postscript vol.x, no.2, march-april 2013

7/28/2019 PostScript Vol.X, No.2, March-April 2013

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WHEREFORE ART THOU THE STATE?

Vol.IX, No. 5, September-October 2012

Highschools Final Tests Scandal

Wherefore Art Thou The State?

Violence Between Security Forces

Vol.X, No.2, March-April 2013


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Publisher: A. Watik Pratiknya, Co-editors: Andi Makmur Makka, Dewi Fortuna Anwar, Chief Editor: Siti Zuhro, Executive Editor: Mustofa Kamil

Ridwan, Editors: Andrinof Chaniago, Rahimah Abdulrahim, Assistant Editor: Wenny Pahlemy, Copy Editor: Ibrahim Al Muttaqi, Secretary & Layout:Aryati Dewi Hadin, Circulation & Production: Ghazali H. Moesa, Address: The Habibie Center, Jl. Kemang Selatan No. 98, Jakarta 12560,Indonesia, Tel. (62-21) 781 7211, Fax. (62-21) 781 7212, [email protected], www.habibiecenter.or.id- No. ISSN 2087-1619

PostScript is published bimonthly by The Habibie Center. @2012 by The Habibie Center. All Rights reserved. Unless stated otherwise, all views

expressed in PostScript reect the views of the editorial staff. Inquiries on circulation and editorial correspondence should be addressed toPostScript editors.

Comments come ooding to the Ministry of Education these days,

mostly criticizing the utterly unreasonable delay of the nal

tests for senior high schools, including the Senior Madrasahs

(Madrasah Aliyah --MANs) and the Vocational Schools (Sekolah

Menengah KejuruanSMK) which must have been held from March 15 to 18,

2013. The delay mainly affected 11 provinces. It means that those provinces

had to postpone the nal tests at least twice. The reason for the delay was that

one of the printing companies, Ghalia Printing could not complete in time its

task of printing the test materials after it had won the auction.

The excuse of the President Director of Ghalia was that it could not overcome

the difculties of both printing the materials and the hardship of sending the

printed materials to remote places in the 11 provinces. Even with the help of

the police and the military (the Air Force lent their giant C-130s) the nal tests

still had to be postponed in those provinces; in some places the postponement

had to even be re-postponed. Finally, with the delays here and there lasting

from either one to a few days, the tests were completed.

People of course are mad at the delays because there were no such incidents

with previous nal tests, even though the problems were almost the same.

Highschools

Final Tests Scandal


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People are of course asking Why? Moreover, the quality of the answering

papers were so bad that they were easily torn if the students had to erase their

answers and wanted to replace them with other choices of answer.

No less scandalous was the junior high school nal test which was carried out

a few days later. The problem lay not in the delay of the procurement of test

materials but in the testing process, during which many schools were suspected

of letting the participants unfairly copy each others answers, openly in front

of the inspectors who pretended to be unaware of the wrongdoing. People

suspected that the schools were unethically endeavoring for their students to

obtain a 100 percent pass for the nal test. And, as one teacher said once,

making a 100 percent pass is easy.

Their excuse was that the standard of the passing grade was too high, even

for the big city students, let alone students in the small towns and rural areas,

and the government had generalized the level of education at the cities and

the rural areas where the difculties in carrying out education, especially in

getting teachers wiling to be stationed in remote areas is much bigger; the main

problems lies in the transportation and communication. These are what had

made the test materials came late, and, in many places they came incomplete.

It means the materials had to be photocopied but in rural areas there are few

photocopy shops.

So, for the senior as well as junior high school nal tests, the possible leak is

quite real. Even a few days prior to the junior high school test, test answers

had been distributed in some places; with a payment, expensive, of course.

Minister of Education and Culture, Mohammad Nuh, the man accountable for

the jumble mumble, has no other choice than to conduct an investigation to

nd the root of the chaos, identify who the culprits are, and to nd solutions.

