Bali News Update Week 18.

Puputan: Echoes from Bali's Past

Bali History: Klungkung Puputan of April 28, 1908

 

(4/29/2013) April 28, 1908 is a date that will life forever in the collective memory of the people of Klungkung, East Bali. On that day, the Raja of Klungkung, Dewa Agung Jambe, his loyal troops, family members and followers died valiantly defending their Kingdom form the Dutch.

 

The Puputan of Klungkung on April 28th was the climax of a long-standing dispute over Dutch intervention in local issues ranging from border disputes to the monopoly in the trade of opium. Puputan is a Balinese term used to describe a traditional heroic “fight to the death” and remains a reoccurring theme in the history of the Island.

 

in 1908, warfare between the Kingdom and the Dutch Colonialist broke out initially in Gelgel. Tension rose between April 13-16, 1908, when Dutch troops were deployed to conduct inspections and safeguard depots used by the Dutch to sell the opium controlled under a colonial monopoly.

 

Leading figures from the Klungkung palace opposed these patrols, seen as infringing on the sovereignty of the Rajah. Cokorda Gelgel of the Royal Household was on the frontline of the resistance. An attack was eventually launched on the patrolling Dutch troops, leaving 10 Royal Dutch conscripts dead, including the man leading the patrol, Lieutenant Haremaker. The Gelgel insurgents also suffered 12 casualties, with IB Putu Gledeg numbering among the dead.

 

Some contend that the Dutch were, in fact, waiting for such an incident and the justification it would offer for launching a large-scale offensive on the Balinese of  Klungkung.

 

According to this scenario, the Dutch accused Klungkung of rebelling against the colonial Dutch-Indies government resulting in a special expeditionary force being dispatched to Bali from Batavia. Meanwhile, the Raja and people of Klungkung were given the ultimatum of surrendering to the Dutch forces before April 22, 1908 or face unspecified dire consequences. Fearing exiled from his beloved Kingdom, the Raja of Klungkung boldly rejected the Dutch demands, an announcement  to that effect precipitating shelling by Dutch cannons on the royal palaces at Semarapura, Gelgel and Satria.

 

On April 27, 1908, the special expeditionary force from Batavia arrived in Bali aboard a fully armed Dutch war ship. The Dutch forces made landings in Bali at Kusamba and Jumpai - a day's march from Klungkung.

 

The ensuing war saw Kusamba and Jumpai quickly fall into the hands of the better-armed Dutch forces. Gradually, the Dutch soldiers began a march from the seaside to Klungkung, whilst the palace at Semarapura was quickly surrounded by the Dutch troops.

 

Cokorda Gelgel and Dewa Agung Gde Semarabawa fell in battles with the Dutch at the southern defenses. Upon hearing of the death of his Father, the 12-year-old Crown Prince joined his widowed mother, Dewa Agung Muter, on the battlefield. On the field of battle, all came dressed in white in anticipation of the certain death that awaited them. And, indeed, Dewa Agung Muter and her princely son soon lay dead cut down by bayonets and bullets from the Dutch troops.

 

Hearing of the death of the Queen Mother and the Crown Prince did not, however, deter Dewa Agung Jambe. Hardened in his resolve by their deaths, Dewa Agung Jambe led his royal household and loyal troops in a direct frontal assault on the advancing Dutch.

 

Badly out gunned, the Balinese King and his entourage quickly fell in a hail of bullets fired by the Dutch forces and the town of Klungkung was taken into Dutch hands at 3:00 pm on April 28, 1908.

 

Like the Puputan of two years before in Denpasar, hundreds of dead laid scattered on the ground now occupied by Dutch forces, all that remained on the physical plane of the proud Balinese who refused to bow down before the colonial forces occupying their homelands.

 

The Vote Must Go On!

Bali Election Commission Reaffirms Election Ballots and Orders for Governor’s Race to Go Ahead as Planned on May 15

 

(4/28/2013) The State News Agency Antara confirms that the Bali Election Commission (KPU-Bali) have made a decision that the gubernatorial elections set for May 15, 2013 can proceed according to schedule, despite protest over the presences of the PDIP’s symbol the ballot.

