CV. Candi Internet was established legally in 2001 by Notary I Putu Chandra, SH No. 13 October 2 2001 (B-1)

Starting its business in 2001 by providing Internet service like web hosting and web design, CV Candi Internet has only planned to become an Internet Service Provider (Jasa Akses Internet). We have gathered lots of information of how to establish an ISP business and obtained all required licenses. We found out we could get the license from Jakarta and had to bribe so called “power brokers” to get an ISP license granted.

In order to follow all regulations we have studied more information about how other Indonesian ISPs run the business alike, We found out a practically related subnet (B-2) between Indo.net Jakarta and other CV in Makassar. We then advanced our search for an ISP that holds a national license (B-3) but currently still have not established partnership in Bali.

After getting information from DirJen Postel and ABJJI that exclusive franchising of ISP licenses is allowed and regulated, PT. Pasifik Lintas Buana (VIP.net) and CV. Candi Internet signed an agreement of joint venture and exclusive franchise on April 19 2004. (B-4)

On September 23 2004, Dirjen Postel held a meeting with all ISP in Bali (which most of them don’t have licenses at all ) in order to lay out Telecommunication Law. Those who attended the meeting were : Attorney of Bali Court House District, Official of Bali Affair Administration and 2 top rank officials of Bali Police Department (B-5). Discussed in the meeting that the ISPs were urged to apply for a license, and was given 3 month to get all the license required. It was discussed in the meeting that all ISPs were encouraged to apply for licenses for the latest of 3 months. Furthermore, they added that the briefing would be continually held until no more sweeping conducted in the upcoming months.

However, less than one month after the meeting, there were some police officers from Polda Bali (who were not present in the meeting) coming over at night to CandiInternet for investigation. Here is the chronology:

1. The search was conducted by force on night of October 22 2004 without the approval of the owner (after office hour). The policed insisted on investigating showing a warrant letter to PT. Candi Internet (not to CV. Candi Internet ). The 3 Police officers are Idodo Simangunsong, Zulfikar and unknown officer. All of them showed up without the police attribution and uniform on. Candi Internet reacted that they’d call their lawyer to witness the investigation but the police didn’t care and continued the search instead. The police intimidated and forced the employee of CV. Candi Internet not to stand on their way unless they wanted to go to prison. Police questioned licenses and straightly went into the office taking pictures without the approval of the owner of the property.

2. Confiscating was done on the following day, to be exact Saturday, October 23 2004 at 12.00 pm without any warrant issued by Local Court with the reason of Urgent Situation. When showed that CV Candi Internet holds a subnet license for a national licensed ISP in Jakarta, with the lack of intellectuality and competency, the investigators claimed that having a subnet license is illegal and confiscated property of CV Candi Internet arrogantly. The investigators apparently didn’t want to look into the agreement agreed by such a big ISP Indo.net that obviously have been working on subnet corporation. Despite having the lack of knowledge and APJII regulations about Subnet/Franchise/Reseller (B-6) the investigators proceeded the confiscation. Obviously there’s a ‘special’ mission in such doing. Idodo Simangunsong ordered CV. Candi Internet employees to access CV. Candi Internet’s website Baliwireless.com immediately, then going to a certain page looking for “price comparison” with BlueLine where indeed there was a particular page related to business competition between CV. Candi Internet and BlueLine, strangely Idodo Simangunsong pointed to that page directly. Generally, Idodo Simangunsong are not knowledgeable about techonology, by asking “ Where is the license to have a website?” such a ridiculous question coming out of investigator from CyberCrime Unit of Polda Bali. In this case, everyone knows that having a website requires no license. When told about it, Idodo Simangunsong got upset and asked “In Indonesia, having a website needs a license”. This should have been a lesson to Crime Cyber Unit that Idodo Simangunsong has showed himself dumb witnessed by his peers even superior who was AKP Tri Kuncoro. None of them gave any comments because THEY DON’T UNDERSTAND. There was a “special motivation” encouraging them to investigate CV. Candi Internet. Then the 3 officers who were searching the office plus the other 2 officers standing by the office confiscated the equipments and gave a receipt of confiscation (B-7).

3. The confiscation was againts the law of article 38 Jo. 129 KUHAP.

a) The confiscation conducted without any warrant issued by Chief of Local Court and instead, making up a reason of emergency. Even if those equipments had remained as they were placed, They would not have caused any danger or damages to the environment.

b) If it had been for an urgent reason, Why the confiscation was not done that day? why had to wait for the following day while they had already taken pictures in the first coming?

c) “Have no time” reason sounds really strange because the first coming they had been equipped with warrant of investigation to PT. Candi Internet. Later on found out that they had a new warrant issued for investigation of Candi Internet.

d) Both confiscated equipments are categorized into motionless objects which are used to support business operational. Those equipments are not removable unless by force. AKP Tri Kuncoro removed them without approval.