He should also let other parties conduct investigations. The BPK (the nancial

examining agency ) has also resolved to make an audit of the nal tests

funding, for many circles are suspected of possible corruption. Why, for

instance, did the Ghalia Printing company win the deal through the auction

when the price it offered was higher, not lower than other bidders? From six

printing companies which won the auction, there were two which ran into


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problems. The other four were no problem. Other institutions which are ready

to make investigations are the Corruption Eradication Commission (KPK) and

the Police.

Many people have urged President Susilo Bambang Yudhoyono to re the

Minister of Education and Culture for this unforgiveable jumble mumble. But,

for the Minister himself, he has said that it is up to the President to decide the

continuation of his position as Minister or not. It is impossible for him to resign,

he said, for he was appointed by the president. Investigation is still going on,

but the Rector Forum, an association of rectors of several universities, has said

that the rectors will accept the result of the senior high school nal test.

There is still one more nal test, the elementary school level. People are

waiting for it to see whether or not it will go as it should be or faces the same

fate to the other two tests. Looking into the chaotic tests, people can only

scratch their heads in confusion; are these really the students who will inherit

this nation and continue the building of a nation called Indonesia?

Of course, not all students are scandalous and seek the easiest way to pass

their tests. There are still a lot more that have high integrity and try their best

to pass their tests honestly. Indonesians have to be optimistic for the future

of this nation. Indonesia can count on them as the successors of the present

generation.

-oooOooo-


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The month of March was a strange month for the State.

For example, on March 25 Indonesians woke up to the prospect of

a much-rumoured coup dtat against the Government. A few days

before in an unrelated incident on March 21, the State Secretariat

building located next to the State Palace caught re, badly damaging the

third oor. Fortunately, those two events turned out to be either (a) imagined,

in the case of the coup rumours or (b) purely accidental in the case of the re

at the State Secretariat. Despite this, there were other serious and even deadly

cases involving the State in that month.

In particular, on March 23 four inmates in Cebongan Prison, Sleman,

Yogyakarta were slayed by unknown armed assailants in an incident President

Yudhoyono described as a direct attack against state authority. In addition,

a police chief in Simalungun, North Sumatra was killed by villagers after he

conducted a raid with three of his men against a gambling den. On the southern

side of the Sumatran island, a police headquarters was burnt down in Ogan

Komering Ulu, Baturaja following a clash between the police and soldiers. In

the three cases just highlighted, unknown assailants, local villagers and even

state apparatuses employed illegitimate uses of physical force in deance of

the State. If we take the Weberian denition of the State as a body having

Wherefore Art Thou

The State?

Ibrahim Al-Muttaqi,

ASEAN Studies Program Ofcer, The Habibie Center


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a monopoly on the legitimate use of physical force in a given territory, the

question the above cases raises is: Wherefore art thou the State?

Whilst it is difcult to reach a one-size-ts-all answer (nor is it entirely

desirable for that matter), this article would like to consider one explanation it

feels to be at the heart of the matter. Namely, that it is the State, to some extent,

that has undermined itself. Among the three branches of the Government that

make up the State - the Executive, the Legislative and the Judiciary there

is a certain decit when it comes to placing the interests of the State rst and

foremost.

In the case of the Executive, for example, there has been much public discussion

(and concern) about the appointment of Susilo Bambang Yudhoyono as party

chairman of Partai Demokrat. A recent survey found 77.4% of respondents

were against the Presidents assumption of the party chairmanship and many

critics have questioned whether it was appropriate for Yudhoyono to attempt

to balance his duty as President of the Republic of Indonesia with his new

role as chairman of Partai Demokrat. It should be remembered that as part of

the Presidential Oath, Yudhoyono swore to devote myself to the service of

Country and Nation. It would seem that the interests of the party are just as

important as those of the State.

In the case of the Legislative, there is perhaps nothing that can be said that

Indonesians are not already aware of. At a recent closed discussion held by The

Habibie Center and the International Institute for Sustainable Development in

Jakarta, reference was made to Indonesias imperfect political institutional

design that consequently led to political parties espousing populist policies

aimed at serving their own political/electoral interests rather than that of the

State. For example, though nearly all political parties agreed raising the price

of subsidised fuel was in the best interest of the State (given the ballooning

costs it places on the State Budget), the most recent attempt to do so last yearduring a plenary session at the House of Representative saw all but one party

approve the Governments proposals to hike the price of fuel. As was heard

during the closed discussion, the parliamentary discourse had been reduced

to an articial pro-people vs anti-people debate aimed more at winning

electoral support than addressing the States heavy burden of fuel subsidies.


