Category Archives: Regional Indonesia

Op-Ed: Will Indonesia’s Corruption Eradication Commission Be Paralyzed?

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

By Budiman Tanuredjo, Kompas Daily,  4 July 2017

KOMPAS, Jakarta – The actions of the Indonesian House of Representatives Committee of Inquiry into the Corruption Eradication Commission (KPK) have become more and more absurd. The Committee of Inquiry is going on safari to Pondok Bambu and Sukamiskin prisons to meet with prisoners convicted of corruption offenses. The Committee hopes to find information on how the corruption convicts were treated inappropriately by the KPK.

“We want to look for information about anything inappropriate experienced by the prisoners while they were either witnesses, suspects or prisoners convicted in corruption cases,” said Deputy Chairman of the Inquiry Committee, Rep. Risa Mariska (PDIP-West Java), the representative for the district that includes the cities of Bogor and Bekasi. She said the Inquiry Committee has received information about the prisoners being treated improperly when they were interrogated by the KPK.

There is little doubt the Inquiry Committee will have any trouble meeting any of the many corruption prisoners. Take the former Chief Justice of Indonesia’s Constitutional Court Akil Mochtar, for example, or 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, or any number of others. It isn’t hard to guess that they will provide any amount of ammunition with which to damage the KPK as an ad hoc institution resulting eventually in the KPK being either abolished or neutralized.

Parahyangan University criminal law lecturer Agustinus Pohan believes that the effort of the Inquiry Committee is an attempt by politicians to take revenge on the KPK. “Now the fight against corruption has to contend with white-collar criminals who want to prove their ability to exact payback,” Pohan said.

Earlier, Deputy Chairman of the House Inquiry Committee into the KPK, Rep. Taufiqulhadi (Nasdem-East Java) planned to call constitutional law experts to prove the legality of the Inquiry. “Some say this inquiry isn’t appropriate. Different opinions are all normal, but we hope the debate stays balanced,” said the National Democrat Party politician according to Kompas Daily on 30 June 2017.

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

The origins of the House Inquiry Committee started with the KPK leadership rejecting requests from House of Representatives Commission III to make public recordings of the questioning of Miryam Haryani by KPK investigators. The KPK refused to make the recordings public before her trial. Up to now, recordings resulting from wiretaps have always been made public during the trials. Having previously appeared as a witness in the Criminal Corruption Court, Miryam retracted part of her testimony that was contained in the brief of evidence, giving as the reason that she had been coerced by KPK investigators.

In response to this retraction of her testimony in the brief of evidence, senior KPK 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 induced by certain fellow members of the House of Representatives to retract her testimony in the brief of evidence, mentioning several names, including Rep. Bambang Soesatyo (Golkar-Central Java) and Rep. Masinton Pasaribu (PDIP-Jakarta), as the members who had influenced Miryam. She denied having ever mentioned their names and from this House Commission III request that the KPK make the recordings public, which the KPK refused to do.

Whether it’s related or not is not known, however, several days after testifying, Novel Baswedan was the target of an acid attack by an unknown assailant. 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 KPK’s Jakarta offices on Wednesday 21 June, Hanura Party politician Rep. Miryam S. Haryani’s brief of evidence was declared complete (that is, Form 21 was issued) and ready for trial in relation to the allegation she provided false testimony in the electronic identity card (e-KTP) project implementation corruption trial.

Strong Resistance

The House of Representatives Inquiry Committee into the KPK apparently needs to find political support from constitutional law experts. Earlier, 357 academics from a range of universities and disciplines published an open letter rejecting the House Inquiry Committee into the KPK 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.

Calling experts in constitutional law, or calling anyone else, is clearly completely valid. The Inquiry Committee obviously has statutory authority to do this. No one denies that the House of Representatives has a right of inquiry, the right of interpellation, and the right to express opinions. However, what has, in fact, become an issue is whether it is proper for the House to exercise the right of inquiry in relation to the KPK. The KPK is a law enforcement agency and an independent authority, not part of the government. Is the use of the right of inquiry by the House of Representatives consistent with the will of the people it represents?

Resistance to the use of the House of Representatives’ right of inquiry for the KPK has indeed been strong. The open letter of 357 academics from numerous universities and disciplines is one expression of this. These academics have very clearly framed the intention of the House of Representatives in using the right of inquiry as being intended to weaken the KPK. The academics have rejected the use of the House right of inquiry for the KPK.

At present, the KPK is investigating a case of alleged corruption involving the procurement of a national electronic identity card (e-KTP) involving a number of House members, including House Speaker Rep. Setya Novanto (Golkar-East Nusa Tenggara), now banned from traveling overseas. The alleged loss to the public purse is substantial.

