Tag Archives: Law

Op-Ed: Is the Press in Southeast Asia in Danger?

Op-Ed: Is the Press in Southeast Asia in Danger?

By Permata Adinda, from Asumsi.co

Repression is being experienced by journalists from Al Jazeera in Malaysia to Rappler in the Philippines.

Al Jazeera’s office in Malaysia, Kuala Lumpur, was raided and two computers seized by police (4/8) after the media screened a documentary highlighting the Malaysian authorities’ arrests and inhuman treatment of migrants during the pandemic.

Authorities condemned the film, judging it to be inaccurate, unfair and misleading. Malaysia’s Minister of Communications and Multimedia, Saifuddin Abdullah, said the film did not have a shooting permit which according to Al Jazeera did not require permission because it was included in the category of latest news which was always aired every week.

This documentary entitled Locked Up in Malaysia’s Lockdown is part of the 101 East Al Jazeera program. After the film was released, the editorial team members and the subjects interviewed in the film received many death threats, violence, and doxing of their personal data on social media.

One of the informants from Bangladesh, Mohamad Rayhan Kabir, was arrested on 24 July. Authorities said he would be deported and barred from entering Malaysia forever.

Responding to the repressive attitude of the government, Al Jazeera condemned the action, viewing it as an attack on press freedom. These raids are seen as a “disturbing escalation” of violent behavior by the authorities against the media, demonstrating the extent to which they can intimidate journalists.

“Al Jazeera sided with journalists and our coverage. Our staff did their job and they did nothing wrong to make them need to apologize or clarify. Journalism is not a crime,” said Al Jazeera managing editor Giles Trendle.

There has also been criticism from Amnesty International Malaysia which is urging Malaysian authorities to stop harassing Al Jazeera and to halt investigations against staff and media reporters. “Violence by the government against migrants, refugees and anyone who defends them is clearly an attempt at silencing and intimidation that must be condemned. Protect migrants. Protect freedom of expression.”

Press freedom in Southeast Asia has indeed been worrying in recent years. Reporters Without Borders reports in 2020 showed media freedom scores in all Southeast Asian countries had decreased compared to the previous year, with an average ranking of 138 out of 180 countries. Another report by the International Federation of Journalists (IFJ) and Southeast Asia Journalist Unions (SEAJU) found that 61% of press workers in the region felt their jobs were unsafe, a figure that has increased by 11% from the previous year.

Prior to this journalist Tashny Sukumaran from the South China Morning Post in Malaysia also experienced criminalization and repressive behavior. Having also reported on the detention of refugees and illegal migrants in the red zone of COVID-19 in Malaysia, he was arrested on charges of “committing insults with the intention of provoking and destroying the peace” and was sentenced to a maximum of two years in prison.

Apart from Malaysia, journalist and CEO of Rappler Maria Ressa in the Philippines was also found guilty of “cyber slander” for her articles on drug and human trafficking cases involving the chairman of the Supreme Court and a number of businesspeople. Ressa was also ordered to pay a fine of P400,000, or equivalent to Rp. 119 million. There have also been the detention of Reuters journalists in Myanmar, the closure of several media companies in Malaysia and Cambodia, and the increasing censorship of news in Thailand.

This repressive behavior towards journalists also often acts on the pretext of “the need to fight misinformation”, and the COVID-19 pandemic has become an arena to strengthen the power of authority over the press. The Thai Prime Minister threatened to suspend or edit news deemed “untrue”. These governments also have the right to correct information which they think is problematic.

Singapore’s Protection Against Falsehood and Online Manipulation Act empowers the government to correct or release news stories. This occurred in the State Times Review after the media accused the government of covering up cases of COVID-19. Likewise, the Cambodian government has the power to prohibit the dissemination of information deemed to cause “riots, fear or chaos.”

“Journalism is a very dangerous profession today,” said Maria Ressa at Time.com. “But this profession is more important than ever. We have to survive or we will lose a lot. “

By Permata Adinda, Kebebasan Pers di Asia Tenggara dalam Bahaya?

Featured image credit: Mother’s Prayer by Mark Chaves

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.

The Indonesian Student Pledge

The Indonesian Student Pledge: “Motion of No Confidence” By WatchDoc Films

“Motion of No Confidence” (Mosi Tidak Percaya) is a short documentary film from WatchDoc Films about events around Indonesia throughout the week of 24 September 2019, and especially in the streets outside Indonesia’s House of Representatives. The film opens with students marching as they recite the Indonesian Student Pledge, first used during the 1998 demonstrations that led to the resignation of the late President Soeharto.

