[Kabar-indonesia] Indo News - 2/22/06 (Part 2 of 2)

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- Bankers cleared of graft charges
- Court a 'graveyard' for antigraft efforts
- Floods, Mudslide Kill 11 in North Sulawesi, Indonesia
- Landslides, flash floods kill 32 in eastern Indonesia
- Second militant jailed for life in Indonesia over Maluka bar attack
- Naulu tribal sacrifice, a legal challenge to the government
- Political post for East Timor accused
- Crimes will go to trial, Timor Leste prosecutor says
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Sydney Morning Herald
Bankers cleared of graft charges
By Mark Forbes Herald Correspondent in Jakarta
February 21, 2006

The man once known as Indonesia's most powerful banker has been acquitted
of graft charges in a blow to President Susilo Bambang Yudhoyono's
crackdown on corruption.

Before his fall from grace, Edward Neloe headed the state-owned Bank
Mandiri, the country's largest lender. He was arrested last year during a
continuing inquiry into $1.5 billion in non-performing loans made to the
business and political elite.

South Jakarta District Court yesterday acquitted Mr Neloe and two former
bank directors, Wayan Pugeg and Sholeh Tasripan, of charges that they
caused losses to the state of $22 million over a failed loan to a hotel
developer.

Prosecutors had demanded 20-year sentences for all three, saying they
enriched themselves or others by granting loans to a private company
without properly examining its bona fides or ensuring it would be able to
repay.

The three argued the loan - which technically remains on the bank's books
- had not resulted in a loss to the state. Legal experts said Indonesia's
complex anti-corruption laws made obtaining convictions difficult.

Analysts said Mr Neloe could have faced far more serious charges, and with
the investigation continuing it remains possible that further charges
could be laid.

Dr Yudhoyono took power in October 2004 promising to wage war on endemic
graft.

This month the minister of religion until 2004, Said Agil Munawar, was
sentenced to five years' jail for his role in siphoning off funds intended
to send pilgrims to Mecca.

Last year the chairman of the national electoral commission was jailed for
seven years over kickbacks received from suppliers of materials for the
2004 poll.
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The Jakarta Post.com
National News
February 22, 2006
Court a 'graveyard' for antigraft efforts
The Jakarta Post, Jakarta

The South Jakarta District Court is coming under increasing fire from
officials and legal activists for its many questionable acquittals of
high-profile graft suspects.

Activists branded the court Tuesday a "graveyard" for justice, after its
latest verdict exonerating former president of state-owned Bank Mandiri
ECW Neloe and two other former directors, I Wayan Pugeg and M. Soleh
Tasripan in a corruption scam.

The court found the three not guilty Monday of corruption in the
disbursement of a Rp 165 billion (US$18.5 million) loan from the bank to
PT Cipta Graha Nusantara. Prosecutors had sought 20 years for the men.

"This acquittal increasingly strengthens the image of the South Jakarta
Court as a graveyard for efforts to combat corruption," Indonesia
Corruption Watch deputy coordinator Danang Widoyoko told Antara.

Danang said the judges' decision to acquit the three because their lending
had incurred no losses to the state was "extremely illogical". The judges
ignored the fact that the loan later turned into a bad debt in 2002, he
said.

Attorney General Abdul Rahman Saleh said he was not surprised by the
acquittal of the three former directors. The South Jakarta District Court
was "notorious" for its many controversial verdicts involving big-time
graft suspects, he said.

The AGO would soon appeal the verdict to the Supreme Court, spokesman
Mashyudi Ridwan announced.

Judicial Commission chairman Busyro Muqoddas said he planned to summon the
panel of judges led by Gatot Suharto to look into whether the judges had
violated their code of ethics when releasing the men.

However, he said his commission would first examine the verdict before
summoning the judges.

The controversial acquittal also drew a reaction from President Susilo
Bambang Yudhoyono, who asked the court to explain its verdict to the
public.

Responding to the call, new South Jakarta District Court chief judge Andi
Samsan Nganro said the public scrutiny of the verdict was a healthy,
positive response. "We will open public access to all verdicts the court
has and will hand down," he told The Jakarta Post on his first day of
work.

"The transparency and public supervision of all trials is absolutely
necessary to restore the court's tarnished image."

He said improving the court's image would be his biggest challenge.

Andi said he had met the panel of judges who tried the case to seek a
legal explanation for the acquittals.

"I will first learn about the case and the verdict before deciding whether
there is a need to set up a special team to look into it."

Andi replaced the court's former chief Sudarto, who was promoted to a
senior judge in the Denpasar High Court in Bali.

Quoting the statements by the panel of judges, Andi said there was no
legal requirement the judges must punish the three defendants.

