Thursday, October 8, 2009

AVOID PROVOCATION IN AMBALAT WATERSMUHYIDDIN I SEE WITH UTMOST CLARITY Oct. 8 as the date Confrontasi dua Benteng Demokrasi Rakyat to invade Malaysia


Message to Anifah Aman and Wisma Putra Bilateral Relations with Indonesia is not Mongolia. Manohara is no Altantuya Shaaribuu

Message to Anifah Aman and Wisma Putra Bilateral Relations with Indonesia is not Mongolia. Manohara is no Altantuya Shaaribuu


Bilateral Relations with Indonesia: Ambalat, Manohara, Indonesian Labour and Other Issues

manoharaJAKARTA,June 4, 2008— It usually blows hot and cold in Indonesia-Malaysia ties. And it has turned decidedly chilly here over two issues — a longstanding territorial dispute over Ambalat, off Borneo, and the runaway Indonesian teen wife of a Kelantan prince.

The Indonesian media has been swamped with daily front-page stories and television talkshows about the latest “intrusion” into Ambalat by Malaysian warships, and the teenage model Manohara Odelia Pinot who claimed to have been abused by her husband.

In the midst of the Indonesian presidential campaign, Dr Susilo Bambang Yudhoyono himself commented on both issues on Tuesday. The President vowed there would be no compromise on Indonesia’s sovereignty over Ambalat, and expressed his concern over the model’s troubles.

Said analyst Bantarto Bandoro of the University of Indonesia: “Indonesians tend to view the two issues from purely nationalist eyes. It is only natural that nationalist sentiments are whipped up and anti-Malaysia sentiments are fanned.”

The Ambalat issue flared up again when Indonesia’s navy claimed it intercepted a Malaysian naval vessel encroaching 12 nautical miles into Indonesian waters in the Sulawesi Sea last Saturday. The disputed area is an oil-rich region.

Media reports here, quoting a naval spokesman, said Indonesian vessels were on the verge of opening fire on the Malaysian ship, which was chased back into Malaysian waters off Sabah. Kuala Lumpur has not commented on the incident.

Jakarta claimed it was the ninth “encroachment” this year. Indonesian Foreign Ministry spokesman Teuku Faizasyah said talks over the Ambalat issue with Malaysia had been on hold since April last year. “We are preparing a protest note to be sent to Malaysia” over the latest incident, he added.

Indonesian activists yesterday gathered in front of the Malaysian Embassy in Jakarta, protesting against the alleged mistreatment of Indonesian workers by Malaysian employers and referencing it to the Ambalat dispute, French news agency Agence France-Presse reported.

The case of 17-year-old Manohara Odesia Pinot, who at the weekend claimed to have “escaped” from her husband of nine months, the Kelantan prince, also elicited a stream of bad vibes in the local media and the Internet. Many expressed anger at the Malaysians, repeating past contentious issues between both sides.

These include the controversy over what Indonesia sees as Malaysian claims of ownership of the folk song “Rasa Sayang”, claims over batik and Javanese mask dance reog ponorogo, as well as alleged abuse of Indonesian workers in Malaysia.

Comments in the media on Ambalat and Manohara have focused on getting the authorities to take a hardline stance against Malaysia. One blogger, Arman Effendi, said: “It is still fresh in our minds the loss of Sipadan and Ligitan islands (to Malaysia) and the exploitation of Indonesian migrant workers.”

The oil blocks in Ambalat are close to Sipadan and Ligitan islands, whose ownership was disputed for years by Indonesia and Malaysia. The International Court of Justice awarded the islands to Malaysia in 2002.

Shortly before returning to Indonesia from the Asean-South Korea summit, President Bambang Yudhoyono told Indonesian reporters that Jakarta would not tolerate Malaysia’s claim over Ambalat. “Malaysia’s claim is unacceptable because the area is within Indonesia’s territory,” he said. “There will be no compromise but we will resolve the matter without risking peace and the relationship between Indonesia and our neighbouring country, Malaysia.”

On the Manohara case, he said he had told Foreign Minister Hassan Wirajuda and Indonesia’s Ambassador to Malaysia Dai Bachtiar to look into it. “I told them to handle this issue fully and to be aware of the line between domestic affairs, spousal — or family — issues and human rights violations,” the Jakarta Globe quoted him as saying on Tuesday.

Both issues have also been taken up by parliamentarians, with deputy parliamentary commission chairman Yusron Ihza Mahendra saying yesterday that they were matters of concern. Saying that Parliament would also summon Wirajuda for an explanation, Yusron said: “We don’t consider the Manohara case as a domestic issue. She is an Indonesian citizen who deserves to be protected. The Ambalat case is also getting hotter now. The manoeuvres by Malaysian naval vessels in Ambalat are acts of belittling Indonesia.”

Deputy Speaker Muhaimin Iskandar took a more hardline approach, warning that if Malaysia “continues to be difficult”, the Indonesian Parliament would approve confronting foreign intruders. — Straits Times, SingaporeWEDNESDAY, JUNE 3, 2009

BEAUTY & THE BEAST ~ Malaysian style?


Probe allegations against Kelantan prince
Letter to Malaysiakini from Frankly Xroy | Jun 2, 09 5:38pm

I refer to the Malaysiakini reportManohara: I was treated like an animal.

In the first place Prime Minister Najib Abdul Razak who, according to your reports, knew this prince, was shielded from the Indonesian press seeking answers from him during his recent trip to Jakarta.

Secondly you report that she was raped at the age of fifteen. If indeed there was any form of sexual relations with her at that age where penetration took place, regardless if there was consent or not on her part, it is rape. Sexual intercourse with a minor is statutory rape and if that is the case, it has to be treated accordingly.

Apparently our deputy prime minister does not see the real issue here – it is no longer a ‘personal problem.’ It is an allegation of abduction and rape and those are criminal acts and the prince is not immune from criminal prosecution if this is the case.

The intervention of the Indonesian and American officials coupled with the assistance of the Singapore police in this case goes to show that this is not merely a ‘personal problem’ as suggested by our deputy prime minister – it goes further than that.

This attitude of our top brass has now been ingrained in their mindset in that all these things seem to trifle for them and that there is no need to interfere. We have had too many of such incidents here where they seem to accuse innocent people of heinous crimes and overlook the really serious allegations.

The name of the nation is at stake as a royal prince has had criminal allegations made out against him. There have been allegations of a person attempting to inject Ms Manohara Odelia Pinot with a substance, there have been reports that the prince was shouting at her when she left and there have also been reports that the prince allowed her to leave.

I am sure we can have independent testimony for the same from the Singapore police, the American officials and the Indonesian officials.

‘To date, we have not been dragged into it, so we want to leave it as it is,’ the Malaysian deputy prime minister told reporters in Kuala Lumpur, AFP reported.

However, he did not say that at an earlier stage, the prime Minister of Malaysia steered himself clear of the press regarding this issue in Indonesia.

Even if the Indonesian president ‘arranged’ it, out of sheer respect for the Indonesian people, he (the prime minister) should have met the Indonesian press.

The Malaysian deputy prime minister should also be aware that Manohara’s mother was refused entry into Malaysia and that the official mouthpiece of the government carried an article of Ms Pinot smiling in the presence of the prince indicating all was alright.

The government needs to investigate the allegations of criminal assault, statutory rape, or rape whichever the case may be, abduction and the drugging of a person in captivity on one side and malicious talk against our royalty on the other.

This has to be done transparently to ensure our good name is kept intact.

Whether this government is capable of such an exercise after all the recent events in this country is something we are not too confident about.

Will our foreign minister want to go back to Washington again and meet with Hillary Clinton?

Manohara Odelia Pinot (right) with her sister Dewi Sari Asih


Alleged royal violence not a ‘personal matter’

Prema Devaraj | Jun 2, 09 5:36pm

We refer to the Malaysiakini report Manohara: I was treated like an animal.

The Women’s Centre for Change Penang (WCC) views with great concern the allegations made by Indonesian teenager, Manohara Odelia Pinot regarding the physical, emotional and sexual violence she has endured in her marriage to Kelantan Prince, Tengku Temenggong Mohammad Fakhry.


WCC is glad to see that the Foreign Affairs Ministry has offered to help if Manohara files a complaint and we would strongly encourage Manohara to file a complaint, as well as lodge a police report so that investigations can commence.

Domestic violence is a criminal offence. Under the Domestic Violence Act (1994), domestic violence includes causing or threatening to cause physical injury, confining a person, damaging property or forcing a person to do something she can legally refuse to do.

A person found guilty of committing these acts can be charged under the Penal Code.

Domestic violence has been increasing steadily in recent years. In 2007, there were 3,756 cases of domestic violence reported to the police nationwide. These figures are said to only represent the tip of the iceberg as many victims tend to keep silent over the abuse they receive.

Many are ignorant of the Domestic Violence Act (1994) which can actually help protect victims from further abuse.

WCC views with deep concern the comments made by the Deputy Prime Minister Muhyiddin Yassin regarding Manohara’s allegations.

He was reported as saying “…this is more a personal matter’ and ‘…so we want to leave it as it is.”

