Tuesday, December 30, 2008
The End of Oligarchy Elites Political Party
SEVERAL political party elites complained the constitutional court’s verdict, on Tuesday (23/12). “It was doomsday for political party,” said Bambang Wuryanto, the Vice Secretary Faction Indonesia Democratic Party of Struggle (PDIP) in the house of representative. He deplored after knew the Constitutional Court revoked consecutive numbers rule according the 2008 election law.
Lukman Hakim Saefuddin, the Chief of Unity Development Party (PPP) Faction in house representative also said, the verdict court is unfair, and can made Indonesia democration be more liberal.
But, Indonesia reality politic to forward liberal democration not yet. He also predicted only elites who have big money can be win in politic competition. “It’s unfair,” said the Commision III House Representative.
“We aren’t ready to implementation liberal democration,” he added. Political elites parties, especially whose has been adopted consecutive numbers rule to legislative election unagreed the court verdict. But, they must to follow cause the court verdict is final and tie for all.
The constitutional judges assessed, consecutive numbers rule in the law No.10/2008 is contradiction with the 1945 Constitution. “It is unconstitutional because contradiction with subtantive purpose people sovereignty and justice mentioned in Article 28D (2),” said the Chief Constitutional Court Mohammad Mahfud.
Several others appreciative after Constitutional Court revoked consecutive numbers rule according the 2008 election law, cause made more better democracy for the people of
Indonesia.
The candidate who dreams be legislative members must can get majority votes. The people hope that the party power brokers don't again try to subvert the process of direct elections. They may not be comfortable with the people having the power to vote for and elect the candidate of their choice.
Many Indonesian citizens supported the Constitutional Court ruled that seats in the nation’s legislatures would go to the candidates who secured the most votes.
The court unanimously agreed to revoke two articles in the 2008 election law concerning the way legislative seats are distributed. The constitution court has moved better democracy bodyguard.
“I appreciated. The court decision is very democratic,” said law observer Irman Putra Siddin. “That decision has made people’s interest recovered,” said the former the Constitutional Court Jimly Asshiddiqie, on Wednesday (24/12).
The Chief of General Elections Commissions (KPU) Abdul Hafiz Anshary also
appreciated with the court verdict. That decision more descrease jobs for KPU when decide legislative candidate who will the legislative members.
“Legislative candidate chosen by the majority votes, therefore no one be aggrieve,” said Hafiz in Jakarta, Wednesday (24/12). Amien Rais, the founder of National Mandate Party (PAN) said, consecutive numbers rule design by the house representative has made people tricking.
Hafiz also said, KPU will to plan KPU regulation about the legislative decision according the majority votes. “KPU followed the constitutional court decision and made KPU’s regulation about legislative chosen decision. We are still discussing,” he said.
According Hafiz, many problems must arranged after court decision. He give example about how to decision legislative chosen if have two candidate get same votes, but just one chair for them,” he said.
KPU also more intensive to publish about new legislative chosen regulation to public. KPU will made encyclic for KPU in all Indonesia region. The court’s verdict also as fighter oligarchy elites party, so that made different political mapping in this country for 2009. But, Ray Rangkuti of Civil Circle for Indonesia (LIMA) worried about court decision can buy and sell or transaction votes done by rich candidate.
“The District Election Committee can be place vote transaction deal,” he said. Rangkuti warned The Monitoring Election Body (Bawaslu) and citizen to involved as controller about vote transaction deal.
Others opinion mentioned by the members of women representative Yudha Irlang from The Women Move Advocate Democracy of Pancasila. She complained court verdict cause made defeat women struggle to be success reprensentative women in parliament.
"The court decision has defeated women struggle,” she said.
Election Law has accommodated women representative in parliament cause has decisioned 30 persent qouta for women who will be legislative member. The Constitutional Court revoked consecutive numbers rule according the 2008 election law made allocated women is not significant.
From many critic, the court decision is spectacular. The constitutional judges has destroyed elites politic party oligarcy. The constitutional court has moved be locomotive for law reform.
“We will continue to create for law in this country,” Mahfud stressed. The former of Defance Minister in Abdurahman Wahid President said, he didn’t care about many negative critic from someone who aggrieved by court decision.
The negative critic and sceptic always flowed to the judges after they published decision. In conflict vote calculation in region election for example. Some people has announced if the judges like calculator to calculate votes region election. The court should assessed about several problems in region election process.
“Is the court just as calculator to calculate vote dispute has calculated by KPU,” said Consortium for National Law Reform chairman Firmansyah Arifin.
