Category Archives: Indonesian Law

Exhibition: NGA Contemporary Worlds Indonesia

New Exhibition: NGA Contemporary Worlds Indonesia

21 June – 27 October 2019

This exhibition looks at the creative practices of Indonesian artists working since the fall of President Suharto in 1998, an event that marked the end of three decades of the repressive, discriminatory New Order regime. (Find out more here.)

Contemporary Worlds Indonesian NGA Exhibition Neon

Contemporary Worlds Indonesian NGA Exhibition Arrows

Short Story: They Spelt The Begging Ban

They Spelt The Begging Ban

By Ahmad Tohari

They were five street children and Gupris was the only girl. The five of them rarely washed, and even more infrequently changed clothes. Of the lot, Gupris was the most active and noisy, and also the most talkative. Gupris was the only one too who had ever been to school even if only briefly.

And now the five children had jumped onto the tray of an open-sided truck that had started moving toward the depot. Every morning they gathered at the truck depot that was surrounded by stalls, mostly stalls selling rice meals. The four boys always slept there, on the floor under the awning of the closed stalls, or wherever they liked. At night, they were used to the mosquitoes. But often they couldn’t sleep when they had empty stomachs. Gupris didn’t join them sleeping rough at the depot. She did something different. She had a small house behind the depot. Her mother was there, but her father wasn’t.

Three o’clock in the morning was the time Gupris hated the most. She was often woken by the fragrant smell. She would often see early in the morning that her mother was already washed and dressed, and had put on her makeup and lipstick. Then her mother would take the handbasket and say she was off to go shopping at the market. At first, Gupris didn’t care. But then she came to hate it because her mother would always come home with an empty basket, her striking brightly colored clothes and makeup a mess. Gupris came to hate it more and more. So now every morning at two-thirty she got up and went to the depot to join her four friends before her mother arrived home.

Gupris and her four friends sat cross-legged on the tray of the empty truck that was headed for the cement factory. The truck was huge, it had fourteen wheels, the tray was steel, and it had no sides. One of the children played a small drum, one played a tambourine, and another played an old battered guitar. The result was a traveling dangdut* stage. The truck drivers were never angry even though the five street kids would often make a noise banging on the floor of the tray. Gupris usually sang like a dangdut singer, but this time she preferred to play on her cellphone. She had become fond of looking at rude pictures. Gupris still wore her hair in two pigtails.

Approaching Karangasu intersection, Gupris got up and stood unsteadily. She invited her four friends to get ready to get down. If they were lucky, the traffic lights at the intersection would turn red for them. But not this time. So one of the children who couldn’t wait jumped down along the side. He slammed into the ground and immediately streamed. Gupris ran to the front pounding on the roof of the truck cabin. The truck finally stopped after crossing the intersection. The driver looked back but wasn’t angry. The other four children jumped down. They wanted to help their friend who was sitting in pain but the traffic was very heavy. Gupris took action. She moved to the center of the road, raising her hands high to motion for a chance to get cross. The sun’s heat had started to bite.

The five street children who rarely took a bath walked away from the intersection, the one being helped to a sheltered place and left there alone.

Gupris invited the three friends back to the corner of the intersection. The drum made from PVC pipe and a membrane made of tire started to pound. The tambourine and old battered guitar started to make a noise.

Gupris got ready for their dangdut show. But suddenly she stopped still. She saw something. Something had changed at the corner of the intersection. Near them a noticeboard had been erected. The writing was black on a white painted wooden board. Unlike her friends who weren’t interested because they couldn’t read, Gupris was different. She wanted to read the writing. She began to spell out. Her friends approached and stood behind her to listen.

“A-n-y-o-ne be-gg-i-ng a-n-d b-us-ki-n-g w-i-ll b-e… pu-n-i-s-h-ed b-y… i-m-p-ri-s-o-n-e-d …”.

Gupris stopped, then turned to face her friends.

“What is punished? What does being punished and imprisoned mean?” they asked.

The four boys grinned and then each shook his head. None of them knew. They just stared at each other. Gupris was annoyed and felt useless. So Gupris invited her friends to leave. But they suddenly stopped.

“Now, read that! You are wild kids who just wander around aimlessly, you have to read it. You have to!”