4. October 24 2004, employees of CV. Candi Internet, I Made Karta Susila asked for explanation to Partners in Jakarta related to ISP license. Unexpectedly that news forwarded to IndoWLI which becoming on air through detik.com (B-8,9,10).

5. October 25 2005, I Made Karta Susila asked AKP Tri Kuncoro to return the equipments or at least lend them to CV. Candi Internet because CV. Candi Internet can not operate without those equipments while on the other hand there’s lots of employees depending on this job. But the request declined and AKP Tri Kuncoro told I Made Karta Susila to submit a letter of attendance to Sang Ayu Made Karnasih in Polda Bali for interrogation. (B-11).

6. Showing her empathy for what CV. Candi Internet has been through. On October 27 2004, Ms Judith Lubis, the chief of Internet Shop Association in Indonesia (Awari) in Jakarta offered herself as a mediator to brainstorm a solution of the confication case.

7. October 28 2004, accompanied by Chief of Bali Monitoring Affair, Ms Judith came to Bali to see the Vice Chief of Bali Police. The meeting didnt turn out as expected because the Police threatened Ir. Slamet Wibowo would be arrested for his conspiracy to CV Candi Internet.

8. While at the same time, Ms Ayu was being questioned by Chief Unit UCC Tri Kuncoro as a suspect without her lawyer. After a long process, she was asked to return on the following day to bring evidences such as invoices.

9. On October 29 2004, Ms Ayu agreed to come to Police office with invoices on her hands. The questioning took 2 days to end, but it was unclearly written in their Investigation Records (BAP) as stated in Law of Crime Agenda (KUHAP) as if the questioning has only taken a day and ended on October 28 2004 (B-12). As a suspect, Sang Ayu Made Karnasih has repeatedly requested for the copies of the Investigation records but does not receive any to this day.

10. In the beginning of November 2004, Judith Lubis came again to Bali with an advocate. CV. Candi Internet covered the travel expenses. They both offered consultancy to POLDA. Judith Lubis said to I Made Karta Susila, Richy Santosh and Awan that to shut down CV. Candi Internet case requires a cash of amount US$ 14.000.000 in which $7000 for Judith Lubis and another US$ 7000 for a person in POLDA.

11. Eversince, distorted and hectic news flooded on various local newspaper which disgraced CV. Candi Internet in the eyes of community and moreover the customer. Initializing Candi Internet is an illegal ISP and allegedly stealing datas from satellite must be interpreted as purposely false information (B-13,14,15).

12. Blackmailing was done by Chief of Unit on Thursday of November 4 2004. On daylight, AKP Tri Kuncoro called Sang Ayu Made Karnasih to come together with Harald Bleckert to Bali Bakery at 20.00 pm to see AKP Tri Kuncoro to talk about possibility of shutting the case down. As always, with the lack of capability, AKP Tri Kuncoro made a statement that Candi Internet should have used a same name with PT. Pasifik Lintas Buana to operate in Bali. Of course, Harald Bleckert could never imagine how come there would be 2 PT. companies with the same name, in different ownership; which is one in Jakarta and another in Bali. But AKP Tri Kuncoro insisted that Candi Internet must do so as it’d be one of the main requirement to continue his business existence in Bali. After showing off his dumbness, AKP Tri Kuncoro asked for Rp. 100.000.000 to shut down the case. AKP Tri Kuncoro added the money would be given to his superior in Polda Bali.


13. Suggested by German Consulate, we have appointed an advocate to help us solve the problem. The advocate promised to settle down the case in a week by negotiating with the investigator but after 3 weeks of negotiation, none of any agreement was met. There was somewhat an indication leading to a blackmail to CV. Candi Internet but during the “win-win money solution”, the investigator absolutely did not do any investigation. But 3 weeks later when the negotiation failed and CV. Candi Internet appointed a new advocate, the investigators were back to intimidate CV. Candi Internet.


14. After 3 months of investigation, the case has not been delivered to the Prosecutor. Lots of reasons have been mentioned to the prosecutor’s office to suspend the time which are; the investigators are in training session for a week, and will call witnesses from Jakarta, The police are busy due to the Golkar Assembly in Bali, also the police are busy for security preparation for New Year, parent of Chief Unit passed away, Vice Director and Director of Crime and Research are not in Bali and still there are lots of non sense reasons. All those reasons are supposed to be Bali Polda, not because of CV. Candi Internet but the process of investigation – and all this investigation has caused a great loss to CV. Candi Internet

15. Each letter of attendance was referred to Chapter 47 Law of 36 of 1999 in which Candi Internet is allegedly to have no license in running the ISP business, but after a long investigation investigators finally realized that subnet practice is allowed and regulated according to APJII, even the General Prosecutor returned the documents of case to Investigator for no strong evidence bring it up to. Investigator still, tries to find one way or another to cause a trouble to Candi Internet by bringing up the case to the Court. One of the most unprofessional action done was when he said as a CV Candi Internet is not allowed to run an ISP except it changes itself to PT. This is so dumb to hear from an investigator. Then the investigator mentioned about the investigation of certification on equipments. Investigators knew for sure that CV. Candi Internet has not yet used those equipments. CV. Candi Internet bought them from TDS that has been operating for years in Telecommunication sales. The investigator insisted on referring the case to the General Prosecutor although He has not started any investigation on TDS. The course of investigation is heading to uncertain path.

