jarre were to record Arabic devotional songs.

After that, the sufi teacher wanted to summon his flying carpet and return to Isfahan. He was planning to drop into Qom and let Khomeini know that wisdom had spread to every corner of the earth. But then he remembered, the Great Teacher was already dead, so he changed his mind.

The sufi teacher next planned to fly from East Java to Japan, but first he wanted to take the prayer room attendant to the modern Islamic boarding school at Gontor in East Java so he could learn English. After all, a prayer room attendant in an office block in Jakarta’s ‘golden triangle’ central business district crowded with the offices of foreign investors needs to know English.

When he arrived in Japan the sufi teacher planned to go straight to Kyoto, find a Buddhist priest, and find out how he practiced Zen.

(Jakarta, February 1990)

 


The Sufi Teacher Passed By… (Guru Sufi Lewat…) was published in Kompas Daily in May 1990.

Asimetris

Poem for a Bottle of Beer

By W.S. Rendra

Downing a whole bottle of beer,
I stare at the world,
and what I see is people starving.
I light some incense,
breath in the earth,
and listen to the thunder of the rioters.

The cost of hitting the town for one night,
is equivalent to the cost of developing ten villages!
What the hell kind of civilization have we created?

Why do we build huge cities,
and ignore the culture of the villages?
Why does development lead to hoarding,
rather than distribution?

Huge cities here don’t grow from industry.
They grow from the needs of foreign industrial countries
for markets and their need to buy natural resources.
Large cities here
are a means for Europe, Japan, China, America,
Australia and other industrial countries to accumulate.

Where are the old back roads?
The ones which connected villages with other villages?
They’re now abandoned.
They’re now ditches or potholes.

The roads today
represent the colonizer’s planning of years ago.
They’re just a means of distributing foreign goods from
the ports to regional centers, and natural resources from regional centers to the ports. Roads are created specifically for,
not the farmers,
but the middlemen and the Chinese businessmen.

Now we’re swept away in a stream of civilization that we don’t control.
Where we can’t do anything except shit and eat,
without the power to create anything.
Are we going to just stop here like this?

Do all countries that want to advance have to become industrial countries?
Do we dream of having endless factories,
which ceaselessly produce –
have to forever just produce things –
and finally force other countries
to become markets for our products?

Is the only option apart from industry just tourism?
Does our economic thinking
suck only on the breast milk of communism and capitalism?
Why is our own environment not considered?
Will we just be swept away
in the power of accumulating things
which spread pollution and degradation
of nature both without and nature within people themselves?

We have been taken over by one dream
to become someone else.
We have become foreign
in the land of our own ancestors.
Villagers are skittish, chasing the dream,
and enslaving themselves to Jakarta.
The people of Jakarta are skittish, chasing the dream
and enslaving themselves to Japan, Europe or America.

Pejambon, June 23, 1977

 


Poem for a Bottle of Beer (Sajak Sebotol Bir) was published in State of Emergency, W.S. Rendra, Wild & Woolley, Glebe, 1978, p. 62.

Featured image: ASIMETRIS (full movie)

Waterval met roofvogel

Poem for the Condors

By W.S. Rendra

A mountain breeze sweeps down, creeps through the forest,
then blows across the surface of a vast river,
coming to rest finally among the tobacco leaves.
Then its heart is filled with compassion
On seeing the sad fate of the peasant workers
Planted in soil that is so rich, so fertile,
But which provides no prosperity for its people.

The peasant workers,
Living in windowless shacks,
Plant seedlings in the fertile soil,
Reap abundant rich harvests
While their own lives are full of misery.

They harvest for rich landlords
Who own beautiful palaces.
Their sweat turns into gold
That is collected by the fat owners of cigar
factories in Europe.
And when they demand income equality,
The economists adjust their ties nervously,
and respond by dispatching condoms.

Suffering overflows
from the trenches lining the faces of my people.
From dawn till dusk,
the bedraggled people of my country trudge, striving,
turning to the left, turning to right,
in an effort that is uncertain.
At sundown they turn into a pile of garbage,
and at night they are sprawled across the floor,
and their souls are transformed into condors.

Thousands of condors,
millions of condors,
flocking toward the high mountains,
and there gain respite from the loneliness.
Because only the loneliness
Is able to suck out the revenge and the pain.

The condors screech.
In anger they scream out,
Sound out in places that are lonely.

