Music piracy gets more notorious and gets going

Sunday, October 27, 2002

Hera Diani, The Jakarta Post, Jakarta

A fellow reporter had a bad experience when purchasing a tape in a record outlet. A couple of months ago, he went to a big, well-known store to buy the original soundtrack to the movie I am Sam.

"But when I got home and played the tape, I was shocked. The songs were not in the right order as it began from the middle. I was so furious! I bought it for the same price as the original. The store also refused to give my money back," he said.

Piracy is not a new thing for the record industry in this country. You can find pirated CDs and tapes virtually everywhere. They can even be found in Senayan sports complex, which is just a few hundred meters from the Jakarta Police Headquarters on Jl. Jend. Sudirman, South Jakarta.

But recently, piracy has reached a whole new level, with counterfeit products (aspal) finding their way onto record store shelves amid a rampant increase in availability.

Unlike pirated products of the past which were clearly distinguished -- bad quality cover and all -- the counterfeit items of today ones look identical to the original. They even have tax stickers on them.

However, if you look closer, you can find small flaws, as happened to singer Tere a while ago.

During an autograph session a fan gave Tere a cover of her debut album Awal Yang Indah (A Beautiful Start) for her to sign.

"But the cover looked weird as the picture was unclear. The paper was also different. When I asked the fan, she said she bought it in a record store," said Tere, 23.

Tere then asked her producer to contact police who then raided a retail store in Kuningan, South Jakarta, last month. The raids led to further busts in Disc Tarra record stores and at several factories in Jakarta last month.

The counterfeit products found at Disc Tarra were from local artists. Beside Tere's, there were the soundtracks to local movies Ada Apa Dengan Cinta? (What's Up With Cinta?), Ari Lasso's Sendiri Dulu (Alone For Now) and Dewa's Cintailah Cinta (Loving Love).

Police have arrested several suspects. The case is still under investigation.

Disc Tarra CEO Wirawan Hartono has said the company was only a distributor which bought the products from official agents appointed by the producers.

"We've been working with them for years. Their products are always accompanied with documents certifying the originality."

However, there has been an allegation that Disc Tarra is involved in the production of counterfeit products.

Wirawan denied the allegations, reiterating the company was only a retailer.

While the situation was highlighted last month, the distribution of counterfeit tapes or CDs has been around for much longer.

Sony Music Indonesia managing director Sutanto Hartono said some of the record company's products were pirated last year.

"Agents can return the albums from local artists to us if they are not already sold. Last year, we found some were counterfeit. But when we traced it back to the agent, we couldn't find anything," Sutanto said.

He suspected the producers of counterfeit products were those who have been or are still involved in the music industry.

"The album cover is very difficult to fake. But now technology is getting more sophisticated, with scanning machines and all," he said, adding the business of piracy had become particularly competitive.

These high-quality pirates have increased sales of counterfeit products in this country.

From 1995 to 1996, the rate of piracy was only 12 percent. The local music industry peaked in that period, with nine to 10 million cassettes produced every month.

But ever since the prolonged economic crisis first hit in 1997, the rate has soared higher.

Data from the Anti Piracy Communication Forum (FOKAP) shows that piracy is currently 650 percent larger than the legal sales of three million copies each month.

The number is well up on the 558 percent figure last year.

Piracy causes estimated financial losses of Rp 11 trillion (US$1.196 billion) annually.

Sutanto said piracy had made it difficult for record companies to sell albums from new artists.

"We used to be able to sell up to 30,000 albums from new artists. But now selling 10,000 copies is considered good. I'm afraid things will get as bad as in Malaysia where piracy is awful. The producers there now prefer to release compilation albums or rerelease old artists rather than new artists."

The worsening situation has spurred FOKAP to increase its campaign to combat piracy. Comprising representatives from the music industry, FOKAP was formed last April with the aim to bolster failed efforts already undertaken by several organizations, including Asiri (Indonesian Recording Industry Association).

FOKAP's head Arnell Affandi said the forum had already set a timetable in its battle against piracy.

"We've met legislators, police ... We've even sent a letter to President Megawati (Soekarnoputri) but so far there hasn't been any reply. Soon we'll launch a campaign on TV and radio, and we'll also reach the provinces" Arnell said recently.

The forum's plan to hold a special event called Satu Hari Tanpa Musik (A Day Without Music), scheduled Oct. 28, was called off due to the Bali tragedy.

"Piracy is getting worse and it could spell the end of the music industry in our country. As law enforcement is really weak we really need the President to issue a presidential decree," Arnell said.

National Police Deputy Spokesman Brig. Gen. Edward Aritonang said the piracy was indeed very disturbing and it has always been in the police agenda to combat it.