 

KPU-Bali’s chairman, Ketut Sukawati Lanang Putra Perbawa told the press on Saturday, April 27, 2013, following an emergency plenary session of the Commission, “The ballots that will be used (in the election) are the ballot that have been printed and distributed to the regencies and municipalities.”

 

He said the decision was made based on the desire to see the election proceed as scheduled, Lanang added, “All parties are urged to guard security, peace and good order in Bali.”

 

The decision to use the current ballots was made over objections from the incumbent candidate Made Mangku Pastika and was, according to the KPU-Bali,  based on a careful review of the election law and after consulting with the National Election Commission (KPU-Indonesia) in Jakarta.

 

As reported earlier by Balidisocvery.com, the ballots prepared for the May 15 election in Bali includes the logo of the Indonesian Party for Democratic Study (PDIP) in addition to the pictures and names of that party's two candidates Anak Agung Ngurah Puspayoga and Dewa Nyoman Sukrawan.

 

Meanwhile the official election regulations only allow the names, party number and pictures of the candidates to appear on the ballot.

 

Meanwhile, the chairman of the Bali Election Supervisory Committee (Panwaslu Bali), Made Wena, has called on all parties involved with the coming elections in Bali to accept the decision of the KPU-Bali in order that the democratic process can continue.

 

Shown on Balidisocvery.com is the chairman of KPU-Bali,  Ketut Sukawati Lanang Putra Perbawa.

 

Proud, Mari Keeps on Rollin’

Tourism Minister Mari Elka Pangestu Out of the Running for Top World Trade Organization Post

 

(4/28/2013) Hopes for Mari Elka Pangestu, Indonesia’s Minister of Tourism and the Creative Economy, to assume to top job at the World Trade Organization (WTO) have reportedly been dashed with her failure to make the short-list of candidates.

 

According to The Jakarta Globe, Indonesian President Susilo Bambang Yudhoyono has confirmed Pangestu’s elimination as a candidate for chief of the WTO.

 

Pangestu is reportedly still in Geneva, but expected to return to her job in the cabinet in Jakarta shortly.

 

Prior to her elimination, Pangestu was reportedly among the final 5 in contention for the job. Her selection would have represented the first woman chosen to lead the WTO.

 

The WTO mediates global trade negotiations and is committed to opening markets and removing trade barriers, subsidies and discriminative taxation policies that inhibit free trade.

 

Tell Us No Secrets

Bali Governor Ordered to Disclose Government Documents in Connection with Controversial Plan to Rent Public Mangrove Forest

 

(4/28/2013) Bali’s governor Made Mangku Pastika has promised to fulfill the legal demands made by Bali Friends of the Earth (WALHI-Bali) in their successful public information suit filed against the province in connection with Taman Hutan Raya Ngurah Rai Mangrove Forest Reserve.

 

As reported by the State News Agency Antara, Pastika said, “I will not offer resistance, I will not seal (the files) – whatever the decision (of the Court).

 

The governor and the province of Bali are being sued by WALHI before the State Administrative Court (PTUN) for irregularities in the long-term lease of the mangrove parklands to a private entity for development as a tourism project.

 

The Council on Public Information for Bali have ordered the governor to hand over eight documents requested by WAHLI in connection with the lease of the Taman Hutan Raya. 

 

The chief judge of the Council, Gde Santanu, has given the province two weeks to surrender the required documents or show cause why it should not.

 

WALHI has appealed to the courts, demanding the province be transparent in the process that allowed it to grant a tourism promotion permit to PT Tirta Rahmat Bahari to manage and operate the 102-hectare mangrove park.

 

A Bid to Survive

British Grandmother Appeals Bali Death Sentence to Indonesian Supreme Court

 

(4/28/2013) Lindsay June Sandiford, the 56-year-old British grandmother sitting on death row in Bali’s Kerobokan prison for drug trafficking, has filed an appeal of her sentence with the Indonesian Supreme Court.