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For the month of March, lawmakers announced their plan to conduct study

trips to Europe as part of its efforts to revise the Criminal Code Law including

the addition of articles that would outlaw witchcraft. Beyond the nonsensical

claim that such a trip was justied given Europes many experiences of

witchcraft case, it is also estimated to cost the State as much as Rp 6.5 billion.

Lastly with the Judiciary, Indonesians are well aware of the Judicial Maa that

plagues the legal system. Moreover on March 23, a Bandung District Court

judge was arrested by the Corruption Eradication Commission (KPK) after

he was allegedly caught accepting bribes worth Rp 150 million. For some, it

would seem, personal prots take precedent over the interest of the State.

It is perhaps unfair to use these examples to taint the many good work done by

the three branches of the Government in the name of the State. Though greater

research, time and money are needed for a more substantive argument, a case

can be made nonetheless that such incidents do play a role in undermining the

authority of the State. Is it any surprise that a Mayor in Bogor can publicly defy

a Supreme Court ruling that granted a building permit to a church in Bogor,

West Java that the Mayor had previously revoked? Is it any wonder that the

regional government in Aceh is attempting to install a former separatist ag as

its provincial symbol against the will of the Government and the terms of the

Helsinki Peace Agreement? Is it any shock that unknown assailants, villagers

and even state apparatuses dare act against the State?

Following the month of March when it appeared the State came under

increasing assault, it is high time for some soul-searching among the three

branches of the Government. The interests of the State and Nation must be

placed rst and foremost, all the time, every time. It is up to all components

of the State, in particular the Government to set the example for all of us to

follow. It is also up to us to constantly ask the question Wherefore art thou

the state? to remind the three branches of the Government of their duty toserve the State and Nation.

-oooOooo-


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End Note

1Kompas (2013, March 25). Presiden Terbukti Berlebihan Soal Kudeta.

Retrieved from http://nasional.kompas.com/read/2013/03/25/22144942/

Presiden.Terbukti.Berlebihan.soal.Kudeta

2Tempo (2013, March 21). Kronologi Kebakaran Gedung Sekretariat Negara.

Retrieved from http://www.tempo.co/read/news/2013/03/21/083468551/

Kronologi-Kebakaran-Gedung-Sekretariat-Negara

3Liputan 6 (2013, March 26). SBY Anggap Penyerangan Lapas Sleman

Serangan Atas Wibawa Negara. Retrieved from http://news.liputan6.com/

read/545146/sby-anggap-penyerangan-lapas-sleman-serangan-atas-wibawa-

negara4DetikNews (2013, March 28). 103 Warga Ditangkap Terkait Penganiayaan

Kapolsek Hingga Tewas. Retrieved from http://news.detik.com/

read/2013/03/28/122750/2206074/10/103-warga-ditangkap-terkait-

penganiayaan-kapolsek-hingga-tewas?9922032

5Okezone (2013, March 10). Faktor Penyebab Pembakaran Mapolres OKU.

Retrieved from http://news.okezone.com/read/2013/03/10/339/773614/

faktor-penyebab-pembakaran-mapolres-oku

6DetikNews (2013, March 29). Survei LSN: 77,4% Responden Tak Setuju

SBY Jadi Ketum PD. Retrieved from http://news.detik.com/read/2013/03/29

/142906/2206867/10/survei-lsn-774-responden-tak-setuju-sby-jadi-ketum-pd

7The Habibie Center and IISD (International Institute for Sustainable

Development) Closed Discussion on Mencari Kesamaan Pemahaman

Mengenai Subsidi BBM held at Atlet Century Hotel, Jakarta on March 21,

2013.

