Saturday, August 23, 2008
Rizieq Threatened Five Years Imprisonment
THE Leader of Islam Defenders Front (FPI) Habib Rizieq Shihab for first time followed jurisdiction process on
The Prosecutor accused Rizieq cause has been published statement to made FPI mass be abetment, misanthropy, and used violence approach to attack Ahmadiyah congregant and several activist from the National Alliance for Freedom of Religion and Faith (AKKBB) when happened incident in National Monument (Monas), Jakarta, on 1 June 2008.
Prosecutor using two alternative Criminal Code Articles 170, for ambush, and 156. Rizieq will be threatened five years and six months imprisonment. Meanwhile on the Criminal Code Articles 156, Rizieq will be threatened fours years prison punishment.
"Each sections are different punishment threat. Criminal Code Articles 170, juncto 55 section 1 subsection, Rizieq will be threatned five years and six month prison punishment. But, for 156 section, he got threatned four years punishment prison,” said Mustaming, public prosecutor after followed the jurisdiction process.
Mustaming added, there accusation are alternative section, and decision depend on the judge decision after jurisdiction process. “We just introduced two sections became as accusation as evident. That’s will see later,” he said.
In accusation prosecutor, Nurlini, The chief of public prosecutor said, Rizieq has abused of power by violence, threat, deviation, and given challenge and given facility to provocation others people to use violence and to attack others group by together.
She said, Rizieq must responsible for the FPI's violent ambush on activists from AKKBB, who were gathered at Monas on June 1.
She said, accusation based on several evident. On May 2008, on Al Islam Mosque, Petamburan, Tanah Abang, Rizieq has speech and provocation to wage war against Ahmadiyah.
Public prosecutor said four FPI members are Muhammad Subhan, Taufik Hidayat, Raflin, dan Fachrul Rozi was followed Rizieq’s speech.
"Moslem in right hear called to war. We are Moslem must fights with Ahmadiyah who was adopted deviate ideology so should be dispersed. Ahmadiyah is apostate," said Nurlini when she read prosecutor’s accusation.
When presiding judge Panusunan Harahap asked Rizieq whether he understood the charges, Rizieq said if he did not understand.
Rizieq said, he didn’t understand prosecutor’s accusation. "I don’t understand," he said. And then, Wahyudi, a member public prosecutor explained again, accusation for Rizieq base on 170 section, juncto 55 section 1 subsection KUHP that explained Rizieq has been provocation on 28 May 2008 in Petamburan to invite FPI mass, included Muhammad Subhan, Taufik Hidayat, Raflin, dan Fachrul Rozi, to used violence and attacked Ahmadiyah and AKKBB.
Rizieq said again, "I am not understand about prosecutor accusation used 170 section, and 156 section KUHP. So I realy did not understand prosecutor’s explain. I have rights to protect my self,” he stressed.
Rizieq also disagree. He claimed, never in Monas and never inviting anyone to use violence. "I am not understand prosecutor’s accusation,” he said.
He also disagree about prosecutor accusation who was explained Rizieq was threatned, deviation, and given challenge and facility to provocated others people used violence and together attacked others group
Rizieq claimed was not at Monas on that day, and if he charged for inciting hostility. “I worri, then the President, who campaigns against corruption, is also guilty of inciting hatred against corrupt officials!" he said.
Achmad Michdan, FPI Lawyers said, he confident if prosecutor did not have strong evidence to prove Rizieq's alleged involvement in the attack. "The witnesses are not a problem for us," he said.
He added the lawyers had filed a complaint over the Jakarta Prosecutor's Office's late request to extend Rizieq's detention.
The Jakarta Police, have been catched five suspects including Islam Troop Command leader Munarman. On the Monas incident, Police has been identified them. FPI members attacked the AKKBB activists at the Monas in
Beforehand, Police arrested some 57 members of the Islam Defenders Front (FPI) on early Wednesday in connection with the Monas (National Monument) violence last Sunday.