 

Declared guilty and sentenced to die before a firing squad in January 2013 for bringing cocaine worth an estimated US$2.4 million through Bali’s airport, an appeal against the severity of that inital decision was affirmed at the Bali High Court in early April.

 

Fadillah Agus, the lawyer representing Sandiford, confirmed that he has formally filed an appeal with the Supreme Court.

 

The appeal came after Courts in the U.K. declared that the U.K. Government was under no legal obligation to pay the legal cost of defending Sandiford in her life-or-death battle with the Indonesian justice system.

 

Agus was critical of the British government’s refusal to fund Sandiford’s defense, but said he would personally undertake to file an appeal on her behalf whether or not funds are available to pay his expenses.

 

The Supreme Court is expected to render a decision within the coming four months. That decision can also be appealed a further time to the Supreme Court after which the results of any second appeal will represent the last legal word in the case. 

 

If Sandiford’s death sentence is upheld by the Supreme Court, her only remaining avenue of relief is an appeal for clemency made to the Indonesian President.

 

A Fool and His Money

Editorial: West Australian Interview with Bali-based Property Broker Unintentionally Raises More Questions than it Answers.

 

(4/28/2013) The West Australian has carried an article quoting the director of the Bali-based Saville Rowe Property Group  describing how “freehold ownership” is increasingly popular among Australians investing in real estate in Bali, as opposed to those merely leasing land and property on the Island.

 

Quoting Jason Vershaw of the Saville Rowe Property Group, the property broker readily admits Indonesian law specifically prohibits foreign ownership, but then describes “how to get around the law” by using renewable leases and nominee Indonesian landowners.

 

The article quotes Vershaw who describes the nominee process, saying: "The local person's name is put on the deed and they are paid a gratuity for that service. But there are protections for the foreigner, as the local does not have the power to sell the property without the foreign owner's permission, and there are many documents and witnesses to protect the foreigner."

 

Unfortunately, Vershaw and his group are not alone in dispensing this sort of questionable legal advice to foreigners eager to own their piece of paradise, contributing along the way to Bali’s current over-blown property market.

 

Admitting that people “had been burnt in Bali” in the past, Vershaw offers the assurance  that reputable agents, abiding by a code of ethics, now help expats “buy safely.”

 

While we do not know Vershaw, his property group or that group's reputation for ethical business practice, we do believe that anyone suggesting ethical behavior is involved in transaction that offers to sell freehold property to foreigners in Bali is, at best, playing loosely with both ethics and the law as it is currently written in Indonesia.

 

Offers to transfer freehold title to a foreigner in Indonesia are patently untrue and do not synchronize either the letter or spirit of the law as now written. Such transactions also ignore very real potential pitfalls ahead for foreigners seeking to "own" land in Indonesia.

 

Consider the following:

It is strictly against the law for foreigners to “freely hold” or enjoy the possession of land for an indefinite period in Indonesia.

Past efforts to change the law to permit foreign freehold ownership have been repeatedly rebuffed by the Indonesian Constitutional Court. 

 It is a generally accepted and a universal point of law that legal constructions put in place to purposely  “get around the law,” when detected by a country’s judicial system, are sufficient grounds to allow such contracts to be summarily declared null and void by the courts. 

The legal validity of Irrevocable Powers of Attorney frequently used in nominee property deals in Bali remains highly problematic. Not only do questions arise whether any such grant of power survive the issuing party, but such documents directly contradict Indonesian law that does not recognize the beneficial ownership of landed property. Moreover, a Ministerial Decree issued in 1982 specifically states that Irrevocable Powers of Attorney MAY NOT be granted in respect of transactions involving landed property.

In short, Irrevocable Powers of Attorney do not exist in Indonesian property transactions and the very presence of such a document as part of a property transaction means such a document could be used against a foreign investor as proof of his/her blatant attempt to circumvent higher Indonesian law, including The Basic Agrarian Law and the Indonesian Constitution.