He remained the courth should interprete again about court’s function and authority. When the Meeting Talk with 22 political party who be participant in the general election 2009, Mahfud said, the regional election violation or legislative election and president election used base for judge when will made decision vote calculation dispute.
"The facts of violantion be base for us to consider in vote calculation dispute. So that, give us truth facts,” said Mahfud.
M. Yamin Panca Setia
Photo: Tempo
Friday, December 19, 2008
ANTO told me. “I must bribe to prosecutor about Rp30 million,” he said.
He was borrowed money from bank. For him, that money is very big cause he only a as staff in Health Official Duty, East Lampung District. Anto deplored, cause his salary losi
ng until five years cause he must instalment payable to the bank.
“Why you must give money for prosecutor?” I ask him.
“Because I don’t want be prisoner,” he said.
Anto explained, The Head of Health Duty East Lampung who became as her superior has been prisoned by prosecutors.
Anto’s superior sentenced involved in graft case by presecutors in health project sponsored from budget state.
Anto said, he must interregoted by prosecutors cause involved when project planned. But, he claimed didn’t involved in graft.
But, Anto told me, project implementation is dishonest. The goods health procurement in draf proposal for hospital that has been approvement her superior is manipulation.
Anto knew if the market price more cheaper than register price in draf proposal.
“Market price cheaper than draf proposal until 40 percents. About 60 percent included for self poke.”
Anto also said, the draf price health goods in draf proposal made by team only to looking for money. He understood if state budget for bought health goods is not according hospital’s necessity.
"Hospital’s necessity have been overload. What for we proposed funds more," he said.
Anto tried to fight about that manipulative practice in health duty office. He was sent poison pen letter to the East Lampung Attorney. But, he didn’t got response.
He want reported to the police. But, he afraid got sanction from superior. So that, he became ambivalent man.
He enforced made mistake the ethical code as state officer. But, corruption exposed when the local press published. Her boss has been prisoned to jail cause involved in the corruption scandal.
Anto has been interrogated by attorney. But, he didn’t followed her boss. He can be free cause he bribe prosecutor about 30 million rupiah.
Anto’s story is one of the fact showed about corruptions case in region, and tell us about prosecutors involved in corruption scandal.
In corruptions case, we knew if that crime not only founded in
The region autonomy more potencial for corruption, so that needed strategy to fight corruption until region.
We often listen information if corruption flowed to all
Zainal Arifin Muchtar, Executive Director of the Center for Anti-Corruption Studies University of Gajah Mada (Pukat UGM) explained, corruption case in region be growth used two methods, budjet state mark up and budget abuse.
The strategy fights of corruption in region failure. Several case showed prosecutor has stoped investigation without clear information.
Pukat UGM was control to 43 corruption matter that still and in jurisdiction process (July-September 2008), at center and region.
Handle takes proceedings corruption at region (and several at
And apparently, point out handle looks disparity takes proceedings corruption at region. The Regional Representatives Council (DPD) supporting KPK must to investigation graft case happened at several regions. DPD recomended eight corruptions must handle by KPK.
"DPD has selection report incoming DPD, there is eight cases, and we recommends KPK must followed up," say The Head of Eradiction Corruptions DPD Marwan Batubara in KPK'S building several last day.
From eight cases, four corruption founded at Papua. Corruption also founded at Bengkulu, North Sumatra, Southeast Sulawesi, and
Corruption modus abuse in Revenue Plan and Region Expense (APBD) abuse in the Regional Budgets, special fund for autonomy, and the category of management of non-taxable state funds (PNBP). Region’s corruption has made state’s loss until Rp8,5 billion and Rp50,39 billions.
Several last day, the tradition community from Papua (Kampak) urged KPK to expose corruption that involved several public official in Papua Government. Kampak mentioned several regent and regent former has involved in corruption scandal that made lost state budget until billion rupiah.
Kampak mentioned Klemen Tinal, the former of Mimika Regent has corruption region budget for Then Revenue Plan and Region Expense (APBD) and he has abused when used special fund for Papua autonomy. Kampak also said, Tinal has corruption royalty from
"Tinal must become a suspect,” said Papua Community When they protest in
They are Ones J Ramandey (The Waroepen Regent). Kampak predicted if Ramandey has graft bugjet state until Rp18,6 billion. Markus Wanma, the Raja Ampat regent also mentioned by Kampak as corruptor until Rp10,9 billions and involved in illegal mining case with the former Sorong Jhon Pit Wanane who has interrogated by Papua Police.
And then, Kampak also accused Albert Torey, the Teluk Wondama Regent has abused region budget until Rp68,97 billions, The Tolikara Regent Jhon Tabo about Rp2366 billions and the Boven Digoel Regent Yusak Yaluwo about Rp130 billions.