Manohara and Asih

WCC would like to stress that domestic violence is not a personal matter, but is of public concern, given that it is a crime.

To have a Malaysian leader trivialise allegations of domestic violence indicates that violence against women is still not understood nor taken seriously.

Given the Malaysian government’s commitment to the passing of the Domestic Violence Act (1994) and as a signatory to the UN Convention on the Elimination of All Forms of Discrimination Against Women, the government is duty bound to investigate these allegations.

The writer is programme director, Women’s Centre for Change, Penang (WCC).

-WE SHOULD BE CHARGED TOMORROW!

ON 7 MAY 2009, 69 of us were arrested. During the full-day interrogation I have not been told why I was being arrested. Today I still do not know why they arrested me. But tomorrow morning at the Magiostrate Court in Ipoh, if I am being charged I will definitely know why I was arrested. Until tomorrow I am still ignorant. But they should charge us, yes?

Jong our Ipoh candle-light vigil friend informed me that we meet at DAP HQ as DAP lawyers will be on hand to help us through this process. The court convenes at 10:00am. If not for Jong I would be heading straight to court. I remember giving my details to Janice Lee. Maybe they only inform DAP members? This I doubt.

Tonight Helen Ang and I will leave KL at 10:00pm. Gus Gan, without any request decided that he would drive us to Ipoh. Thats friendship, sticking with your friends through thick and thin. Thanks Gus, thanks so very much.

And thanks Jong for giving Helen a bed tonight. We don’t want to have her with us in our hotel room because she would not understand our nocturnal overtures…..like intense snoring……

Walaupun masih belum menerima penghujahan bertulis keputusan Mahkamah Rayuan 22 Mei yang mengesahkan Dr Zambry Abd Kadir sebagai Menteri Besar, namun ini tidak menghalang langkah Mohammad Nizar Jamaluddin untuk memfailkan rayuan kepada Mahkamah Persekutuan.

“Kita masih belum menerima penghujahan bertulis daripada Mahkamah Rayuan. Walau bagaimanapun setelah berbincang dengan peguam pihak kami akan memfailkan rayuan kepada Mahkamah Persekutuan pada hari Isnin 8 Jun depan,” kata Nizar.

Tambahnya pasukan peguam beliau akan memohon agar rayuan beliau akan didengar oleh panel penuh sembilan hakim.

Hakim Mahkamah Rayuan Md Raus Sharif sebelum ini berkata penghakiman bertulis akan dikeluarkan pada 29 Mei.

Bagaimanapun faks daripada pejabat Mahkamah Rayuan memberitahu bahawa mahkamah tersebut masih dalam proses menyediakan penghakiman bertulis tersebut menurut peguam Nizar, Leong Cheok Leng.

“Kita berharap akan menerima dokumen tersebut pada minggu ini supaya kami dapat bersedia untuk proses rayuan kepada Mahkamah Persekutuan,” katanya.

Nizar mempunyai tempoh masa sebulan daripada tarikh keputusan secara lisan untuk memfailkan rauian beliau.

Beliau akan mengangkat sumpah sebagai Ahli Parlimen Bukit Gantang apabila Parlimen menyambung sidang 15 Jun depan.If things had gone as planned in 1986, the conservative Alabama prosecutor would have been confirmed to a lifetime appointment to a federal judgeship. But allegations of racism cast Sessions as a throwback to the Jim Crow South, and the Senate Judiciary Committee voted down his nomination. Stunned and embarrassed, Sessions returned home to Mobile as a man undone.
Soon he turned to politics, was elected to the Senate and joined the very committee that denied him a seat on the federal bench. He ascended from behind the scenes to the panel’s top Republican spot, and it now falls to him to weigh the GOP’s competing interests and political calculations while guiding the fractured party through the upcoming confirmation hearings of Supreme Court nominee Sonia Sotomayor. Yesterday, the judge went to the Capitol for private meetings with Sessions and other key senators.
With her nomination, race (and ethnicity) once again looms as a major subplot. This time, though, Sessions is on the other side of the rostrum, and there are some who wonder how he will handle it. Will Sessions go after Sotomayor the way Senate Democrats vilified him long ago? Or has the experience made him more empathetic to nominees who face tough questioning?
“I’ve felt sorry for the poor person in the pit getting grilled,” Sessions said in a recent interview. “I don’t think you’ll find that I’ve abused any witness. And I don’t like vindication.”
Sotomayor, facing pressure from lawmakers to explain her comments from 2001 that her Latina identity matters in how she reaches conclusions, told Democratic and Republican senators yesterday that she would follow the law.But it was a Democrat, Sen. Patrick J. Leahy (D-Vt.), chairman of the Judiciary Committee, who pressed her most directly to clarify her remarks. Leahy said that she told him, “Of course one’s life experience shapes who you are,” but that she added: “Ultimately and completely, a judge has to follow the law, no matter what their upbringing has been.”
Sessions said Sotomayor — who will resume her visits with lawmakers today — used similar language with him, but he conceded, “I don’t know that we got into that significantly.” Rather the two spent more time discussing “the moral authority of laws and judges.” He said he “enjoyed the conversation.”
Jefferson Beauregard Sessions III, 62, is an unlikely choice to be the face of the GOP at such a critical juncture. At times, he has appeared uncomfortable in the spotlight. When Sotomayor visited his office yesterday, the white-haired senator who speaks with a heavy Southern accent sat before a throng of cameras clutching his hands together and nervously tapping his right foot.
As the committee’s ranking Republican, taking over after Sen. Arlen Specter (Pa.) switched parties this spring, Sessions sets the priorities of a party already facing a deep split between conservatives and moderates. He is considering comments by radio host Rush Limbaugh and former House speaker Newt Gingrich (Ga.) that Sotomayor is racist, but he also is conscious of turning off Latino voters by questioning Sotomayor too aggressively.
And then there is the political reality: Sessions has just one vote, and Republicans have seven, on a committee of 19.
“It’s a tough job because you’re the principal negotiator and point man for your party,” said Sen. John Cornyn (R-Tex.). “But Jeff is not a shrinking violet by any stretch of the imagination.”But it was a Democrat, Sen. Patrick J. Leahy (D-Vt.), chairman of the Judiciary Committee, who pressed her most directly to clarify her remarks. Leahy said that she told him, “Of course one’s life experience shapes who you are,” but that she added: “Ultimately and completely, a judge has to follow the law, no matter what their upbringing has been.”
Sessions said Sotomayor — who will resume her visits with lawmakers today — used similar language with him, but he conceded, “I don’t know that we got into that significantly.” Rather the two spent more time discussing “the moral authority of laws and judges.” He said he “enjoyed the conversation.”
Jefferson Beauregard Sessions III, 62, is an unlikely choice to be the face of the GOP at such a critical juncture. At times, he has appeared uncomfortable in the spotlight. When Sotomayor visited his office yesterday, the white-haired senator who speaks with a heavy Southern accent sat before a throng of cameras clutching his hands together and nervously tapping his right foot.
As the committee’s ranking Republican, taking over after Sen. Arlen Specter (Pa.) switched parties this spring, Sessions sets the priorities of a party already facing a deep split between conservatives and moderates. He is considering comments by radio host Rush Limbaugh and former House speaker Newt Gingrich (Ga.) that Sotomayor is racist, but he also is conscious of turning off Latino voters by questioning Sotomayor too aggressively.
And then there is the political reality: Sessions has just one vote, and Republicans have seven, on a committee of 19.
“It’s a tough job because you’re the principal negotiator and point man for your party,” said Sen. John Cornyn (R-Tex.). “But Jeff is not a shrinking violet by any stretch of the imagination.”Sessions has promised a rigorous review of Sotomayor’s record and warned that there may be a “drop in deference to the president” because he said Democrats were “very, very aggressive” in questioning President George W. Bush’s nominees. He also is resisting calls from Obama and Leahy to confirm Sotomayor by Aug. 7, when the Senate breaks for a recess. Yesterday, he said he wants hearings to take place in October.
Beloved by conservatives, Sessions has been a vocal opponent of allowing undocumented immigrants the chance to become U.S. citizens. But unlike many of his colleagues on the panel, he lacks a national profile and a signature issue. Some in Alabama describe Sessions as “vanilla.”
Yet what the 5-foot-5 senator lacks in bravado, he makes up for in discipline, practiced over hours as a Sunday-school teacher at his family’s Methodist church, 14 years in the Army Reserve and decades as a lawyer. An early riser, he often goes to the Capitol gym before 7 a.m., running on the treadmill and hashing over bills with Cornyn.
Known as a nuts-and-bolts senator, Sessions arrives at committee meetings having done his homework, colleagues said. The Boy Scout motto, “Be Prepared,” is engraved on a stone on his office desk.
His steady handling thus far of the Sotomayor nomination has earned praise from across the aisle.
“We may well disagree on the final outcome of the nomination, but I think he’s handled it in a very statesmanlike fashion,” Leahy said.
Sessions’s courtroom experience lends credibility to his arguments, his Republican colleagues said. As someone who supports a strict interpretation of the Constitution, he believes that no judge should be swayed by personal or political allegiances, and he takes issue with Obama’s statement that judges should have “empathy . . . with people’s hopes and struggles.” Sessions called this a “postmodern infection” that threatens law.
“We need to articulate why it’s important that judges show restraint and that every American can believe that when they call that ball a ball and that strike a strike it was an honest call, not because they were pulling for one side or another,” he said.
If Sotomayor’s America is the South Bronx in New York, then Sessions’s is Hybart, Ala. The two locales couldn’t be more different. Sotomayor chased her dreams as a Latina in the city projects, playing loteria, a card game, with neighborhood kids. She once bragged about her cultural taste in food as a young lady, eating such delicacies as pig intestines, pigs’ feet with beans, and pigs’ tongue and ears.
Sessions, meanwhile, came of age in a vast, bucolic land. He grew up in a modest country house and went hunting and fishing. He worked with his father around the general store the family owned. Every bit the good Alabama boy, Sessions became an Eagle Scout just before enrolling at Huntingdon College, a small Methodist school in nearby Montgomery.
In the 1960s, as the world around him changed dramatically, Sessions said he was disengaged from the civil rights movement, becoming engrossed instead with the conservative politics of the National Review. He said he regrets not having taken a lead in fighting for civil rights.
“I guess I was more like the average Alabamian,” he said. “Most of my contemporaries, including myself, we probably could have been more affirmative in taking stands on those issues.”
Sessions said the Hardy Boys and Nancy Drew books and the TV show “Dragnet” inspired him to become a lawyer. (Sotomayor, too, cites Nancy Drew novels as an inspiration.)
After President Ronald Reagan appointed him U.S. attorney in Mobile in 1981, Sessions brought charges of voter fraud against three black civil rights activists, including a former aide to the Rev. Martin Luther King Jr. They were acquitted.
In 1986, Reagan nominated him for the federal bench, and accusations of racial insensitivities hung over his Senate hearings. Sessions called the NAACP and the American Civil Liberties Union “un-American” and “communist-inspired” and said they tried to “force civil rights down the throats of people,” according to sworn statements. He was accused of calling a black assistant “boy.” And he once said of the Ku Klux Klan “I used to think they’re okay” until learning that some members were “pot smokers,” according to sworn statements.
After Sen. Edward M. Kennedy (D-Mass.) led the fight against Sessions, calling him “a throwback to a disgraceful era,” Sessions responded: “That is the most painful thing I have ever heard. . . . It breaks my heart.”
The Judiciary Committee approved 269 Reagan nominees to the federal bench before ever voting one down. Sessions was the first, and he left Washington without even the support of his home-state senator on the panel, Howell Heflin (D).
Recalling the episode, Sessions said his comments had been distorted to smear him. “It was so embarrassing to have people think that I didn’t believe in equality, that I was racist or had discriminatory intent,” he said. “This was horrible. That was not so.”
For Sessions, the Sotomayor hearings provide a chance to recover.
“He’s spent much of his career on the far side of the gulf from the civil rights community, from the party now in power, from people like Sonia Sotomayor,” said NAACP President Benjamin Todd Jealous. “We hope that he will distinguish himself not just as a leader of the Senate, but distinguish himself from his own history of making divisive comments.”
So far, Sessions and Sotomayor have gotten off to a smooth start. When they first met yesterday, they exchanged laughs. By the time Sotomayor left after 30 minutes of closed-door conversation, the Southern senator and Latina judge appeared as if they had found common ground — perhaps over Nancy Drew.
Staff writer Shailagh Murray contributed to this report.

