IPR RAIDS RISKY BUSINESS FOR JAKARTA POLICE

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 005141

SIPDIS

SIPDIS

DEPT FOR EAP/MTS; EB/IPE/EAP
COMMERCE FOR GOLIKE/4430
COMMERCE PLEASE PASS USPTO FOR JOELLEN URGAN
DEPT PASS TO USTR DKATZ, JGROVES, VESPINEL

E.O. 12958: DECL: 04/24/2016
TAGS: KIPR ETRD WTO ID
SUBJECT: IPR RAIDS RISKY BUSINESS FOR JAKARTA POLICE

REF: A. JAKARTA 3843 (POLICE RAIDS CONTINUE)

B. JAKARTA 3296 (POLICE CAMPAIGN CONTINUES)

C. JAKARTA 3531 (SPECIAL 301 SUBMISSION)

Classified By: Economic Officer Tobias Glucksman. Reason: 1.4 (b) and (
d).


1. (C) Summary: The Jakarta Police,s Special Crimes Unit
(SCU) has made significant efforts to implement Indonesia
Police Chief Sutanto,s December 26, 2005 instruction for all
district police chiefs to step up IPR and optical disk piracy
enforcement. The SCU has conducted raids on dozens of pirate
shops and some factories, seized large quantities of pirated
optical disks, arrested over 200 individuals, and referred
cases of 22 individuals still under detention to the Attorney
General,s Office (AGO) for prosecution. Leaders of the SCU
say they are taking serious personal and professional risks
in going up against powerful interests behind optical disk
piracy in Indonesia. They add that without Sutanto,s
personal support, the current sustained enforcement
activities would not be happening. They also lament that
they have no control over cases once they are passed to the
AGO. End Summary.


2. (C) We visited the Jakarta Metropolitan Police SCU on
April 19. Its hallways, offices and storerooms are
jam-packed with large boxes and sacks stuffed with pirate
optical disks seized from raids on vendors and factories over
the past few months. SCU Chief of Investigation Umar Surya
Fana -- a young, bright and apparently well-connected officer
who has led most of the recent raids -- joked that there is
no longer any space to work. He said that the SCU is
planning another high-profile destruction ceremony with the
Motion Picture Association (MPA) in July. Ninety percent of
the disks seized are pirate copies of foreign materials,
according to Umar. He added that local piracy syndicates,
albeit financially strong and politically connected, were
still "too scared" to copy works of Indonesian rights
holders.


3. (C) Umar explained that following Sutanto,s December
2005 instruction to all district police chiefs, Sutanto
personally called the SCU to encourage follow-through. As
the SCU began to crack down, Umar said they received many
complaints from other police officers, including some
high-ranking officials. In one instance, a three-star
general ordered Umar to immediately return 2 pirate optical
disc assembly lines to a recently raided factory or face
transfer to Papua. Umar said he called General Sutanto, who,
apparently using his best Tony Soprano accent, told the
three-star police general "if you touch Umar, you touch me!"
The 3-star backed down and the machines remain in police
custody as evidence.


4. (C) Umar describes Sutanto as tough and respected, and
someone who sings only two tunes: "Forward Without
Hesitation" and "Honesty." Umar shudders to think what would
happen to him and others in the SCU if something happens to
Sutanto. Further highlighting the risks, Umar claimed that
soon after the police began the recent enforcement campaign,
he bought his wife a gun and taught her how to use it. Asked
whether he felt his work was worth the risk, Umar responded
that piracy was a hot issue and a way for him and others in
the SCU to make arrests, build cases, and promote their
careers. He added that an improvement in Indonesia,s
Special 301 status would be viewed as an important police
success, and it would build a broader base of support for the
GOI,s IPR enforcement activities, including those of the SCU.


5. (C) According to Umar, most of the over 200 individuals
arrested during recent raids were soon let go, as they were
only shop or factory workers collecting a salary and not
making large profits from piracy. He noted, though, that 22
shop and factory manager/owners remained in detention and
that the SCU has completed investigation of all their cases
and referred them to the AGO for prosecution. Umar lamented,
though, that the AGO and Indonesian Courts do not view IPR
enforcement as a high priority. In addition, once police
refer cases to the AGO, they have no further role in the
process and it is difficult even to obtain updates. We asked
whether President Yudhoyono,s intervention through the newly
created IPR task force could push the AGO to do more. Umar
opined that only a new AGO, someone tough and fair like
Sutanto, would be able to change the current dynamic. As for
judges and the courts, Umar just rolled his eyes, sighed and
commented "that,s another big problem."


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6. (C) Comment: Umar,s unusual candor provides an
interesting insight into the complexities and risks
associated with IPR enforcement in Indonesia. As we noted in
Ref C, there is a small cadre of GOI officials, like Umar and
others at the SCU, who face considerable challenges and
opposition in enforcing IPR in Indonesia. We expect that the
EB-funded advisor who will soon be sitting with the SCU will
be a big help.
PASCOE