A Kompas Daily poll of Monday 8 May 2017 also contained the same message. As many as 58.9 percent of respondents said the House decision to use the right of inquiry did not represent the interests of the community. While 35.6 percent thought it did represent the interests of the community. Most respondents (72.4 percent) believed the use of the House right of inquiry into the KPK was related to the KPK’s investigation into the electronic identity card project corruption case.

In the virtual world, internet user Virgo Sulianti Gohardi gathered 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’s target for the petition had been 50,000 signatures.

In terms of representation theory, the formation of the House of Representative Committee of Inquiry into the KPK really does not have social legitimacy, or, it has a very low level of representation. Moreover, the Democrat Party (PD), Prosperous Justice Party (PKS) and National Awakening Party (PKB) House factions have all 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 House of Representatives building, while stressing that the Democrat Party does not agree with the House Committee of Inquiry into the KPK.

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

History of House Inquiries

The right of inquiry is a constitutional right of Indonesia’s 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 right of inquiry was also regulated by statute by Public Law No. 6/1954 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 RM Margono Djojohadikusumo that the House use the right to inquire into attempts by the government to obtain foreign exchange reserves and how the reserves were being used. 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 the first cabinet of Prime Minister Ali Sastroamidjojo (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 case of the state-owned oil company Pertamina. 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, initiated by Santoso Danuseputro (PDI) and HM Syarakwie Basri (FPP).

In the Reformasi (Reform) period, 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 which has a wide-spread impact on the life of the community, nation, and state which allegedly conflicts with the law. The legislation also provides that an inquiry committee must be joined by all House of Representatives’ factions.

From the standpoint of legality, the House of Representatives Committee of Inquiry into the KPK does not satisfy the requirements for legality. Historically, the right of inquiry was given to the House of Representatives to investigate government policies that 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, here the KPK. The KPK is not the government. The KPK is a law enforcement agency.

The law also requires that an inquiry committee draw members from all factions in the House of Representatives. Therefore, when the Democrat Party (DP), Prosperous Justice Party (PKS), and National Awakening Party (PKB) House factions each failed to send representatives, the jurisdictional legitimacy of the Committee of Inquiry became problematic.

Members of the public in the Healthy Indonesia Movement unfurled posters and banners in front of the offices of the KPK in Jakarta on Thursday 15 June. Consisting of writers, artists, and anti-corruption activists, the crowd declared that it rejected the inquiry currently being rolled out by the House of Representatives.

From a political perspective, those who initiated the use of the right of inquiry are overwhelmingly from the parties which support the government. They are the Indonesian Democratic Party of Struggle (PDIP) House faction, 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 the group that has been keen to urge the use of the House right of inquiry.

Then there is President Jokowi. He has been taken hostage by party officials of his own PDIP. President Jokowi has said he cannot interfere in the affairs of the House of Representatives because a committee of inquiry is the business of the House. President Jokowi hoped only that the KPK is further strengthened.

President Jokowi’s attitude towards the KPK feels different this time. When there was a conflict between the KPK and the Indonesian National Police, with the public supporting the KPK, President Jokowi took a firm political position in support of the KPK. Likewise, when the KPK 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 KPK to be de-legitimized by a coalition of his own supporters in the House of Representatives.

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

 


Source: Akankah KPK Lumpuh di Era Presiden Jokowi? Kompas daily newspaper, 4 July 2017.

Also see Melunasi Janji Kemerdekaan, Melunasi Janji Kemerdekaan, Karya Muhammad Husnit, Serambi Ilmu Semesta, 2014.

Journal Article: Qur’anic readings and Malay translation in 18th-century Banten Qur’ans A.51 and W.277

“This article examines two copies of the Qur’an from 18th-century Banten, A.51 and W.277, that contain interlinear Malay translation, focusing on two aspects, i.e. Qur’anic readings and Malay translation, to reveal Qur’anic pedagogical practices in the region…”

(2020). Qur’anic readings and Malay translation in 18th-century Banten Qur’ans A.51 and W.277. Indonesia and the Malay World. Ahead of Print.

Read more at: Qur’anic readings and Malay translation in 18th-century Banten Qur’ans A.51 and W.277

Language, Nation

By Muhammad Yamin, 1921

“What you have inherited from your fathers, earn over again for yourselves or it will not be yours.” Goethe

While still small and young in years
The little child nestles in her mother’s lap,
Singing soft songs and lullabies her mother
Beams over her child overflowing with joy;
She rocks lovingly night and day,
Cradle hanging in the land of her ancestors.