By Amer Hamzah Arshad (Loyarburok)

As a Perakian, I will always remember 11.5.2009 as the day when justice and truth alighted briefly for a moment in a Kuala Lumpur High Court. It was the day when, against all expectations, the Kuala Lumpur High Court allowed Nizar’s application for several declaratory orders, amongst others, an order declaring him as the rightful Menteri Besar of Perak. The Judge delivered a reasoned and legally sound written judgment. It has been reportedly and analyzed widely already so there is no need for me to do the same. What I would like to reflect upon here is the aftermath of that decision.

On 12.5.2009, Zambry appealed the High Court decision to the Court of Appeal. He also filed an application for an interim stay the High Court order pending the disposal of his appeal before the Court of Appeal. The purpose and intention of that interim stay application was to prevent Nizar from resuming his duty as the Menteri Besar notwithstanding the decision of the Kuala Lumpur High Court. Zambry’s ex-parte stay application, without any surprise, was allowed by the Court of Appeal, by a single judge.

Before discussing the Court of Appeal stay order, I think it necessary to comment on the speed in which Zambry’s stay application was heard and thereafter granted. Zambry filed his application for stay of the Kuala Lumpur High Court decision on 12.5.2009. Amazingly, his application was scheduled to be heard at 11.30am on the same day, i.e. approximately 2 hours after the stay application was filed. In both my experience and many of my learned friends, an application is just not heard that quickly ordinarily or even exceptionally, with a certificate of urgency. None of us have ever heard an application being sealed, issued and fixed for hearing before a judge (be it at any level – Magistrates all the way up to the Federal Court), heard and the application allowed in less than 2 1/2 hours. If the courts were ordinarily that efficient, I would have no cause for complaint. But it just doesn’t happen that way usually.

This glaring efficiency would not have been so bad if it applied to the opposing party as well. However, when Nizar filed his application to set aside the ex-parte stay order he did not get the same efficient service. His application was filed on 13.5.2009, a day after the stay order was granted. Since Zambry’s application was heard and disposed off with such efficiency, one would naturally think that Nizar’s would receive the same treatment. After all, it is a fundamental rule of law that you treat like parties equally. Both of them are litigants and so both should be treated fairly and so equally. But Nizar’s application was fixed four days after on 18.5.2009. To add insult to injury, on 15.5.2009, Nizar’s solicitors were informed that the Court of Appeal pushed the hearing date later to 21.5.2009, which was the same day as the substantive appeal itself. This naturally resulted in Nizar’s application being ‘academic’ or to call a spade a spade, useless. The present Chief Justice is fond of saying, justice delayed is justice denied. Well, this was precisely such an instance.

The difference in treatment between Zambry’s and Nizar’s applications are like heaven and hell. The delay on part of the Court of Appeal to hear Nizar’s setting aside application, deliberate or otherwise, also provokes one to wonder whether there were hidden hands hell-bent on preventing Nizar from continuing to perform his duty as a Menteri Besar despite the High Court decision which was made a day earlier?

Another curious issue is exceptional instance of the granting of the stay order by a single Court of Appeal Judge, Ramly Ali JCA, who was elevated barely a month prior to his order. Furthermore, his Lordship’s decision has been widely criticized in the legal fraternity as being surreal if not downright perverse for this simple reason: it is an established principle of law that declaratory orders cannot be stayed.

The nature of the orders made by the High Court in the present case is declaratory in nature. It must be understood that “declaratory orders” are different from orders which are “executory” in nature. “Declaratory orders”, as the name suggests, merely declare:

(i) the true interpretation of the law or document; and

(ii) the legal position or rights between the parties.

The effect of that is that declaratory orders does not create or confer rights. Such an order merely pronounces on the actual legal position and/or factual scenario in question. For example, you may seek a declaration that there was X is your son. If you are successful in your application, then the court will declare that X is your son. How do you stay an order like that? For argument’s sake, let’s say we do. Does that mean X is not your son if the opposing party grants a stay of the order and throughout the duration of the order? No. And that is why courts do not grant a stay order on a declaratory order. It’s a nonsensical thing to do. Furthermore, another distinctive feature of a declaratory order is that once they are pronounced by the Court, the legal rights or legal positions vis-a-vis the parties are settled. No further legal steps or proceedings need to follow.

‘Executory orders’ on the other hand declare the right of the parties and then proceed to order the defendant to act in a particular way, e.g. to pay damages or money owed and such orders can be enforced by execution proceedings if disobeyed.

In the present case, the orders made clearly did not create or confer any rights upon Nizar to be the Menteri Besar as Nizar has always been the Menteri Besar. Instead, the order merely indicates the position as it has always been i.e. that Nizar is Menteri Besar of Perak at all material times. The High Court order did not confer something which was did not exist in the first place.

In view of the unique nature of declaratory orders as described above, where an appeal is lodged against a declaratory order, there can be no stay of proceedings, legally or sensibly. Now even assuming for the briefest moment you can imagine, that the Court of Appeal Judge was correct in granting the stay order, the next question the Judge should ask himself is whether the stay order would achieve any legal and tangible purpose or is it an exercise in futility? Does the stay order confer power upon Zambry for him to perpetuate his misguided notion that he is the Menteri Besar of Perak? Can the Court of Appeal grant a stay over a constitutional matter?