"KPK should catch them. They are curroptors suspect.”
Kampak also hope KPK more atensive to investigation the Papua special funds. Zainal deplored, if the prosecutors didn’t serieuse fight to corruption happened in regions. Investigation corruptions process slowly, and unclear.
He said, several corruptions case sentenced by prosecutors is not maximal and minimal verdict. "The court often decided only prisoned one years. That different if case corruptions handle by The Corruption Court that until five years jail minimal for corruptors.
Pukat monitoring during quarter 3, 2008, about 43 corruptions case is still judicial loading. Corruption scandal is dominant involved official in the region government, and they involved in budget state abuse.
From 43 case, about 30 official government involved in scandal, and 29 region legislative members also involved in corruption scandal.
10 corruptors from non government, former regents, governor, and legislative members, former silvan peripheral and headmaster each as much dua person.
"In the 3rd quarter period we can watch one governors, silvan peripheral also figure from social organization was concerned by corruption," said Zainal.
Modus corruption that flares up which budget abuse as much 32 cases and mark up's case or budget distension reaches six cases and three bribe cases.
Pukat also founded modus abuse licence dan manipulation in bid to tender winning each one cases.
That reality contradictif then corruption case already exposed last year. At 2008, a lot of budget abuse cases becomes modus happened at all region at Indonesian. The goods procurement sector, service and social assistance channelizing also gristle corruption.
"Bribe is interesting, even often happens, and we difficult to effort exposed because usually insider. Usually found case concerning price engineering that outgrows far above price substantive," he said.
Severally appends essential suspected complexs most just about assumption corruption lents fund for book at Regency Sleman, Yogyakarta with Ibnu Subianto, Sleman Regent who as suspect.
He sentenced as suspect on August 2008 eventually case it was go since 2004.
"Somebody that involved in this case until six committees acquisition book have found guilty by Sleman's state court," said Zainal.
Bad Governance
Corruption in government region happaned cause region government not yet implemented good government.
The Supreme Audit Agency (BPK) published financial report from central and region government be decrease, cause intern control are frail, and misunderstood about the law.
BPK exposed, management and responsible state budget in central about 152 object, and 301 object in region involved the regency-owned cooperatives agency (BUMD), and 12 object from government-owned corporations (BUMN).
Anwar Nasution, BPK Head said, the government needed made integrate program and must transparent and acuntabel used the budget state.
In central government, Nasution said, from 85 finacial report the department that has audit, BPK given better assessment (WTP or reasonable without exceptions) just for 16 ministry institution that gain little budget or about 12 percent from state budget.
BPK also gives disclaimer's estimation (Not Pass An Opinion / TMP) for 37 LKKL and Factious (TW) for 1 ministry/institute that gain control state budget greatest portion like Treasury Department, National Education Department, Health Department, Defense Department, etc.
In regency government, BPK’s opinion to finance report fo 2004 - 2007 period also dispointed. Only one percent, BPK gives better assessment to all the finance report of regency government (LKPD).
"It more seriues cause happened consistent for several last years. On 2004, 7 percent include in WTP category, and this range always descrease became five percents on 2005, and one percent on 2006 dan one percent on 2007," said Anwar.
Meanwhile, BPK also published bad LKPD involved in TMP category more increase. LKPD’s percentase hat got TMP opinion increase from only 2 percent on 2004 became 17 percent on 2007. and, then on the same period, LKPD got unreasonable opinion be increase from 4 percent became nine percent (51 LKPD).
BPK also decided many the management financial regency report is not true. BPK founded unclear land asset about Rp15,98 trillion, and responsible region expense inconclusively until Rp1,96 trillion.
Meanwhile lack or overload volume excess that adverse state as big as Rp77.39 billions. BPK also founded region government capital accompaniment inconclusively on BUMD about Rp446.94 billions.
BPK’s report to be facts if the regency government often not used good governance mechanism. They were not consistent to implemented transparent and responsibility when used state budget. They also distension lents fund project.
Bad Service
And more ironicaly, the regency government is not maximal given public service. Nada Fada Soraya, the Head of the Batam chapter of the Indonesian Chamber of Commerce and Industry (Kadinda Batam).
She is complaining about bad service organized by regional government institution. ”We are as usually faced the problems bureaucracy,” she said.
She remainded, if the government didn’t care about bureaucracy that can made economics wheels not be move.
“Batam be stagnant,” she said. According to Soraya, many bad regulation has published by Batam Government, that influent for labour, investment, and local economic.