Also needing further clarification is the legality of fictional mortgage agreements typically signed with nominees as a means to further secure a “foreign freehold” in Bali. Questions arise as to whether such loan agreements between Indonesians and foreign legal entities require advance approval of the Indonesian government. And, because such loans are fictive, whether the loans could withstand legal scrutiny if the mortgager subsquently decided to repudiate the original mortgage agreement. 

As Indonesia judicial and tax authorities in their fight against corruption are increasingly resorting to money laundering indictments that require taxpayers to demonstrate the source of the funds used to acquire expensive assets, those using nominee arrangements must consider the implications these trends might have on “name lenders” and the assets held by nominees. 

Foreigners living or working in Indonesia would do well to obey the laws of their adoptive home. Those holding Indonesian law in contempt by looking for loopholes and ways to “bend” the rules to their own devices are involved in a dangerous game with costly consequences in the long-term. 

 

It must also be borne in mind that those viewing the law as a manipulative plaything, will find themselve in a most hypocritical and sadly ironic position when they attempt  to seek shelter and protection under the very same legal system that they have tried to subvert in the past.

 

It our steadfast contentions that the term “freehold” – when used in local real estate promotion to foreign customers, should be seen as prima facie indications of unethical intent. The Indonesian term for “freehold” is “hak milik” and the Indonesian term should be the only term allowed  and then limited in its use only with Indonesians within the context of Indonesian land transactions. 

 

In the end, “freehold” land ownership remains the exclusive domain of Indonesian nationals. Anyone using the term “freehold” in the Indonesian context, and particularly when dealing with foreign nationals, needs to be earnestly asked if he genuinely knows what he’s talking about?

 

Putting Money where it Really Counts

100 Impoverished Bali Villages Slated to Receive US$100,000 Grants in 2013

 

(4/27/2013) The provincial government of Bali will assist 100 different villages with grants of Rp. 1 billion (US$100,000) via the Mandara Coordinated Village Development Program (Gerbangsadu) with funds allocated in the 2013 budget.

 

Bali’s governor Made Mangku Pastika, speaking at a program to socialize Gerbangsadu Mandara on Thursday, April 25, 2013, was quoted by Kompas.com, saying the 100 villages would be selected from every regency and municipality in Bali with poverty levels above 25%.

 

Pastika said: “The Gerbangsadu Mandara program began in 2012 targeting 82 villages where poverty levels were above 35%. Every village got Rp. 1 billion for developing the productive economy and Rp. 20 million for operational costs.”

 

The 2013 Gerbangsadu Mandara program will assist villages in Jembrana (7), Tabanan (19), Badung (8), Gianyar (10), Klungkung (8), Bangli (10), Karanasem (11), Buleleng (21) and Denpasar (6).

 

Pastika said he hoped the village chiefs in the selected communities would use the money wisely and be able to account for how the money was spent.

 

Pastika said that of the 82 villages financially assisted in 2012 yielded positive results in terms of publics welfare.

 

He said because of these results, plans were underway to increase the allocation to needy villages in the 2014 budget to Rp. 3 billion (US$300,000).

 

Meanwhile, the head of the Agency for the People’s Empowerment and Village Affairs (BPMD), I Putu Astawa, told the press that the 100 villages to receive assistance in 2013 is still a proposal from the governor and must receive approval from the Bali House of Representatives (DPRD-Bali).

 

The 1974 Crash of Pan Am Fight Number 812 in Bali

Bali History: Remembering 107 Passengers and Crew on 1974 Crash of Pan Am in Bali

 

(4/28/2013) The Clipper Climax operating as Pan Am Flight 812 crashed into a hillside at Grogek, North Bali, on April 22, 1974.

 

The Boeing 707-321B with registration N446PA was carrying 96 passengers an 11 crew on a flight that had departed from Hong Kong approximately four hours earlier and was scheduled to stop in Bali briefly before continuing on to its next scheduled stop of Sydney, Australia.

