Jakartass Home thoughts from abroad. Alien thoughts from home.

I'm not going to pepper this post with links, but refer you to the Jakarta Post and Jakarta Globe if you wish to delve further into these few, of many, examples of judicial arrogance here in Indonesia.

A scavenger has been detained since March 1st charged with possession of 1.5kg of marijuana. Prosecutors say they aren't ready to present the case because none of the police officers who were witnesses in case had arrested him, signed testimonies or presented dossiers.

The parents of twins born prematurely in 2008 who suffered eye damage, one being totally blind, from being kept in incubators too long by doctors at Omni Hospital (and luxury spa-hotel) have asked the police to reopen their case. The police internal affairs division is investigating 12 officers accused of conducting a biased investigation. Only Omni doctors were originally questioned and no independent expert witnesses were called before the police dropped the case.

Sidoarjo mudflow refugees have visited the Human Rights Commission because they are still awaiting the payout of compensation mandated by a presidential decree.

An erstwhile colleague and I are still awaiting payout of salary compensation, visa and medical costs and other legal entitlements from Ukrida Penabur International as awarded on appeal by the Supreme Court last May.

(If we have to open a civil case against them, we have documentary evidence of non-payment of tax, employment of tourists and other abuses of immigration laws and intimidation and circumstantial evidence of corruption.)

Frank Richardson has been fighting the abuse of his civil rights for a longer period than me.

The article I commissioned from him is here. If you wish to add to the list of miscarriages of justice here in Indonesia, please leave a comment here and/or write to him directly.

I first wrote a month ago about the shenanigans in Balikpapan Bay which, thanks to land speculation and massive investment, largely from South Korea, will enrich local businessfolk and higher echelon government officials at the expense of the environment and local aspirations.

The following email from Stanislav Lhota is an update.

Dear All,

There is more news in the media (in bhs. Indonesia) about Pulau Balang Bridge, and all is bad …

This article is basically a compilation of several similar media releases. On 12th March Governor Awang Faroek of East Kalimantan attended Agrinex Internasional Expo 2010 in Jakarta, where he was lobbying to find investors for Pulau Balang, besides other problematic projects, such as further extensions of palm oil plantations.

The other news concerns the ferry Somber, which has ceased operation due to the land ownership conflict. Balikpapan local government tried to buy the land but there was already an agreement. The Governor recently refused to intervene, stating that according to the tata ruang provinsi (Provincial Spatial Plan) transport will be directed to Pulau Balang, so there will be no further investment to improve the ferry transport.

Stanislav Lhota, M.Sc., Ph.D.
Dept. Zool., Univ. of South Bohemia & Usti nad Labem Zoo

Stan is planning to launch a website soon, possibly in blog format, which will give much more information, including environmental studies, than I can offer here.

If the Indonesian government is serious about being a world leader in environmental protection, a claim which cynics such as myself believe is a political smokescreen, then they should examine the background to the proposal to drive a major road through a national park and coastal mangroves and listen to the voices which elect them as well as the views of internationally eminent scientists such as Stan.

His publications are available here and you can also support him by email.

1. On the jalan tol the other day I saw a road tanker with two words – AIR LIQUIDE – painted on the sides.

'Air' in English is what we breath, although it's very polluted here in Jakarta where 'air' (pronounced eye-ear) means water. Although I can't find anything online, I do know that, along with the multi-national owned brands of bottled drinking water such as Aqua and Ades, there are a number of smaller operations which bottle water from springs (sprung water?) from the hills to the south and east of Jakarta. One such is "Wet".

Of course, and presumably the opposite of 'dry' water.

But I digress. It wasn't until I dredged up my French that I understood what the tanker was transporting.

2. Look at this pair of gloves.

 

They seem to be rather ordinary hand-warmers but they're not.

Nope, not only are they "unisex" but they're battery operated.

Yep, these comfortable gloves heat up in minutes and keep warm for hours. They feature an advanced battery operated heating system that circulates gently warmth around the hands and fingers, as well as a thermal fleece lining and a water-resistant outer material.

They use one D-type battery per glove and the batteries are hidden in discreet compartments on the cuffs.

Of course, I wouldn't dream of buying them. It's not because I wonder what was wrong with gloves before, nor because I live in tropical climes but because, like my feet, my hands are too big. These gloves are available in medium only.

(£14.99 a pair – c.Rp.250,000. Batteries not included.)

3. Indonesia – home to the world's smallest seahorse.

actual size

Little bigger than a pea, the smallest known sea horse, Hippocampus satomiae, was discovered at a depth of about 15 metres on reefs in Indonesia, from Derawan island to northern Sulawesi and Borneo. This species resembles, in texture and colour, the sea fans with which it lives. It has a pouch in which it carries its young, which are only 3mm in length. Animal names ending in -ae honour women, in this case Satomi Onishi, a diving guide who collected the first specimen.