16. During the process of investigation, the police have mentally pressured these persons described below:

* Sang Ayu Made Karnasih

• With no enough supporting evident due to subnet certification, investigators have claimed the Directress as a suspect. As a law-obeyed woman, she has never been under any law related investigation leading her to mentally in pain and distress.
• The questioniong was kept on schedule even when Doctor’s letter of approval stating that the suspect is not in a good condition of health. What worse is that the suspect has not reveived any copies of the Invesigation Records. Investigator purposely made things complicated for her to have those copies.
• For the second time, a letter of attending to SUSPECT sent by Bali Police to her neighbor on off days has inflicted an unwell-being of herself in the community (B-16).
• Zulfikar terrorized Suspect on the telephone on Wednesday, December 22 2004 at 08.40 am asking her presence report to Bali Police on every Monday and Thursday. “be at your own risk if you dont show up”. On the other hand, the more senior investigator has agreed to a written letter for every attendance report
• Idodo Simangunsong and Iptu Ahmad Jaelani have as well presurred her in front of lots of witnesses ( husband and employees) yelling that they would release a warrant for arresstment

* I Made Karta Susila

• Interrogation on I Made Karta Susila was firstly done without any formal letter but orally informed. Though the interrogation took till late at 12 am.
• For the second questioning, Chief Squad-1 (Kasat 1) called for presence on December 23 2004 (evidents enclosed) (B-17). Witness interrogated by 3 investigators respectively (written in the investigation records ). One of the investigators gave an excuse that a loud harsh speaking is his natural way of. On the same day, December 23 2004 (B-18), the same person called for the witness to come on the following day (evident enclosed). Apparantly, this is just a way of putting pressures on witnesses by investigators.

* This case has been media experiment and CV. Candi Internet has become the scapegoat!

• Investigation on allegedly unlicensed ISP has been a new and major issue in Indonesia. It occured in Jogjakarta for the very first time and the second hit is CV Candi Internet in Bali. It is understandable the investigators are apparantly lack of knowledge and are not competent enough in this field, since this hits Bali for the first time.

• Investigation on allegedly unlicensed ISP has been a new and major issue in Indonesia. It occured in Jogjakarta for the very first time and the second hit is CV Candi Internet in Bali. It is understandable the investigators are apparantly lack of knowledge and are not competent enough in this field, since this hits Bali for the first time. (B-19).

• Referring to the similar case that has occured in Jogjakarta, the investigation was put on stop (B-20). The Police and Government (Dirjen PosTel) accepted the lack of knowledge from the entreprenaur about license regulations. On the other side, the entreprenaur committed to immediately complete themselves with the required licenses.

• Based on the law, Government performs the guidances on telecommunication. Here in DirJen PosTel performed guidances on September 23 2004 where in the meeting the Denpasar Monitoring Affair stated they would further the guidances in several months ahead. • The Chief of Monitoring, Slamet Wibowo says that the team would not conduct a sweeping action on telecommunication provider in the several months to come. The task team would consist of 2 prosecutors at District Attorney, 2 officials Bali Affair Administration and 2 top ranks Bali Police sub KORWAS. • However in this case, what investigators did was a sweeping one month after the guidance commencing date. The Chief of Monitoring showed a shock reaction. There was not a well organized coodirnation among the teamwork after all. (B-21).

• Regulations on ISP having a license has been a main reason to search, confiscate and question witnessess and suspects. After a long struggle coming with no result and that they found out CV Candi Internet holds a legal license as a subnet of VIP.net, not that they tried one way an another to lead and expand the investigation which is way beyond CV Candi Internet responsibilities as an ISP. • CV Candi Internet as a telecommunication provider is only limited to be an Internet Service Provider (ISP) which is providing an Internet Access as a part of multimedia services. By this, CV Candi Internet holds a license as a subnet in the region of Bali, Nusat Tenggara Barat, and Nusa Tenggara Timur. Based on the legality foundation of Law of Crime in Indonesia states that this isn’t againts the law for no any written articles matched the criteria that subnet cooperation is legally unallowed

• According to the amendment of Chapter VIII article (90-94) Government Regulation No. 52 0f 2000 about Telecommunication Provider stating that APJII is a semi-institution of government whose administrative framework regulated by Minister. APJII functions as to pull together the opinions and thoughts of community regarding to the telecommunication development. In the case of Subnet practice, in its Standard Internet Resources Services APJII explained IP address has been assigned based on the technical needs not bandwidth that allows subnet/franchise/reseller to operate. And this statement stated by APJII whose members consists of telecommunication intellectuals. In conclusion, that there is NOT any written article against the subnet practice but THERE IS a written article consenting to it

• The investigators have questioned established ISPs in Bali. Some of them absolutely DO NOT HAVE any ISP license at all, not to mention the fact that a few of ISPs possess more equipment than what CV. Candi Internet had. There was not any further investigation on those 6 ISPs without license . After CV. Candi Internet suffered from confiscation, then came along those 2 out of 6 ISPs applied for a license. And only applied.

