[Kabar-indonesia] 6 Tempo Aceh Bill Reports: Passed...Imperfect [+Protests, General Strike]
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JoyoNews at aol.com
Wed Jul 19 01:43:19 MDT 2006
6 Tempo Magazine Aceh Today Reports:
- Passed...Imperfect [The DPR passes the Aceh
Administration Bill, but the JDA plans to propose
a judicial review.]
- Bones of Contention [Aceh has a new government
law. But there are still protests and a general strike.]
- In Line with Helsinki
- Opinion: First Implement, Then Amend
- Catching Complaints
- Events: Billions Needed for Housing;
USNS Mercy Returns to Indonesia
Tempo Magazine
No. 46/VI
July 18 - 24, 2006
Aceh Today
Passed...Imperfect
The DPR passes the Aceh Administration Bill, but
the JDA plans to propose a judicial review.
TEN factions in the House of Representatives (DPR) unanimously approved the
enacting of the Aceh Administration Law, comprising 40 chapters and 273
articles, on Tuesday last week. "This is the momentum to enable Aceh people to start
their development and forget their past," said DPR Speaker Agung Laksono to
journalists following the DPR's plenary session.
The Aceh Administration Law is a realization of the contents of the Helsinki
memorandum of understanding, which was signed by the Government of Indonesia
and the Free Aceh Movement (GAM) for the peaceful settlement of the protracted
conflict in Aceh. This Aceh Administration Law will also serve as a legal
umbrella for Aceh's 2006 regional heads elections.
Aceh Administration Draft Bill Special Committee Chairman, Ferry Mursyidan
Baldan, acknowledged that the law in fact was not flawless, but it was not meant
to be simply satisfactory either. "The law was formulated from the
aspirations and hopes of Aceh society that the people and government of Aceh would
develop life in their special and distinctive status within the unitary state of
Indonesia," he said.
Mixed reactions marked the passing of this law. Acting Governor of Aceh
Mustafa Abubakar stated, "I am sure the law will gain widespread public acceptance
in Aceh."
Spokesperson for the Aceh Monitoring Mission (AMM), Faye Belnis, said AMM
would be studying the provisions in this law to ascertain the absence of any
divergence from the Helsinki MoU.
Despite its approval, the Indonesian Democratic Party of Struggle (PDI-P)
faction questioned if the law would not open the chance of disrupting the unitary
state of Indonesia. This faction also doubted if the law could offer justice
to Aceh society. "Or this may only be a repetition of the old formula," said
PDI-P faction spokesman Sutradara Ginting.
Activists of the Aceh Democracy Network (JDA) openly rejected the enacting of
the Aceh Administration Law. It also plans to propose a judicial review.
"Jakarta is not yet wholehearted in granting authority to regions," said Rufriadi
from the JDA, in Banda Aceh last week. He described the central government's
authority in this law as too great and may disturb the process of peacekeeping.
Minister of Home Affairs M. Ma'ruf said he could understand the negative
response. "This law cannot satisfy all parties," he pointed out.
Ferry Mursyidan noted that the rejection only involved certain articles
rather than the entire law. It was also owing to the lack of complete understanding
of the substance of this law. Nevertheless, added Ferry, the law could still
be amended in spite of its endorsement. -- Aqida Swamurti, Raden Rahmadi, Adi
Warsidi
sidebar: The Problem Articles
Although the DPR has passed the Aceh Administration Law, GAM officials still
describe two articles as stumbling blocks.
Article 8
(1) The plan for international approval directly connected with Aceh
governance which is drawn up by the government shall be realized after consulting and
obtaining the consideration of the Aceh DPRD.
(2) The plan for the formulation of laws directly connected with Aceh
governance by the House of Representatives shall be realized after consulting and
obtaining the consideration of the Aceh DPRD.
GAM disagrees with the use of the term "consideration" but prefers
"approval."
Article 11
(1) The government shall determine norms, standards, and procedures and
conduct supervision over the management of affairs undertaken by Aceh, regency and
city administrations.
GAM considers this article capable of reducing the special status of Aceh.
-----------------------------------------
Tempo Magazine
No. 46/VI
July 18 - 24, 2006
Aceh Today
Bones of Contention
Aceh has a new government law. But there
are still protests and a general strike.