The condors scream
On the mountain crags they call out
Sound out in places that are lonely

By the millions the condors scratch at the rocks,
Snap at the stones, peck at the air,
and in the cities there are those who prepare to
shoot them.


Poem for the Condors (Sajak Burung-Burung Kondor) was published in State of Emergency, W.S. Rendra, Wild & Woolley, Glebe, 1978, p. 58.

Featured image: [De Rivier] Waterval met roofvogel

Dancers With Kris

Comrade

By Murya Artha

I have served up enough gunpowder and saltpeter
a mortal combat, and we have survived:

Only today we write a new page, a page of victory
the accounting of the cost to our country, as high as flying to the stars
and soaring to the seventh heaven
another level and the unity of every nationalist action will be real
one higher even than the teaching of the goal of sovereignty

Banjarmasin, ’50.


Source: Siasat Magazine, Number 171 Year IV, 18 June 1950.

Murya Artha was born in Parincahan Village, Kandangan, Hulu Sungai Selatan District, South Kalimantan August 20, 1920 as M. Husrien. He used pseudonyms including Bujang Far, Emhart, HR Bandahara, M.Ch. Artum, M.Chayrin Artha, and Artha Artha. He passed away at Banjarmasin October 28, 2002.


Source: Kumpulan Fiksi Blog, (Siasat, 1950) Puisi Murya Artha: Kawan

Featured image: Dancers With Kris, J.F.E. (Johan Frederik Engelbert) ten Klooster (Vervaardiging) Inscripties : Serie Wajang Wong 3 / – / Ten Klooster Serie Wajang Wong 3 [Dansers met kris]

Batik maker

Mother Indonesia

By Sukmawati Soekarno Putri

Although I am no expert in the law of Islam
What I do know is the chignon of mother Indonesia is most beautiful

More elegant than your chador
So perfectly folded is the hair
As perfect as the fabric that enfolds your form

Her endlessly diverse creative senses
Fuse with the essence of the world around
Fingers with the scent of forest resin
Perspiration touched by sea breezes

Look, mother Indonesia
As your appearance grows more alien
So you can remember
The natural beauty of your nation
If you wish to become beautiful, healthy, virtuous and creative

Welcome to my world, this earth of mother Indonesia

Although I am no expert in the law of Islam
What I do know is the sound of the lullaby of mother Indonesia is most beautiful

More melodious than your lilting call to prayer
The gracious movements of her dance is holy service
As pure as the rhythm of divine worship

The breath of her prayer combines with creation
Strand by strand the yarn is woven
Drip by drip the soft wax flows
The wax pen etching holy verses of the heavenly realm

Behold, mother Indonesia
As your sight grows dim,
So you can understand the true beauty of your nation

For ages past, the story of this civilized nation has been love and respect for mother Indonesia and her people.


Small amount of background:  Islamic groups report Indonesian politician for reciting ‘blasphemous’ poem   Former Indonesian president’s daughter sorry after blasphemy outrage over poem   Sambil Menangis, Sukmawati Soekarnoputri Minta Maaf.

Wikibackground on the author

Featured image: Batik maker applying melted wax to fabric, Sultan’s Palace (Kraton), Yogyakarta by Rahiman Madli

Asimetris

“Asymmetric” (Asimetris) – WatchDoc Image Documentaries Trailer

This is the trailer for “Asymmetric” (Asimetris), the ninth documentary film in the ground-breaking Blue Indonesia Expedition series (Ekspedisi Indonesia Biru) on contemporary Indonesia following the acclaimed documentaries:

1. Samin vs Semen
2. Kala Benoa
3. The Mahuzes
4. Baduy
5. Kasepuhan Ciptagelar
6. Lewa di Lembata
7. Huhate
8. Gorontalo Baik

The whole film will be uploaded this coming March.

Source: WatchDoc Image Documentaries


The full movie is now available here.

Ahok

Poem for Mother

By W.S. Rendra

To recall mother
Is to recall dessert,
Wife is the sustaining main
Girlfriend the side dishes,
And mother
The perfect final,
In the great communal feast of life.

Her countenance is the sky at sunset:
The grandeur of the day that has completed its work.
Her voice the echo
Of the whisper of my conscience.

Remembering mother
I look on the promise of the best in life.
Hearing her voice,
I believe in the good in the human heart.
Looking at mother’s photograph,
I inherit the essence of the creation of the world.

Talking with you, my brothers and sisters,
I remember that you too have mothers.
I shake your hands,
I embrace you in fraternity.
We don’t wish to offend each other,
So we do not insult each other’s mother,
Who always, like the earth, water and sky,
Defends us without affectation.