"Three key elements that must be fulfilled in corruption charges have not
been met. Referring to Law No. 31/1999 on corruption, the three breached
standard procedures because they approved the disbursement of a loan for a
private company without any feasibility study. However, there was no
evidence that the approval enriched (the judges), or others, and it did
not cause any material losses to the state," he said.

"Nor was the credit problematic because the company (Cipta Graha) had no
financial problems repaying the loan to the bank," Andi said.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
CRIENGLISH.com
Floods, Mudslide Kill 11 in North Sulawesi, Indonesia
2006-02-21 02:05:45

Floods and a mudslides that hit Indonesia's North Sulawesi province in the
past week have killed 11 persons and left four others missing.

The victims were residents of Manado city and Minahasa district, Antara
news agency quoted a spokesperson of the North Sulawesi administration
Aneke Rondonuwu as saying on Monday.

The mudslides which struck Suluun village, Minahasa, on Feb. 13, killed a
family of three.

Meanwhile, the floods on the same day caused the Sario river inManado and
Ranowangko river in Minahasa district to overflow. Theywashed away seven
people -- three were killed and four were missing.

The mudslide which occurred in Manado, capital of the province, on Feb.
19, killed five people.

North Sulawesi Governor Sarundayang has instructed his staff to
immediately send emergency relief such as food and medicines to victims of
the disasters.

The floods and mudslide also injured some people and destroyed a number of
bridges, roads and houses, said Aneke Rondoduwu.
-- (Source: Xinhua)
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Landslides, flash floods kill 32 in eastern Indonesia
Deutsche Presse Agentur (DPA)
22 Feb 2006

Landslides and flash floods swept through villages in the eastern
Indonesian city of Manado, killing at least 32 people and injuring dozens
of others, officials and local media reports said Wednesday.

The landslide, triggered by several hours of torrential rain, buried a
number of houses at three different locations in Manado, the provincial
capital of North Sulawesi, about 2,400 kilometres northeast of Jakarta, on
late Tuesday afternoon, the state-run Antara news agency reported.

Yan Supit, an official at Manado's local social affairs office said the
latest landslides stem from floods on February 13 that inundated thousands
of homes in the city's low lying areas and claimed the lives of eight
people.

Tuesday's landslides buried dozens of homes at three different locations,
leaving at least 32 people dead, Supit told Deutsche Presse-Agentur dpa in
a telephone interview.

Hundreds of homes and other buildings, bridges as well as hectares of
farmland were either swept away or heavily damaged due to the rain and
flooding.

Dozens of people were injured and brought to several hospitals for
treatment, while thousands of other residents were evacuated into
temporary shelters at mosques, churches and school buildings, said Supit.

North Sulawesi Governor Sinyo Harry Sarundajang blamed human factors
behind the landslides and floods, urging the local community to stop
carrying out illegal logging activities on nearby hillsides.

Sarundajang also urged residents living on slopes and in mountainous area,
as well as people living on the river banks, to temporarily flee their
homes in anticipation of more floods.

In early January, landslides and flash floods which swept through several
villages in Central and East Java provinces killed more than 120 people
and injured dozens of others. Hundreds of homes were destroyed and
thousands of villagers left homeless.

Environmentalists have blamed massive deforestation from illegal logging
as the cause of the flash floods and landslides in various region in
Indonesia.
-- dpa sh pw
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ABC Asia Pacific TV / Radio Australia
Second militant jailed for life in Indonesia over Maluka bar attack
20/02/2006 22:55:52 AEST

An Indonesian court has sentenced a second militant to life in jail for
terrorism linked to a deadly attack on a karaoke bar in the restive
province of Maluku in 2004.

Judges at Ambon district court sentenced Idim Amin Tabrani Pattimura,
alias Ongen, to life for carrying out an attack on the bar at Hative
Besar, near the provincial capital of Ambon, which killed three.

Ongen, a former political science student at the State Institute for
Islamic Studies, immediately filed an appeal.

A separate panel of judges at the same court also sentenced Muthalib Patty
to 15 years in jail for his involvement in the attack.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Jakarta Post.com
Features
February 20, 2006
Naulu tribal sacrifice, a legal challenge to the government
M. Azis Tunny, The Jakarta Post, Ambon

In modern times, when there is no more isolation from civilization, the
indigenous tribal community of Naulu in the interior of Seram island,
Maluku, continues to practice a unique tradition of barbaric times,
grossly opposed to legal norms in all parts of the world.

It is the tradition of decapitation as a sacrifice prior to a custom
ritual, which is considered compulsory by a segment of the Nauli people.
The belief goes beyond logic, as they are convinced that unless human
heads are offered, a blight or misfortune will befall them.