UNDER the bright lights of Anjong Mon Mata, the Governor's Office in Banda
Aceh, the event took place smoothly Thursday last week. Aceh's officials and
political figures were present. On that particular day, the House of
Representatives' (DPR) envoy symbolically handed over the official text of the Aceh
Administration Law to them.
Ratified by the parliament in Jakarta two days earlier, the law had
experienced an uphill struggle. In the wake of the fierce differences of view between
Aceh and Jakarta, the parliament eventually finalized the 278 articles of the
40 chapters. "This is the maximum result we could get," said Ferry Mursyidan
Baldan, Chairman of the Special Committee for the Aceh Government Draft Bill,
when delivering his introductory speech.
The handover ceremony went smoothly, albeit not unanimously. Though invited,
the Free Aceh Movement (GAM) representative was not present at Anjong Mon
Mata. "We refrained from coming," said Munawar Liza, GAM's spokesperson.
GAM is of the view the law was not fully in line with the Helsinki peace
agreement of last August. "We're still studying the details," said Munawar. They
have repeatedly launched protests against the legislation process. They feared
that the legal product might contravene the Helsinki agreement.
A detailed study has not been undertaken yet. Faisal Putra, a GAM official
who is the legal consultant of the movement, said the government had not given
GAM the official text of the law. He sees that a number of articles might end
up in conflict. For example, Article 11, paragraph 1 regarding the nationally
designated standards or norms and procedures, even though the next section does
state that the (central) government will not limit the authority of the Aceh
government. Yet in practice there will be hitches. The article could impede
the region's creativity in luring investors. "In the end, there will surely be
permit from a certain department," said Faisal.
The division of natural resources becomes a subject of contention as well. To
GAM, the regulations concerning oil and gas management are not in line with
the Helsinki MoU. As a matter of fact, oil and gas is essentially an economic
matter. "So, it does not belong to the six-point authority of the central
government," said Faisal. The rules about Jakarta's authority regulate only six
matters, namely, foreign policy, defense, security, justice, national monetary,
fiscal, plus certain religious affairs.
In view of its potential for conflict, the law was discussed by the Aceh
Monitoring Mission (AMM). In keeping with the MoU, the AMM had to guide the
process of the formulation of the Aceh Administration Law. At the Commission on
Security Arrangement (COSA) meeting held in Banda Aceh Wednesday last week the
matter became a hot topic of discussion. The Indonesian government was
represented by Communication & Information Minister Sofyan Djalil, Indonesian
representative in the AMM Maj. Gen. Bambang Darmono, and Iskandar Muda Military
Commander Maj. Gen. Supiadin.
Present from the GAM camp were M. Nur Djuli, Bachtiar Abdullah, Mukhsalmina,
and Irwandi Yusuf. AMM Chairman Pieter Feith was the mediator of the meeting.
Sofyan Djalil agreed that the law must be re-examined by GAM and the AMM.
According to him, now Aceh has broader room for movement. In fact, qanun (regional
regulations) play a greater role, as they are 94 in number. "There are only
two government regulations, the three others are presidential decrees," said
Djalil.
It is not only GAM that protested. When the law was ratified, a peaceful
general strike took place. The Center for Aceh Information and Referendum (SIRA)
called on Aceh residents to stop activities for half a day throughout Aceh. "We
want Jakarta to know that the law is not aspirant," said Taufik Abda, the
coordinator of the general strike.
Even though not every town joined the strike, some people in Pidie, North
Aceh, East Aceh, and Bireuen made a point of stopping their activities. Bus
terminals were deserted, and markets were closed half a day. Feeling that their
target had sufficiently been met, the strike committee disbanded itself. "We will
continue the struggle in a peaceful manner," said Taufik.
As a matter of fact, not every part of the law is defective. According to Nur
Djuli, they only discussed the unacceptable parts. Decision to reject them
will be made if there are points that truly violate the Helsinki MoU. In case of
conflict over the law, the matter will be taken to the AMM.
Though the AMM itself has not yet taken any stance over the issue, Feith,
perceiving an initial impression, said, "In principle, the law is in accordance
with the memorandum of understanding." The AMM also appreciated the hard work
of the DPR. However, the exact stance of the respective sides will be decided
in their next meeting. -- Nezar Patria, Adi Warsidi (Banda Aceh)
--------------------------------------
Tempo Magazine
No. 46/VI
July 18 - 24, 2006
Aceh Today
In Line with Helsinki
THE Aceh Monitoring Mission (AMM) welcomed the passing of the Aceh
Administration Bill into law by the House of Representatives (DPR) on Tuesday last week.
