VZCZCXRO9802
RR RUEHCHI RUEHCN RUEHDT RUEHHM
DE RUEHJA #1081/01 1550948
ZNR UUUUU ZZH
R 030948Z JUN 08
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC 9179
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 WASHINGTON DC
RUEHKO/AMEMBASSY TOKYO 2053
RUEHBJ/AMEMBASSY BEIJING 5099
RUEHBY/AMEMBASSY CANBERRA 2590
RUEHUL/AMEMBASSY SEOUL 4642
RUEAIIA/CIA WASHDC

UNCLAS SECTION 01 OF 03 JAKARTA 001081 
 
STATE FOR EAP/MTS, EEB/IFD/OIA, INL BARCLAY 
DOJ FOR AG MICHAEL MUKASEY 
DOJ FOR CRIM AAG SWARTZ 
DOJ/OIA FOR WARNER/ROBINSON 
DOJ/OPDAT FOR ALEXANDRE/LEHMANN/JOHNSON 
MCC FOR AMBASSADOR DANILOVICH AND MORFORD 
DEPT PASS USTR FOR AMBASSADOR SCHWAB 
TREASURY FOR IA - BAUKOL 
USAID FOR ANE/AA WARD 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PGOV KJUS KCOR ECON ID
SUBJECT: Scenesetter for Attorney General Mukasey visit to 
Indonesia 
 
JAKARTA 00001081  001.2 OF 003 
 
 
¶1. (SBU) Summary: Department of Justice assistance programs are 
essential to Indonesia's continued democratic development.  Over the 
past ten years of its democratic transition, Indonesia has worked to 
establish the laws, institutions, and procedures for sustained 
governance reform and rule of law.  The Department of Justice is 
partnering with Indonesia on many fronts: counter-terrorism, 
anti-corruption, criminal procedure reform, asset forfeiture, 
trafficking in persons, environmental protection, and overall 
investigative and prosecutorial capacity.  Our partnership has 
yielded concrete results -- terrorists arrested and convicted, 
millions of dollars in illegal logs seized, major meth labs closed 
-- advancing U.S. strategic interests and improving governance in 
Indonesia.  The Attorney General's trip to Indonesia underscores the 
importance of our growing partnership on law enforcement and rule of 
law.  End Summary. 
 
Institutional Overview and DOJ Components in Indonesia 
--------------------------------------------- --------- 
 
¶2. (SBU) Functions exercised by the Department of Justice in the 
U.S. are divided among several institutions in Indonesia.  The 
Indonesian National Police (INP) is primarily responsible for 
investigations.  The Attorney General's Office (AGO) handles 
prosecutions in ordinary cases in the general courts and is 
authorized to investigate corruption cases.  The Corruption 
Eradication Commission (KPK) leads high-level investigations and 
prosecutions, and presents its cases in a specialized 
Anti-Corruption Court.  The Ministry of Law and Human Rights is 
responsible for developing justice sector legislation, 
administration of the prisons, and serves as Indonesia's central 
authority for mutual legal assistance requests. 
 
¶3. (SBU) Four different DOJ components are helping to advance the 
rule of law in Indonesia.  DOJ/ICITAP Indonesia is developing the 
operational and organizational capacity of the police through 
technical assistance, training, and limited equipment donations to 
augment the police's transition to be a professional democratic law 
enforcement organization.  DOJ/OPDAT is establishing terrorism and 
transnational crimes and corruption task forces at the AGO. 
Partnering with the Ministry of Law, OPDAT assists with drafting 
laws, including a new criminal procedure code and asset forfeiture 
law.  FBI/Legat Jakarta provides operational and developmental 
support to the police in the areas of counterterrorism, corruption, 
and transnational crime.  DOJ's Drug Enforcement Administration 
(DEA), represented out of U.S. Embassy Singapore, provides 
operational support and training to the police and the National 
Narcotics Bureau.  Joint Inter-Agency Task Force (JIATF)-West also 
provides infrastructural development, technical assistance, and 
training in partnership with DEA. 
 
Counter-Terrorism Partnership Produces Results 
--------------------------------------------- - 
 
¶4. (SBU) Security has objectively improved in Indonesia since the 
spate of terrorist attacks in 2002-2005, although a weakened 
regional terrorist organization Jemaah Islamiyah continues to exist. 
 Over the last six years, Indonesia has arrested and convicted over 
250 terrorists - including three Bali bombers who currently await 
execution.  Police Chief General Sutanto, a top-flight reformer, is 
establishing a professional police force that manages internal 
security, particularly CT efforts.  The FBI has quietly worked with 
the police and provided operational support on CT and transnational 
crime.  The OPDAT-supported AGO Terrorism and Transnational Crimes 
Task Force has successfully prosecuted the last 43 terrorists 
arrested, including 26 JI members, in less than two years of 
operation. 
 