Publishing all case documents is meant to create transparency, public accessibility and to protect my family thus!

I am living on Bali since 1998 when a wave of reform and desire for change and democracy ended 30 years of dictatorship

The fact that I document our case on the web is also demonstrating my trust in the government of Indonesia and the sincerity of President Susilo Bambang Yudhoyono's honest intentions to help create a better Indonesia and thus fight corruption and law extortion.

The terror against us was initiated by Police Officers from ResKrim Bali

(AKBP Dr. Edison H. PandJaitan, AKBP Edy Suswanto, AKP Tri Kuncoro, Idodo Simangunsong, Iptu Ahmad Jaelani, Zulfikar, Kombes AS Reniban and others) on October 22nd 2004 and by two prosecutors,
I.B. Wiswantanu (Chief prosecutor of Bali ) and Suhadi (put in charge of our case by I.B. Wiswantanu) from Attorney General office Bali in March 2005.

In order not to make KPK's investigation extremly difficulty, the files and this timeline information are not complete.

Indonesia 's new Anti-Corruption Commission KPK decided on April 25 2005 to investigate into this case as we reported the basic facts to their chairman Erry Hardjapamekas.

The biggest legal and de facto problem at this point is that though Bali ResKrim's "Cyber Squad" is now being investigated by Propam, as ordered by KPK Jakarta,

Bali prosecuters provided three backdated legal documents same day on May 2 and now try everything to get my wife to court soon as they can.

We have not received the summons letter yet, but lawyer Azhari informed us that it will come any day soon.
By any law and logic I know, the prosecutor's activity and any court activity need be frozen until the investigation into police and prosecutors activities is finished.

Naturally the attorney general Bali would never have received any case if police did not start their law extortion in October 2004.

But the prosecutors ignore Propam's investigation and I am afraid they will try to press my wife Sang Ayu into a forced confession of guilt.

Prosecutor I.B. Wiswantanu already threatened her with jail and forced her to bribe him in March simply to be allowed to go back home!

I desperately hope Jaksa Agung Bali or at least Jaksa Agung Jakarta will urgently freeze the prosecutor's activities against us until further notice and start investigate into the illegal activities of prosecutors Ida Bagus Wiswantanu and Suhadi.

These prosecutors refused to close a case that was obviously a pure case of extortion from the beginning.
The biggest legal and de facto problem at this point is that though Bali ResKrim's "Cyber Squad" is now being investigated by Propam, as ordered by KPK Jakarta, prosecution provided three backdated legal documents same day on May 2 and tries everything to get my wife to court soon as they can.

We have not received the summons letter yet, but lawyer Azhari informed us that it will come any day soon.

By any law and logic I know, the prosecutor's activity and any court activity need be frozen till the investigation into police extortion is finished.

Naturally the attorney general Bali would never have received any files if police did not start their law extortion in October 2004.

But the prosecutors ignore Propam's investigation and I am afraid they will try to press Sang Ayu into a forced confession of guilt.

We assume the prosecutors plan to get my wife sentenced and intend to find a judge suiting their purposes.
Back in January I.B. Wiswantanu asked for ... to close the case and told us that he would ask police to find something new against us as he admitted that we could not be charged for lack of an ISP license as we had a legal exclusive franchise with national license holder PT. Pasifik Lintas Buana.

During February and March we heard from our vSat equipment provider PT. Telemdia, where we purchased the "confiscated" vSat equipment, that police called him frequently by phone asking him to come to Bali in order to witness against us.

The charge was "missing type approval by DirJen PosTel as required according to law No. 36 from 1999".

To date I can't understand this, as we purchased from Telemedia, a well established vSat provider also supplying the army (TNI), police, other government departments and other ISPs.
So if the charge was true, how could CV. Candi Internet be anything but the victim ?

Is the buyer supposed to validate such legal finesse ?

Besides we know from other ISP that the process of certification for type approval is done rarely, even TelKom uses many products without such approval, the law was supposed to be unfinished at least till Jan. 2005, when Menteri Perhubungan (Telecommunications) for the first time published regulations regarding the process of type approval.

But the regulation from January 2005 also rules that uncertified equipment may be used for a period of 12 month.
My family needs urgent help to stop proceedings of Jaksa Bali as they try strong to get

Sang Ayu to court always next day or soon as they can.

My wife is very much afraid and traumatized. So is my 8-year old daughter. Every new noise makes them panic as Sang Ayu was many times threatened with arrest already.

