Indian Independence Day

60TH INDIAN INDEPENDENCE DAY
15 August, 2006

“No one can break our will or unity. No one can make India kneel…”

That’s one of Manmohan’s, the Prime Minister of India, stressing points when he delivering the Independence Day addresses the ramparts of the Ref Fort on last Tuesday (15/8). In that time, Prime Minister Manmohan Singh also called for a new kind of politics if the country were to achieve its potential for a prosperous and bright future.

“We need a politics that will propel us forward. We need a politics that will guide us to new frontiers, take us to new horizons. I urge all our political leaders to think deeply about the future of our country. We must shun the politics of divisiveness and adopt the politics of change and progress.” he said. These were the concluding words of his address to the nation from the ramparts of the Red Fort here on Independence Day.

I found a unique speech from Manmohan Singh’s script. Because till now, in India, Jawahar Lal Nehru was the only Prime Minister who scripted his own Independence Day speech, but Prime Minister Manmohan Singh has decided to follow in his footsteps and present a “visionary statement” on Tuesday – a la Pandit Nehru. I remember with one of the greatest Indonesian leaders, Soekarno, who get a nickname as “pulpit tiger”. But, how is about the Indonesian Leader at present?

We’ll wait the stressing speech of Susilo Bambang Yudhoyono, President of the Republic of Indonesia, at 61st Indonesian Independence Day Ceremony on next Thursday (17/8). Whether he’ll speech with his own Independence Day script or not? We’ll see.

The Death Penalty for Three US “Rapist Soldiers"

IRAQI GIRL WAS GANGRAPED BY US SOLDIERS: DEATH PENALTY!
A US military court in Baghdad heard graphic testimony on Monday (8/8) of how three US soldiers took turns raping a 14-year-old- Iraqi girl before murdering her and the family.
At the hearing into whether the four marines should be court martialled for rape, a special agent described what took place in Mahmudiyah in March, based on an interview he had with one of the men, Specialist James Barker. The case, the fifth involving serious being investigated by the US military in Iraq, has outraged Iraqis and led Prime Minister Nuri al-Maliki to call for a review of foreign troops’ immunity from prosecution under Iraqi war.

Special Agent Benjamin Bierce recalled that Barker described to him how they put a couple and their six year-old daughter into a bedroom of their home, but kept the teenage girl in the living room, where Barker held her hands while Sergeant Paul Cortez raped her or tried to rape her. Barker then switched positions with Cortez and attempted to rape the girl but said he was not sure if he had done so, Bierce told the hearing.

Barker also told the special agent he heard shots from the bedroom and shortly afterwards Private Steven Green emerged from the room, put down an AK-47 assault rifle and raped the girl while Cortez held her down. Barker told Bierce that Green then picked up the weapon and shot her once, paused, and shot her several more times. Military prosecutors are expected to set out their case against Private First Class, Jesse Spielman (21), Barker (23), Cortex (23) and Private First Class, Bryan Howard (19) who face charges of rape and murder among others.

If court martialled after the Article 32 hearing – the military’s equivalent of a US grand jury – and found guilty, they could face the death penalty. The hearing began on Sunday and is expected to last several days.

We hope the verdict won’t be like what the Court decided for Green (21), their rapist partner that faces the same charges in a US federal court in Kentucky, who has pleaded not guilty and only get discharged punishment from the army for a “personality disorder”.

The big question that rose in my mind is a soldier who raped an innocent girl before killed her only get a “personality disorder” predicate, so what kind of conduct should be a soldier done to give him a predicate as an “evil personality”? On the whole, I think the death penalty is the only and the best verdict to hold the social and humanity justice in that case. Are you brave enough to do that, Uncle “human rights” Sam?

– Pan Mohamad Faiz –

Lady Judges for Rape Victims

LADY JUDGES FOR RAPE VICTIMS: A FAIR DEAL?

Indian Government is all set to make it mandatory that only women judges will hear rape cases. However, the legal fraternity is divided on whether it will help the victims.