8Kompas (2013, March 23). Permadi: Soal Santet, DPR Tak Perlu Keluar Negeri.

Retrieved from http://nasional.kompas.com/read/2013/03/23/13371310/

Permadi.Soal.Santet.DPR.Tak.Perlu.Keluar.Negeri?utm_source=WP&utm_

medium=box&utm_campaign=Kknwp

9Liputan 6 (2013, March 22). Gerindra Tak Ikut Berguru Santet ke Eropa.


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10Retrieved from http://news.liputan6.com/read/542188/gerindra-tak-ikut-

berguru-santet-ke-eropa

11Kompas (2013, March 22). KPK Amankan RP 150 Juta dari Tangkap

Tangan Hakim Setyabudi. Retrieved from http://nasional.kompas.com/

read/2013/03/22/16590448/KPK.Amankan.Rp150.Juta.dari.Tangkap.

Tangan.Hakim.Setyabudi


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The appearance of cases of clashes between the security forces has

grabbed the publics attentions. A recent clash occurred between

members of the National Police and personnel from the Indonesian

Military in Ogan Komering Ulu Regency (OKU), South Sumatra.

Dozens of member from the Indonesian Militarys Yon Armed (Field Artillery

Battalion) attacked a police headquarters in Baturaja, OKU in early March of

this year. The militarys attack was in retaliation for the shooting of a soldier by

trafc police. A fatal shooting that killed the soldier triggered brutal response

from his fellow soldiers. A clash caused at least ve injuries consisting ofpolice ofcers and one. Moreover, two local police headquarters in Baturaja,

OKU were also damaged by the soldiers.

This case remains in the public as part of a series of violent incidents between

the Indonesian Military and the National Police. An example included a clash

that occurred between members from Brigade Mobil--Brimob (Police Mobile

Brigade) and personnel from Infantry 211 (Army Strategic Reserve Command)

in Gorontalo, in 2012. The clash was in revenge for the throwing of stones

against members of Brimob by military personnel when they were conductingroutine patrol in Limboto, Gorontalo. This incident caused a soldier to die,

allegedly shot by members of Brimob. Furthermore, some members from

the security forces were injured in this incident. Some members of Brimob

have undergone judicial process for their allegedly involvement in the attacks

against the soldiers.

Violence Between

Security Forces

Sopar Peranto,

Junior Analyst for NVMS-THC Program


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Historically, violence between the National Police and the Indonesian

Military has been occurring since the Reform era in Indonesia. The rivalry

between the two institutions emerged in the publics attention after the two

institutions separated in 2000. According to MPR (Peoples Consultative

Assembly) Resolutions No.IV/MPR/2000 and No.VII/MPR/2000, the police

and the military were separated from ABRI (Indonesian Armed Forces).

This separation also conveyed the distribution of roles and tasks of national

security. The National Police as a state apparatus focus on maintaining

security and order domestically, while the Indonesian Military emphasizes on

national defense. With this separation, the police and the military are expected

to be a professional apparatus within the security sector. After one decade,

the expectations of most Indonesians for a professional and solid security

forces have yet to happen. The public still see a series of violence between thesecurity forces each year.

NVMS data (National Violence Monitoring System) show that between 2005

and 2012, 154 incidents of security forces violence were recorded, resulting

in 20 deaths, 175 injuries, and 71 buildings damaged. Data is collected from

nine provinces such Aceh, Greater Jakarta area, West Kalimantan, East Nusa

Tenggara, Central Sulawesi, Maluku, North Maluku, Papua, and West Papua.

Based on NVMS Data, the forms of violence between the police and military

are clashes, assaults, and ghts. Most of the brutal incidents that occurred

involve dozens of member of the security forces. An example in 2008 was the

case of a group of rogue military personnel attacking a police headquarters in

Central Maluku in retaliation for the kidnapping of one of their colleagues.

The incident caused two police ofcers and one military member to die and 57

building damages. Moreover, dozens of people surrounding the police station

ed far away from the conict area.

Sometimes, the trigger of violence between members of military and police

are trivial problems such as violence perpetrated as a result of injured pride.