Gupris and her friends looked to the side at the same time. There was a watchman coming out of the food stall wiping his mouth with the back of his hand. Above the right pocket of his shirt was clearly embroidered with the name Karidun. He was moving in a half run. And he stopped, puffing himself up. His loud voice sounded over the noise of the cars and motorbikes. There was still some rice or coconut pieces stuck to the corner of his lips. The left over food continued to dance following the movement of his mouth as the watchman spoke. That was the sight that made Gupris almost burst out laughing.

“Go on reading. You have to!” said watchman Karidun, hand pointing to the noticeboard there in a commanding style. “I’m a security officer, see, security from Community Services. I was the one who put the sign up this morning. For people just like you. Get it? Remember, I’m security from Community Services, right?”

Quietly Gupris stopped, her face blank. Then she looked behind her in the direction of her friends.

“Hey, why stop. Read on. I’m security. And I told you to read. Go on,” shouted watchman Karidun, voice becoming louder this time.

“P-u-n-is-he-d, what does that mean, mister?” Gupris asked in a normal tone. Although she was still a little girl, who didn’t wash often, Gupris dared to quip back to Karidun, who wanted to be called security.

There was quiet again. Watchman Karidun didn’t seem to be ready to answer Gupris’ question.

His face changed. Like somebody with a stutter, confused, but his eyebrows hardened. Then he turned himself around rubbing his forehead.

Finally he snapped back to face the five street kids as he also puffed himself right up.

“I am a security official. Right, now?”

“Yes!” Gupris answered very quickly.

“So, in my opinion, to be punished is definitely not the same as being given some money. Being punished might be the same as being convicted. Yes. Being punished by imprisonment is the same as being sentenced to confinement, put in prison, sent to jail. Get it? That’s it, so don’t you go begging and busking. You should all be going to school. So you can be like me who’s a security officer and knows what being punished means.”

Gupris fell silent a moment. Then turned back to face her friends. “You hear, we should be going to school.”

“Do you get money going to school?” interrupted one of the children.

“Seriously! Schools, see, don’t get you money, in fact you have to pay,” Gupris answered.

“Wow, that’s a problem if it’s like that? You don’t get any money? So what are we supposed to buy food with? It would be better to keep on busking, keep on begging. Then we can keep on eating.”

“Wait, what?” exclaimed watchman Karidun with a fierce face. “I have just told you. Begging and busking will be punished by imprisonment. P-u-n-ish-ed b-y i-mp-ri-so-n-me-nt for 30 days, with a fine of 50 million rupiah! Do you hear that?”

Gupris’s face sank. But then she smiled faintly as she noticed the leftover food in the corner of Karidun’s mouth dancing again.

“Why is that?” Gupris responded again. “Begging isn’t pickpocketing, or stealing, is it?”

“Yes, but it is against the ban. Anyone who breaks the ban is definitely going to be punished, convicted.”

“Why is it like that? Who made the ban?”

“Well, I’m security. So I know who made the ban on begging, the mayor and the city council members.”

“What’s a mayor?”

“Really, you wild child. The mayor is an important official.”

“Are the city council members too?”

“Yess. Now listen. As security I want to explain everything. The city council members are the representatives of the people, so your representatives too.”

Gupris’ eyebrows narrowed. She was confused. But at least now she knew. The city council members were a type of human too. And they along with the mayor had made the ban, whoever begged and busked would be punished by imprisonment.

“Yes, yes. We beg and busk every day. But we’ve never been punished.” Gupris grinned. Her four friends laughed.

“Oh, so you’re all asking to be punished, are you?” Karidun hurriedly rummaged for his cellphone in his pocket. He muttering to himself, the leftover food still not yet gone from the corners of his mouth. Gupris and her four friends laughed again.

“Hang on. I’ll call for a city police patrol car to grab you guys. Just hang on. I’m the security who calls the city police. So they’ll be right here.”

“What’s the city police anyway?” Gupris stared up at Karidun. But there was no answer.

As Karidun was busy with his cellphone, Gupris turned to face her friends. She whispered. The four friends nodded together. Then they glanced to the side. The traffic lights was showing red. Two large empty trucks with open trays and an expensive car were pulled up. The light changed to yellow, then to green. Gupris moved the fastest, the others following. They deftly jumped up like monkeys as the big truck with the open tray began to move off. Then they waved wildly to watchman Karidun.

“Hey mister watchman, we’re off to Tegal, then Cirebon. Then to…, then, then… If you want to punish us, chase us there, OK, mister?” Gupris shouted as she laughed. The four friends danced wildly on the truck as it sped off. Gupris’ voice was still audible, but grew fainter and fainter. The cement truck drove on into the distance headed north in the direction of the city of Tegal.