"We've seized millions of VCDs and CDs, we've also arrested so many people allegedly involved. Piracy is indeed a loss for the country. We'll continue to work with Asiri and other organizations," he said over a phone interview.

So far, however, police effort has yet to show any result in decreasing piracy. The parties responsible for piracy also remained unclear.

Arnell said that since news covering about piracy sparked lately, the pirate has been really careful.

He added that FOKAP recently met the Indonesian Ulema Council (MUI) to issue a fatwa (religious statement) that pirated products were haram (forbidden) for Muslims.

"We hope that since the majority of Indonesians are Muslims, the people will listen. MUI really welcome our suggestion also," Arnell said.

The idea to go to MUI maybe a headscratcher, but desperate hours call for desperate measures especially since all other efforts have failed.

We may not think too much when we purchase pirated products, but when we buy them, we have infringed on the rights of artists and songwriters, and hampered their ability to create the sounds we love to hear.

Labels: legal, music

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Dongre hopes India can become a fashion mecca

Sunday, October 13, 2002

Hera Diani, The Jakarta Post, Jakarta

The collections of Indian fashion designer Anita Dongre displayed here recently were just what I had imagined they would be: rich in detail and color.

What I did not expect was that the silhouettes were so modern and came out so clean cut (blame it, if you will, on the Indian movies and soaps that portray women in either traditional saris or 80s-style outfits).

Rather than pure saris and shalvar kameez (traditional Indian dress), Dongre goes with neat two-piece blouses and trousers, or even evening gowns and jumpsuits, but with detail containing Indian elements such as embroidery or beads.

With a career spanning 15 years and being one of India's top designers, her trademark lies in the fusion of international or Western silhouette with the soul of India.

"Various Western designers are influenced by the East. They (the designers) always travel to the East for inspiration because we have such a rich culture, rich colors and rich details.

"However, the women of today are really becoming global dressers, which is a bit sad because they are dropping traditional costumes. Being a designer, I combine both aspects. My designs have this festive Indian connection but are very comfortable. I specialize in fusing styles. I don't do very traditional outfits," said the 38-year-old Bombay native.

Graduated from the fashion school at SNDT University, Dongre set up her own company which designs and produces Western and ethnic garments.

She has two lines: ANITA DONGRE and AND. The first one is the couture label, which translates some forms of traditional Indian techniques like batik, tie and dye, and vegetable dye prints into contemporary silhouettes.

This line is retailed in leading stores across India and is also supplied to stores in the UK, the Gulf, Singapore and Canada.

Among the creations from the first line that she has brought here was a beautiful long sleeve shirt with floral handmade embroidery.

The embroidery, called Lucknowi Chikan, meaning a kind of cloth wrought with needle work, comes from a place called Lucknowi, located in the center of India.

"This type of embroidery can only be found and made there, and is done by Muslim women only. They pass it down from generation to generation. The women in the family usually did it in the past. For one outfit, it can take around a month to get it done," Dongre said.

She uses both Indian and imported fabrics for her collections. For the Chikan collection, Dongre uses crepe, georgette and chiffon in soft, feminine colors and flowing designs, with the delicate embroidery as the main focus.

"Accessories are also important as they make the look complete. I like simple clothing that is heavy on accessories. Again, the East is rich in crafts that have to be sustained," she said.

The second brand, AND, meanwhile, has made Dongre the first Indian designer to launch an accessible, ready-to-wear collection of Western women's wear.

"In India, more women are working in offices, multinational companies, and they prefer Western outfits. So, I offer them clean and reasonable outfits. I also design denim and casual lines," Dongre said, while showing some of the pictures of her collection, which is sold nationwide in India.

It is her aim to make wearable and accessible designs, which is the secret of her success.

"I don't want to be like those sensational designers who are just good in fashion shows and then make a hype in media, but people can't really wear their clothes. Selling is really important. I like my clothes to be worn by people. That's why I like Giorgio Armani, because he has this clean style and creates wearable clothes with different lines. That's why he has survived for so long," said the soft-spoken and friendly Dongre.

She is not, however, influenced by any particular Western designer as she only refers to them to identify today's trends, which are still determined by the four cities of fashion -- London, Paris, Milan and New York.

"Fashion now is really ruled by the West. I really hope that in the near future, the East can take over. Because we are really rich, you know," said Dongre, adding that she could not wait to see the batik here.

The main obstacle for Eastern designers in penetrating the West was their lack of marketing and financial capabilities.

"Western designers are brilliant at marketing and promotion, beside being financially well-established. So far, only Japanese designers are able to do it here," she said.