Sumpah Mahasiswa Indonesia

Kami Mahasiswa Indonesia Bersumpah
Bertanah Air Satu
Tanah Air Tanpa Penindasan

Kami Mahasiswa Indonesia Bersumpah
Berbangsa Satu
Bangsa yang Gandrung akan Keadilan

Kami Mahasiswa Indonesia Bersumpah
Berbahasa Satu
Bahasa Tanpa Kebohongan

The Indonesian Student Pledge

We the students of Indonesia pledge
To have one homeland
A homeland without oppression

We the students of Indonesia pledge
To have one nation
A nation that blazes with justice

We the students of Indonesia pledge
To have one language
A language without lies

Sumpah Mahasiswa Indonesia Kompas Daily, 28 October 2016

Wikipedia on the 1928 Youth Pledge and on Sumpah Pemuda.

Some writing by Muhammad Yamin. On the ninetieth anniversary of the second Youth Congress in 2018, take a look at Sejarah Sumpah Pemuda, Tekad Anak Bangsa Bersatu demi Kemerdekaan (source of the featured image) and Peringatan 90 Tahun Sumpah Pemuda.

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.


Featured image credit: Sejarah Sumpah Pemuda, Tekad Anak Bangsa Bersatu demi Kemerdekaan, 28 October 1928 in the grounds of the Indonesische Clubgebouw, Jl. Kramat 106, Jakarta. Visible seated from left to right among others are (Prof.) Mr. Sunario, (Dr.) Sumarsono, (Dr.) Sapuan Saatrosatomo, (Dr.) Zakar, Antapermana, (Prof. Drs.) Moh. Sigit, (Dr.) Muljotarun, Mardani, Suprodjo, (Dr.) Siwy, (Dr.) Sudjito, (Dr.) Maluhollo. Standing from left to right among others are (Prof. Mr.) Muh. Yamin, (Dr.) Suwondo (Tasikmalaya), (Prof. Dr.) Abu Hanafiah, Amilius, (Dr.) Mursito, (Mr.) Tamzil, (Dr.) Suparto, (Dr.) Malzar, (Dr.) M. Agus, (Mr.) Zainal Abidin, Sugito, (Dr.) H. Moh. Mahjudin, (Dr.) Santoso, Adang Kadarusman, (Dr.) Sulaiman, Siregar, (Prof. Dr.) Sudiono Pusponegoro, (Dr.) Suhardi Hardjolukito, (Dr.) Pangaribuan Siregar and others.(Dok. Kompas)

Mother Indonesia

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 very 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
When your vision is becoming more foreign
So you can remember
The original beauty of your country
If you wish to become beautiful, healthy, virtuous and creative
Welcome to my world, land 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 very beautiful
More melodious than your 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 creativity
Strand by strand the yarn is woven
Drip by drip the soft wax flows
The wax pen etching holy verses of the heavenly realm

Look, mother Indonesia
As your sight grows dim,
So you can understand the true beauty of your country
For ages past the history of this civilised country has been love and respect for mother Indonesia and her people.


Brief 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

For free quotes for translating your migration, personal, study or business documents click here.

‘Adat law 100 years on: Towards a new interpretation?’ – KITLV

‘Adat law 100 years on: Towards a new interpretation?’ – KITLV

REMINDER: The Van Vollenhoven Institute for Law, Governance and Society (VVI), in collaboration with the Royal Netherlands Institute of Southeast Asian and Caribbean Studies (KITLV), organize an international conference on the continued importance of adat law in present day Indonesia on 22 May 2017.

Leiden Asia Year
Leiden Asia Year

22 May 2017

National Museum of Ethnology, Leiden

This international conference focuses on adat law in Indonesia a century after the Adat Law Foundation (adatrechtstichting) was set up in Leiden in 1917 by Cornelius van Vollenhoven and Christiaan Snouck Hurgronje. In present-day Indonesia adat law continues to be of great importance.

The international conference aims to provide an update and to look at the current legal, social and political meaning of adat law, the way it is being invoked and how it is deployed for a variety of purposes. The key question is what the relevance of adat law is in present-day Indonesia.

Read more about the progam

Date: 22 May 2017

Time: 13.30 – 18.00

Venue: National Museum of Ethnology, Steenstraat 1, Leiden

Registration required: adat.law.conference2017@gmail.com

Founded by KITLV/Adatrechtfonds, Leiden University (AMT, VVI) & LUF.

For more information visit http://www.kitlv.nl/conference-adat-law-100-year/