If things had gone as planned in 1986, the conservative Alabama prosecutor would have been confirmed to a lifetime appointment to a federal judgeship. But allegations of racism cast Sessions as a throwback to the Jim Crow South, and the Senate Judiciary Committee voted down his nomination. Stunned and embarrassed, Sessions returned home to Mobile as a man undone.
Soon he turned to politics, was elected to the Senate and joined the very committee that denied him a seat on the federal bench. He ascended from behind the scenes to the panel’s top Republican spot, and it now falls to him to weigh the GOP’s competing interests and political calculations while guiding the fractured party through the upcoming confirmation hearings of Supreme Court nominee Sonia Sotomayor. Yesterday, the judge went to the Capitol for private meetings with Sessions and other key senators.
With her nomination, race (and ethnicity) once again looms as a major subplot. This time, though, Sessions is on the other side of the rostrum, and there are some who wonder how he will handle it. Will Sessions go after Sotomayor the way Senate Democrats vilified him long ago? Or has the experience made him more empathetic to nominees who face tough questioning?
“I’ve felt sorry for the poor person in the pit getting grilled,” Sessions said in a recent interview. “I don’t think you’ll find that I’ve abused any witness. And I don’t like vindication.”
Sotomayor, facing pressure from lawmakers to explain her comments from 2001 that her Latina identity matters in how she reaches conclusions, told Democratic and Republican senators yesterday that she would follow the law.But it was a Democrat, Sen. Patrick J. Leahy (D-Vt.), chairman of the Judiciary Committee, who pressed her most directly to clarify her remarks. Leahy said that she told him, “Of course one’s life experience shapes who you are,” but that she added: “Ultimately and completely, a judge has to follow the law, no matter what their upbringing has been.”
Sessions said Sotomayor — who will resume her visits with lawmakers today — used similar language with him, but he conceded, “I don’t know that we got into that significantly.” Rather the two spent more time discussing “the moral authority of laws and judges.” He said he “enjoyed the conversation.”
Jefferson Beauregard Sessions III, 62, is an unlikely choice to be the face of the GOP at such a critical juncture. At times, he has appeared uncomfortable in the spotlight. When Sotomayor visited his office yesterday, the white-haired senator who speaks with a heavy Southern accent sat before a throng of cameras clutching his hands together and nervously tapping his right foot.
As the committee’s ranking Republican, taking over after Sen. Arlen Specter (Pa.) switched parties this spring, Sessions sets the priorities of a party already facing a deep split between conservatives and moderates. He is considering comments by radio host Rush Limbaugh and former House speaker Newt Gingrich (Ga.) that Sotomayor is racist, but he also is conscious of turning off Latino voters by questioning Sotomayor too aggressively.
And then there is the political reality: Sessions has just one vote, and Republicans have seven, on a committee of 19.
“It’s a tough job because you’re the principal negotiator and point man for your party,” said Sen. John Cornyn (R-Tex.). “But Jeff is not a shrinking violet by any stretch of the imagination.”But it was a Democrat, Sen. Patrick J. Leahy (D-Vt.), chairman of the Judiciary Committee, who pressed her most directly to clarify her remarks. Leahy said that she told him, “Of course one’s life experience shapes who you are,” but that she added: “Ultimately and completely, a judge has to follow the law, no matter what their upbringing has been.”
Sessions said Sotomayor — who will resume her visits with lawmakers today — used similar language with him, but he conceded, “I don’t know that we got into that significantly.” Rather the two spent more time discussing “the moral authority of laws and judges.” He said he “enjoyed the conversation.”
Jefferson Beauregard Sessions III, 62, is an unlikely choice to be the face of the GOP at such a critical juncture. At times, he has appeared uncomfortable in the spotlight. When Sotomayor visited his office yesterday, the white-haired senator who speaks with a heavy Southern accent sat before a throng of cameras clutching his hands together and nervously tapping his right foot.
As the committee’s ranking Republican, taking over after Sen. Arlen Specter (Pa.) switched parties this spring, Sessions sets the priorities of a party already facing a deep split between conservatives and moderates. He is considering comments by radio host Rush Limbaugh and former House speaker Newt Gingrich (Ga.) that Sotomayor is racist, but he also is conscious of turning off Latino voters by questioning Sotomayor too aggressively.
And then there is the political reality: Sessions has just one vote, and Republicans have seven, on a committee of 19.
“It’s a tough job because you’re the principal negotiator and point man for your party,” said Sen. John Cornyn (R-Tex.). “But Jeff is not a shrinking violet by any stretch of the imagination.”Sessions has promised a rigorous review of Sotomayor’s record and warned that there may be a “drop in deference to the president” because he said Democrats were “very, very aggressive” in questioning President George W. Bush’s nominees. He also is resisting calls from Obama and Leahy to confirm Sotomayor by Aug. 7, when the Senate breaks for a recess. Yesterday, he said he wants hearings to take place in October.
Beloved by conservatives, Sessions has been a vocal opponent of allowing undocumented immigrants the chance to become U.S. citizens. But unlike many of his colleagues on the panel, he lacks a national profile and a signature issue. Some in Alabama describe Sessions as “vanilla.”
Yet what the 5-foot-5 senator lacks in bravado, he makes up for in discipline, practiced over hours as a Sunday-school teacher at his family’s Methodist church, 14 years in the Army Reserve and decades as a lawyer. An early riser, he often goes to the Capitol gym before 7 a.m., running on the treadmill and hashing over bills with Cornyn.
Known as a nuts-and-bolts senator, Sessions arrives at committee meetings having done his homework, colleagues said. The Boy Scout motto, “Be Prepared,” is engraved on a stone on his office desk.
His steady handling thus far of the Sotomayor nomination has earned praise from across the aisle.
“We may well disagree on the final outcome of the nomination, but I think he’s handled it in a very statesmanlike fashion,” Leahy said.
Sessions’s courtroom experience lends credibility to his arguments, his Republican colleagues said. As someone who supports a strict interpretation of the Constitution, he believes that no judge should be swayed by personal or political allegiances, and he takes issue with Obama’s statement that judges should have “empathy . . . with people’s hopes and struggles.” Sessions called this a “postmodern infection” that threatens law.
“We need to articulate why it’s important that judges show restraint and that every American can believe that when they call that ball a ball and that strike a strike it was an honest call, not because they were pulling for one side or another,” he said.
If Sotomayor’s America is the South Bronx in New York, then Sessions’s is Hybart, Ala. The two locales couldn’t be more different. Sotomayor chased her dreams as a Latina in the city projects, playing loteria, a card game, with neighborhood kids. She once bragged about her cultural taste in food as a young lady, eating such delicacies as pig intestines, pigs’ feet with beans, and pigs’ tongue and ears.
Sessions, meanwhile, came of age in a vast, bucolic land. He grew up in a modest country house and went hunting and fishing. He worked with his father around the general store the family owned. Every bit the good Alabama boy, Sessions became an Eagle Scout just before enrolling at Huntingdon College, a small Methodist school in nearby Montgomery.
In the 1960s, as the world around him changed dramatically, Sessions said he was disengaged from the civil rights movement, becoming engrossed instead with the conservative politics of the National Review. He said he regrets not having taken a lead in fighting for civil rights.
“I guess I was more like the average Alabamian,” he said. “Most of my contemporaries, including myself, we probably could have been more affirmative in taking stands on those issues.”
Sessions said the Hardy Boys and Nancy Drew books and the TV show “Dragnet” inspired him to become a lawyer. (Sotomayor, too, cites Nancy Drew novels as an inspiration.)
After President Ronald Reagan appointed him U.S. attorney in Mobile in 1981, Sessions brought charges of voter fraud against three black civil rights activists, including a former aide to the Rev. Martin Luther King Jr. They were acquitted.
In 1986, Reagan nominated him for the federal bench, and accusations of racial insensitivities hung over his Senate hearings. Sessions called the NAACP and the American Civil Liberties Union “un-American” and “communist-inspired” and said they tried to “force civil rights down the throats of people,” according to sworn statements. He was accused of calling a black assistant “boy.” And he once said of the Ku Klux Klan “I used to think they’re okay” until learning that some members were “pot smokers,” according to sworn statements.
After Sen. Edward M. Kennedy (D-Mass.) led the fight against Sessions, calling him “a throwback to a disgraceful era,” Sessions responded: “That is the most painful thing I have ever heard. . . . It breaks my heart.”
The Judiciary Committee approved 269 Reagan nominees to the federal bench before ever voting one down. Sessions was the first, and he left Washington without even the support of his home-state senator on the panel, Howell Heflin (D).
Recalling the episode, Sessions said his comments had been distorted to smear him. “It was so embarrassing to have people think that I didn’t believe in equality, that I was racist or had discriminatory intent,” he said. “This was horrible. That was not so.”
For Sessions, the Sotomayor hearings provide a chance to recover.
“He’s spent much of his career on the far side of the gulf from the civil rights community, from the party now in power, from people like Sonia Sotomayor,” said NAACP President Benjamin Todd Jealous. “We hope that he will distinguish himself not just as a leader of the Senate, but distinguish himself from his own history of making divisive comments.”
So far, Sessions and Sotomayor have gotten off to a smooth start. When they first met yesterday, they exchanged laughs. By the time Sotomayor left after 30 minutes of closed-door conversation, the Southern senator and Latina judge appeared as if they had found common ground — perhaps over Nancy Drew.
Staff writer Shailagh Murray contributed to this report.