Like other pygmy sea horses, its size and camouflage make it difficult to spot.

But do try because Simon Stuart, chair of the Species Survival Commission for the International Union for the Conservation of Nature – the body which officially declares species threatened and extinct – has said that "almost certainly" we humans are driving animals and plants to extinction faster than new species can evolve.

4. Indonesia – home to the smallest brains

I'm not referring to Homo floresiensis, the so-called 'hobbits' of the eastern island of Flores which William L. Jungers, a paleoanthropologist at Stony Brook University Medical Center, says is a new species that cannot be explained by any known pathology.

Nope, I'm referring to the news that Indonesia is perceived as the most corrupt nation in the Asia Pacific region with a score of 9.27 out of the worst possible 10.

The Jakarta Post is absolutely right to assert that it takes two to tango. However, it's pathological specimens such as the pea-brained legislators, senior police officers and former billionaires who take the lead in insulting our intelligences by playing with legal processes.

Do they really think they can get away with it?

I haven't written about Kalimantan before although I do know where it is. I once sat in my seat on a Sempati plane as it sat on the tarmac at Balikpapan airport in transit to Jakarta.

This blog isn't called Jakartass for nothing, but I am concerned about maintaining Indonesia's biodiversity and I abhor political shenanigans and its embedded corruption so when I received the following email my interest was obviously aroused.

Hello J.

Would you be interested in reporting on Balikpapan Bay / Pulau Balang project, threatening the ecosystem there? This unfolding story has all characteristics of Indonesian development projects driven by greed.

My Czech colleague, Stan Lhota (M.Sc., Ph.D. of the Department of Zoology at the University of Dept. Zool., Univ. of South Bohemia) is involved in an almost hopeless campaign to prevent the destruction of local biocorridors and mangrove ecosystems. He is originally a biologist rather than a campaigner, but in Indonesia, one has to assume both roles. I promised Stan a little help and I thought that informing/ involving the Indonesian expat community might be worthwhile although the interests in the project in provincial and central governments are powerful.

Stan is also involved in time-consuming fieldwork and if there is publicity and pressure from outside, he would certainly appreciate it.

This is a statement from Mr. Miko, Biodiversity Director from DG Environment (Eur. Commission), former Czech Environment Minister who is interested in this cause.

A google search produced this page, well worth linking to, as it covers the issues in some depth.

Balikpapan Bay in East Kalimantan is home to an incredible variety of ecosystems: in the shallow bay waters endangered dugong feed on sea grasses and salt water crocodiles sleep; along the bay proboscis monkeys leap among mangroves thirty meters tall and Irrawaddy dolphins roam; beyond the mangroves lies the Sungai Wain Protection forest; here, the Sunda clouded leopard hunts, sun bears climb into the canopy searching for fruits and nuts, and a reintroduced population of orangutans makes their nests; but this wilderness, along with all of its myriad inhabitants, are threatened by a plan to build a bridge and road connecting the towns of Penajam and Balikpapan.

The bridge, known as Pulau Balang, would span the bay, splicing through Balang Island, cutting off the mangroves from the rainforest, and running the entire length of the western edge of the protected forest. While the direct impacts would be severe – deforestation for the road, splitting the mangrove from the rainforest, damage to the reef – researchers say that providing people easy access to the mangrove and forests will inevitably destroy them.

The page also lists some 14 endangered and vulnerable mammals, 5 endangered and vulnerable birds and 2 endangered amphibians

The proposed bridge is the dotted red line at the top, running below the Sungai Wain Protection Forest and then cutting through the dark green of the mangrove belt.

As ever, there are cheaper and less environmentally damaging alternatives, particularly the middle route on the map (Tanjung Batu – Gunung Seteleng). The lower bridge (Nipahnipah-Melaway) is perhaps not feasible as Balikpapan doesn't want heavy trucks going through the city.

So why, one may reasonably ask, haven't they been chosen?

There appears to be a conflict between local and provincial administrations

Recently, local governments, perceiving the many negative aspects of the project, have stepped away from supporting the Pulau Balang Bridge. Instead they have put their support behind the alternative road that would cause far less environmental harm and be a better option for their communities.

Yet the provincial and federal governments remain staunch supporters, capable of pushing the Pulau Balang Bridge through despite local concerns. Already, funds for the bridge and road have been secured by investors from South Korea.