For its evaluation, it would take time for AMM to study the law. "The first
impression of AMM is that in principle, the Aceh Administration Law already
conforms to the Helsinki memorandum of understanding," said Pieter Feith,
Chairman of AMM, in a joint press statement following the 38th meeting of the
Commission on Security Arrangement (COSA) in the Governor's hall in Banda Aceh on
Wednesday last week.
The meeting particularly discussed the law newly ratified by the DPR. Besides
Feith, attending the session were Minister of Communication & Information
Sofyan Djalil, Indonesian representative in the AMM Bambang Darmono, and Iskandar
Muda Regional Military Commander Maj. Gen. Supiadin. The Free Aceh Movement
(GAM) was represented by Nur Djuli, Bakhtiar Abdullah, and Irwandi Yusuf.
During the meeting, said Feith, all sides voiced their views about the law.
The Indonesian representatives made a detailed explanation, as did the GAM
delegates.
The AMM Chairman did not overlook the arguments for and against the law from
the Aceh public. As reported, some elements of society in Aceh protested
against the passing of this law for being described as less reflective of public
aspirations. GAM belongs to this group. Meanwhile, activists of the Aceh
Democracy Network (JDA), while rejecting the ratification and planning to request a
judicial review of the law, also called for a general strike. According to
Feith, all sides basically will continue to hold discussions and exchange views.
What decision will be made is to be dealt with in the next COSA meeting. "The
important thing is how to keep the peace process running," he indicated.
Feith expressed AMM's appreciation for the performance of the DPR, which
produced this law. In his view, the parliament of any democratic country works
independently without pressure in order to create a product that serves public
interests.
Nur Djuli agreed. GAM, he said, would need time to study the Aceh
Administration Law. "The comments before the passing of this law were only assumptions,
in this case or in that case," remarked Nur Djuli.
In order to examine its contents, GAM will discuss the new Aceh
Administration Law with lawyers. However, in general, added Nur, some provisions could be
accepted while others could not.
Indonesian representative Sofyan Djalil agreed with GAM and AMM.
A number of Aceh's civil elements continued to seek a judicial review of the
law. Taufik Abda, on behalf of the civil component of Aceh, said he was not
satisfied with the contents of this law. He noticed some part of the law was in
conflict with the Helsinki MoU.
On the other hand, a former member of the Aceh Administration Draft Bill
Special Committee, Farhan Hamid, indicated that no part of the law was opposed to
the Constitution.
According to a constitutional law expert of Andalas University, Saldi Isra,
the plan for a judicial review should be based on solid arguments. "Which part
is questionable should be supplied with strong grounds," he maintained.
In the meantime, the transfer of the new Aceh Administration Law proceeded
according to plan. On Thursday last week, the law that is expected to settle the
protracted conflict in Aceh was turned over to Aceh society by the Aceh
Administration Draft Bill Special Committee in Anjong Mon Mata, Banda Aceh. It was
symbolically handed over to Acting Governor of Aceh, Mustafa Abubakar, Aceh
Regional House of Representatives (DPRD) Speaker, Sayed Fuad Zakaria, and
Regional Police Chief, Insp. Gen. Bachrumsyah. The ceremony was witnessed by AMM
representative J. Christensen and several Aceh community figures. None of the GAM
side, however, was present on the occasion.
Besides expressing his gratitude, Acting Governor Mustafa also described the
DPR as having accommodated Aceh people's aspirations as contained in the draft
proposed by the Aceh DPRD and the points of the Helsinki MoU. "If there are
those who are not so pleased or even unsatisfied with the law just passed, it
can be understood," he said.
The Aceh Administration Law is expected as a solution to the Aceh conflict
and a vital key to assist Aceh's reconstruction. -- Adi Warsidi, Aqida, Aguslia
-------------------------------
Tempo Magazine
No. 46/VI
July 18 - 24, 2006
Opinion
First Implement, Then Amend
The Aceh Administration Law may not be perfect, but it seems to be instantly
workable. In a democracy, change by peaceful means is always possible.