The tribe, whose male members wear red headcloths, live in colonies in
Seram's remote region and follow their ancestors' mystical creed. Hunting
and farming for survival, they inhabit five hamlets on the islands: Nuane,
Bonara, Naulu Lama, Hauwalan and Rohua.

In July 2005, the discovery of two mutilated men caused a stir in Masohi,
Amahai district, Central Maluku regency. Bonefer Nuniary and Brusly
Lakrane were victims of the Naulu traditional sacrifice required before a
custom ritual to mark the repair of an ancestral building of the tribe's
Sounawe clan. The heads offered are believed to guard the revered clan
house.

Apart from the heads, the other parts taken from the victims' bodies were
their hearts, tongues and fingers. The rest of the bodies were floated
down the Ruata River, not far from the Naulu community's Nuane hamlet.

As a consequence, three members of Naulu's least developed community in
Seram, Patti Sounawe, Nusy Sounawe and Sekeranane Soumorry, were sentenced
to death by a court in Masohi. Three others, Saniayu Sounawe, Tohonu
Somory and Sumon Sounawe, got life. These perpetrators were found guilty
of premeditated murder as specified in the Criminal Code.

The chief of the Nuane community, Sahune Matoke, said his members had
committed the act out of ignorance of Indonesian laws. They were motivated
by the belief that performing the customary ritual was a sacred mission.
"They had no idea of any punishment for such a killing," Sahune told The
Jakarta Post in Ambon.

The beheading was not the first such incident. In the 1990s, three Naulu
tribesmen of the same community received 17 years in prison for the same
crime. The victims, two people hunting in the forest, were killed and
decapitated for a ritual.

"We don't understand the law. I did brief locals when the previous
incident occurred, but the attempt failed because they thought we were
equal in this case. Besides, there has been no government intervention to
provide them with proper direction," Sahune said.

According to him, the tradition of decapitation began during tribal wars
on the island centuries ago, when the law of the jungle prevailed. A king
would demand his prospective son-in-law to show his heroism and
masculinity by offering human heads as a dowry.

"Our custom does not teach this but the war tradition has made it a
precondition for a ritual involving a clan house repair or replacement. It
is believed that without the offering, illness or death will ensue," he
explained.

Samson Tahapary, a lawyer filing an appeal in the Naulu mutilation case,
questioned the failure of the state to seriously respond to the Naulu
tradition. Decapitation has been practiced repeatedly without any attempt
by the government to educate the Naulu.

"The government knows of the unlawful tradition but no action has been
taken to make the Naulu people understand the law," Samson said.

He added that the court verdicts took no account of nonjudicial factors.
"The judges' decision will not be a means to increase my clients'
awareness and provide further guidance. So I'm filing an appeal for proper
consideration of nonjudicial matters before passing a verdict," he
declared.

Stanley Mailissa, the other attorney in the appeal process for the six
Naulu defendants, said priority would be given to the three clients facing
capital punishment. "We will seek justice by questioning the severe
sentence, which is legal discrimination. They killed people because of
ignorance of the legal consequences."

Describing the innocence of his clients, he recounted a court session.
"When the judge asked the defendants about their feelings in the killing,
two of them surprisingly revealed their pride. That indicates their
ignorance. They even assured the judge that they could have become ill or
died without offering the human heads," Stenley said.

Therefore, he hoped the judges hearing the appeal would not treat his
clients like they would other convicts in more modern and educated
societies.

The Naulu people's skills and knowledge have nothing to do with legal and
social affairs. "What they know are just hunting and farming," he
concluded.

Sahune also acknowledged this backwardness. Nuane, with its 525 families,
or around 900 people, has never been touched by development. Ironically,
some two kilometers from this village a local transmigration settlement
has been set up for 10 years now, with roads, schools and electricity. "We
have had no roads and power supply for centuries," he remarked.

In addition, the mystical faith embraced by locals makes it difficult to
seek jobs and even secure identity cards. So far, only one Naulu person
has gone to university, the College of Social and Political Sciences in
Masohi, Central Maluku, and five others have graduated from high school.
"Moreover, our elders deem it useless to send children to school unless
they can work in government offices without any religious hurdles," he
added.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
The Australian
Political post for East Timor accused
Sian Powell, Jakarta correspondent
February 23, 2006

Indicted for crimes against humanity by Indonesia and East Timor, feared
militia leader Eurico Guterres has now been elected regional chairman of
one of Indonesia's larger political parties.

Guterres, previously associated with Indonesia's two main parties - Golkar
and the Democratic Party of Struggle - will head the National Mandate
Party's (PAN) East Nusa Tenggara chapter, which takes in West Timor.

A nationalist hero to some prominent Indonesians, the 34- year-old, who
has so far evaded jail, said his conviction for war crimes was "no
problem".