There is another move for the empowerment of women in Judicial System. This time it is the law doing its bit for the rape victims, in the form of the recent move to make it mandatory for rape cases to be tried only by women judges. The idea supposedly being to do away with the “tough questioning” that defence lawyers resort to in courts, normally presided over by male judges. But will this actually help women or is it just another cosmetic change? If we assuming that our systems, India and Indonesia, are biased and that rape victims do not get justice, then it will very help the victims to get the truly justice of them.

The law’s motive is clear – it wants to safeguards women from feelings of awkwardness and shame. A rape victim is already emotionally scarred, but with women judge around, they will feel more comfortable. The comfort level between two women is certainly more and a woman judge will definitely be able to empathise with the victim.

Some disagree opinions stated that it is not about who is sitting on trial, but what we should hope for is justice. However, it might give the victim a sense of ease, but a male judge can achieve that too. Whatever it’s a woman or a man the law remains the same.

We all have known that male judges who lead the rape cases, especially in Indonesia, often embarrass the victims with ridiculous questions. Therefore, lady judges might be a little sympathetic towards the victim, even which is not what the law demands.

In brief, I think this is more of a psychological strategy that will help women. And although men may be kinder, victims will feel more secure in the presence of women judges. Though a judge may deliver perceptional justice, a woman’s verdict will be more acceptable.

If this system will has been set up, the final question is why single out only rape victims – what about victims of dowry harassment and sexual assault? They should be judged only by women, shouldn’t they?

– Pan Mohamad Faiz –

First FLG Congress and Manifesto

FORUM LINTAS GENERASI

“Announcement of the First Congress and the
Manifesto of Youth and Indonesia Across-Generation”

The Forum Lintas Generasi will hold its first Congress in Depok, West Java, Indonesia, November, 8 – November, 10, 2006, with the theme “Moral & Cultural Aspects; Law, Power, Economics, & Politics: Heroes and Young People Role’s in this Democratic era. The Congress will be hosted jointly by the Forum Lintas Generasi, Student’s Executive Board of Law Faculty of University of Indonesia, Faculty of Law and the Centre for Women and Gender’s Studies, University of Indonesia.

Call for Papers and Paper Organizers

The Congress will address a number of related themes and issues pertaining to Heroes and Young People Role’s in this Democratic era, especially in the context of the relations between Moral & Cultural Aspects; Law, Power, Economics, & Politics processes which affect the every era of country as they pursue their various activities.

While the congress symposia are comparative in nature and ask for papers from all over the world, a major focus will be on issues particularly relevant to South and Southeast Asia, especially Indonesia. Here we are taking the papers from the International School scholar and International Organization Representative in Jakarta. In the historical development and contemporary situation in these regions, the Moral & Cultural landscapes are undergoing rapid change, and it has a different means in every place. Local populations, non-governmental and governmental agencies alike are faced with immense challenges posed by the plurality and differences point of view in Moral and Cultural means. Besides these issues, Heroes and Young People Role’s also play an important role in the organization and legitimating of governance, of social, political and economic relationships, and the administration of justice. Like meaning of heroes in differences of people point of view, in the context of globalisation, international and transnational rules and conventions as well as international actors, governmental and non-governmental organisations increasingly add to the earlier forms of complexity.

The Congress will attract participants from all over the world including people from various academic backgrounds, such as law, anthropology, sociology, development studies and gender studies as well as practitioners (social workers, NGO members, dispute mediators, legal advocates, planners, state officials, political activists, students or even squalid and homeless getting through their point of view) who in their work are confronted with these issues.

The Congress will address a number of issues that will form the core themes of the symposia and panels. The following outline is in the preparatory stages. The symposia and panels will be more closely focused in cooperation with panel organizers and the local organizing committee. Moreover, interested colleagues are invited to suggest additional proposals for panels, and proposals by participants from less developed countries as well as joint panels organized by northern and southern scholars, International School scholars and also International Organization Representative in Jakarta are very welcome.