At about 15:00 on May 6, prosecutor Suhadi (one of the accused officers in our report against Jaksa Bali) called our office and asked one of my co-workers if my wife Sang Ayu was in the office.

When he was told that she was not in office, Suhadi asked where she was.

The answer was that my co-worker did not know her whereabouts.

At 17:08 Suhadi came to our office.

I tried stopping him from entering our office and asked if he had a court order to enter our office.
He did not reply, I could not stop him, he just pushed me and passed by and I did not dare stop him by force.
I refused entry with gestures, in English and some Indonesian.

Suhadi ignored my denial of permission to enter our office at 17:08 today.
I asked him what he wanted and he told me he had a letter for Sang Ayu, a summons letter to attend a court session.

I told him that Sang Ayu was not in the office, I refused to accept the letter on Sang Ayu's behalf and so would all my co-workers and Sang Ayu herself.

I called our lawyers Azhari and Ibu Lilly Sri Lubis.

Both confirmed that Suhadi had no right to wait inside without permission and that we had the right to refuse taking the letter on behalf of Sang Ayu.
Azhari and Suahdi discussed for a while. There where several phone calls I made to Azhari.

Azhari and me, we both informed Suhadi that KPK has already initiated investigation into the case because of my report regarding law extortion and corruption exercised by both ResKrim police and the office of Attorney General Bali, respectively Suhadi and his superior Ida Bagus Wiswantanu.

I also delivered copies of my respective letters to KPK and Kejaksaan Republic Indonesia also from today, May 6, and Suhadi received a copy of the letter of invitation from ProPam Bal dated May 3, 2005 which asked Ibu Ayu to come to their office for an interview on May 4.

The subject was the investigation into ResKrim following my earlier report to KPK from April 10, 2005 .
His reaction was talking, musing and laughing most of the time.
Azhari same, as me, also asked Suhadi to suspend his intention to deliver this letter of summons and rather wait further instructions from his office, as the prosecutor can hardly proceed with uttermost speed on a case which is already being reported and investigated for alleged law extortion and corruption starting May 3 only as far as I know.

I also informed him that he himself and also his boss Ida Bagus Wiswantanu where reported by me already and I refused any contact.

I was very angry inside and sometimes I lost control and shouted at Suhadi and then calmed myself down again.

Suhadi stayed in our office for about 2 hours !

During the last 30-40 minutes he was talking to Made Sukadana, who is our landlord and head of LPMD Seminyak, Kec. Kuta, and also a lawyer.
Suhadi tried hard to convince Made Sukadana to take his letter and sign a receipt.
Suhadi also gave wrong testimony regarding the charges stated in the documents from Jaksa Bali.

The complete event has been monitored by video camera.
A copy can be made available and is currently being copied to our website.

I informed many organizations and individuals that we have pledged for legal protection (Perlindungan Hukum) but Sang Ayu is currently without any protection from prosecutors chasing, harassing and victimizing her.
So I must protect my family best as I can and hope to get support from every Indonesian Government official who is honestly willing to contribute to minimizing law extortion and corruption and help enforce the Rule of Law in Indonesia !

Until today, May 17, and since April 26, Suhadi tried three times to press my wife into a court session without ever providing any legal documents, not even charges or file numbers.

On May 2 Suhadi left the three legally required and backdated documents on a table in our office when he came here after 6 pm to deliver his summons letter personally to my wife.

She refused taking it because the summons for next day was unlawful and our lawyer already refused the session.

Suhadi came again here on May 6, also after 5 pm as mentioned before and was filmed while he spent about 90 minutes without permission in our office.
Again his declared purpose was to deliver the same letter to my wife who was not in the office.
When asked how long he wanted to wait for her, Suhadi replied he would wait until she came back, no matter how long.

The Video is embarrassing and though it documents only minor law extortion, it documents the mentality of the people who are terrorizing us very well.

Until today Suhadi pretended to try at least four more times to deliver this letter.
He was visiting our home in Canggu over the weekend and he even visited Sang Ayu's family in Gianyar, one hour driving from Denpasar and harrassing the family for two hours.
Everybody so far refused taking the letter from Suhadi and he was asked many times to deliver to the village head (Kepala Desa) as required by the law or to our lawyer.

Suhadi even told Sang Ayu's father when asked to bring his letter to Kepala Desa as required by the law and by Adat Bali (common law) that his letter was a private letter (Surat Pribadi).

Suhadi never yet tried to do a proper delivery of a court summons letter.

After May 6, he never came to our office anymore and he came to our house only when noboday was at home.
He left no note and did not contact the village head.

We were informed by KPK today that Bali prosecutors where already expected to stop any further proceedings against us since KPK is investigating.

After KPK received my reports about what happened since May 2 and how prosecutor Suhadi was terrorizing Sang Ayu, they told us not to worry and promised to inform Bali prosecution to freeze any proceedings against us immediately!

What a relieve !!!