THE essence of democracy is the ability to compromise, and the people of Aceh
are now being tested. The House of Representatives (DPR) has just passed the
Aceh governance bill into law, and some in Indonesia's westernmost province
view it as imperfect. This is their right, but how they react to it is another
matter.
These people have three alternatives. The first is to oppose it actively,
which has the potential to end in breaking the law. The second is to oppose it
passively, which could lead to apathy. Meanwhile the third option is to accept
it initially while looking for an opportunity to improve on it at a later time.
This magazine hopes that the third option is the one chosen. If it is, it
will mean that democracy is thriving in the newly peaceful region. Whether one
agrees with it or not, the Aceh Administration Law is a result of a democratic
process. The fact that several articles have fallen short of the Helsinki
agreement cannot be used as a reason to reject it. During the negotiations in the
Finnish capital, the Indonesian government could not guarantee that all the
points in the agreement would find their way into a law. Rather, the government
promised it would "try as hard as possible."
The government took this stance not because it wanted to deceive the other
side, but because the democratic system does not allow the government to dictate
to the DPR. And events showed that in drafting the law, the government's team
was very serious in its efforts to produce a draft that would be in
accordance with the Helsinki agreement. However, laws are always a result of a
compromise.
The government's political opponents at the DPR were concerned that some
points in the Helsinki agreement would be used as "Trojan horses" by the Acehnese
separatists. Clearly, the government could not ignore these concerns, given
its mandate to preserve the unity of the republic.
If critics of the Aceh Administration Law really want to be consistent in
their desire to apply the Helsinki agreement, namely obtaining the greatest
possible autonomy for Aceh within the framework of the Unitary Republic of
Indonesia, they will have the patience to accept and implement the Aceh Administration
Law. This stance would help the government convince its political opponents
in the DPR that their concerns about "Trojan horses" are baseless.
Patience is also needed in implementing the law as soon as possible because
99 regulations are still needed, to ensure that the law can be implemented in
the context of the Acehnese people's daily lives. Apart from three presidential
decrees and two government edicts, a total of 94 qanan (bylaws) are needed.
These laws need to be drafted by the Aceh Regional House of Representatives,
and should involve as many representatives of the local population as possible.
This will be quite a job. Aceh will become a stage on which democratic
processes will be at work. The people of Indonesia, and the whole world, will be
following developments there very carefully. Aceh used to be known as an "asset"
for Indonesia because of its extraordinary material and moral contribution to
the Indonesian independence struggle. Today, it has the opportunity to present
itself as an open "model of democracy" to its fellow nationals.
We are certain that the people of Aceh will not disappoint us.
-----------------------------------
Tempo Magazine
No. 46/VI
July 18 - 24, 2006
Aceh Today
Catching Complaints
THAT day the fishermen did not go out to sea. They just sat, chatting in a
storehouse on Sunday morning in early June in the town of Calang. They were
engaged in a variety of activities. Some were cleaning engines, while others
repaired torn nets. Still others were just enjoying their cigarettes.
The storehouse looked messy. Several jerry cans of diesel oil were scattered
in front, while fish boxes were used as seats. Traces of the tsunami were
still visible here and there.
The storehouse looked more like a shack in its dilapidated condition.
Measuring about the size of two small rooms, with roofing from zinc plates, it was
constructed with wood left over from the tsunami. It was full of seafaring
equipment, such as nets, engines, and fuel oil. "This is a temporary boat shelter,"
said Bismar, a 35-year-old local fisherman.
Toward noon, more and more fishermen arrived. They looked as if they were not
about to go to sea that day; they were wearing ordinary clothes, while
bringing with them construction tools. That impression proved true. Bismar said the
men were assembling to build a new structure that would serve as a fish
unloading site and, at the same time, a storehouse to replace the existing one. "The
new building will be set up over there," he pointed.
The new storehouse will be located less than 100 meters from the present one,
right across the street from the building of the Calang Regional House of
Representatives (DPRD), now still an emergency structure.
Like the DPRD building and the old storehouse, the projected new warehouse is
far from luxurious in outlook. Like the old one, it is made of wood. The only
difference is that the construction material for the new warehouse is new
wood, not leftover wood from the tsunami.