The Karangasu intersection would continue to be busy but it was left behind by Gupris and her four friends. The five street kids who were still just young children had gone on a journey. They would wander through Tegal, Cirebon, and who knows where else. Watchman Karidun was still standing on the corner at the intersection. He stared at the sign that announced the ban on begging he had just built that morning. Oh, and once the sixty by one hundred centimeter sign was up it had immediately proved its potency. Five street children had left the Karangasu intersection. Watchman Karidun was proud because he felt he had done a good job. Or, had he. Because the vision of Gupris’ cute face and two pigtails continued to linger before his eyes. The voice of Gupris as she spelt in a halting voice, “…what is punished by imprisonment?…” continued to ring in his ears too.


They Spelt The Begging Ban (Mereka Mengeja Larangan Mengemis) was published in Kompas Daily on 15 September 2019. (Retrieved from Mereka Mengeja Larangan Mengemis.)

Ahmad Tohari, was born in Banyumas, June 13, 1948. He now lives in the village of Tinggarjaya, Jatilawang, Purwokerto in Central Java province. His most popular work is the novel trilogy Ronggeng Dukuh Paruk. His collections of short stories include Senyum Karyamin, Nyanyian Malam, dan Mata yang Enak Dipandang. Other works includes the novels: Kubah (1982), Di Kaki Bakit Cibalak (1977), Bekisar Merah (1993), Lingkar Tanah Lingkar Air (1995), Bclantik (2001), dan Orang-orang Proyek (2002).

*On dangdut check out https://www.britannica.com/art/dangdut.

You’ll probably also enjoy the film Jalanan https://www.youtube.com/user/jalananmovie

A Deep Dive Into Problematic Aspects of Indonesia’s Criminal Code Bill

Also take a look at Criminal Code Bill: Smells of Colonialism, Minimal Protections for the Public! Approval Must Not Be Forced Through!

Op-Ed: Megawati and the Corruption Eradication Commission

By Luky Djan

(Executive Director, Institute for Strategic Initiatives (ISI) and former jury member for the Bung Hatta Anti-Corruption Award)

The effort to eradicate corruption will always travel a rocky road. Indeed anyone acting against corruption has to face off directly against criminals working together in an organized group. Criminal corruption is almost certain to be perpetrated jointly as a conspiracy in conjunction with others and in a way that is highly organized. Organized criminal corruption has a stronger staying power than other forms of organized crime because the group of perpetrators involved typically occupy positions of formal authority and inevitably command considerable resources.

For this reason, anyone going up against the so-called “criminals in uniforms” has to steel him or herself with both ingenuity and resilience. He or she also must not be surprised at the range of strategies deployed to weaken the agenda and institutions endeavoring to eradicate corruption which will vary from the intervention of those in power to the use of physical violence.

Is the anti-corruption agenda in this country driving towards a yellow light? Indonesia’s Corruption Eradication Commission (Komisi Pemberantasan Korupsi or KPK) is the front-line vanguard and driving force in the fight against corruption and is now once more facing strong headwinds. The institution has weathered past tests successfully. Hopefully, the current crisis will likewise result in the strengthening of efforts to defeat corruption. The experience of South Korea and Thailand can provide lessons on the conditions under which institutions are tamed, and those under which anti-corruption efforts are successful. The fate of anti-corruption bodies in these places is quite tragic.

Thailand’s National Counter-Corruption Commission (NCCC) and the Korean Independent Commission Against Corruption (KICAC)

Prospects for the fight against corruption in Asia are currently entering their twilight years. Anti-corruption institutions are collapsing. The anti-corruption agenda in South Korea commenced when as leader of the opposition to the military regime Kim Dae-jung became President in February 1998. Kim’s main strategy was spearheaded by an initiative to pass legislation establishing an anti-corruption commission in August 1999. Kim’s idea generated resistance from politicians and legislators This resulted in anti-corruption legislation taking two years to produce, passing finally on 24 July 2001. Following the enactment of the legislation, opposition emerged to the establishment of an anti-corruption commission from the public prosecutor’s office as well as the police. The Korean Independent Commission Against Corruption (KICAC) was finally formed six months later in January 2002.