Dongre herself once tried to gain a foothold in the West after she was invited two years ago to the CPD Dusseldorf, the largest fashion fair in Germany, becoming the first Indian designer invited to showcase her collection in the finale of the CPD fashion show.

Despite the successful show, she was unable to penetrate the Western market as it required an agent and finance, while she was not ready for that.

So, for now, she is still based in her home country where she said the fashion scene is now really happening.

"We have amazing, amazing talents. I really hope that one day, in the near future hopefully, India can become one of the fashion capitals of the world," Dongre said, smiling.

Labels: fashion

Posted by hera at 12:50 AM | Permalinks | Comments

'Stateless' Chinese dream of basic rights

Sunday, October 06, 2002

Hera Diani, The Jakarta Post, Jakarta

Residents of Kampung Pulo in Citeureup, Bogor, and Tegal Alur in Cengkareng, West Jakarta, are not immune from the mass hysteria over Taiwan's TV series Meteor Garden.

Some children and teenagers can be seen walking around wearing T-shirts sporting the picture of the four stars from the series. On the walls of their rooms, or even in their living rooms, are large posters of F4, Meteor Garden's stars, who are also Taiwan's top boy band.

In a corner of the neighborhood, several housewives are caught up in a discussion over the plot of Meteor Garden and other soaps starring the boy band, which are all aired by the local TV stations.

As Asian TV dramas -- not only those from Taiwan but also from South Korea -- begin to flood the country, evidence of the new frenzy can also be spotted in Tegal Alur and Kampung Pulo, particularly as both places have a lot of residents of Chinese descent.

However, the glamor life of the rich kids portrayed in the series does not even come close to the residents of either subdistrict, whose population of Chinese-Indonesians reaches 550 respectively.

Living in small houses, they are far off from the stereotype that Chinese-Indonesians are well-off, as most residents earn below or slightly above the regional monthly minimum wage (UMR). Most work at nearby factories.

Being categorized in the lower income bracket of the economy, however, is not their only problem.

As with many Chinese-Indonesians, they also face discrimination. Worse still, because of their roots, they have difficulty in obtaining legal documents, such as their citizenship certificate and identification card, which makes them practically "stateless".

Their history is a bit complicated as it goes back as far as 1958, when the People's Republic of China claimed that every Chinese person in the world was a Chinese citizen.

The Indonesian government gave those of Chinese descent the option of choosing their citizenship. Unfortunately, not all of them were well informed about it. Chinese ships, which were supposed to carry back those who opted for Chinese citizenship, came only once, leaving many others without citizenship.

The situation became worse with the tense relationship between China and Indonesia around 1965.

Afterwards, the government issued many regulations related to citizenship, which discriminated against the Chinese.

It resulted in creating difficulties for those of Chinese descent who wanted to obtain legal documents.

For the wealthy Chinese, the problems could be overcome by bribing the officials, but not for those with a lower income, such as the residents of Tegal Alur and Kampung Pulo.

To start with, although they were born in this country and have been here for several generations, many do not have birth certificates.

"We also have difficulty in obtaining ID cards. Without an ID card, we can't get married. That's why many of us don't have marriage certificates, because we just throw small parties for our families and relatives. That's it. It's not legalized or anything, but it's common here," Tjan E. Lie of Tegal Alur said lightly.

As a consequence, many children in both places are not recognized by the state. The children have birth certificates, but there is a note saying that he or she is "anak luar nikah" or a child born out of wedlock, and they are their mothers' children.

"My children understand that they are registered as children born out of wedlock. But what can we do? It's because I don't have an ID card or a marriage certificate," Tjan said.

She said it was possible to obtain an ID card if they paid about Rp 25,000. But they would still have to enclose their Republic of Indonesia Citizenship Certificate (SBKRI).

A citizenship certificate is needed to process many other documents, including passports, business licenses, credit applications and even university applications.

The process is endless as the citizenship certificate is also difficult to obtain.

Top Indonesian shuttler Hendrawan, for example, only got his earlier this year after President Megawati Soekarnoputri stepped in to help.

Data shows there are no less than 12 bureaucratic institutions involved in the process of issuing a citizenship certificate before it can be signed by the president.

The institutions are the community unit (RT), the neighborhood unit (RW), the subdistrict office, the district office, the mayoralty office, the gubernatorial office, the police subprecinct, the police station, the city police headquarters, the prosecutor's office, the district court and finally the Ministry of Justice and Human Rights.

With all the bureaucracy, Tjan and her husband Tju Lu Lian and many of their neighbors simply gave up in the end.