There is also the matter of land speculation which has been ongoing since the early 1990s when the road was first planned.
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Corruption in East Kalimantan
Kutai Kartanegara – Indonesia’s richest district
Indonesia Corruption Watch – Bank Kaltim paid Rp.18.59 billion in 'gratuities' to local leaders.
Corruption Eradication Commission (KPK) reports 1,254 corruption cases

Local Press Reports in Indonesian
Bupati (Regent) Andy Harahap speaks about Tanjung Batu – Gunung Seteleng bridge
Government website
Balikpapan – a brief article which explicitly states that the Tanjung Batu – Gunung Seteleng bridge would be the best alternative to the Pulau Balang Bridge.

I have written to both the Jakarta Post and the Jakarta Globe suggesting that they have better resources than I to investigate and report on this issue.

After all, if this case has stirred international concern, shouldn't it also matter to those of us in Indonesia?

BAE Systems PLC (BAE) is one of the most ethically challenged corporations operating today.

Thus opens a page on Knowmore.org, an organisation whose aim is to raise awareness of corporate abuse.

Selling arms to dictatorial regimes is “ethically challenging”, as is resorting to corrupt practices in order to secure contracts and BAE has now admitted to the Serious Fraud Office in the UK and the Department of Justice in Washington that it is “guilty of false accounting and making misleading statements” in its worldwide conduct. It will pay penalties totalling almost £300m.

However, BAE will not face international blacklisting from future contracts, because it has only admitted false accounting, not bribery.

The admissions in the US covered BAE’s huge £43bn al-Yamamah fighter plane sales to Saudi Arabia and smaller deals in the Czech Republic and elsewhere in central Europe. In the UK, the admissions cover a highly controversial sale of a military radar to poverty-stricken Tanzania, which the development secretary Clare Short said at the time “stank” of corruption, but which the then prime minister, Tony Blair, forced through the cabinet.

I can find nothing about Indonesia in this news, although there is a great deal of evidence, much of it uncovered by the Guardian newspaper, that a BAE company, Alvis, “paid £16.5m in bribes to President Suharto’s eldest daughter (Siti “Tutut” Hardiyanti Rukmana) to secure a £160m sale of Scorpion tanks in the mid-1990s which were then used for internal repression.”

This “internal repression” continued after the ‘abdication’ of Suharto, as this extensive research clearly demonstrates.

In May 2003, the then President Megawati launched a martial law offensive in Aceh, master minded by her Co-ordinating Minister for Security and Home Affairs, SBY.

According to [Indonesia's] National Commission on Human Rights, this resulted in gross violations of human rights, including arbitrary arrests, torture, kidnapping, sexual abuse and extra-judicial killings. At least 2,000 people, the majority civilians, were killed. Hawk aircraft, Scorpion tanks, and Stormer and Saracen APCs were used during the offensive in breach (despite denials by the UK Government) of end-use “assurances” given by Indonesia.

Now he is President, SBY has prioritised the eradication of systemic corruption, an initiative for which he must be applauded and supported.

On the 12th December 2004, the Corruption Eradication Commission (KPK) launched an investigation into the allegations against Tutut Suharto.

The deputy head of the independent anti-corruption commission, Erry Hardjapamekas, said the disclosures were “a high-profile case that has to be a major concern” for his body.

“It appears the state budget may have been used to buy these tanks and that the deal may have contained irregularities. If that’s the case and it caused losses to the state, it’s corruption and cannot be tolerated.”

I wrote about this case back in 2005 and am still waiting to hear the conclusions of KPK.
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Footnote

It is the nature of governments to use quasi-legal arguments to cover up their wrong doings.

On 29th January, the UK’s Serious Fraud Office charged one of BAE’s former confidential agents, Count Alfons Mensdorff-Pouilly of Austria, with bribery over arms deals. He was accused of conspiring to make corrupt payments to promote the sale of fighter jets to Czech Republic, Hungary and Austria and remanded in custody in London.

With BAE agreeing to pay penalties, the case has now been dropped.

However, the Serious Fraud Office has evidence of “systematic methods for making corrupt payments to foreign politicians and officials” implicating “very senior BAE executives“.

I seriously doubt that we are going to see Tutut in court. I also doubt that she feels any remorse, but at least we can continue to hold her in contempt.

Like myself, Dave Jardine is a Brit long resident here in Indonesia.This blog is a reflection of that duality, of never losing touch with one's roots whilst more permanently being away from them.

The UK has vast investments here in Indonesia and has long had an interest in having good relationships with the Indonesian military, not least because UK arms sales are a lucrative source of foreign reserves. That British Aerospace Systems (BAE) has bribed various members of Indonesia's political élite in the past is well documented, as I commented back in 2005, here and here.

That BAE's corrupt practices have been condoned by the oh-so-ethical Labour Party is less well known. Dave Jardine has contributed the following article shedding some light on the hidden agenda of the UK government in its relationships with Indonesia.