That there were limitations was obvious when several men removed zinc plates
from the old structure to be used on the new storehouse. The reason for the
relocation is that the new structure will be close to a small estuary-just 10
meters away-where boats used to land. Local residents named the new location
Lhok Calang.
The new site is on a small estuary. When it is in ebb, the tip of the estuary
is shallow, full of sand, so that fishermen who want to land have to drag
their boats, turning off the engines. "The estuary is very shallow, so it is very
difficult to land here," said Bismar.
Another obstacle is the narrowness of the landing site, only 6 meters wide.
On both banks, the sea was dammed with mountain rocks. The fishermen have
called on the government apparatus to widen the landing site, but so far to no
avail.
As a matter of fact, there is another site for the Calang fishermen to land,
namely at Batee Tutong, some 1.5 kilometers from the new location. That site
is rather expansive and deep, so that big boats can land there. However, the
men reject this place for reasons of security.
According to Bismar, at Batee Tutong there is no facility for safekeeping
boat engines after they return from the sea. There is no storehouse at the rather
deserted place. At Lhok Calang, on the other hand, security for storing the
boat engines as well as excess fuel oil from the fishing trips is ensured, what
with the storehouse being located next to the Calang Police Resort Office.
The Calang sea is rich in fish as well as lobsters. Over 45 fishermen make
their living there. According to Darwis-another fisherman-all boats used in the
area came from donations. They are equipped with 16-24 HP engines. In all,
some 20 boats often fish in the area.
Darwis admitted that much aid in the form of fishing gear had been
distributed at Calang, including boats and nets. The problem is, "some fishermen have
not received the aid whereas some residents who are not fishermen have received
boats," he said.
There were even cases in which non-fishermen sold the boat engines they had
received in aid. One engine of the above capacity could fetch Rp5-7 million.
Such cases happened, he said, although, actually donated engines were not
allowed to be sold and non-fishermen who had received them were obliged to pass them
on to the fishermen.
M. Tamin, another fisherman, added that there were also cases in which boats
donated by the local social affairs service were sold by members of the
traditional sea community. "The aid is not clear, not target-effective, and not
transparent," he noted.
This unclearness made the fishermen angry. When at one time, Adli Abdullah,
head of the Aceh Sea Tradition, happened to visit Calang and met with the
fishing community, the issue was reported to him, Adli immediately asked Jumadi,
head of the Calang Sea Tradition, to investigate report.
Adli admitted that he often heard such reports, not only from Calang, but
from other coastal areas as well. Proof of this, he said, is that some 8,000
boats in aid have been distributed to all corners of Aceh that had been hit by the
tsunami, whereas actually only 7,000 had been damaged. "So, while there
should have been an excess of boats from donations, there are not enough, and many
fishermen keep asking for boats as aid," he noted.
In the case of Calang, he said, he has asked the community to immediately
report to the police whenever they find indications of misuse in the distribution
of boats. "No matter what form the aid takes, if any abuse is found in its
distribution, I order that the matter be reported to the police," he said.
In the same way that the town of Calang is still asleep, its fishermen are
still prostrate in comparison with those in other areas that also had been
ravaged by the tsunami. Yusran, head of the Calang Town Youths, appealed to the
government as well as the Aceh-Nias Rehabilitation & Reconstruction Agency (BRR)
to give more serious attention to Calang. "Calang, or Aceh Jaya for that
matter, is the hardest hit area," he pointed out.
In his view, there are two things that the fishermen are asking for, namely
widening and dredging of the landing sites of boats, and more transparent
distribution of aid. All that is meant to ensure that the fishermen in the
still-rich sea can recover as soon as possible, he explained.
By afternoon, the men reassembled to complete the new storehouse at Kuala
Lhok Calang. That day, they did not go out to sea, but began building the new
storehouse.
-- Adi Warsidi
----------------------------------------
Tempo Magazine
No. 46/VI
July 18 - 24, 2006
Aceh Today
Saudi Provides Medical Equipment for Military Hospital
THE Saudi Arabia Red Crescent in cooperation with Aceh's PMI on Wednesday
last week handed over medical equipment to the Iskandar Muda Military Command
Hospital in Banda Aceh.
Saudi Arabia Red Crescent Vice President Director, Salem Suleiman Al-Ahmad,
during the symbolic handover, said other medical equipment promised by Saudi
Arabia would meet the hopes of the Iskandar Muda Military Command Hospital that
at the moment badly needs additional medical facilities to replace obsolete
equipment.