That problems growth after autonomous region implemented by The Government of Kepulauan Riau and The Government Batam's City Governance. The bureaucracy be more complexes so that made high cost economie.
Soraya also explained if Batam made the mechanism of one's stops service (
Batam Government has implemented
Soraya deplored about Batam condition cause has became as transfix
MS Hidayat, The Chapter of the Indonesian Chamber of Commerce and Industry said, central and region government must pressured high economic cost, and give more easier for investment when they interest to investmen funds.
Asmawi Rewansyah, Managing Deputy from State Minister of Administrative Reforms said, that problems can answer used by the government administration regulation.
The government administration regulation can be internal control for government bureaucracy. Public refuse report can proposed to official who has been published administration policy. The administration government regulation therefore must more socialiszation to be as control mecanism for government.
M. Yamin Panca Setia
Photo: Tempo
Saturday, December 13, 2008
Lampung Coastal Has Been Destroyed
CAMANG hill located at Tanjang Gading, West Tanjung Karang, Bandarlampung was changed. Camang is not beautiful hill like several last years ago.
Bulldozers destroyed Camang’s hill face. For Gading residents, environmentally damage doing by PT Bukit Alam Surya (BAS), leaved havoc. They must suck thick dusts when dry season.
“We were congested our respiratory cavity,” said Fasni Bisno, the Gading resident. Meanwhile, resident’s houses flooded when wet. Beforehand, during for 14 years, they never experienced that problems. “Dredging just makes we were became misery,” Bisno’s complain.
Gading resident angry. On September 2003, BAS's camp around hill destroyed by them.
They also joined with several environment activists who included in The Coalition Conglomeration Teluk Lampung Coast (KP3TL) pressured Bandar Lampung Parliament to stop hill dreging. They also forced BAS must to end dreging activity.
But, not for long time, BAS dredging hill again. And, more ironically, the land dredged by BAS more than larger to Pidada hill located
When I walked around the hill, water from hill down and flooded road and entered several resident house. Kunyit Sukaraja hill and Sukamaju hill also dredging. Condition is not different with others. Mifhatul Hadi, Sukamaju Resident worried land hill can be sag.
“I afraid befall resident house,” he said. And more ironically, million tons land and gyps from has been dredging from hill used for stored up Teluk Lampung beach.
Accordingly, fisherman can’t catching fish cause beach was destroy now. “Our beach has destroy,” said Beach Panjang Fisherman Muhammad Yamin.
Fisherman very difficult to catch fish now. He said, since 1990 until now, about 80 percent fish was lost. ”Terumbu Karang that place flourish to fish was disturb cause conglomeration” he said.
The fisherman must looking for fish until Selat Sunda and Ujung Kulon for four days. Operational cost more than bigger. They need about 80 liter diesel fuel to turn on fisherman ship. “We need about more than Rp400 ribu go to sea, and that even can obviously payback. We seldom got a little fishs,” said Yamin.
Before dredging, oceanic water is clean and blue colour. The fisherman can more easier gotten fish. They were not necessarily looking for fish until Selat Sunda or Ujung Kolon. They were just used payang around beach, and they can got many fish. Beach area also formerly a lot of built by fieldsman charts. But now, no more charts on near beach.
Maznan, fisherman said, we are not free looking for fish cause often against with bodyguard corporate. “They were warned us looking for fish around conglomeration area,” he said.
They also imposes the tax to fisherman if want looking for fish around conglomeration area, “We must pay about Rp75 thousand for full day,” he said.
According to Maznan, fisherman just can catched fish around conglomeration area when holiday.
Hill dredging activity and beach conglomeration is constitute series of performing big project that named
In Bandar Lampung Municipality Government Regulation Number 4/2004 about Spatial Manner Plan and City Region Manner, beach reclaims project planned pile Teluk Lampung and coast area for along 18 kilometers and 100 meters. That project planned should be finish on 2015.
Reclamation project wants make
At beach coast area will build the center of urban area, dwelling area, public infrastructure, office, hotel, apartment, hotspot and others support facility.
But, project reclaims performed since 1983 not used environment aproach. Beach reclamation has destroyed beach aesthetic.
While I through reclamation area as much 5 kilometers, I founded mound hill. That so bad. Land conglomeration also made oceanic water be feculent.
Area becomes swampy and slippery when rain. Conglomeration perfunctorily that was imbricate beach bounds around 500 meters. Terumbu Karang dashed cause most agglomeration millions soiled tons and stone of hills. Undiscovered ecosistem sea around beach.