This article is copyright. Please email Dave if you wish to reproduce it.
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In early February this year the Indonesian Ambassador to London signed with the British government a Memorandum of Understanding (MOU) enjoining the United Kingdom and Indonesia to jointly fight corruption. What, one wondered, were the mutual benefits in this arrangement? Who would be doing what for whom? Would Indonesia demonstrate a new hygiene in its judicial system? Would the politicians begin to take business and governmental corruption seriously? Would the British show themselves to be squeaky clean?

This remarkable agreement came about within weeks of Prime Minister Tony Blair’s so-called New Labour government interfering in the legal process by bringing to a halt through the politically appointed Attorney General Lord Goldsmith an investigation by the Serious Fraud Office (SFO) into bribery and slush funds involving the country’s leading arms manufacturer BAE Systems. The company is alleged to have made huge payments to well-placed Saudi Arabian connections in a deal involving Swiss bank accounts and other ‘backdoor’ methods, all to avoid Parliamentary scrutiny. BAE’s Al-Yamamah contract to service the defenses of Saudi Arabia is massively lucrative and worth billions of dollars.

Blair met with Goldsmith, Defense Secretary Des Browne, Foreign Secretary Margaret Beckett and the heads of Britain’s notoriously mischievous intelligence services and it was decided to terminate the SFO’s investigation, which, if carried to its logical legal conclusion would have led to prosecutions. The justification: the inquiry endangered ‘national security’, surely a bizarre notion, and ‘put at risk Britain’s broad foreign policy objectives in the Middle East’, which, apparently, include propping up the brutally repressive Saudi regime as well as illegally occupying Iraq.

This move was made after enormous diplomatic pressure from Riyadh. In other words, the lawyer Blair and his inner circle interfered with the legal process at the behest of a foreign government. This was surely a humiliation for the United Kingdom.

Two NGOs, the anti-corruption The Corner House and the Campaign Against the Arms Trade (CAAT) lodged a judicial appeal against the blockage of the inquiry, contending that it is in contravention of the ant-bribery code of the Organization of Economic Cooperation and Development to which the UK is a signatory.

The latest development is that the London government has tried to oust Professor Pieth, the Swiss legal expert who heads the OECD’s anti-corruption watchdog. London wants him removed for pursuing the matter of the blocked BAE System’s inquiry. Attempts at diplomatic arm-twisting by Britain have left a bad odour with foreign governments. Meanwhile, Pieth and the OECD Director General Angel Gurria of Mexico suspect London may have planted various character assassination pieces in UK publications, although British diplomats deny this.

The implications are quite clear: Blair’s government will go to any lengths to protect high-level business corruptors involved in deals that are linked to major foreign policy objectives. To do this they are prepared to subvert international conventions to which the UK is a party. The OECD anti-bribery code expressly forbids “consideration of the impact of corruption probes on relations with a foreign state, as CAAT has noted in a very recent press release.

BAE Systems, meanwhile, has got dirty. It recruited consultant Paul Mercer to monitor activist groups and Mercer duly committed an offence in so doing by releasing a CAAT email containing the confidential legal advice the group had obtained. Mercer is now under a court order.

Indonesians studying this affair may reasonably ask whether the United Kingdom is in these circumstances a worthy partner in a joint fight against corruption. If the UK protects its high-level corruption suspects in this fashion then what does Indonesia have to learn? Equally, Indonesians may be legitimately concerned that this very same BAE Systems is deeply interested in developing Indonesia’s arms production base, a pet scheme of Defense Secretary Juwono in tandem with the Indonesian Armed Forces (TNI).

Lastly, Indonesians may have noted that the leader of the government proposing to jointly fight corruption with their country is the first serving British Prime Minister to have been questioned by the police, this in connection with the ‘cash for honours’ affair.

David Jardine
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Footnote

It is reported today that Swiss authorities have launched an investigation into alleged money laundering by BAE.

Federal prosecutors in Bern launched at the weekend their own official investigation into BAE, this time for alleged money laundering. Investigators there will be able to examine Swiss accounts held by billionaire middleman Wafic Said, who is regarded as a potential witness.

Hundreds of millions of pounds are reported to have passed through the accounts, from an offshore company secretly owned by BAE called Poseidon.

BAE's secret operations in Switzerland have emerged at the centre of many of the worldwide allegations against the company.

The Guardian has won a court case in Britain allowing public access to documents which show that Alvis paid £16.5m in bribes to President Suharto's eldest daughter to secure a £160m sale of Scorpion tanks in the mid-1990s which were then used for internal repression.

You can download the .pdf files of these documents here.

They make fascinating reading.