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Cablegate: Usg-Supported Task Force Pioneers New Law

VZCZCXRO3375
OO RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #0687/01 0950929
ZNR UUUUU ZZH
O 040929Z APR 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8567
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS PRIORITY
RUEHBY/AMEMBASSY CANBERRA 2268
RUEHKA/AMEMBASSY DHAKA 0905
RUEHNE/AMEMBASSY NEW DELHI 1712
RUEHKO/AMEMBASSY TOKYO 1756
RUEHWL/AMEMBASSY WELLINGTON 2492
RUEHHK/AMCONSUL HONG KONG 2550
RUEHPT/AMCONSUL PERTH 0684
RHEFDIA/DIA WASHINGTON DC
RUEAWJB/DEPT OF JUSTICE WASHDC
RHEHNSC/NSC WASHDC
RUEAIIA/CIA WASHDC

UNCLAS SECTION 01 OF 02 JAKARTA 000687

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR EAP, EAP/MTS, EAP/MLS, INL FOR BOULDIN/BUHLER
DOJ/OPDAT FOR LEHMANN/ALEXANDRE
DOJ FOR CRIM AAG SWARTZ, CCIPS FOR MERRIAM, AFML FOR SAMUEL
NSC FOR EPHU

E.O. 12958: N/A
TAGS: PGOV PTER KJUS ID
SUBJECT: USG-SUPPORTED TASK FORCE PIONEERS NEW LAW
ENFORCEMENT MODEL

REF: A. JAKARTA 244
B. JAKARTA 228
C. 07 JAKARTA 3312
D. 07 JAKARTA 2797
E. 07 JAKARTA 2101

JAKARTA 00000687 001.2 OF 002


1. (U) This cable is Sensitive but Unclassified -- Please
handle accordingly.

2. (U) SUMMARY: A year and a half after its founding, the
USG-supported Attorney General's Task Force on Terrorism and
Transnational Crime has evolved into a highly effective tool
for prosecuting terrorists and other criminals. In the
process, it has pioneered a new model for Indonesian law
enforcement based on specialization by case type,
inter-agency coordination and professionally-based
advancement. Work still needs to be done to make the Task
Force a permanent arm of the AGO, to clarify the position of
its members, and to appoint a new Chief. END SUMMARY.

AN ELITE GROUP

3. (SBU) Since its establishment in July 2006, the AGO Task
Force on Terrorism and Transnational Crime has evolved into
one of the GOI's premier law enforcement bodies. Originally
conceived in a September 2005 Letter Of Agreement (LOA)
between the AGO and Mission, the Task Force created an elite
team of prosecutors who would specialize in cases involving
terrorism, money laundering, trafficking in persons (TIP) and
cyber crime. USG assistance--in the form of a $750,000 FY05
ESF grant-- provided the Task Force with renovated office
space, computers and other equipment, and specialized
training. The LOA was amended in 2007 to extend the length
of the agreement, commit additional funds from INL and S/CT,
and add Intellectual Property Rights to the Task Force's
mandate (ref D). USG assistance is overseen jointly by
Mission's DOJ/OPDAT representative and the Political Section.

A RECORD OF SUCCESS

4. (SBU) In a recent meeting, Task Force members reviewed
the group's progress over the first year and a half of
operation. The Task Force's 22 prosecutors have already
prosecuted more than 40 terrorists, winning convictions in
every case (ref B, C, and E). They have also successfully
handled 34 TIP and two money laundering cases. Their success
has been noted by observers both within and outside
Indonesia. The AGO is considering, again with USG support,
the creation of a second task force designed along the same
lines and devoted to handling corruption cases. Moreover,
Task Force member Yusfidli Adyaksana told us that the UN
Office on Drugs and Crime has asked the Task Force to produce
a "Best Practices" pamphlet for distribution to similar
groups in other countries.

PIONEERING A NEW WAY

5. (U) Task Force members attribute their success in part to
the fact that they are pioneering what for Indonesia is a new
model for law enforcement. The new model contains three main
elements: specialization by case type; coordination with
police at the investigation stage; and providing
professionally-based advancement.

6. (SBU) The Task Force's focus on particular types of cases
is almost unique at the AGO, where the vast majority of
prosecutors are expected to handle virtually every type of
criminal case. As a result, most prosecutors do not develop
crime-specific expertise. In addition, donors who want to
provide specific training are forced to take a shotgun
approach. The Task Force's narrow focus avoids both these
problems. The result is a team which consists of specialists
in each type of case, but in particular on terrorism and TIP,
which is where most of the cases have focused until now.

JAKARTA 00000687 002 OF 002


After the 2007 ALOA was signed, Mission began a concerted
effort to provide IPR training to members of the Task Force
in order to create a similar cadre of IPR specialists. The
Task Force also generates quarterly reports listing the cases
it handles by type of crime, another practice which is not
standard at the AGO.

7. (SBU) The Task Force is also pioneering a new model of
police/prosecutor coordination. Under the current Indonesian
Criminal Procedure Code (CPC), there is a strict separation
of roles between police, who handle investigations, and
prosecutors, who handle prosecutions. (Note: A new draft CPC
would, if enacted as written, alter this relationship
considerably - see ref A.) The Task Force has operated
differently from the beginning. Task Force members told us
that they work very closely with Indonesian National Police
officers on cases. This includes getting access to suspects
early in the investigation and providing input to the
investigation dossier prior to its completion. In addition,
in contrast to common Indonesian practice, police officials
remain involved in the case after the trial begins, making
sure that witnesses are brought to court--from other
provinces if necessary--and ensuring that sensitive types of
evidence, including explosives and intelligence reports, are
available to prosecutors during the trial.

8. (SBU) A final element in the Task Force model is
professional-based advancement. The AGO is a highly
bureaucratic organization in which hierarchy is respected and
promotions are more a matter of seniority than performance.
Moreover, prosecutors are notoriously underpaid, leading some
to resort to unethical means to supplement their incomes.
The Task Force, however, is seen as an exception: the
prosecutors assigned to it are generally highly regarded by
their peers, and participation on it is seen as career
enhancing by other prosecutors. A number of mid-level
prosecutors have been promoted since their appointment to the
Task Force. In addition, the access to USG-funded
training--and in particular, travel to the US--is seen as
highly prestigious, according to Embassy contacts.

STILL A WORK IN PROGRESS

9. (SBU) While the Task Force has been a major success
story, more needs to be done. The Task Force is currently an
ad-hoc group outside the AGO's permanent structure. As a
result, the prosecutors assigned to it are on loan from other
sections, and are often forced to divide their time between
their two offices. It is vital that the Task Force be made
into a standing body at the AGO. Deputy AG for General
Crimes Abdul Hakim Ritonga told poloff in 2007 that the AGO
had requested that the Task Force be transformed into a
permanent Directorate. However, the plan remains in limbo at
the State Secretary's office.

10. (SBU) The status of the Task Force's Chief is another
issue facing the group. The original head, Thomson Siagian,
was promoted in January and transferred outside of Jakarta.
The AG recently named an acting Chief, Joko Subagyo.
Subagyo, like Siagian, is respected by his peers but is not
highly experienced in the types of cases handled by the Task
Force. At a recent meeting with DOJ and poloff, Subagyo
expressed interest in continuing to work closely with the
Embassy. However, new initiatives--such as broadening
training on IPR crimes--are likely to move slowly until a new
permanent Chief is named.
HUME

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