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Cablegate: Yogyakarta - Promoting Accountability in Government

VZCZCXRO6695
RR RUEHCHI RUEHDT RUEHHM
DE RUEHJA #2875/01 2840948
ZNR UUUUU ZZH
R 110948Z OCT 07
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC 6652
INFO RUEAWJB/DEPT OF JUSTICE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUEHLMC/MILLENNIUM CHALLENGE CORP WASHINGTON DC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHKO/AMEMBASSY TOKYO 0952
RUEHBJ/AMEMBASSY BEIJING 4406
RUEHBY/AMEMBASSY CANBERRA 1366
RUEHUL/AMEMBASSY SEOUL 4245
RUEAIIA/CIA WASHDC

UNCLAS SECTION 01 OF 02 JAKARTA 002875

SIPDIS

STATE FOR EAP/MTS, EEB/IFD/OIA, INL BOULDIN
L/LEI FOR BUCHHOLZ
DOJ FOR CRIM AAG SWARTZ
DOJ/OIA FOR WARNER/ROBINSON
DOJ/OPDAT FOR ALEXANDRE/LEHMANN/JOHNSON
DOJ/AFMLS FOR SAMUEL
MCC FOR AMBASSADOR DANILOVICH AND MORFORD
DEPT PASS USTR FOR AMBASSADOR SCHWAB
TREASURY FOR IA - BAUKOL
USAID FOR ANE/AA WARD

SENSITIVE
SIPDIS

AIDAC

E.O. 12958: N/A
TAGS: PGOV KMCA KCOR ECON KJUS KPAO ID
SUBJECT: YOGYAKARTA - PROMOTING ACCOUNTABILITY IN GOVERNMENT

JAKARTA 00002875 001.2 OF 002


1. (SBU) SUMMARY: The Yogyakarta provincial leadership has
instituted several initiatives to promote greater accountability and
more responsive local government. The Governor established public
and private ombudsman offices and a regional oversight body to
promote better governance. Despite some success, the mediocre
record of the District Attorney's Special Crimes Unit and
Yogyakarta's earthquake assistance (some estimate up to 50% was lost
to corruption) is indicative of the larger structural limitations
that make better governance and anti-corruption reform elusive.
However, anti-corruption movements at local universities provide
hope for future reform. End Summary.

First Public and Private Ombudsman in Indonesia
--------------------------------------------- --

2. (U) Governor Sri Sultan Hamengkubuwono X established Indonesia's
first provincial-level public and private ombudsman offices in
Yogyakarta to monitor public service delivery. Both the public and
private offices have thirteen members, including five commissioners.
Budi Santoso, head of the Public Ombudsman, said that 80% of the
200 plus complaints regarding public services have been resolved
through mediation. Common complaints relate to identity cards,
earthquake assistance, education, and law enforcement. Budi
Wahyuni, head of the Private Ombudsman, said that cases for the
Private Ombudsman focus on government policies related to doing
business, such as consumer rights, ethics, and business practices.


3. (U) The Yogyakarta provincial government has also established a
100-member Regional Oversight Body (Bawasda) responsible for
internal government oversight and auditing. The Yogyakarta Bawasda
investigates any government contract over Rp 50 million ($5,556 USD;
at Rp 9,000/USD) and leads other internal government audits at the
regional level. The Bawasda coordinates with the District
Attorney's Office to investigate and prosecute any possible cases.
While these accountability institutions are commendable in theory,
it is too soon to tell what their long-term effect will be.

District Attorney: All Power in Jakarta
---------------------------------------

4. (SBU) The Yogyakarta District Attorney's Special Crimes Unit is
responsible for anti-corruption cases at the provincial level. From
January to September 2007, the Special Crimes Unit has investigated
fifteen cases and prosecuted five. Amirullah, head of the Special
Crimes Unit, highlighted the recent arrest of the Sleman district
education head on graft charges. The Special Crimes Unit has
prosecuted 68 cases since 2002.

5. (SBU) While the statistics and anecdotal evidence of the Special
Crimes Unit appear positive, the overall capacity and effectiveness
of the Yogyakarta District Attorney's office to combat corruption is
limited at best. The Special Crimes Unit has three officials and 17
administrative support staff. Although the Special Crimes Unit has
claimed to prosecute 20 local parliament (DPRD) officials, none have
been jailed yet. Similar to the regional courts, the the Attorney
General's Office in Jakarta manages regional district attorney's
offices closely, permitting little independence.

Earthquake Assistance Not Immune to Corruption
--------------------------------------------- -

6. (SBU) Yogyakarta civil society leaders estimated that up to 50%
of earthquake assistance has been lost to "local wisdom," a
euphemism for various forms of graft and corruption. Depending on
the level of damage to their homes, earthquake victims received Rp
15 million ($1,667 USD), Rp 4 million ($444 USD), or Rp 1 million
($111 USD). Public associations (Pokmas) of 15 to 30 households
distributed assistance to their communities. Partnership for

JAKARTA 00002875 002.2 OF 002


Governance Reform Regional Manager Idham Ibty and other civil
society leaders said that this structure led to corruption by the
Pokmas heads as well as local administrative staff, amounting to up
to 50% of the earthquake assistance.

Anti-Corruption's University Movement
-------------------------------------

7. (SBU) We met with the leaders and staff of the Center for
Anti-Corruption Studies (PUKAT), a non-governmental organization
(NGO) involved in various public policy initiatives on
anti-corruption (see septel). Denny Indrayana, constitutional law
professor at Gadjah Mada University and head of Indonesia Court
Monitoring, leads PUKAT and its staff of Gadjah Mada students and
lecturers. Following an Indonesian university summit on
anti-corruption in August 2005, Indrayana founded PUKAT as a model
for future university involvement in reform efforts. The goal is to
develop similar civil society organizations in universities across
Indonesia. PUKAT has sponsored expert seminars, led public
awareness campaigns, and provided analytical support to proposed
draft laws related to anti-corruption.

8. (SBU) Reflecting the view of the Judicial Monitoring Coalition,
an anti-corruption NGO coalition to which PUKAT belongs, Indrayana
said that Corruption Eradication Commission (KPK) commissioner
candidates with previous experience in the police or Attorney
General's Office should be disqualified. The KPK's legitimacy could
be compromised by the negative, corrupt perceptions of these
institutions and previous professional connections of commissioner
candidates. Indrayana argued that the KPK is not meant to be a
representative body and does not need police or Attorney General
personnel in the institution. However, even more worrying to
Indrayana is the Election Commission (KPU) commissioner selection
process. Regarding all of these issues, Indrayana regarded
Parliament's Commission III - the Law, Security, and Human Rights
Commission - as part of the problem, not the solution.

HEFFERN

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