The Saudi people and government have paid great attention to help alleviate
the suffering of the earthquake- and tsunami-stricken Aceh people. The aid
given to Aceh is not only for the hospital but also for education, housing, and
other public facilities.
Head of the Hospital, Col. Gunawan Irianto, said on the occasion he welcomed
the aid given to the hospital. The medical equipment donated by Saudi Arabia
is, among others, ICU/ICCU equipment, beds, operating theater lamps, and
several other types of equipment.
BRR Needs Extra Billions for 10,420 Houses
AT the moment the Aceh-Nias BRR needs an additional fund of Rp604.360 billion
to be used for building 10,420 houses.
"This year, we need funds for the construction of 10,420 houses at
Rp58million per unit," said BRR Chairman Kuntoro Mangkusoebroto following a meeting
evaluating the Aceh rehabilitation and reconstruction process at the Vice
President's Office, Thursday, July 13, 2006.
According to Kuntoro, in addition to building homes for refugees, BRR also
prioritizes the construction of infrastructure, such as ports, bridges, and
roads. For major ports, he added, two ports-Meulaboh and Malahayati-have been
completed. "Three more ports should be built, namely Gunung Sitoli in Nias, Calang
and Sinabang." For the entire infrastructure a fund of Rp2 trillion is
required.
In the meeting, Kuntoro also reported that the construction of 9,902 houses
had been contracted to 981 local contractors. For this year, he added, it is
planned that 78,000 houses will be built, with the specifications that 40,000
will be constructed using State Budget funds (6,000 of which will use ADB
funds), and 38,000 will be built by donor countries as well as the assisting NGOs.
USNS Mercy Returns to Indonesia
THE US naval hospital ship USNS Mercy returned to Indonesia July 12, arriving
off the coast of Simeuleu, Aceh, to provide humanitarian assistance to local
communities. This is the first in a series of visits the hospital ship will
make throughout Indonesia in the coming weeks.
Working closely with the Indonesian Military, non-governmental organizations,
and local medical care professionals, the Mercy's team of doctors and
healthcare providers will conduct medical, dental and civic action programs both
onshore and at sea. In addition, the Mercy team will work with Indonesian medical
schools, hospitals, and public health programs to provide training that will
have long-term benefits for the participants and their communities.
The visit builds upon the ship's successful deployment to the region after
the devastating tsunami that struck in 2004.
In addition a small team of Sailors from the Naval Construction Force
(Seabees) are traveling with the ship and they will carry out repair and minor
construction projects to improve medical and sanitary conditions in local
communities. An array of US and Indonesian government officials, military and civilian
agencies have been working closely to arrange the ship's return to Indonesia.
Profile of the Week: Bundesanstalt Technisches Hilfswerk
THE Bundesanstalt Technisches Hilfswerk (THW) is the governmental disaster
relief organization of the Federal Republic of Germany. THW was founded in 1950
by Otto Lummitzsch and Gustav Heinemann from the German Federal Ministry of
the Interior. Its statutory tasks include the provision of technical assistance
at home and humanitarian aid abroad. Today, more than 40,000 volunteer
technicians, engineers and specialists in other fields, as well as roughly 850
full-time employees work for the federal THW organization.
When the December 2004 tsunami hit Aceh, THW directly provided help and
assistance to the victims. They began with the repair and reconstruction of the
water supply system and wells, and reconstruction of the waterworks. THW,
supported by the German Foreign Office, set up a drinking-water treatment facility
that can provide for up 30,000 people daily. THW also did the rehabilitation of
the city council, and the rehabilitation and reconstruction of several
schools.
However, THW does not just provide help and assistance in Aceh but also in
Simeulue. The island of Simeulue near the coast of Sumatra is one of the poorest
regions of Indonesia that was struck by tsunami and earthquake. Since March
2005, THW has been in action in Simeulue on behalf of the service for
humanitarian aid of the European Commission (ECHO), repairing and rebuilding the water
supply system.
The THW project on the island is being implemented according to the principle
"Support for self-support." Under the guidance of THW engineers, residential
companies and construction enterprises are laying around 50 kilometers of
pipes from the Indonesian mainland and are setting up a total of 94 water tanks.
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Joyo Indonesia News Service
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