"We are worried that we will get arrested if we are caught in a police raid for ID cards," Tju said.

Another problem arises when they want to get a divorce as their marriage is not even recognized.

In Kampung Pulo, meanwhile, things are a bit more complex as the majority of people are believers of Khonghucu. So far, the state does not recognize Khonghucu as one of the five existing religions officially listed here: Islam, Catholicism, Christianity, Hinduism and Buddhism.

Therefore, marriages between believers of Khonghucu are considered illegal, and thus, couples of this faith will not receive marriage certificates unless they convert to one of the religions recognized by the government.

"Many of us have refused to do so because that means we're being a hypocrite," said Tan Im Yang, 55, a prominent figure in Kampung Pulo.

Just like the children in Tegal Alur, many children in Kampung Pulo are then declared as being born out of wedlock.

"I don't understand. We've been here for many generations and you can see that we don't even look so Chinese anymore. Yet, we cannot have simple basic civil rights like owning ID cards. And then they don't recognize our religion.

"It's ridiculous. They (the state) give us the freedom to conduct our religion, but they don't recognize it as being legal," Tan said.

Tan's daughter, Lois Taneri, 17, said she was often ridiculed at school.

"My friends mocked me, asking 'Is there such thing as the Khonghucu religion?' At school, I have to take a Catholicism class. The school administration also stated on my student card that I'm a Buddhist. I then erased it and changed it myself," said Lois, who has just graduated from the nearby Budi Mulya senior high school.

Lois does not really pay any attention to what her peers say, especially since she has graduated, although many other young believers of Khonghucu do.

Tan Im Yang said that many young people were embarrassed about their religion.

"I'm afraid that this will lead to a decline in the number of believers, which has already happened. I don't see why our religion is not considered to be a valid one. We believe in one God, we don't believe in superstition. It's a very realistic religion, so I don't see any reason why I should convert," he said.

In 1971, he said, the Khonghucu congress was recognized by then president Soeharto, who turned up for the event.

"I asked the government officials about it. They can't argue but they don't seem to be doing anything about it either," Tan said.

As for Tjan and Tju, they still do not have ID cards even though they have converted to Christianity.

Tju said that his neighbor, a fellow Chinese, got a card very easily just because they pretended to be Muslim.

"Local officials processed the proposal very quickly and they never got any hassles for doing that even though they are very much Buddhists until today," he said.

Non-governmental organizations (NGOs), such as Solidaritas Nusa Bangsa (SNB), have been working hard on this matter, but to no avail.

"People in Tegal Alur don't have rights, but when it comes to the general election, for example, their votes are used by political parties," said Candra M. from SNB.

A team at the Ministry of Justice and Human Rights is actually working on another draft of the Citizenship Law.

An official from the team, who asked not to be named, said there would be no more discrimination in the drafted law.

"With the law, we don't have to state our religion or our descent on an ID card or other legal document," he said.

He said, however, that discrimination still prevailed, especially at the lower government level.

"Honestly, if I needed an ID card quickly, I would also resort to nembak (bribing an official). It's not a matter of the law, but the matter of knowing the law," he added.

In that case, it may seem that the people of Tegal Alur and Kampung Pulo need to wait longer until they can have their rights, the most basic rights that they are entitled to.

Recent history of Chinese-Indonesians

* 1955: Indonesia and China sign an agreement on dual citizenship, which allows Chinese people living in the country to hold both Indonesian and Chinese citizenship.

* 1958: Indonesia approves the citizenship law, which stipulates naturalization.

* 1959: Indonesia and China agree to a repatriation process for 140,000 ethnic Chinese.

* 1965: An aborted coup, blamed on the Indonesian Communist Party, takes place. Jakarta accuses China of involvement, which China denies.

* 1967: Diplomatic ties with China are frozen, bring an abrupt halt to repatriations. About 100,000 people become stranded here and are deemed stateless.

* 1969: Indonesia decides not to honor the dual citizenship agreement. A Chinese person whose parents hold China citizenship can only obtain Indonesia citizenship through naturalization, which can only be proven proved by the issuance of an SBKRI.

* 1990: Indonesia resumes ties with China.

* 1992: Beijing says it will issue passports in January 1993 for stateless Chinese here, whose number now reaches more than 240,000.

* 1996: Soeharto issues a decree on the annulment of the SBKRI requirement. Chinese-Indonesians may instead use their ID cards, birth certificates and kartu keluarga (family cards) for education and business purposes.

* 1998: Habibie issues a decree ordering government officials to treat all Indonesians the same.

* 1999: Habibie issues a decree banning discrimination against Indonesians based on origin.

Labels: legal, social affairs

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