Thieves have mothers. Murderers have mothers.
Just as corruptors, tyrants, fascists, journalists on the take and members of parliament for sale,
They too also have mothers.

What sort of mothers are their mothers?
Aren’t their mothers the dove soaring in the sky of the soul?
Aren’t their mothers the gateway to the universe?

Would a child say to his mother:
“Mother, I’ve become the lap dog of foreign capital,
Who makes goods which don’t do anything to reduce the people’s poverty,
Then I bought a government mountain real cheap,
While the number of landless villagers goes through the roof.
Now I’m rich.
And then, mother, I also bought you a mountain too,
To be your resting place one day.”

No. This is not something a child would say to his mother.
But how then will a child explain to his mother his position as tyrant, corruptor, forest scourge and mouse plague overrunning rice fields?
Will the tyrant declare himself leader of the revolution?
Will the corruptor and lap dog of foreign capital announce that he’s the hero of development?
And will the forest scourge and rice field mouse plague label himself the ideal farmer?

But, then, what of the beaming gaze of his mother?
Is it possible for a mother to say:
“Child, don’t forget to take your jacket.
Remember to wrap up against the night air.
A journalist needs to stay healthy.
Oh, yeah, and if any fat envelops come your way,
Just pick me up some fried prawns.”

Mother, now I really understand your value.
You are the statue of my life,
Not a fake statue or a white elephant like Monas and Mini Indonesia Park.
You are the anthem Great Indonesia.
You are the rain I watched in the village.
You are the forest encircling the lake.
You are the lotus flower of meditation’s peace.
You are the song of the simple people.
You are the arrow of my conscience in all I do.

Pejambon, Jakarta
23 October, 1977


Poem for Mother (Sajak Ibunda) was published in State of Emergency, W.S. Rendra, Wild & Woolley, Glebe, 1978, p. 52.

The Najwa Gaze

A Note From Ahok

A Note from Ahok

For Metro TV Show “Mata Najwa” and host Nana.

Indonesian Police Mobile Brigade
Headquarters Prison, 16 August 2017

I was one of the ones always being invited onto Metro TV’s talk show Mata Najwa. (Showing off a little here 🙂 ) What’s for sure is there were a lot of supporters both for and against me appearing on the show. Why? Because Najwa would ask the hard questions and would fish and box me in when the viewers suspected me of, thought I was giving the impression I was guilty or lying. For me, [the host of the show] Nana is a professional person, and doesn’t try to win the argument all the time or give the impression of cornering you. Nana only wants her viewers to get the truth from insightful questions, of course with that classic Najwa gaze. I’m grateful, the Mata Najwa show allowed me to appear just as I am, and definitely to say it as it is. Facing questions, and the Mata Najwa gaze, there was only one key. I had to answer according to what was in my heart and conscience. My mouth and brain had to connect. By doing that, Nana and the viewers would accept all my answers. I pray that Nana is successful and full of joy wherever she serves. The Lord bless you, Nana.

Signed BTP

Nana

Nana

Nervous waiting to interview Ahok

Nervous waiting to interview Ahok

Notes from Ahok on Twitter

A note from Ahok on Twitter


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

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 prisoners 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 prisoners. 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 to appear will be a priority before it calls Rep. Miryam S. Haryani (Hanura-West Java) who has been arrested by the Commission. Miryam was declared a suspect by the Commission over allegations she provided 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 traveling overseas. The alleged loss to the public revenue is substantial.

A Kompas daily poll on 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 Committee of Inquiry.

“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.

In Indonesia’s history the House of Representatives’ right of inquiry was first used in 1959 in a resolution by R.M. Margono Djojohadikusumo that the House use the right to inquire into the government’s attempts to obtain foreign exchange reserves and how it was using them. As recorded by Subardjo in The Use of the Right of Inquiry by the Indonesian House of Representatives in Overseeing Government Policy, a committee of inquiry during Prime Minister Ali Sastroamidjojo’s first cabinet (30 July 1953 to 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 (12 August 1955 to 24 March 1956). Unfortunately, the fate of this committee of inquiry 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?

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

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. It should be noted as well that Gunawan was also a candidate for promotion to national police chief, announced by President Joko Widodo and approved by House of Representative Commission III. Several days later officers of the Indonesian National Police declared Corruption Eradication Commission Deputy Head 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. The case concerned the disputed election for 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 destabilized 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.

So 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.