Posted by taxidriver

By Ade Mardiyati, The Jakarta Globe

At this moment in Jakarta, a group of Indonesians are putting the final touches to their plan to invade Malaysia and wage war. Benteng Demokrasi Rakyat has announced Oct. 8 as the date of this D-day, when it says it will avenge all the wrongs committed against Indonesia by its neighbour

related articlelatest updateBattlezone KUALA LUMPURexplodes in anti-INTERNAL SECURITY ACT frenzy:Najib in trouble LOST HIS CREDENTIAL TO RULE MALAYSIA MUSA HASSAN BECOME THE HERO


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A young recruit from anti-Malaysia group Bendera taking part in combat training. (Antara Photo)

Established during this year’s presidential election, the group, also known as the People’s Democratic Defense, has attracted public attention with its protests calling on Indonesians to “kill Malaysians.” Earlier this month, the group set up roadblocks in Menteng, Central Jakarta, in an attempt to detain Malaysian citizens.

However, the roadblocks failed to net any Malaysians, according to Mustar Bona Ventura, the group’s coordinator. “If we had caught them, we would have sent them home,” the 32-year-old economics student said.

He said the group’s anti-Malaysian stance was not motivated solely by claims that the neighboring country has been busy stealing Indonesia’s culture.

“It’s the whole thing, including the claims on our islands and the abusive treatment of Indonesian migrant workers,” he said. “The breaking point was when they insulted us through our national anthem, ‘Indonesia Raya.’ ”

Tensions between the neighboring countries have reached a fever pitch this year due to unresolved sovereignty claims in the Ambalat waters; accusations that Malaysia has claimed Indonesian cultural heritage as its own, including the Balinese pendet dance, various dishes and batik; a recent offensive parody of Indonesia’s national anthem; and the abuse of Indonesian migrant workers in Malaysia.

Mustar said Bendera had already recruited more than 1,200 members and expects to sign up at least 300 more. The group said it recruited 600 volunteers in Greater Jakarta alone last week.

“People from all sorts of backgrounds came and registered,” he said. “We have students, farmers, lawyers, fishermen, teachers and many more. Disabled people also signed up.”

The group reportedly has 40 recruits who are deaf, 10 with limb deformities and 10 who are confined to wheelchairs.

Bendera’s seeming enthusiasm for conflict and claims that the planned invasion is going forward is contrary to government warnings: Teuku Faizasyah, a spokesman for the Foreign Affairs Ministry, has said the group’s members won’t get anywhere near Malaysia.

“If there are any Indonesian nationals who are intending to go to Malaysia for a confrontation, they will be arrested. It will be impossible for them to enter the country,” he said.

However, Mustar said that self-defense training and black magic spells designed to protect the troops had already been provided, with 150 members taking part in two sessions held at Bendera’s headquarters. The offices are located on Jalan Diponegoro in Menteng, Central Jakarta, an address that was formerly used as the headquarters for the Indonesian Democratic Party of Struggle (PDI-P).

“This [training] is to support our people, and we have also armed them with weapons that volunteers donated, such as samurai swords, ninja sticks and sharpened bamboo sticks,” Mustar said. “We really meant it when we said we were going to deploy [troops] to Malaysia to fight them on [Octoer 8].”

Asked how they intended to get their weapons through airport security, Mustar said, “It’s just a matter of technique. But of course we’re not telling you how.” He added that the cost of traveling to Malaysia was being covered by each individual.

He said the group had earlier sent letters to President Susilo Bambang Yudhoyono and the Malaysian Embassy in Jakarta containing its list of demands.

“First, we asked the government to close the Malaysian Embassy here and send all the country’s citizens back home. Second, the government should close our embassy there and send home all the Indonesian migrant workers.

“And last of all, we demanded that the government declare war against Malaysia.”

Single mother Yuni said she felt it was her duty to help Indonesia protect its cultural heritage from Malaysia and to stand up for the rights of abused migrant workers. Just last month, she registered as a volunteer for Bendera and said she was ready to go to Malaysia to join the war, even if that meant leaving her three children behind in Pandeglang, West Java.

“Malaysia stole our islands and insulted our national anthem. As a citizen, I am called to participate [in the war],” she said.

She said that if the Indonesian government and military failed to take action, it was up to citizens to take over. “My will is strong for saving our beloved Indonesia,” the 40-year-old said. “I’m not afraid of anything.”

Another recruit, Endo Kosasih, echoed her sentiments, saying he was not afraid to die if he had to go to the battle zone.

“It will be the same if you die now or tomorrow,” the 26-year-old said. “I am brave.”

Like his fellow Bendera members, Endo took part in the self-defense training course. He also learned how to shoot a bow and arrow, and said his aim had become quite accurate.

Endo said he had the support of his family and was determined to join the troops going to Malaysia so he could defend the motherland.

“We don’t want our nation to be harassed, our culture to be stolen or [the lyrics of] our national anthem to be twisted,” Endo said.

Mustar said the group had already sent 10 people to Malaysia, to conduct reconnaissance and draw up battle plans. “You could say they are our spies,” he said.

And on Oct. 8, Mustar continued, 1,500 Bendera troops will leave for Malaysia by air, land and sea, although he refused to elaborate. The group also plans to deploy a second batch of troops at a later stage, he said, adding that Bendera would work with Indonesian migrant workers and students in Malaysia to help boost its numbers.

“And once we get there, we will fight furiously in an open war with the Malaysians. Just like the wars you’ve seen on TV,” he said. “For us, Malaysia has really crossed the line.

“And if our government has no courage, then [it is time] we start a war.”

Volunteer Sugeng Widodo plans to leave his wife, who is four months pregnant, should the group call upon him.

“I prioritize my country,” the father of two said. “My wife and children breathe the air of this country. That’s why [I prioritize it].”

Back home in Klaten, Central Java, 37-year-old Sugeng is a farmer but said he had been trained in Jakarta to use arrows and spears. He said Bendera members would also be trained in the use of guns.

He said he was determined to fight and would stay in Malaysia until the issue of Indonesian ownership in the Ambalat waters was resolved.

“We see how our migrant workers are treated and the government doesn’t do anything about it,” he said. “Every citizen has the right to be protected.

“I will fight until the last drop of my blood. That is what I will do to defend my country.”

Asked what the group would do if the planned invasion on Oct. 8 failed, Mustar said they would evaluate and then go back to the drawing board. The main priority, he said, would be to demand the Malaysian government publicly apologize to all Indonesians.

However, he said he was optimistic that nothing would stop the invasion, not even the Indonesian government, and that everything would go according to plan.

“Indonesia will win! Indonesia will win!” he said.






the Indonesian-American model pressing image charges against her Malaysian prince husband, Muhammad Fakhry, albeit in the wrong country.





  • Manohara row fuels ugly M'sian perception
    Tarani Palani | Jun 12, 09 8:40am
  • The exploitation of foreign workers, the alleged intrusion of disputed Ambalat and now the abuse of teen model Manohara. No wonder they hate us
    • Manohara's claims 'not a private matter'
      Wong Pheak Zern | Jun 11, 09 5:39pm
    • Rights groups are shocked at the dismissive remarks from the minister and the palace on alleged sexual abuses of the Indonesian teen model by her royal husband.MORE
    • Intolerable case of human rights violation
      No lack of human rights awareness



MINDERJEET KAUR,NST DONT PROSTUTE MOTHER’S LOVE AVOID PROVOCATION IN AMBALAT WATERS: MUHYIDDIN I SEE WITH UTMOST CLARITY THE HALLMARK OF MALAYSIA MAINSTREAM BEHIND ALL THIS. AND ANOTHER QUESTION: WHO OWNS AND CONTROLS NST

Minderjeet Kaur,NST dont prostute mother’s love AVOID PROVOCATION IN AMBALAT WATERS: MUHYIDDIN I see with utmost clarity the hallmark of Malaysia mainstream behind all this. And another question: who owns and controls NST,Minderjeet Kaur,NST dont prostute mother’slove AVOID PROVOCATION IN AMBALAT WATERS: MUHYIDDINthe Indonesians are not letting Malaysia off easy. “Don’t think that I don’t care”, says Indonesian president Susilo Bambang Yudhyono, adding that this has become a public issue affecting his citizen. Outraged Indons are protesting, adding Manohara’s case to other complaints of theirs against Malaysia.Allegations of drugs, violence and even rape. From this report, the allegation from Manohara covers physical and statutory rape, considering she was 16 at the time. Proper little soap opera don’t you think, but wait…the plot thickens. the estranged husband has spoken out against her allegations, demanding proof, but I don’t think this will be forthcoming now, signalling a court battle may be looming in the not-so-distant horizon.The Kelantan palace distanced itself from the media statements of Mohd Soberi, saying that that those statements were made in his personal capacity.Fatwa empowers women in marriage and educationFatwa empowers women in marriage and educationIf this story is true let the Indons teach the Kelantan royalty a lesson. Malaysia do not have the will and guts to confront our royalty – and they always get away with their mischief.there is a deafening silence in the Muslim world with regards about sex trafficking in the Muslim world, core principle of Islam violated by sex trafficking? Islam provides that sexual relations should only exist within the confines of a legitimate marriage, and has laid out strict penalties for adultery and fornication.(Understanding the way of thinking for most of the Indonesian People (I got foster parent in Indonesia), I can bet that it wont be that easy for the Malaysian Royalty or Government to handle………but then it is not that difficult either………if They Know What I Meant……..So, it is up to the Malaysian Royalty and Government…….whether they want a clean and easy way……or messy and difficult way…….If not because of the God Forbid…….I can make a lot of money by betting ‘Who Will Wins…..and Who Will Lose’…..Rolls the dice please!!! )Am I’m right or Am I’m wrong………Now the Stake has just become bigger-and bigger……….Ladies and Gentlemen………….The Game Has Just BHer parents situation has nothing to do with the allegation that the price abused her. These are separate issues.Anyway it is hard to believe that if she is on the Interpol list that the Singapore police would have missed it.