"There's no connection with me becoming the leader of the party," he told
The Australian yesterday, adding that he had always supported PAN.

Guterres led the Aitarak militia based in Dili, East Timor, in 1999 and
publicly incited his followers to kill independence supporters. His orders
were followed with relish, and immediately after his speech at a
pro-autonomy rally, he led his gang to attack the house of
pro-independence leader Manuel Carrascalao. Twelve people were killed,
including Carrascalao's 17-year-old son.

Convicted by the ad hoc tribunal Indonesia established after intense
international pressure, Guterres was sentenced to 10 years in prison. On
appeal, this was reduced to five years. A second appeal to Indonesia's
Supreme Court has been pending for 20 months, while Guterres has been free
in Indonesia. The native East Timorese was also indicted for crimes
against humanity by the UN-backed Serious Crimes Unit in East Timor.

As chief of one of the most savage militias in East Timor, Guterres was
directly involved in the carnage before and after the independence ballot.
More than 1500 East Timorese died in the violence, towns were razed and as
many as 250,000 people were forcibly transported to Indonesia.

The militia leaders fled across the border. None of them have been
punished for the crimes of 1999, and many, like Guterres, have forged new
lives.

In 2001, Foreign Minister Alexander Downer said Indonesia should move
"quickly and decisively against Guterres".

"As I have made clear previously, Guterres is one of the most prominent
and notorious of the militia leaders," he said.

"We are deeply disappointed that he has not been brought to justice for
his involvement in the human rights abuses that occurred in East Timor."

Nearly six years after the carnage, Guterres has not served a prison term,
and he has the support of leading Indonesian politicians, especially those
in PAN.

One of Indonesia's larger political parties, with 10 per cent of the seats
in the House of Representatives, PAN was for a long time led by the highly
respected politician Amien Rais, once the speaker of the national
parliament and a former presidential contender. Guterres has said that Mr
Rais personally invited him to join PAN.

PAN executive Muhammad Najib said Guterres's conviction was irrelevant.
"That case is outside our authority, it's the business of the Government,"
he said. "If later he is found guilty (by the Supreme Court) we will study
the case, and there are concrete rules for that."
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The Jakarta Post.com
National News
February 22, 2006
Crimes will go to trial, Timor Leste prosecutor says
Tiarma Siboro, The Jakarta Post, Timor-Leste

Prosecutions of crimes against humanity in Timor Leste will not be
affected by the diplomatic approach taken by the country and Indonesia,
Timor Leste's general prosecutor says.

Longinos Monteiro's remarks followed a closed-door meeting with the
Commission for Truth and Friendship. The team was established by Indonesia
and Timor Leste to investigate alleged human rights abuses that took place
around the 1999 UN-backed referendum for independence in Indonesia's
former province.

"Monteiro told us that the commission and the prosecutors in Timor Leste
are playing different roles in dealing with alleged rights abuses. We
believe that he (Monteiro) is right because the commission has been
mandated not to interfere into the ongoing legal process here," Timorese
commission member Cirilo J. Cristovao told The Jakarta Post soon after the
meeting Monday.

The commission is on its first visit to the new nation after it was
created Aug. 11, 2005.

President Susilo Bambang Yudhoyono and Timor Leste President Xanana Gusmao
have said they will work toward reconciliation rather than prosecute those
believed to be the masterminds of the gross human rights violations.

Any prosecutions could involve bringing high-ranking Indonesian Military
officers to an international tribunal, as activists have suggested.

Monteiro leads the prosecution team of the UN-sanctioned Serious Crimes
Unit, which deals with alleged crimes against humanity.

Cristovao said the general prosecutor had so far handed more than 86 cases
involving pro-Jakarta militiamen to Timor Leste's special panel for
serious crimes.

Eighty-three of the 86 cases have been legally processed.

The prosecutors, however, did not submit cases against several Indonesian
Military figures because "they reside outside of our jurisdiction".

Cristovao said the commission would review all the legal documents issued
by Timor Leste's serious crime unit.

"Similarly, we have already reviewed all the legal documents issued by
Indonesia's prosecutors and ad hoc human rights tribunals," he said.

He said the commission's mandate only enabled it to give recommendations
to both administrations, "and let them deal with the cases with regards to
their own national legal systems".

In 2002, Monteiro indicted and issued arrest warrants for several
Indonesian generals, including former Indonesian armed forces chief Gen.
(ret) Wiranto and former martial law commander Maj. Gen. (ret) Kiki
Syahnakrie.

Syahnakrie was assigned to stop the widespread violence, looting and
destruction of buildings by pro-Indonesian militias shortly after the
independence supporters won the referendum. However, there is evidence TNI
troops took part in the violence.