My wife Sang Ayu and our daughter are so traumatized that both of them occasionally cry in their sleep and are afraid staying at home.
Sang Ayu is afraid prosecuters will arrest her right away, because they are so angry for my reports and publishing, she even fears she would get abused by police or prosecutors!

And as I am neither a hero nor superman, I am not in the best possible shape myself.
I am very much afraid but I can't afford fear to determine action.

At about 14:00 Prosecutor Suhadi called out office in the afternoon, asking if Sang Ayu was in the office.
When he was told she was not there, he asked if she would ever come to the office.
Our secretary told him that Sang Ayu came to the office sometimes.

Neighbors told us later that 2 big police cars parked in front of our house at about 13:00 and some police officers left the cars and looked at our house, then reentered the cars and disappeared.

This morning we left the house at about 8:00 in the morning and went to see the head (Klian) of our village to ask if there was any Summons Letter (Surat Pangilan) or any enquiry from police or prosecution (Kejaksaan) ever.

The Klian told us that nobody ever came to his office on behalf of Sang Ayu, but he heard the stories from our neighbors about Jaksa Suhadi and police looking for us.

We left the Klian office and just wanted to enter the car when 3 police appeared on motorbikes and stopped us.
We ask them to go with us to Klian office next door and they agreed.
The police informed Sang Ayu that they have a letter to arrest her and bring her to Polda Bali.
One police then accompanied us in our car to Polda Bali.

We tried call lawyer Lily Lubis and also Bp. Junino Jahya but no answer. Bp. Nasrun was informed and asked to contact KPK.
The police accompanied Sang Ayu into the office of Tri Kuncoro, the chief investigator of "Cyber Crime Squad" whom I reported to KPK as a suspect of corruption and law abuse.
Police told us we must wait for Jaksa Suhadi.

While Sang Ayu was waiting I called lawyer Lily Lubis.

Lily Lubis just said "Later" to me and hang up the phone.
I called our previous lawyer Azhari and asked for urgent help and he promised to come to Polda immediately.

I went to the office of Nyoman Sujipta, head of Propam task force, told him what happened and asked for legal protection. He asked to talk to our lawyer.

Azhari told me later that Propam considered the investigation on behalf of KPK enquiry finished.
Sang Ayu told me, when she was alone with Police and Jaksa Suhadi, they said that she was only a victim and that really I was their target not her!

Police brought Sang Ayu to the office of Jaksa Suhadi (prosecution) at about 10:30 .
A little later she was brought to the premises of Bali district court and we were told to wait.

The court session with 3 judges started around 13:00 .
Jaksa Suhadi applied to have Sang Ayu arrested because she did not follow the court summons letters he presumably tried to deliver since May 2.

Lawyer Azhari explained the history of Jaksa Suhadi requesting 3 times to come to court next day without any documents ever given from prosecutors office, respectively on April 25 and May 2 (2 times Suhadi requested to appear at court by phone before he came to our office on May 2).
The letter left here in our office on May 2 was a summons for next day and we refused that session because of the time being next day and because we asked him to give the letter to our lawyer Azhari, who already refused the session for May 3 when asked over the phone.

Azhari also explained that Sang Ayu always cooperated and respected the law, never missing a single one of the twice-weekly police reports and that she had no intention to ignore the court, to hide or run away.

The court then decided to refuse the prosecutors application to arrest Sang Ayu!

Jaksa Suhadi protested and then the court decided to follow Jaksa Suhadi and arrest Ibu Ayu for 30 days starting immediately.
The court decided Sang Ayu could only be released if a bail of Rp. 250 million was guaranteed.
Our lawyer's immediate request to accept me to guarantee for the bail was rejected on the grounds that I am a foreigner.

The next court session was scheduled for Tuesday, June 21 and Sang Ayu was brought back to the prosecutors office.
30 minutes later a police car brought Sang Ayu to the Balinese prison in Kerobokan where she is until now!

Lawyer Lily Lubis was in Jakarta on Monday when at the same day she had an oral agreement with one of the judges to appear at court.
She told us yesterday, Tuesday June 14, in the morning that she already talked with the Judge again and will later meet with the Judge and Jaksa Suhadi to schedule a new date for the first orderly court session.
Lawyer Lily Lubis did not call us back until now! She may be too busy and involved with the case of Schapelle Corby.
Sang Ayu dismissed the power of attorney for Lily Lubis.

I don't know what to tell our eight year old daughter nor do I know what to tell Sang Ayu's family.

I am so much worrying about my wife and also feel it's all my fault, because I tried to follow the law and reported Police and Jaksa for corruption and law abuse instead of paying them when asked for money. And everyone here on Bali warned me and told me that such a thing can't be done on Bali , everyone has to pay money when requested, the law can't be enforced.

Now my wife if in prison and she never did anything unlawful in her life!

I visited Sang Ayu in the prison around 9:30 in the morning and went there together with our daughter, to whom I explained what happened the day before.