The KICAC’s findings shook the corrupt relations between those in power and the chaebol business conglomerates and in their wake caught senior government officials and businessmen. The breakthrough began to unsettle the corrupt, even though the KICAC was in fact not as powerful as its other Asian counterparts, such as Hong Kong’s Independent Commission Against Corruption, Thailand’s NCCC or Indonesia’s KPK, because the KICAC was not given investigative or prosecutorial functions. Following two periods of progressive leadership under Kim Dae-jung and Roh Moo-hyun, efforts to shake the KICAC gained momentum after 25 February 2008 when the government changed to the conservative government of President Lee Myung-bak.

On 29 February 2008, after only three days in office, President Lee merged the KICAC with two other institutions, the Ombudsman and the Administrative Appeals Tribunal (an administrative decisions court similar to Indonesia’s Public Administration Court (Pengadilan Tata Usaha Negara or PTUN)), forming the Anti-Corruption Civil Rights Commission (ACRC). The sway of the KICAC declined, with the new body becoming more of a think tank with the primary function of preventing corruption. The major reason for the reduction in the power of the KICAC was the view that its breakthroughs in this period had hampered economic growth. President Lee’s background as an executive of one of the chaebol conglomerates meant that he viewed the fight against corruption as a hindrance to economic growth.

Of course the public reacted, opposing the merger. Transparency International Korea Chairman Geo-Sung Kim believes that economic growth is driven by a clean business environment and that an organization like the KICAC is necessary to achieve this. While ACRC commissioners are selected by and are responsible to the president, KICAC commissioners were selected by the Supreme Court, legislature and president. There are now valid concerns over the ACRC’s loss of independence.

In Thailand, following the establishment of the People’s Constitution in 1997, the National Counter Corruption Commission (NCCC) was formed in November 1999. This agency represented a strengthening of the previous anti-corruption institution, the Counter Corruption Commission or CCC, which had possessed limited functions and been less independent. The NCCC was responsible to the Senate and its nine commissioners were nominated by the Thai Senate and confirmed by the King. The NCCC took direct action by revealing the embezzlement of assets by Deputy Prime Minister Sanan Kachornprasart which led to his resignation. Two months later, the NCCC uncovered a 30 million baht bribery scandal which led to the dismissal of Deputy Finance Minister Nibhat Bhukkanasut.

The NCCC’s next target was a tax evasion scandal and dishonesty in the public wealth declaration filed by Prime Minister Thaksin Shinawatra. This case put Thaksin’s political career at stake. However, after the legislative elections in 2001 which handed control of the Senate to Thai Rak Thai, Thaksin soon gained control of the Supreme Court, leading to the asset embezzlement case being frozen. As payback, allegations were made against the nine NCCC commissioners alleging criminal conduct and making accusations of involvement in a conflict of interests by increasing their monthly salary of 45,000 baht (approximately 25 million rupiah). The ensuing investigation eventually forced the commissioners to resign in May 2005.

Having control of the majority in parliament, Thaksin had no difficulty installing ‘puppet commissioners’ (Pasuk and Baker, 2004). Following a power shift in a military coup, the military junta replaced the NCCC on 15 July 2008 with the National Anti-Corruption Commission (NACC). The NACC became an instrument for the removal of political opponents of the Thai military regime.

Megawati’s Legacy

Every leader possesses a legacy that becomes a monument to his or her success. President Sukarno created magnificent iconic landmarks ranging from Gelora Bung Karno Stadium (GBK) to Istiqlal Mosque and the statues which adorn the capital. Times, however, change and monuments today no longer take the form of urban architectural landmarks. On the contrary, they now represent elements of constitutional architecture. President Habibie left monuments in the form of the rights of freedom of assembly and association, multi-party elections, freedom of the press and regional autonomy. President Abdurrahman Wahid reorganized the function and position of the Indonesian Armed Forces and strengthened respect for pluralism and human rights.

Megawati carved out important milestones in the nation’s efforts against corruption. Probably not many people remember that on 27 December 2002 Megawati signed into force Law No. 30/2002 concerning the Corruption Eradication Commission. This institution represented the spearhead and hope of the nation for the elimination of the misuse of power in the form of looting public resources by organized criminal groups who possess political power and financial strength.

So the commitment of President Megawati to try to remove all forms of criminal corruption can not be doubted. A year later, the Corruption Eradication Commission was officially established. This writer’s experience ranges from the drafting of the Commission bill to the establishment of the Commission itself which at the time was appropriately resourced by the government. If the commitment to the eradication of corruption had not been strong, it would have been simple to abort the drafting of the bill or to stall for time over the establishment of the Commission. Likewise, when on a number of occasions the Commission has investigated cases of corruption involving senior politicians from her Indonesian Democratic Party of Struggle (PDIP), Megawati did not intervene in the Commission.