Born to a nation with its own language
Surrounded by family to the right and the left,
Raised in the customs of the land of the Malays
In grief and in joy and in sorrow too
A sense of togetherness and unity flow
From her language with its sweet sound.

Whether in wailing tears, or in rejoicing
Whether in times of joy or in adversity and danger;
We breathe to maintain our lives
In the language that embodies our soul,
Wherever Sumatra is, there is the nation,
Wherever the patchwork island is, there is our language.

My beloved Andalas, land of my birth,
From the time I was young,
Till the time that I die and am laid in the earth
I shall never forget our language,
Remember, young people, oh unhappy Sumatra,
Lose your language and your nation is lost too.

February 1921


Bahasa Bangsa was irst published in Indonesian in the Dutch language journal Jong Sumatra : organ van den Jong Sumatranen Bond, Batavia, February 1921. Also in Sandjak-sandjak Muda Mr. Muhammad Yamin [The Young Poems of Mr. Muhammad Yamin] Firma Rada, Djakarta 1954, p. 9. Republished in Jassin, H. B. Pujangga baru : prosa dan puisi / dikumpulkan dengan disertai kata pengantar oleh H.B. Jassin [Pujangga Baru : prose and poetry / collected and accompanied by an introduction by H.B. Jassin] Haji Masagung, Jakarta, 1987, p. 322.

Other background that may of interest includes: Abdullah, Taufik. and Cornell University. Modern Indonesia Project. Schools and politics : the Kaum Muda movement in West Sumatra (1927-1933) / Taufik Abdullah Cornell Modern Indonesia Project, Cornell University Ithaca, N.Y 1971 https://www.goodreads.com/book/show/7822864-schools-and-politics; Yamin, Muhammad. Tan Malacca, Bapak Republik Indonesia: Riwajat-politik Seorang Pengandjoer Revolusionér Jang Berfikir, Berdjoeang Dan Menderita Membentoek Negara Republik Indonesia. Djakarta: Berita Indonesia, 1946. Print.; Van Miert, Hans. “The ‘Land of the Future’: The Jong Sumatranen Bond (1917-1930) and Its Image of the Nation.” Modern Asian Studies, vol. 30, no. 3, 1996, pp. 591–616. JSTOR, http://www.jstor.org/stable/312984. Accessed 22 Feb. 2020.

Manuscripts from the Bugis kingdom of Bone – Asian and African studies blog of The British Library

“The Royal Library of Bone: Bugis and Makassar manuscripts in the British Library

In March 2019, the digitisation was completed of 75 Javanese manuscripts from Yogyakarta now held in the British Library, which had been captured from the Kraton or Palace of Yogyakarta in June 1812 following a British assault.  What is much less widely known is that the British Library also holds the core of another royal library from Indonesia, also taken in armed conflict during the brief period of British administration in Java from 1811 to 1816 under the command of Thomas Stamford Raffles. All  the 34 manuscripts from south Sulawesi in the British Library can be identified as orginating from the palace of the Bugis kingdom of Bone, and were seized in a British attack on of Bone in June 1814.” (Read more.)

Source: The Royal Library of Bone: Bugis and Makassar manuscripts in the British Library

 

Event: Independence, Decolonization, Violence and War in Indonesia, 1945-1950

Public Seminar Invitation

Research in progress: Behind the scenes of the research programme Independence, Decolonization, Violence and War in Indonesia, 1945-1950

On Saturday November 2, 2019, a public seminar will take place in cooperation with the National Archives. During this seminar we will focus on (archival) research: what does research look like in practice? Which sources are used for the research programme and what do they tell us? How do the researchers deal with one-sidedness and inconsistencies in the sources? And how do they ensure multi-perspectivity?
The programme researchers and some external experts share experiences from their research practice in workshops and presentations. In addition, the National Archives gives workshops on archival research, as well as tours through the depot and the exhibition Highlights in perspective.

The seminar comprises of a morning and an afternoon session, with an almost identical program. Conference registration for one of the half-day sessions is possible via Eventbrite. Both parts of the day contain Dutch and English sessions. The main language of the plenary session is Dutch, with English surtitles. The full program is available on our website.

You can register for the morning or afternoon session at Eventbrite. Conference registration is possible until Sunday October 27, 11.30 p.m.

For moe information visit https://www.ind45-50.org/en

A joint research programme of the Royal Netherlands Institute of Southeast Asian and Caribbean Studies (KITLV), the Netherlands Institute of Military History (NIMH) and the NIOD, Netherlands Institute for War, Holocaust and Genocide Studies. Read more here.