Governance Reform: Institutionalizing the Rule of Law 
--------------------------------------------- -------- 
 
¶5. (SBU) When President Suharto stepped down in 1998, rule of law 
 
JAKARTA 00001081  002.2 OF 003 
 
 
was weak and patronage characterized governance.  Reform of law 
enforcement institutions and their procedures has been a cornerstone 
of DOJ programs to support rule of law in Indonesia.  Behind the 
scenes, ICITAP programs have led to fundamental reforms at the 
police, such as a reorganization of the criminal investigative 
division and the adoption of a use of force policy.  OPDAT has 
assisted in drafting a comprehensive new Criminal Procedure Code 
that moves Indonesia from a confession-based inquisitorial system 
towards an evidence-based, adversarial approach.  These DOJ programs 
have improved law enforcement capacity and promoted greater 
prosecutor-police cooperation. 
 
Anti-Corruption Reform: Steady Progress 
--------------------------------------- 
 
¶6. (SBU) President Yudhoyono has made combating corruption his top 
priority.  The Corruption Eradication Commission, an independent 
government body established in 2004, has prosecuted high-profile 
cases and coordinates government-wide prevention strategies.  Funded 
by the US Millennium Challenge Corporation (MCC) Threshold Program, 
ICITAP is purchasing multi-million dollar electronic surveillance 
equipment for the KPK, which enables the GOI to gather electronic 
evidence for corruption prosecutions more effectively.  OPDAT and 
DOJ's Asset Forfeiture and Money Laundering Section are assisting in 
developing an asset forfeiture law to permit non-conviction based 
(in rem) forfeiture of assets and seek the return of proceeds of 
corruption that have been moved overseas.  The AGO is also a 
critical piece to the anti-corruption reform movement due to its 
nationwide reach and institutional strength.  The Attorney General's 
visit will provide the opportunity to announce the creation of an 
elite Anti-Corruption Task Force within the AGO, which will be 
supported by OPDAT and modeled after the successful Terrorism and 
Transnational Crimes Task Force. 
 
Preserving an Environmental Superpower 
-------------------------------------- 
 
¶7.  (SBU) Indonesia is home to the world's greatest marine diversity 
and the second greatest terrestrial diversity in the world after the 
Amazon.  However, illegal loggers are rapidly destroying much of 
Indonesia's virgin forest.  Illegal forest fires set to clear land 
have also contributed to Indonesia being the world's number three 
carbon emitter.  ICITAP's marine police project has provided the 
police with 15 high-tech boats through a U.S. Trade Representative 
(USTR) negotiated agreement.  The INP has used the boats in their 
first year to seize $4 million illegally harvested logs, as well as 
catch human traffickers.  OPDAT is working with DOJ's Environment 
and Natural Resources Division to conduct illegal logging workshops 
for police and prosecutors. 
 
Trafficking In Persons: Progress in Strategic Hot Spot 
--------------------------------------------- --------- 
 
¶8. (SBU) Due to economic conditions, limited police capacity and 
porous borders, Indonesia has long been a major source country for 
trafficking in persons.  Systemic change is improving the 
trafficking situation.  In 2007, Parliament passed a comprehensive 
anti-trafficking in persons (TIP) law, with OPDAT providing 
assistance in the drafting and current implementation of the law. 
ICITAP has established the internationally recognized Point of 
Origin strategy, which has trained several hundred police as well as 
NGO leaders in vulnerable TIP areas to provide communication between 
TIP victims, NGOs, and police.  This technical assistance and 
training have resulted directly and indirectly in the dismantling of 
several trafficking organizations, numerous arrests, and hundreds of 
women and minors being rescued from trafficking. 
 
Sustaining Indonesia's Commitment to Governance Reform 
--------------------------------------------- --------- 
 
¶9. (SBU) The Department of Justice efforts are not alone.  Indonesia 
 
JAKARTA 00001081  003.2 OF 003 
 
 
has the largest MCC Threshold Program, including $35 million in 
anti-corruption programs, which works with the court, the KPK, and 
other "rule of law" agencies.  The State Department's Anti-Terrorism 
Assistance (DS/ATA) program provides operational training for 
Indonesia's anti-terrorism unit. USAID and other Embassy components, 
along with the Australian and other embassies, are also working to 
transform Indonesia's judicial and law enforcement institutions. 
 
¶10. (SBU) All of this progress throughout Indonesia's democratic 
transition adds up to a major success story.  Yet, much remains to 
be achieved.  Indonesia is still developing its governance 
architecture and results are only now starting to materialize.  A 
sustained U.S.-Indonesian partnership to promote regional stability 
and rule of law is essential to Indonesia's continuing democratic 
development.  The Department of Justice programs are a critical 
element of our bilateral relationship and have led to tangible 
progress in developing the laws, institutions, and practices for 
democratic rule of law in Indonesia. 
 
HEFFERN