Unfortunately, in the midst of the Commission’s efforts to strengthen measures aimed at combating corruption, a wave of attacks have emerged from all directions, including the PDIP. Reports by a member of Indoneisa’s House of Representatives (relating to legal action launched over the disputed election of the head of West Kotawaringin Regency in Central Kalimantan) have resulted in a storm of crisis over the very existence of the institution of the Commission and the entire effort to combat corruption. This writer believes these reports have destabilized the Commission because they have led to an institutional crisis cause by a commissioner of the anti-corruption agency being named a suspect in a criminal investigation.

It is regrettable that this has happened because, as noted above, President Megawati, both as head of state when in power and today as party chairwoman, has not taken action to weaken the Commission. As a mother, Megawati fully understands that the Corruption Eradication Commission is a child of her government for opposing the phantom of corruption that has taken root and become entrenched.

The experience of South Korea and Thailand show that anti-corruption commissions will be stunted, and even amputated, by subsequent regimes. President Jokowi himself has a real track record in promoting an anti-corruption agenda. He is a recipient of the Bung Hatta Anti-Corruption Award (BHACA) which clearly demonstrates he possesses a strong commitment to the eradication of corruption. The current crisis should be resolved with prudence and expedition. The community is now waiting for action from President Jokowi as “party official” to strengthen both efforts to eradicate corruption and the Commission which as an institution is one of Megawati’s important legacies.


Published in Kompas Daily, Thursday 29 January 2015 and http://youthproactive.com/expert-says/megawati-dan-kpk/

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

Editorial: Not the Representatives of the Corrupt

JAKARTA, KOMPAS – The House of Representatives is certainly not the representatives of the corrupt. “The Honorable” people’s representatives are paid with the people’s money. The plan of the House of Representatives Committee of Inquiry into the Corruption Eradication Commission to go on safari to meet corruption convicts in a number of prisons in Indonesia has deeply unsettled the sense of justice of citizens, the taxpayers. As stated by Deputy Chairman of the House Inquiry Committee Risa Mariska (PDIP-West Java), “the Committee wants to uncover information on how they felt while they were witnesses, suspects, and convicts of corruption cases.” Risa is a Representative for the electoral district West Java VI covering the regencies of Bogor and Bekasi and received 25,578 votes. It is very easy to meet corruption convicts in prison. They will be very happy, overjoyed, to tell the House Inquiry Committee about how the Corruption Eradication Commission behaved when they were questioned, while they were in custody, about their beliefs that they’re the victims of conspiracies, their feelings of being entrapped, and any amount of other inhuman treatment. With that data, the House Inquiry Committee, being driven by a coalition of parties that support the government, will gain ammunition to dismantle the anti-corruption body. The aim of the Committee at the very least can be read from the statement of House Deputy Speaker Fahri Hamzah (PKS-West Nusa Tenggara) from the Welfare Justice Party House faction and is to review state commissions such as the Corruption Eradication Commission.

Reviewing is equivalent to disbanding the Corruption Eradication Commission, limiting the Commission’s authority, or transforming the Commission into an ad hoc institution. The House Inquiry Committee’s actual target can be read and it is to emasculate the Corruption Eradication Commission. The declaration of some politicians that the Committee is intended to strengthen the Commission does not have a shred of empirical evidence. From the beginning, a number of House of Representatives politicians have been agitated by steps taken by the Commission to erase corruption from this country. There are Representatives on trial, party chairmen and business people who have been arrested. The Corruption Eradication Commission is indeed not without fault. However, the way to fix these mistakes is not to exercise the House of Representatives’ right to establish committees of inquiry the legitimacy of which continues to be problematic. Members of the House Inquiry Committee should realize that they are the representatives of the people, not the representatives of the corrupt. Corrupt behavior by members of the government has resulted in violations of the civil and economic rights of the people.

5 July 2017

 


Source: Tajuk Rencana Bukan Perwakilan Koruptor. Image credits Detik Ini 17 Tahun yang Lalu Reformasi Dimulai and Masinton Ungkap Proses Konsolidasi Mahasiswa Untuk Jatuhkan Soeharto. Members of the House of Representatives http://www.dpr.go.id/anggota.