Dr Gregorius Nugroho Susanto, sea ecosystem expert from
Used by gyps, therefore made water quality be lost cause colaboration with calcium and others element so made hydrogen capacity and water salt rate be damage.
And then, he mentioned, terumbu karang is very important to safe food chain process fluency for sea ecosystem.
“Plangton as fish meals of anchovy can amends at beach area that there are many terumbu karang," he explain. And the
n, that can ascendant on sea ecosystem.
Herza Yulianto, Coordinator of KP3TL said, beach water quality damage because intermingled gyps and stone from the hill. Water oxygen content be decrease cause leach limestone at oceanic water and gyps as slime pap. That slime up to vicinity high about 0,5 meters.
“That condition threaten sea ecosystem," he explicit. He added, reclamation supposed didn’t evoke mud explosion and mud wave. Mud explosion appearanced it slime on surface farm reclaims, cause utilized as clay that really soft, with sizable thickness.
Then, that slime precipitate in water made demage water sea that beget oceanic water becomes feculent.
According to Yulianto, reverential slime flow cause mud wave, which is conglomeration process is not proportional so mud wave happening under farm reclaims.
“If happening, its very difficult to repair. In consequence, I think more better if we tried avoids instead than repair,” said Yulianto.
Others impact, Gregorius added, beach reclamation, made abrasion to others beach. For example, abrasion at East Lampung beach cause conglomeration land
That can be happen cause so larger area beach has been dredging can make million cubic water be overflow to mainland and made abrasion impact to others beach.
Reclamation consept from the Bandar Lampung municipality government, said Gregorius, very dangerous for enviroment beach. The municipality government have not strategy to anticipate abrasion cause water volume increased after conglomeration.
That methode also made trivialisation. The Lampung duty Transportation Departement For example,
Beach around
Process of reclaiming land from the sea by piling up earth also make water sea be overflow and flowed flooded several resident house who leave not far from estuary.
To repair environment damage need big cost and long time. “Environment damage repair also must natural,” said Gregorius. Moreover, Environment damage in Teluk Lampung also cause industrial and domestic pollution, and pollution from oil ships.
He recommended, reclamation project must review, used environment approach. The
Conglomeration also not for all beach area. The reclaims concept must have provide beach area that becomes sea ecosystem conservation place . “That can enables for sea ecosystem can growth ,” Gregorius said.
Teluk Lampung reclaims concept not give area for conservation. Conglomeration also distance 500 meters of beach boundses.
According to Gregorius, that can be trouble on tidal area. So, not just damage system beach changed, but also be negative impact divides system at deep oceanic. 
“I also see no retaining dam,” said Gregorius. He recommended made dam for pile limitation so not influential oceanic ecosystem.
Dam development shall drawn round area who will be reclaimed. And then, material for reclamation diffused at all farm who will reclaim.
Bandar Lampung municipality government ambition in the big project also condemn resident that leave at area beach, like Teluk Betung Barat, Teluk Betung Selatan and Pajang. The project to develop dream city made loss 20 thousands people who leave at that area. Armen Yasser, Law Observer from
He said, not reason for Bandar Lampung Municipality Government to condemn resident house cause they have land certificate, documents that law fact to leave at beach area.
But, several resident not have land certificate. But, from Armen’s research, fisherman whose leaved at beach area already leaved since 1960. That means, they have rights to leave and stay at that area.
Armen also explained, The Bandar Lampung municipality government regulation Number 4/2004 also troublous. “That regulation can snipp off cause a fault procedure,” he said.
Armen said, that regulation made not used environment impact research. From the Lampung Institutional Environment Control, that area have been polluted since 1990. “But, conglomeration is not stoped until now,” said Armen.
He said, negative impact must anticipate early. Armen assesed, reclamation project only used for several interested parties. “Reclamation in the Teluk Lampung just made really advantage for government and private,” he said.
They get income from reclamation land sell to property investation, infrastructure, tax, and economic business. “But, how about thousands fishermen fate.”
The Bandar Lampung municipality government also promise to relocate fisherman leave at Gubuk Sero, Ujung Bom, Sukaraja to Lempasing. They got Rp750 thousand for each. Relocate area also near sea.
But, fishermans refused. They were hold out and didn’t want relocate to new place. “We didn’t want move,” said Yamin.
Relocation is not good solution. Beforehand, the municipality government also relocate Fisherman from Gudang Lelang to Lempasing. But, they needed long time to adaption with new place. Moreover, from Mitra Bentala’s reseach, fisherman walfare more decrease than when they leaved at Gudang Lelang.
M. Yamin Panca Setia
Photo: Yamin and Tempo’s collection
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