FPI has urged the government to ban Ahmadiyah for not following the mainstream Islamic tenets and for believing that founder Mirza Ghulam Ahmad is a prophet. Mainstream Muslims regard Prophet Muhammad as the last prophet.
FPI members attacked activists, leaving 70 people injured , seven of whom had to undergo intensive treatment at
FPI and other mass organizations staged a rally against the fuel price hike in front of the State Palace while AKKBB was marching towards the Hotel Indonesia (HI) Circle to commemorate the Pancasila`s anniversary. However, they met at Monas and the violent incident occurred.
Beforehand, several leader rejected efforts by FPI attack on a AKKBB. The largest Islamic organization Nahdlatul Ulama (PBNU), Hasyim Muzadi, said regrets the use of NU`s name and attempts to involve it in the furore over the Monas incident.
He said, after the Monas incident, many parties - both within and outside NU - were trying to drag NU into the case in an effort to show strength. The parties even tried to involve NU in physical clashes with the FPI.
Muzadi hope, this should not happen and must be prevented. Physical clashes will harm both sides. “We want to settle the Monas
He reminded parties who wanted to drag NU into the case such as NU`s youth wing GP Anshar , NU`s Pagar Nusa
Martial Arts Community and other autonomous bodies within NU to stop their provocations. He said both AKKBB and the FPI were wrong. The FPI was wrong because they had committed violence while the AKKBB was wrong because it had made the Ahmadiyah issue a problem of freedom of religion and faith.
"The Ahmadiyah issue is not a question of freedom of religion and faith but of defamation of a certain religion, in this case Islam," he said.
Indonesian President Susilo Bambang Yudhoyono also have been urged authorities to take firm action against hardline Muslims who attacked a rally for religious tolerance at the weekend.
"I am deeply concerned with what happened yesterday afternoon. I condemn strongly the attackers that caused injury to our people," said Yudhoyono. "Our country is bound by the law and constitution and is not a country that supports violent acts. In regard to this incident, the law must be upheld."
M. Yamin Panca Setia
Photo by Tempo
Friday, August 22, 2008
Mahfud Be The Chief of Constitution Bodyguard
MOHAMMAD Mahfud MD became as Chief of the
He got win after defeated incumbent, Jimly Ashidiqie in a vote that was open to the public and followed by nine constitutional court at the
In chief election, Mahfud an Jimly must followed until second round. On the first round, Mahfud and Jimly get same domination vote. They were success defeated seven judges that also be candidates. Mahfud and Jimly get four vote, and one judge abstained.
On the second round, Mahfud defeated Jimly. He got five votes, and four votes to Jimly.
In the election for the position of deputy, on the first round, Akil Mochtar, the newly judges from the house of representatives got dominant vote. Three votes for him. Akil who was former Golkar Party politician defeated Maruarar Siahaan and Abdul Mukthie Fadjar as others candidates who got two votes for each.
Meanwhile. Arsyad Sanusi just got one vote, and one judge abstained.
But, on the second round, Akil lossed one vote. He only get two votes, but four votes for Mukthie, and three votes for Maruarar. Finally, on the third round, Mukthie get support five votes, and he declared the winner. He defeated Maruara who was got four votes.
Jimly accepted his defeat. He said, this election mecanism open election for public to showed if the Court of Constitution will be transparent court model.
"Hopefully, next leader with eights judges can more increasing the performance institution,” he said.
Jimly remaind, the constitutional court will be facing more complex challenges for five years leters. He believed, if next condition will be different than five years before.
Jimly assess, constitutional court jobs will be more complex because The General Election 2009 has been more nearer. That can more different for all aspect than the General Election 2994. "Object’s conflict more be complex. And then, the regional election also more complex caused entered in new definition about general election. It this will giving new challenges." he said.
The Law expert Irman Putra Siddin assess, Mahfud’s politician background can’t influencing
Irman also remained that
"It must looking by
He added, the
Mahfud is a law professor at the Indonesian Islamic University in
He have politician backround. But, he declared never intervention consititution Court’s independence was developed by Jimly.
"You can assessing later. Insya Allah, No. I become statesman now, not as politician,” he said.