 

But passengers onboard the ill-fated aircraft were never to reach Bali, let alone Sydney. As the aircraft approached Bali from the north and it made an early and precipitous turn for runway 09 at Bali’s Ngurah Rai International Airport, slamming into a remote jungle hilltop 79 kilometers northwest of the airport.

 

Later, crash investigator were to determine that a premature execution of a right-hand turn in an effort to join the 263 degrees outbound track, possibly prompted by malfunctioning Radio Direction Finder, sent the aircraft and its passengers to their doom.

 

Today the tragic crash, that will mark its 40th year in 2014, is remembered at a shrine tucked away in a remote corner of Padang Galak, on the banks of the Ayung River. There, the names of the 107 who died in the crash are recorded on commemorative plaque, enshrined in stone and in the memory of the island forever.

 

It’s in the Bag

Kuta – Bali Police Arrest Two Juvenile Purse Snatchers Targeting Foreign Tourists

 

(4/27/2013) Bali Police have apprehended two young school drop-outs, identified only as “K” (13) and “D” (15). who have admitted to police committing a series of pure snatchings in the North Kuta area of Bali. 

 

Police of the North Bali police precinct arrested the two on Monday, April 22, 2013, after the two had just completed another purse snatching.

 

As reported by Kompas.com, every time the two committed a theft “K” would drive a motorcycle while “D,” riding pillion, would snatch a victim's bag.

 

The head of the criminal division of the North Kuta Police Precinct, Made Berata, said: “The two admitted to frequently snatching purses in North Kuta. Their targets were women traveling alone on motorcycles, mainly foreign women.”

 

The young boys would stalk foreign women and launch their assault by stealing the bag at stoplights.

 

When they were arrested, the police seized evidence including Blackberry and Samsung hand phones. 

 

The two are being held while police investigate whther a larger network of thievery is involved.

 

International Tourism Degrees Offered in Bali

Stenden University Bali Offers Scholarships to Outstanding Indonesian Students

 

(4/28/2013) Indonesian high school students wishing to receive an internationally recognized degree in hotel management may be eligible scholarships and discounts on tuition fees offered from the Bali campus of Stenden University.

 

Stenden University Bali is part of a global network with campus sites in The Netherlands, South Africa, Qatar and Thailand. This provides opportunities to do part of the program at any of the other campus sites offering the identical curriculum of International Hospitality Management. With the global industrial networks, students can also do their internship abroad. 

 

Stenden offers discounts on tuition fees of 25%, 50%, 75% and 100% to deserving Indonesian student. Eligibility is based on the candidate’s high school grades, motivation and record of extra-curricular activities. The scholarship gives students a chance to join the International Hospitality Management Program in Bali with a double Bachelor’s degree upon graduation (Indonesian Sarjana Ekonomi and Dutch Bachelor of Business Administration). During this four-year course, students will move to Stenden’s main campus site in the Netherlands for one year. The tuition fees, to which the scholarship discount applies, include studying and accommodation for one year in the Netherlands as well as a return flight ticket adding up to USD 35,000 in savings over four years. 

 

The scholarship is only for students of Indonesian nationality. Applicants should be students in their last year of high school or have graduated from high school no later than 2010. Those seeking a scholarship should have an exceptional study record and a strong motivation to pursue a career in hospitality. The scholarship can last for the entire period of study, depending on academic results, which will be reviewed annually.

 

“With this initiative Stenden strives to make high quality, international education more accessible to Indonesian students. Our program, with its international scope and its strong focus on management throughout the curriculum, gives them the right foundation to start a successful national or international management career in the hospitality industry,” explains Stenden Bali general manager, Maureen van der Meché.

 

With all subjects being taught in English by lecturers of multi-cultural backgrounds, Stenden offers an international standard of education. 