This is the SPECIALTY of Malaysia Boleh and it is called CHARACTER ASSASINATION!!! Re-Thinking Divorce in Islamic LawIslam allows for only one sort of physical relationship between men and womenin the form of marriage which is announced and publicly knownIt appears like Datuk Kadar Shah was the ‘White Knight’ who came swooping down on his great steed to sweep the Indonesian damsel in distress off her feet. This is at least according to what The Malaysian Insider reported.In case this name does not ring a bell, you may remember I mentioned him in my article ‘Shafee Abdullah: caught with his pants down’ (http://mt.m2day.org/2008/content/view/22540/84/) on 29 May 2009. This was what I wrote then:Datuk Kadar related how he had gone to lawyer Shafee Abdullah’s office a few days earlier to discuss Jamaluddin Jarjis’s bottom pinching case in the Havana Club at KL Sentral. I think Datuk Kadar was involved because he had an interest in the establishment. Anyway, I was told Shafee wanted JJ to pay RM1 million as ‘settlement’ or else his scandal was going to explode.And this was when Datuk Kadar saw that whiteboard with Anwar Ibrahim’s and my name on it and the police officers who were in the office discussing the Anwar Ibrahim Sodomy II case. And a few days later the whole sodomy thing exploded with Saiful’s ‘revelation’ that he had been sodomised, the PUSRAWI doctor’s examination that showed Saiful was still a virgin, and Najib’s denial and later his admission that he had met Saiful prior to the sodomy allegation. (Extract of that article).*************************************************It’s so simple and yet brilliant. Past famous victims and cases are Anwar Sodomy, and that Saiful testimony. It’s easy to get an ‘anonymous’ diplomat to make the announcement. Shouldn’t we send our J.J AND ANIFAH to make “peace”? But then they might not want to go to Denpasar or other remote islands among the more than ten thousand ones as they I guess preferA Saudi judge has told a seminar on domestic violence that it is okay for a man to slap his wife for lavish spending, a local newspaper to go to Disneyland and Disney WorldDatuk Kadar Shah Sulaiman, the man who helped Indonesian beauty Manohara Odelia Pinot escape her Kelantan prince, now says that a break is just what the couple need now and alluded to a possible reconciliation.“A cooling-off period of a few weeks or months and they may fall back in love,” Kadar Shah told The Malaysian Insider from Jakarta last night.“You know these type of love affairs, how they are. And Manohara is still so young. She’s a princess now and may miss palace life,” said the Muar Umno branch chief.He said, however, that if it still does not work out after a few months’ break, then the couple should divorce.The marital spat between Tengku Temenggong Tengku Mohamad Fakhry Petra and the 17-year-old model has created a sensation in both Southeast Asian countries.Manohara has claimed that she was physically and sexually abused while the Kelantan palace has insisted that it is a private matter between husband and wife.Kadar Shah was the go-between the Kelantan palace and Manohara’s family and claimed he was “given the blessing” of the palace to sort the matter out.It took two months of planning and going back and forth before Manohara’s dramatic escape in Singapore last Saturday.Kadar Shah said he tried to work out a deal and get both sides to compromise and convince the prince to allow Manohara to meet her mother Daisy Fajarina.The mother has been appearing on Indonesian TV shows alleging that Manohara had been abused since her marriage to the Kelantan prince last August.When the Sultan of Kelantan sought medical treatment in Singapore, Tengku Fakhry and Manohara went to Singapore to visit him.Kadar Shah also went to Singapore and arranged a lunch where he said he managed communicate to Manohara despite the presence of Tengku Fakhry’s men.“If you feel unhappy or unsafe, you have to korek (scratch) my hand when we shake hands.“When we shook hands, she korek so hard, because you know, she has long finger nails,” he recalled.“Even when she went to the toilet, she was followed. However, before she left she left a note on a piece of tissue: ‘I am not happy, please help me. I want to go home’.”The tissue was shown by Kadar Shah on Indonesia TV.“What I did was for the best for everybody,” said the Umno man.We are NOT stupid, and when I said ‘ we’, it’s not just Malaysians but the rest of the world. If somebody is on the interpol wanted list, then that person would be denied entry and even arrested by the country he/she is trying to enter. This is because Interpol is ‘international’, stupid.(The Straits Times) – It usually blows hot and cold in Indonesia-Malaysia ties. And it has turned decidedly chilly here over two issues — a longstanding territorial dispute over Ambalat, off Borneo, and the runaway Indonesian teen wife of a Kelantan prince.The Indonesian media has been swamped with daily front-page stories and television talkshows about the latest “intrusion” into Ambalat by Malaysian warships, and the teenage model Manohara Odelia Pinot who claimed to have been abused by her husband.In the midst of the Indonesian presidential campaign, Dr Susilo Bambang Yudhoyono himself commented on both issues on Tuesday. The President vowed there would be no compromise on Indonesia’s sovereignty over Ambalat, and expressed his concern over the model’s troubles.Said analyst Bantarto Bandoro of the University of Indonesia: “Indonesians tend to view the two issues from purely nationalist eyes. It is only natural that nationalist sentiments are whipped up and anti-Malaysia sentiments are fanned.”The Ambalat issue flared up again when Indonesia’s navy claimed it intercepted a Malaysian naval vessel encroaching 12 nautical miles into Indonesian waters in the Sulawesi Sea last Saturday. The disputed area is an oil-rich region.Media reports here, quoting a naval spokesman, said Indonesian vessels were on the verge of opening fire on the Malaysian ship, which was chased back into Malaysian waters off Sabah. Kuala Lumpur has not commented on the incident.Jakarta claimed it was the ninth “encroachment” this year.Indonesian Foreign Ministry spokesman Teuku Faizasyah said talks over the Ambalat issue with Malaysia had been on hold since April last year. “We are preparing a protest note to be sent to Malaysia” over the latest incident, he added.Indonesian activists yesterday gathered in front of the Malaysian Embassy in Jakarta, protesting against the alleged mistreatment of Indonesian workers by Malaysian employers and referencing it to the Ambalat dispute, French news agency Agence France-Presse reported.The case of 17-year-old Manohara, who at the weekend claimed to have “escaped” from her husband of nine months, the Kelantan prince, also elicited a stream of bad vibes in the local media and the Internet. Many expressed anger at the Malaysians, repeating past contentious issues between both sides.These include the controversy over what Indonesia sees as Malaysian claims of ownership of the folk song “Rasa Sayang”, claims over batik and Javanese mask dance reog ponorogo, as well as alleged abuse of Indonesian workers in Malaysia.Comments in the media on Ambalat and Manohara have focused on getting the authorities to take a hardline stance against Malaysia. One blogger, Arman Effendi, said: “It is still fresh in our minds the loss of Sipadan and Ligitan islands (to Malaysia) and the exploitation of Indonesian migrant workers.”The oil blocks in Ambalat are close to Sipadan and Ligitan islands, whose ownership was disputed for years by Indonesia and Malaysia. The International Court of Justice awarded the islands to Malaysia in 2002.Shortly before returning to Indonesia from the Asean-South Korea summit, Yudhoyono told Indonesian reporters that Jakarta would not tolerate Malaysia’s claim over Ambalat.“Malaysia’s claim is unacceptable because the area is within Indonesia’s territory,” he said. “There will be no compromise but we will resolve the matter without risking peace and the relationship between Indonesia and our neighbouring country, Malaysia.”On the Manohara case, he said he had told Foreign Minister Hassan Wirajuda and Indonesia’s Ambassador to Malaysia Dai Bachtiar to look into it. “I told them to handle this issue fully and to be aware of the line between domestic affairs, spousal — or family — issues and human rights violations,” the Jakarta Globe quoted him as saying on Tuesday.Both issues have also been taken up by parliamentarians, with deputy parliamentary commission chairman Yusron Ihza Mahendra saying yesterday that they were matters of concern.Saying that Parliament would also summon Wirajuda for an explanation, Yusron said: “We don’t consider the Manohara case as a domestic issue. She is an Indonesian citizen who deserves to be protected. The Ambalat case is also getting hotter now. The manoeuvres by Malaysian naval vessels in Ambalat are acts of belittling Indonesia.”Deputy Speaker Muhaimin Iskandar took a more hardline approach, warning that if Malaysia “continues to be difficult”, the Indonesian Parliament would approve confronting foreign intruders.inderjeet Kaur,NST dont prostute mother’slove AVOID PROVOCATION IN AMBALAT WATERS: MUHYIDDINMinderjeet Kaur,NST dont prostute mother’s love AVOID PROVOCATION IN AMBALAT WATERS: MUHYIDDIN I see with utmost clarity the hallmark of Malaysia mainstream behind all this. And another question: who owns and controls NST,Minderjeet Kaur,NST dont prostute mother’slove AVOID PROVOCATION IN AMBALAT WATERS: MUHYIDDINthe Indonesians are not letting Malaysia off easy. “Don’t think that I don’t care”, says Indonesian president Susilo Bambang Yudhyono, adding that this has become a public issue affecting his citizen. Outraged Indons are protesting, adding Manohara’s case to other complaints of theirs against Malaysia.Allegations of drugs, violence and even rape. From this report, the allegation from Manohara covers physical and statutory rape, considering she was 16 at the time. Proper little soap opera don’t you think, but wait…the plot thickens. the estranged husband has spoken out against her allegations, demanding proof, but I don’t think this will be forthcoming now, signalling a court battle may be looming in the not-so-distant horizon.The Kelantan palace distanced itself from the media statements of Mohd Soberi, saying that that those statements were made in his personal capacity.Fatwa empowers women in marriage and educationFatwa empowers women in marriage and educationIf this story is true let the Indons teach the Kelantan royalty a lesson. Malaysia do not have the will and guts to confront our royalty – and they always get away with their mischief.there is a deafening silence in the Muslim world with regards about sex trafficking in the Muslim world, core principle of Islam violated by sex trafficking? Islam provides that sexual relations should only exist within the confines of a legitimate marriage, and has laid out strict penalties for adultery and fornication.