Mahfud who was defense minister under Abdurrahman Wahid said, after six mounths joined in
"We can free debate. If failed get agreement, we can take agreement by dissenting opinion," he said.
Mahfud stressed, constitutional court independence very important and should defense cause all constitutional court verdict must in line with constitutional that standing trial by society.
He already to entrust his credibility to save constitutional court still impartiality and independence. He said, no body can dictation judge constitutional.
"I will enterusting everthink to ensure independence and impartiality and independence. If no, (impartiality), will distrub constitutional court," Mahfud stressed.
He claimed he has been showed independence since he became as constitutional judge.
He given example, when he agreed to reject judicial review politic party law has proposed by the head of National Awakening Party politician From Nusa Tenggara Timur.
"The judge must independence, I will enterusting everthink to increase independence. I am happy if constitutional judge can free when making decision. And, constitutional judge’s dabate very seriously, theoretical,” he said.
They are free to defend argumentation. The
But, democration without law can be wild. “So, the constitutional court must be bodyguard to save law state,” he said.
Jimly after given his position to Mahfud, hoped anyone doesn’t worried about
“When I before as chief onf justice onf the constitutional court, I am a politic party board,” he said. "That is last story," he said.
He appreciated Mahfud’s skill. Jimly believed Mahfud can made increasing constitutional court performance and professionalism to always independence and impartiality.
M. Yamin Panca Setia
Photo by Tempo
Wednesday, August 20, 2008
Leaving Hatred for Better Future
INDONESIAN President Susilo Bambang Yudhoyono was smile between Timor Leste President Jose Ramos Horta and Prime Minister Xanana Gusmao. A friendship atmosphere took place in Nusa Dua,
The Indonesia-Timor Leste joint commission has finished their 2,5-year investigation on human rights violation before and after the 1999 referendum in
The CTF report concluded gross human rights violations took place in
It also concluded pro-Indonesia militia groups, the Indonesian Military (TNI), the local government of
Responding to CTF report, the government of
The two governments emphasized efforts to look for the truth and prioritized friendship to develop reconciliation among citizens of two countries.
Indonesia-East Timor acknowledged that human rights violation in East Timor in 1999 was committed by both parties were caused by complexity of situation, in
Indonesian Foreign Minister Hassan Wirajuda said human rights case in
Indonesia-Timor Leste also agreed to create peace zone to ease interaction among citizens of the two nations.
President SBY said, CTF that set up in May 2005 aimed to found comprehensive truths by prioritizing reconciliation and friendship to prevent the same tragedy taking place again. According to him, human factor that can build institutional and civilize state, not judicial nor ideology.
Horta said,
Horta expected that the report could increase spirit to forgive each other in order to develop good relationship between the two nations.
Follow Up
Several human rights activists asked
"President should work together with the United Nations’ Security Council to follow up agenda of justice for human rights crime in Timor Leste after receiving official report from CTF," said Agung Putri from The Institute of Study and Social Advocate. He demanded SBY to sent apology to public, not only regret.
Coordinator of Commission for Disappeared Persons and Victims of Violence (Kontras), Usman Hamid suggested President SBY to take steps to improve institutions which involved in the incident and follow up the findings of CTF.
Parliament Member Yusron Ihza Mahendra urged
must be reference, use wisdom."
CTF Chairman Benjamin Mangkoedilaga said that the CTF’s recommendation benefited all parties, including victims. He mentioned that the recommendation made possible for families or friends form the two countries to visit each other through border without legal constraint. “People and commodities can flow smoothly and safely through the border,” he said.
M. Yamin Panca Setia
Ashen of Memory in November 1998
“SOMETIME, I feel tired,” said Maria Catarina Sumarsih. She deplored cause she has been exposed and looking for killer’s Benardinus Realino Norma Irawan who was dead shoted by
Wawan is one of military violantion victims. According to Sumarsih, Wawan shoted by military when intermediates to trip humanitarianism task in campus, two kilometers from parliement’s buildings. Just a few moments before shoted, Wawan has given signal to agency if he helping his friend. But, military insolent didn’t compromise with protester. They shoted, and destroyed campus. Many students were injured.