Bahasa Indonesia is the official language of Indonesia. English is quite understood by most of Indonesian citizen. On this Congress, the stages will be asking by using English or Indonesia language. The participants may have either one of these language.

People who are interested in organising panels, either the ones listed below or new ones, are invited to notify the local organising committee latest by1st October, 2006. The panel organisers will be expected to submit the description (themes, issues, questions) of their panels for general information.

Abstracts of papers are to be submitted to panel organisers, with a copy to the local organising committee by 17th October, 2006. Completed papers are to be submitted to the panel organisers by 27th October, 2006.

Proposed symposia and panels for the congress

Symposium I: Theoretical and Methodological Issues
Panel 1: Moral & Cultural Problems in this Democratic era

Symposium II: Heroes and Young People’s Role in this Democratic era
Panel 1: Young People Roles in Devolution of Power and Legal Change
Panel 2: Globalization, Market and Law through the Young People’s Role

Symposium III: The Abolishment of this Nation’s Moral and Cultural Values in the Political Life of this Country
Panel 1: Moral Degradation and Cultural Consideration in the Decision Making Process and the Concrete Implementations in all Sectors
Panel 2: Young People and Good Governance(HS Dillon)
Panel 3: Achieving Millennium Development Goals

Organization
The conference will be hosted jointly by the Forum Lintas Generasi, Student’s Executive Board of Law Faculty of University of Indonesia, Law Faculty and the Centre for Women and Gender’s Studies, University of Indonesia.

The secretariat for the congress will be located in the Student Centre in Law Faculty of University of Indonesia, with Intan Hadidjah as the Executive Secretary.

Finance

The fee for Congress members is US $ 20 each. Accommodation for the congress members will be most probably in Makara Hotel located in the campus of University of Indonesia in Depok. The definitive choice of the hotels and their prices are still under negotiation. The probable costs will be around 45 US $ for a single room, and 56 US $ for a double room (US$ 28 per person), including accommodation and all meals. Further information will be provided in subsequent communication.

Travel and Participation Grants

There is a probability that the organising committee will find funding for a limited number of persons, especially from South and Southeast Asia, to attend both the congress. Those who wish to attend the congress are strongly advised to seek funding from their own sources, due to the limited funding available.

In addition to the grants for congress, there will hopefully be some funds for persons interested in presenting papers at the congress. These funds will be used to (co-)finance travel and accommodation costs of scholars and participants from less developed countries.

Important Deadlines

  1. Panel organizers to notify the local organizing committee (Paku Utama) of their intention to organise a panel (if possible with panel description – key themes, issues and questions) – October 1st, 2006.
  2. Panel description – Submission by panel organizers of panel description to the local organising committee – October 10th, 2006.
  3. Information regarding panels (organizers and description of panels) to be posted via email – October 17th, 2005.
  4. Submission of paper abstracts to panel organizers, with a copy to the local organizing committee – October 27th, 2006.
  5. Submission of papers – 1st November, 2006.

Contact Persons

Chairman of Forum Lintas Generasi
Paku Utama
Student Centre at Faculty of Law,
University of Indonesia
Tel: 08128427201
E-mail: bogiey_reptiles@yahoo.com
Forum Lintas Generasi Yahoo Groups: FLG_Indonesia@yahoogroups.com

Secretariat of Forum Lintas Generasi
Intan Hadidjah
Jalan Duren Tiga Buntu no 41, Kalibata
Tel: 08151641481/ 02193053827
Email: gotan_gorgeous@yahoo.com

Collecting for the papers can be sent to:

Paku Utama (Indonesia): bogiey_reptiles@yahoo.com

Intan Hadidjah (Indonesia): gotan_gorgeous@yahoo.com

Gisca Nuranissa (South-East Asia): geez_11@yahoo.com

Pan Mohamad Faiz (South Asia): pm_faiz_kw@yahoo.com

To learn more about Forum Lintas Generasi, please visit
http://groups.yahoo.com/group/FLG_Indonesia