(Understanding the way of thinking for most of the Indonesian People (I got foster parent in Indonesia), I can bet that it wont be that easy for the Malaysian Royalty or Government to handle………but then it is not that difficult either………if They Know What I Meant……..So, it is up to the Malaysian Royalty and Government…….whether they want a clean and easy way……or messy and difficult way…….If not because of the God Forbid…….I can make a lot of money by betting ‘Who Will Wins…..and Who Will Lose’…..Rolls the dice please!!! )Am I’m right or Am I’m wrong………Now the Stake has just become bigger-and bigger……….Ladies and Gentlemen………….The Game Has Just BHer parents situation has nothing to do with the allegation that the price abused her. These are separate issues.Anyway it is hard to believe that if she is on the Interpol list that the Singapore police would have missed it.This is the SPECIALTY of Malaysia Boleh and it is called CHARACTER ASSASINATION!!! Re-Thinking Divorce in Islamic LawIslam allows for only one sort of physical relationship between men and womenin the form of marriage which is announced and publicly knownIt appears like Datuk Kadar Shah was the ‘White Knight’ who came swooping down on his great steed to sweep the Indonesian damsel in distress off her feet. This is at least according to what The Malaysian Insider reported.In case this name does not ring a bell, you may remember I mentioned him in my article ‘Shafee Abdullah: caught with his pants down’ (http://mt.m2day.org/2008/content/view/22540/84/) on 29 May 2009. This was what I wrote then:Datuk Kadar related how he had gone to lawyer Shafee Abdullah’s office a few days earlier to discuss Jamaluddin Jarjis’s bottom pinching case in the Havana Club at KL Sentral. I think Datuk Kadar was involved because he had an interest in the establishment. Anyway, I was told Shafee wanted JJ to pay RM1 million as ‘settlement’ or else his scandal was going to explode.And this was when Datuk Kadar saw that whiteboard with Anwar Ibrahim’s and my name on it and the police officers who were in the office discussing the Anwar Ibrahim Sodomy II case. And a few days later the whole sodomy thing exploded with Saiful’s ‘revelation’ that he had been sodomised, the PUSRAWI doctor’s examination that showed Saiful was still a virgin, and Najib’s denial and later his admission that he had met Saiful prior to the sodomy allegation. (Extract of that article).*************************************************It’s so simple and yet brilliant. Past famous victims and cases are Anwar Sodomy, and that Saiful testimony. It’s easy to get an ‘anonymous’ diplomat to make the announcement. Shouldn’t we send our J.J AND ANIFAH to make “peace”? But then they might not want to go to Denpasar or other remote islands among the more than ten thousand ones as they I guess preferA Saudi judge has told a seminar on domestic violence that it is okay for a man to slap his wife for lavish spending, a local newspaper to go to Disneyland and Disney WorldDatuk Kadar Shah Sulaiman, the man who helped Indonesian beauty Manohara Odelia Pinot escape her Kelantan prince, now says that a break is just what the couple need now and alluded to a possible reconciliation.“A cooling-off period of a few weeks or months and they may fall back in love,” Kadar Shah told The Malaysian Insider from Jakarta last night.“You know these type of love affairs, how they are. And Manohara is still so young. She’s a princess now and may miss palace life,” said the Muar Umno branch chief.He said, however, that if it still does not work out after a few months’ break, then the couple should divorce.The marital spat between Tengku Temenggong Tengku Mohamad Fakhry Petra and the 17-year-old model has created a sensation in both Southeast Asian countries.Manohara has claimed that she was physically and sexually abused while the Kelantan palace has insisted that it is a private matter between husband and wife.Kadar Shah was the go-between the Kelantan palace and Manohara’s family and claimed he was “given the blessing” of the palace to sort the matter out.It took two months of planning and going back and forth before Manohara’s dramatic escape in Singapore last Saturday.Kadar Shah said he tried to work out a deal and get both sides to compromise and convince the prince to allow Manohara to meet her mother Daisy Fajarina.The mother has been appearing on Indonesian TV shows alleging that Manohara had been abused since her marriage to the Kelantan prince last August.When the Sultan of Kelantan sought medical treatment in Singapore, Tengku Fakhry and Manohara went to Singapore to visit him.Kadar Shah also went to Singapore and arranged a lunch where he said he managed communicate to Manohara despite the presence of Tengku Fakhry’s men.“If you feel unhappy or unsafe, you have to korek (scratch) my hand when we shake hands.“When we shook hands, she korek so hard, because you know, she has long finger nails,” he recalled.“Even when she went to the toilet, she was followed. However, before she left she left a note on a piece of tissue: ‘I am not happy, please help me. I want to go home’.”The tissue was shown by Kadar Shah on Indonesia TV.“What I did was for the best for everybody,” said the Umno man.We are NOT stupid, and when I said ‘ we’, it’s not just Malaysians but the rest of the world. If somebody is on the interpol wanted list, then that person would be denied entry and even arrested by the country he/she is trying to enter. This is because Interpol is ‘international’, stupid.(The Straits Times) – It usually blows hot and cold in Indonesia-Malaysia ties. And it has turned decidedly chilly here over two issues — a longstanding territorial dispute over Ambalat, off Borneo, and the runaway Indonesian teen wife of a Kelantan prince.The Indonesian media has been swamped with daily front-page stories and television talkshows about the latest “intrusion” into Ambalat by Malaysian warships, and the teenage model Manohara Odelia Pinot who claimed to have been abused by her husband.In the midst of the Indonesian presidential campaign, Dr Susilo Bambang Yudhoyono himself commented on both issues on Tuesday. The President vowed there would be no compromise on Indonesia’s sovereignty over Ambalat, and expressed his concern over the model’s troubles.Said analyst Bantarto Bandoro of the University of Indonesia: “Indonesians tend to view the two issues from purely nationalist eyes. It is only natural that nationalist sentiments are whipped up and anti-Malaysia sentiments are fanned.”The Ambalat issue flared up again when Indonesia’s navy claimed it intercepted a Malaysian naval vessel encroaching 12 nautical miles into Indonesian waters in the Sulawesi Sea last Saturday. The disputed area is an oil-rich region.Media reports here, quoting a naval spokesman, said Indonesian vessels were on the verge of opening fire on the Malaysian ship, which was chased back into Malaysian waters off Sabah. Kuala Lumpur has not commented on the incident.Jakarta claimed it was the ninth “encroachment” this year.Indonesian Foreign Ministry spokesman Teuku Faizasyah said talks over the Ambalat issue with Malaysia had been on hold since April last year. “We are preparing a protest note to be sent to Malaysia” over the latest incident, he added.Indonesian activists yesterday gathered in front of the Malaysian Embassy in Jakarta, protesting against the alleged mistreatment of Indonesian workers by Malaysian employers and referencing it to the Ambalat dispute, French news agency Agence France-Presse reported.The case of 17-year-old Manohara, who at the weekend claimed to have “escaped” from her husband of nine months, the Kelantan prince, also elicited a stream of bad vibes in the local media and the Internet. Many expressed anger at the Malaysians, repeating past contentious issues between both sides.These include the controversy over what Indonesia sees as Malaysian claims of ownership of the folk song “Rasa Sayang”, claims over batik and Javanese mask dance reog ponorogo, as well as alleged abuse of Indonesian workers in Malaysia.Comments in the media on Ambalat and Manohara have focused on getting the authorities to take a hardline stance against Malaysia. One blogger, Arman Effendi, said: “It is still fresh in our minds the loss of Sipadan and Ligitan islands (to Malaysia) and the exploitation of Indonesian migrant workers.”The oil blocks in Ambalat are close to Sipadan and Ligitan islands, whose ownership was disputed for years by Indonesia and Malaysia. The International Court of Justice awarded the islands to Malaysia in 2002.Shortly before returning to Indonesia from the Asean-South Korea summit, Yudhoyono told Indonesian reporters that Jakarta would not tolerate Malaysia’s claim over Ambalat.“Malaysia’s claim is unacceptable because the area is within Indonesia’s territory,” he said. “There will be no compromise but we will resolve the matter without risking peace and the relationship between Indonesia and our neighbouring country, Malaysia.”On the Manohara case, he said he had told Foreign Minister Hassan Wirajuda and Indonesia’s Ambassador to Malaysia Dai Bachtiar to look into it. “I told them to handle this issue fully and to be aware of the line between domestic affairs, spousal — or family — issues and human rights violations,” the Jakarta Globe quoted him as saying on Tuesday.Both issues have also been taken up by parliamentarians, with deputy parliamentary commission chairman Yusron Ihza Mahendra saying yesterday that they were matters of concern.Saying that Parliament would also summon Wirajuda for an explanation, Yusron said: “We don’t consider the Manohara case as a domestic issue. She is an Indonesian citizen who deserves to be protected. The Ambalat case is also getting hotter now. The manoeuvres by Malaysian naval vessels in Ambalat are acts of belittling Indonesia.”Deputy Speaker Muhaimin Iskandar took a more hardline approach, warning that if Malaysia “continues to be difficult”, the Indonesian Parliament would approve confronting foreign intruders.