At 1998,
Up to 10 years, Sumarsih and her husband, Arief Priyadi, continually effort to uphold truth and looks for justice. Maria never will stop to effort finding killer’s Wawan.
With others victim family, they still often go to street for demonstration, lobbied parliament and politic party elits, and meet the attorney general.
Moreover, they have been lobbied international to help pushed Indonesian Government be more serious to law enforcement for human rights victims. They also has meet with President Susilo Bambang Yudhoyono on 26 march to remain the Indonesian government unforgiven and closed Trisakti’s case. They hope, President always given attention cause human rights case couldn’t clear until now. The law enforcement unsuccess exposed suspect who became human rights arsonist.
The law institution such as the attorney general showed bad track record exposed human rights case. They weren’t serious to actualize commitment, efforted law enforcement, and give punishment to several suspect who as the human rights arsonist.
Several documents after sent by The National Commission of Human Rights just like rubbers. The Attorney General never clear follow up information, research and investigate report about Trisakti tragedy from The National Commission of Human Rights.
On 1 April 2008, The Attorney General was sent back four documents predicted seriously violantion human rights case to The Nation Commission of Human Rights. The attorney general claimed that document uncomplete.
Four cases has been reported by The Nation Commission of Human Rights are Wasior-Wamena, Trisakti, Semanggi I dan II, and excision person used compulsion modus.
The head Nation Commission of Human Rights Ifdal Kasim complained when knew the Attorney General sent back documents human rights report.
He felt like ping pong ball. Ifdal said, it was no for first time attorney general sent back documents after the National Commission of Human Rights report about research, investigation and field observation. "So far, the attorney general never to do (follow up), althought documents has sent long time ago," said Ifdal.
The Nation Commission of Human Rights claimed has been finished investigate and observation to found human rights case. "We were just collect about information and fact. That information read by investigator officer,” said Ifdal. And then, the attorney general must investigation to found truth. Beforehand, the member The National Commission of Human Rights, Syafruddin
Ngulma Simeulue, have been urged the attorney general ught not to sent back that documents.
The Nation Commission of Human Rights also have been meet with the attorney general made same perception how founded solution and answered human rights case for past time.
But, the attorney general didn’t made more serious.
The head of law information attorney general BD Nainggolan reasoned, documents about Wamena-Waisor should sent back cause uncompleted like according section 20 (3), the law No.26/2000 about the human rights court.
He also reasoned, if documents about Trisakti, Semanggi I dan Semanggi II (TSS) was sent back because the suspect already trial and get punishment by the military court. In this case, he said, suspects being following infliction in the jail. They also got the sack from military institution.
Others documents about chaostic tragedy on Mei 1998 and erasion person used compulsion approach also sent back by the the attorney general cause still waiting formed the court of human rights ad hoc and prevail the lessened principle.
The human rights activist unaccept that reason. “What is cause that case have not diamond and money, but just bloods, and tear,” Usman Hamid, The Coordinator of the Commission for Missing Persons and Victims of Violence (Kontras).
That organization non government have been pushed the attorney general to more attention and serious, checked and investigation. Kontras also has sent letter to The Head of Attorney General Hendarman Supandji exhibitioned conference to discuss about solution so can expose human rights case can finish on past time.
"But, until now, they didn’t respons. I think, in level the attorney general must do concrete action,” he said. Usman hope, Presiden and infrustructure can follow up and find the effective methode to finish immediately.
Usman said, the Presiden’ authority is very big to intervention and responsible so can handle human rights case cause involved several former high official state. "President can take breakthrough with made the human rights court ad hoc, without parliament initiative,” he said.
President’s initiative accountable to
Special attention for all human rights victims also became responsible for all people so
Settlement human rights case can discontinue about cycle remember tragedy human rights case last time.
Senior Lawyer Adnan Buyung Nasution assess, the attorney general and the National Comission Human Rights must be compact to investigation human rights case.