Furthermore, some violent incidences are also caused by the exaggerated

response to criminal cases involving members of the two institutions.

However, these triggers only exist on the surface area and can explode

anytime. The National Police and Indonesian Military should realize that there


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are fundamental reasons that act as the root causes for violence between the

two security forces.

There are serious problems that are embedded in most cases of violence

between police and military members. First, excessive arrogance is one of

the problems. This arrogance is related to the power of security sector. After

the Reform era, the military and police are mandated by law as a pillar of the

nations security. Some disputes have a lot to do with the polices arrogance

and the militarys presence at the local level such as villages, sub-districts and

regencies in implementing its territorial function. However, in some cases one

of them argues that they have more role and power than the other. Violence

between members of the police and military will occur when their territorial

functions are disturbed.

Second, identity of corps tends to be an accelerator of mobilization for soldiers

in committing such violence. Solidarity among members from the Indonesian

Military or National Police is often easily mobilized for attacking each others.

When one member of the corps have problem with another security force,

then members of that corps will respond as if it was a group problem. In the

name of solidarity, mobilization of soldiers can attack the targeted enemies.

Furthermore, violence is often used as a method of maintaining the pride of

their corps.

Third, violence between security forces is also associated with illegal security

services. Many soldiers are allegedly involved in backing underground

economy by providing security services. After the separation of the police

and military, there is competition from members of the two institutions to

get economic benets from backing underground economy. Sometimes the

competition causes friction between members from the police and military.

At the local level, friction among security forces can cause brutal clashes.

An example includes a clash between member of the Indonesian Military andNational Police in South Tanggerang in 2008 that was triggered by competition

for backing parking area.

Fourth, weakness in internal monitoring by the two institutions is one of the

problems that mushrooms the violence between security forces. Weak internal


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monitoring can be indicated by the easiness of soldiers to mobilize each others

for committing violence. Moreover, the weak monitoring can also be seen

from the ineffective of institutions in preventing the mobilization of soldiers.

There are two problems of weak monitoring namely leaders capability in

handling their soldiers and deterrence efforts of violence.

Fifth, the worsening violence between members of the police and military

in the eld has been triggered by the unnished division of role and power,

even though there have been regulations such as Law No.2/2002 and Law

No.34/2004. In the eld, the implementation of regulations is sometimes

ignored by members of the nations security apparatus. The latest violent

incident in Ogan Komering Ulu, South Sumatera could be blamed on the

ineffective implementation of these regulations. Thus, the Indonesian Military

and National Police should push for more review and reform of the regulations

regarding the 1945 Constitution and the Reform movement.

Furthermore, the resolution of violence between security forces tends to be

done on a case-by-case basis. Many resolutions can be seen merely as reactive

steps in dealing with violence by security forces. Therefore, we need the

serious and comprehensive resolution in solving these violence cases. The

most important factor in resolutions is the role of Susilo Bambang Yudhoyono

as a President. He should play a key role in his capacity as the supreme head

of the Indonesian Military and National Police. He could draw clear lines

over the division of role and power between the institutions. The President

through the Coordinating Minister for Political, Legal, and Security Affairs

could summon the leaders of the Indonesian Military and National Police for

mediating the brutal violence involving their soldiers and police ofcers. This

is important to prevent the protracted violence between members of security

apparatus.

Moreover, the leader of the institutions such as at the national and local levelshould also be proactive in socializing peace and harmony in their respective

security forces. Furthermore, the leaders in his territorial areas should

build synergy relations with other security apparatuses through intensive

communication and interaction. Other important instrument of resolution

is internal monitoring. To prevent violence, internal monitoring should be


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strengthened more to detect indications of committing violence such as the

mobilization of soldiers. Law enforcement is part of the resolution to give

penalties to the perpetrator of security forces violence. The last resolution

is associated with the eradication of illegal security services conducted by

members of the two institutions. It is so crucial resolution to minimize friction

among the soldiers in the eld.

Looking forward to the future, the nations security apparatus can hopefully

focus on maintaining defense system and public order instead of ghting each

other.

-oooOooo-


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