My daughter was crying very much, but then insisted to come with me to visit her mother in the jail.
She also called her teacher early morning, told Ibu Guru that her mother was put to prison and said she was not shy about this because she knows her parents are not criminals but having problem with bad policemen.

My daughter decided not to go to school as long as Sang Ayu is jailed but rather visit her every day.
She was very sad when she learned today that there will be no visits on the weekend.
We stayed with Sang Ayu as long as permitted by prison authorities.

Sang Ayu's brother, her brother in law and me were meeting at the court premises early morning to sign the required documents to bail Sang Ayu our of prison.
We met the presiding Judge Nyoman Karma in his office. He checked the IDs presented and the bail appeal plus guarantee and gave a teaching about the responsibility of related to signing this.

Lawyer Azhari was confident we would get the release documents signed same morning.
Then Azhari was told the court secretary required to prepare the release documents could not be located.
When the secretary was back in her office around 11:00 , the presiding judge had already left the court to go home and enjoy his weekend.
When Sang Ayu's brother called him by handphone just minutes later he refused to return to office and asked Sang Ayu's brother to "have patience".

Monday, June 20, 2005

The judges refused to sign the release papers an Monday June 20 and asked our lawyer to wait till the next court session.
Lawyer Azhari filed a complaint regarding the arrest and subsequent refusal to release Sang Ayu on bail with the head of Bali Court .

Sang Ayu was brought from the prison with the police bus and kept in a cage together with about 30 men until prosecutor Suhadi appeared and ordered to bring her to the court room.
She was then permitted to wait outside the court room until the session started.

The judges refused to sign the release papers, again saying they were still checking the application.
This application is a standard form where only the names of persons and the bail amount is variable!

Lawyer Azhari read and filed an exception giving half a dozen sound reasons why this court case should be dismissed.

After the session Sang Ayu was brought back to the cage where she had to wait till the prisoner transport was ready to bring all prisoners back to the prison.

Third court session was held today.

Since the court refuses to specify ever an exact time for a session to start, we need to be there at 10:00 .
Sang Ayu was brought from prison and put into the cage again.
Today she was in chains outside of the prisoner transport bus and had to stay inside the cage until the session started around 13:00 .

Prosecutor Suhadi read and filed his reply to lawyer Azharis exception.
After the session Sang Ayu was brought back to the cage were she stayed for about 2 hours more.

The judges refused to sign the release papers, again saying they were still checking the application.

The cage for prisoner detention is a disgrace for Indonesia and completely inhuman.
There are neither sanitary facilities nor is water or other drink available unless someone buys a drink and provide it to a prisoner inside the cage.

We had a meeting with lawyer Azhari and some friends in our office.
We discussed the prosecutor's statements as given in his reply to Azharis exception appeal.

Most important results:
Prosecution stated that our partnership (franchise) with PT Pasifik Lintas Buana was not related to this case !!!

We believe this indicates that prosecution understands that the subject of investigation (our franchise contract was on-the-spot declared illegal by police) was wrong from the beginning!

Thus cv. Candi Internet as represented by sole "suspect" director/owner Sang Ayu is indicted/charged only for Internet access operations provided directly and by ourselves and as offered on our website www.CandiInternet.com .
On this website we never offered ANY Internet access services.
Only services like web hosting, web design, website promotion, etc, which do not require any special licenses.

The only Internet access services we ever offered or even planned to offer on our own are the services we provide in our Internet shop (WarNet).

We checked the telecommunication law 36 from 1999 which Sang Ayu supposedly violated and did not find any exception for Internet shops!

Our company was notarized 2001 with the purpose to provide internet services (ISP) including an Internet shop.
Our trade licenses (TDP and SIUP) are covering our business as "Jasa Internet".
This is not enough to make our Internet shop strictly legal:

Every Internet shop in Indonesia obviously needs an ISP license from DirJen PosTel in Jakarta .
Research we conducted on DirJen PosTel's website www.postel.go.id and using www.Google.com later confirmed this legal analysis.

So police, prosecution and now the court they are legally right.
We violated law No. 36 from 1999 by operating an Internet Access Business without the required ISP license from DirJen PosTel.

We shall apply for exception again, as the responsibility for this crime should be with the Ministry for Trade and Industry (Dinas Perindustrian) who issued our trade licenses.
The Dinas did not provide any teaching.

Every WarNet (Internet shop) in Indonesia is in the same situation like us!
Their owners all face possible police investigation and a maximum penalty of 6 years according to the law!

We need to ask the President of Indonesia to step in and eventually issue a presidential decree excepting WarNets from the requirement to have an ISP license from DirJen PosTel.

Lawyer Azhari informed me today that Sang Ayu will be released only against cash bail!
This is very unusual for Bali. Last time a court in Bali asked a cash Bail was in July 2004.
And it seems to be the first time that a Balinese is asked to pay cash bail when the family already signed
a bail application.
As I am completely out of money and Sang Ayu's family is very honest and very poor, this option does not help us.
But then a friend visited me in the evening.
When he heard about the cash bail request he immediately offered Rp. 100 million credit.