The commission shold continue discussing with the attorney general. “How to open this case. What case? If they have been agreed, so we can collaborate,” said Nasution at
But, he predicted is not easy to expose the human rights case cause became
Adnan who as became the member of The Law President Consultant proposed, to find solution needed politic policy, not use law again.
The attorney general stagnate to investigation human rights case made Kontras and several organization non government bring to human rights case to Universal Periodical Review (UPR) The United Nation in Geneva. They wiil always requested international attention so can pushed Indonesian government comply international standard law of human rights. UPR also control about solution mechanism to answer human rights case in countries.
Human rights
The former President Europe Commission Jose Manuel Barroso have been questioned the Indonesia Government at the high level conference in
Usman said, Baroso’s wish is representative 25 country involved in the Europe United Uni Eropa.
Moreover, Kofi Annan when still became secretary general of United Nation was sent Hina Jilani and Leandro Despouy. Jilani got responsible to help advocation for human rights case in the world. Despouy became special reporter to control the
And then, they sent information to United National Meeting every years or via human rights The United Nation board whose meeting thrice for one year. They always review about law enforcement human rights in
The vice of Commission III Indonesian Parliament Ihza Mahendra assess, human rights issues became focus international society. He said, is possible for international to give punishment for
M. Yamin Panca Setia
Photo by Tempo
Tuesday, August 12, 2008
It’s Time to Politic Campaign.
Let’s move to general election 2009. This time to began get public sympathetic. Many public area like on the markets, stations, streets, we look several big banner that showed about politic jargon published by politic parties.
We also can look many politic parties flags flaunted on the streets. The engine of politic party had moved more speedy since the politic campaign has began at 12 July 2008.
Before campaingn started, elits have been more hard to struggle and pump out public support. They came and see people after they have long time didn’t accosted people who still got a lot of problems until now.
They accosted people with smile face, and present in public area like as the rescuer angel.
On the each public space area like on the streets, markets, terminals, statitions, etc, many atributies politic party had distributed.
They also expansive used media public to be medium for campaign. They will get public sympathetic to support the President, the governor, or the mayor elections.
On media public, newspaper, television, radio, etc, they agresive published about politic jargon on behalf served public interest, democration, walfare, and justice. Pro poor, pro jobs, and pro walfare, pro justice, etc as be objects issues to invite public sympathetic.
When the election general come and more closely, many people became polictic actors. Total the politic party who be as participant on general election 2009 more increase. Total participant until 34 politic party, from 24 who became participant at the general election at 2004.
But, are elits politic party enthusiastic parallel with public enthusiastic who be exploitation object them to get champion?
"The public have been surfeited politic,” said the Executive Director Indonesian Survey Institute (LSI) Saiful Mujani in
Several politic obsevers are predicted if the politic party increased can’t push public participant at the election general 2009.
Why? Because, image politic party has damaged. Many 
clined skeptical and apathetic to politic," said Siti Zuhro, the politic observer from Indonesia Science Institute (LIPI).
Cash flow from Indonesia Bank for example. Several elits politic party involved in money flow from Indonesia Bank about Rp21,5 billion.
Hamka Yandhu, the former members of IX Commission Parliement said, about Rp21,5 billion has flowed to 52 parliement members from several fractions. Cash flow from BI predicted also sent to the politic party cash. It possible because politic party became one of institute corrupts from
Yamdu also has as suspect.
Two minister in the Integrate Indonesian Cabinet (KIB) leader by Presiden Susilo Bambang Yudhoyono predicted involved. Yandhu said, the minister of Forest MS Kaban got Rp300 million, and the minister of national planning Paskah Suzetta got about Rp1 billion.
Beforehand, public are disappointed because elits involved bribe case about Rp1,7 billion. Al Amin Nasution, the member Commission IV Parliement from the united party development (PPP) became as suspect in the transfer of area serve forest in Bintan.
Public also disappointed with corruptios case in the transfer functions at mangrove forest in Musi Banyuasin, South Sumatera, involved Sarjan Taher from Democrat politic party, a
nd Bulyan Royan from The Star Reform Fraction became as suspect in bribe case.