INDONESIA’S MANOHARA ODELIA PINOT ESCAPES FROM HER MALAYSIAN PRINCE

The Malaysian Insider

MANOHARA’S ESCAPE HOGS JAKARTA HEADLINES

JAKARTA, June 1, 2009 – Indonesian model Manohara Odelia Pinot’s escape was the page one lead for Jakarta tabloids and broadsheetsapart from the nation’s online media, as she related her marital experience and run from her Kelantan prince husband.

The 17-year-old beauty has declared she will not return to her husband Tengku Muhammad Fakhry after her escape when she dramatically pushed the emergency button in a hotel lift in Singapore.

The reports said Indonesian embassy officials in Singapore together with the republic’s police force reunited her with her mother Daisy Fajarina who had publicised Manohara’s plight two months ago.

Friends of the Kelantan prince told the Indonesian media that he has denied her allegations and is willing to divorce her just 10 months after they were married last August 26. Both the prince and Manohara were in Singapore where the Kelantan sultan is seeking treatment for a heart ailment.

Local press reports say the Indonesian-American beauty flew home Sunday morning and said she was no longer in love with the Prince whom she accused of sexual abuse and violence. “I am afraid of the daily sex abuse and violence,” the Banjarmasin Post quoted Manohara as saying.

“I don’t sleep every day until about 4am in fear of getting an injection or being drugged,” said the model who was named one of Indonesia’s 100 Precious Women by Harper’s Bazaar magazine.

Daisy had earlier claimed her daughter was kept incommunicado since last February 26 after the family went to Mecca for a pilgrimage.

Family lawyer Yuli Andre Darma told reporters that Manohara has yet to decide her future and will stay at the family home in Slipi, west Jakarta. “What is clear is she won’t decide in the near future. But it is up to Manohara whether she wants to return or not,” the lawyer said.


By: Nurfika Osman, Ismira Lutfia & Farouk Arnaz of Jakarta Globe

Manohara’s Family Wants Neutral Venue

The family of Manohara Odelia Pinot, an Indonesian-American teenager married to a Malaysian prince and reported missing, wants to meet her in a neutral country, despite Malaysia lifting an entry ban on her mother, Daisy Fajarina. Dewi Sari Asih, Manohara’s sister, said on Friday the ban was lifted on Thursday night after pressure from the Indonesian Ministry of Foreign Affairs and widespread media coverage of the case.

“My mother is talking to our lawyer and family today [Friday],” she said. “We have decided to try and meet Manohara in a neutral place, such as Singapore, or they [the prince’s family] can bring Manohara to Jakarta.” “We just want to know her real situation and we want them to show goodwill.” “We also want them to apologize for what they have done,” she added.

Dewi said her mother was hesitant to travel to Malaysia out of fear that she would be detained at the immigration office in Kuala Lumpur, as she said occurred last month. Indonesian Foreign Affairs Ministry spokesman Teuku Faizasyah confirmed on Friday that the Malaysian government had lifted the entry ban on Manohara’s mother, as requested by Jakarta.

“Now she can go to Malaysia at any time, but whether she can meet her daughter is another thing as it is a private matter between in-laws,” Faizasyah said. He said the Malaysian government had not specified a reason for the earlier ban.“The reason could be anything but we don’t know what it was exactly,” Faizasyah said.

Asked about claims of domestic violence against former model Manohara, Faizasyah said the government had taken the issue into account. However, he said, they still had only one side of the story from the mother and no direct testimony from Manohara herself.

“Our embassy in Kuala Lumpur has contacted the Kelantan sultanate and, according to the palace, she [Manohara] is in good condition,” Faizasyah said, adding that the government would only investigate the alleged abuse if there was a direct complaint from Manohara.

National Police spokesman Abubakar Nataprawira said Indonesian police had taken some steps to help Manohara’s mother. However, he said the police could not investigate the case. “She [Daisy] contacted the chief detective at the National Police and later we talked with the Malaysian police,” Abubakar said. “But we can only give suggestions as we are not able to investigate the case because it took place in Malaysia.”

Manohara was 16 when she married Tengku Temenggong Muhammad Fakhry, a prince of Kelantan, on Aug. 26 last year. The alleged kidnapping occurred when the prince’s family and Manohara, her mother and sister were in Saudi Arabia for Islam’s minor pilgrimage, or umroh. Both the families were preparing to return to Malaysia, but once the prince, his family and Manohara were aboard the jet, it took off, leaving Manohara’s mother and sister behind. Daisy could not be contacted for comment on Friday.


MANOHARA’S CASE: THE EIGHT PERSONS NAMED IN THE CRIMINAL COMPLAINT CAN BE JAILED UP TO 70 YEARS UNDER INDONESIAN LAW!

The Manohara saga continued on Tuesday, with the Indonesian-American model pressing image charges against her Malaysian prince husband, Muhammad Fakhry, albeit in the wrong country.

Accompanied by her flamboyant celebrity lawyer, Hotman Paris Hutapea, Manohara Odelia Pinot filed a criminal complaint with the National Police, accusing her husband of kidnapping, physical abuse and rape.

She also named seven other members of the Kelantan Palace in her complaint as being involved in her kidnapping: Kelantan Ruler Ismail Petra and his wife Anis Binti Abdul Hamid; Capt. Zakaria Saleh, the pilot allegedly involved in the kidnapping during a pilgrimage in Saudi Arabia; bodyguard Azhari; a relative of the Ruler, Muhammad Sobri, and his wife; and another relative identified as Ichsan.

Hutapea said that each of the persons listed in the criminal complaint could be jailed for up to 70 years under Indonesian law if found guilty of the alleged offenses. He claimed that Indonesian law applied to all of those reported to the police, but he did not respond when asked by the Jakarta Globe why he did not also file a report with the Malaysian police. Indonesia has an extradition treaty with Malaysia but the treaty does not cover offenses committed in the neighboring country. Any offense alleged to have occurred on Malaysian soil must be tried in that country.

Speaking at a press conference after a four-hour interview with police on the substance of her allegations, Manohara told journalists that she had told her story “from the start.” Asked what evidence he had to back up the allegations, Hutapea said, “The evidence is Manohara’s body. Her body will show how she was treated.”

On Monday night during a similar press conference, Manohara showed journalists a photo on her mobile phone, claiming it was of cuts across her upper chest, allegedly inflicted by her husband. After the questioning on Tuesday, the young model, who was accompanied by her mother Daisy Fajarina and Hutapea, went to Cipto Mangukusumo General Hospital in Central Jakarta to undergo forensic tests.

Manohara, who was 16 when she married the prince last year, made a dramatic escape from her husband during a visit to Singapore on May 31, involving Singaporean police and Indonesian and US diplomats. Manohara has said that her marriage to the prince was rocky from the beginning. In October 2008, she returned to Indonesia, citing abuse, but was reportedly kidnapped by her husband during a minor hajj pilgrimage in Saudi Arabia.

Daisy has said that her daughter was kidnapped by the prince’s family when both families were in Saudi Arabia in February. As the two families were preparing to return to Malaysia, the prince, his family and Manohara boarded the private jet and it took off, leaving Manohara’s mother and sister standing on the tarmac. After the incident, Manohara’s family was unable to enter Malaysia to see her. From THE MIGHT OF THE PEN WEBSITE


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