I called Azhari and asked him to contact judge Nyoman Karma and tell him I could pay 100 million cash to the court.
Ask if this would be enough to release Sang Ayu.
Azhari called back a few minutes later and informed me that judghe Nyoman karma agreed.
I should come to the court next day early morning and Sang Ayu would be released once the money has been paid.

We met at the court 8:00 in the morning: Sang Ayu's brother in law, lawyer Azhari and me.
After administration validated the cash check of Rp. 100 million to be good, they asked me to sign a receipt.
The receipt was also signed by court administration and stated this money was meant to be bail for
Sang Ayu Made Karnasih.
But it did not say if and when Sang Ayu was to be released.
When I asked them to add the words "for Sang Ayu Made Karnasih to be released from prison today" administration said
they could not add anything to the text and only the judge could decide about the release.
I asked to please understand that this money was to get my wife released today, not some other day, and
asked agreement to swap this paper with the release paper the judge Made S. supposedly signed already.
They first rejected, but then agreed to join me and go together to the office of the judge and swap papers there.

We met the judge on the court premises outside of his office.
I greeted him friendly and thanked him for his help and time spent.
He started shouting at me and accused me and my wife of wrong doings and that it was our own fault she was in prison.
Why did we not respect summons letters.
I asked my brother in law to explain to him, but to no avail.
He continued to look very very angry and only shouted.
Then the secretary of court administration told him that I did not sign the receipt yet.
He put the paper on a table in an empty court room nearby and demanded that I sign.
I refused and asked my brother in law to explain the reason.
The judge shouted something again and left the room.
My lawyer who was not present said later that I blew it up, he already saw the release paper and it was all my fault.
From other prisoners in Kerobokan prison I heard later that it is very difficulty to get the bail refunded later and
always some "present percentage" was required in order to have a chance of refund.

The fifth court session was held today.
The only witness questioned was Nasrun Sanif, the director or PT. Pasifik Lintas Buana.
He explained in simple terms that and why our joint venture, business plan and preparations are
completely legal and common in Indonesia.

Now the prosecutor says our modem is evidence for internet access services,
we did get data from a foreign satellite, damage the nation, etc...
The judges say we should have taken data from Jakarta only, not from a satellite, as we were
reselling PT. Pasifik Lintas Buana data connections.
The prosecutor says we are an ISP (true, that's the only business we ever did, providing internet services,
also our SIUP and TDP says "Jasa Internet"),
Bp. Nasrun from PT. Pasifik Lintas Buana says no, only PT. Pasifik Lintas Buana is an ISP, we are reselling for them, so we are not ISP,....

Communication always requires some agreement regarding the meaning of words and also
investigation, prosecution and judgement require some minimum understanding of the object of the case.
All this is not given.
They all use the english term ISP (Internet Service Provider), what they talk about is actually
Jasa akses Internet (Internet access Services), but nobody sees the difference.
And clearly CV. Candi Internet is an ISP and even provides Internet Access since 2001 in our Internet shop.
And as PT. Pasifik Lintas Buanas joint venture partner and franchise partner we are also definetely providing internet services
and thus we are nothing but an ISP.
How bizaree!
The session was closed after Bp. Nasrun was dismissed.

Sang Ayu was infomed by prison authorities today that the court sentenced her to stay another 60 days in jail !
On June 15 presiding judge Nyoman Karma sentenced her to 30 days in Kerobokan prison for
"ignoring court summons letters" without checking evidence for delivering any legal court summons letters ever.

Today the same judge I Nyoman Karma decided to imprison my wife for another 60 days allegedly
because of the legal maximum term of punishment according to the indicted violations of
Telecommunications law No. 36 from 1999.
The bail (security) to get her released was set by judge Nyoman Karma at Rp. 250 million Rupiah.

Her Balinese family and I already signed for the security of 250 million Rupiah on June 17.

The court refused to release Sang Ayu and until today the court did not give any reason for this refusal.
Our lawyer says the judges are still checking the signed bail application (a standard form).
What are they really checking ?

This is not a personal problem only, but the problem of law extortion and corruption is completely out of control.

Crimes like those committed against my family and my business need be stopped for the sake of all people of Indonesia and for the sake of humanity !

Also I believe Dr. John MacDougall, moderator of Indonesian-Studies, made some important points which I missed to see so far when he concluded yesterday that this case "illustrates a threat to expansion of internet access in Indonesia " and then
"There is a need for immediate intervention by other responsible governmental and non-governmental persons and bodies"

Let's work together for a better Indonesia where the Rule of Law prevails!

Such work can never damage the international reputation of the Republic of Indonesia but only win respect and will help to convince foreign investors that Indonesia is a good place for investment.

Bali , July 13, 2005

I Md. Sambu
(Harry Bleckert )