He got US$66 thousands, and 5.500 euro in the auction process the project of Patrol ships Directorat General The Departement of Sea Communication.
The people also disappointed because several elits politic party involved in the sex scandals. Max Moein from The Indonesian Democration Struggle Party (PDIP) predicted as suspect scandal sex with her secretary names Desi Firdiyanti.
Beforehand, people nauseated with scandal sex between Yahya Zaini, Golkar’s politician with the dangdut artis names is Maria Eva.
Power Oriented
The politic party increased with the new politic party as be participant in the general election at 2009 showed politic ambitious elits compared to democration actualization value
The politic obsever from
"Several elits precisely made party politic continent.”
He said, at General Election 2009, happened surplus politic party, but deficit about value. They made the new politic party just to cut and made more speedy get the power, and precisely used by compulsion approach, and didn’t used formalty procedure. “That means they disruption democration system,” he said.
Rocky beliaved that approach can made more politic party as participant in each the general election. He predicted, on the general election 2014, politic party as participant can be until 78 politic party.
The Secretary of General Pro Democration (Prodem) Andrianto worried about old politicians who made new politic party can made politic oligarcy tradition. Moreever, he said, old politicians had failed given positive change condition for country. "Maybe, the made politic party just catched of power,” Andrianto said.
But, Nurcholis, the member of national collective leader the Party of Democration Reform (PDP) disagreed about that opinions. He said, PDP develop by former PDIP elits to fight feudalism in the party politic tradition.
PDP founding fathers claims leaved PDIP because failed pushed PDIP reform. Because of that, PDIP lost at general election 2004.
They disagreed feudalism when used voice to choce the leader politic party.
He expressed, when still join in PDIP, vote rights control by Megawati Soekarno Putri as party leader. “We have vote rights in PDP.”
He claimed, PDP present in the politic area to change feudalism leadership politic party.
PDP founded democratist format when determination party leader. “We refuse leader general terminology whose monopoly politic party leadership,” he said. Because that, we used collective national leader terminology who have same vote rights.
The vice head of Gerindra Partai Fadli Zon refused nauseated with politic party now because only get self interest, dan made politic oligarcy tradition. "Only bargain, didn;t make peolpe be smart. So, what I will to be done?” he ask.
Finally, we made new politic party, with more explicit platform. He accused, party politic elits now have failed get the reform future.
He looks, democration on the wrong track and unconventional. "Politic just as
keep profession. That’s wrong.
Zon hope that conditions must return. Can be dangerous. We are now on the wrong track," he said.
Whatever opinions, Siti Zuhro said, politic pary just more focus get the state power. They didn’t seriously answered public interest.
She said, politic party had failed develop democration consolidation because democration institutionalization by party politic development and reform parliament quality faced challenge like elits oligarcy in bureaucracy, business, didn’t maximal pushed democration institutionalization. Educate function, Siti said still on handle internal problems like forming of cadres and training.
Siti who also as The Habibie Center researcher, expressed, politic party didn’t maximal do educate function to public for observation and interview. "People learn politic by them self," she said.
Education function didn’t maximal because politic party and fraction in the parliament often can’t struggle people aspirations. Many policies made by parliement unproductive for people life.
The
Siti also ask about the financial tranparency report. According the law number 2/2008, the politic parties must made transparency financial administration and make people easy to acces. But, financial party politic report closed, public difficult to access.
Failuer politic party as politic institution worried will be democration threat.
Democration era was gro
wth and develop now can be lose. People’s legitimate be lose if democration can’t push walfare.
"Peole aren’t care if they must to choice for democration. The people said, walfare more important than democration. Bad life and walfare, can make people be apathetic.
“That public’s interest mush be attention for politician who be competitor to get
public sympathetic at general election,” Mujani said.
Siti recomended needed forming of cadres more intensive, and continue to develop politic party quality. Needed politic party management oriented modern institution development, and free from figure.
M. Yamin Panca Setia
Photo: Tempo
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