 

“The lecturers here come from as diverse backgrounds as Indonesia, the Netherlands, England, Australia and South Africa. I also have classmates from different nationalities such as Italian, English, Finnish, Dutch, German, Russia and Swiss, which gives me a valuable opportunity to develop my communication skills and learn their cultures which I believe will be very useful if you want to have an international career in hospitality,” says Kadek Dwi Anggayani, a full scholarship recipient from Bali. 

 

Another full scholarship recipient from Jakarta, Joshua Ega Yus Pratama added: “Bali is also the centre of hospitality and tourism in Indonesia which makes studying at Stenden University Bali close to the industry. The campus is also often involved in social responsibility activities organised by hospitality organisations and arranges company visits to hotels, resorts, spas and visitors attractions, which allow students to have networking opportunities with the industry. “

 

Stenden University Bali has four intakes per year; February, April, September, November. These scholarships are available to students who want to enroll in September 2013.

 

The application deadline for the scholarship program is June 21, 2013.

 

 

Staying Safe is Kid’s Play

Kids on Bali’s East Coast Learn to Become Lifesavers

 

(4/28/2013) The Jakarta Post reports how elementary school children living on the eastern coast of Bali are being turned into junior lifeguards. Most of the children involved in the pioneering project come from Lebih village in Gianyar, a one-half hour drive from Bali’s capital of Denpasar.

 

While villagers at Lebih were once frightened and intimidated by the large waves that washed their shores, familiarization with the ways of the ocean through training provided for elementary school age students has helped “drown-proof” many local children and created lucrative job opportunities working as lifeguards both in Bali and abroad. 

 

The village itslef now employs 20 lifeguards with an estimated 50 other villagers now working overseas, guarding swimmers on distant shores.

 

A village leader, Wayan Gede Pradnyana, told the press that Lebih now holds an annual Lebih Beach Festival that includes swimming competitions and other games organized by Surf Life Saving Australia.

 

Surf Life Saving Australia provides courses for village children on basic swimming, water survival and life-savings techniques. 

 

Pradnyana recalls how his village was initially approached and offered assistance by Surf Life Australia largely because the village has its own swimming pool, considered essential to the training of young swimmers and lifeguards.

 

Training is conducted for children from  two grade schools every Sunday morning on the beach. Explained Pradnyana: “We teach the children using a guide book provided by Surf Life Saving Australia, which contains lessons about basic lifeguard skills and first aid to save victims. We hope that the children can learn how to save themselves and others.” 

 

The five-week course will eventually certify some 200 students and celebrated on a graduation day that will include beach runs and swimming competitions.

 

Winners will also receive books and swimming gear provided by Surf Life Saving Australia and the village administration. 

 

All training for the children is provided without charge.

 

Maintaining the Peace with a Firm Hand

Police, Military and Community Members Form Alliance to Ensure Peaceful Governors Race

 

(4/27/2013) A joint formation between the Bali Police and the 9th Udayana Military Command was held at the Puputan Field in downtown Denpasar on Wednesday, April 24, 2013.

 

Held as a show of force in anticipation of the May 15, 2013 gubernatorial election in Bali, officials announced that 2,685 combined personnel from the Indonesian military and police would be jointly deployed to safeguard the contest for the right to lead Bali for the coming five years.

 

As reported by Kompas.com, in addition to police and military forces, community elements including pacalang, joined the pre-election formation showcasing personnel and equipment ready to be deployed to keep the peace during the election process.

 

The police and military presence for the governor’s race is seen as a dry run for the coming APEC Conference in late 2013 and legislative and presidential races scheduled for 2014.

 

A police spokesman said open lines of communication would be maintained with local communities during the coming election to anticipate and handle any possible incidents that could lead to wider unrest.

 

While keeping the political situation copasetic over the coming two years, the police have pledged to keep tight control over criminality, vandalism and terrorism. This, however, said the police, can only be achieved with the public’s help and cooperation.

 

© Bali Discovery Tours. Articles may be quoted and reproduced if attributed to http://www.balidiscovery.com.

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