Jakarta Won’t Bow to Central Govt In Tussle Over Toll Road Truck Ban

The Jakarta Globe

The Jakarta administration has no plans to lift its ban on heavy trucks using inner-city toll roads, saying it will use the regional autonomy law to make sure that the central government does not shoot down the policy.


Jakarta Governor Fauzi Bowo said that according to the 2004 Law on Regional Autonomy, his administration had the right to run the province without interference from the Ministry of Transportation.

“In principle, we in the provinces will choose what is best for us,” he said on Friday, a day after the head of the Jakarta chapter of the Land Transportation Operators Association (Organda), Sudirman, said the ban would likely be overturned.

“I would like to stress that what has been done here is in accordance with the desires of all Jakartans,” Fauzi added.

The governor said he had not yet been contacted by Transportation Minister Freddy Numberi regarding a possible challenge to the ban.

The Jakarta Police announced last week that several stretches of the city’s toll roads would be off limits to heavy trucks from 5 a.m. to 10 p.m.

If the monthlong measure proves to be effective in reducing traffic congestion, it will be adopted permanently, authorities have said.

On Thursday, Bambang Erfan, a spokesman for the Transportation Ministry, said that plans were already in the works to revoke the ordinance.

He said the ministry had not agreed to the policy, which would only shift the traffic problems from one area to another. He also said the roads affected were national roads, and therefore fell under the authority of the central government.

As a result of the ban, Bambang said areas on the outskirts of the capital had already reported worsening traffic, citing Serpong as a prime example.

Yohanes Hartono, a legal expert from Yogyakarta’s Atma Jaya University, said on Friday that he agreed with Fauzi that the city was within its rights to set its own land transportation policies.

“The Jakarta administration, however, has to keep in mind that these inner-city toll roads were built with funds from the national budget,” he told the Jakarta Globe.

“It also has to keep in mind that, in accordance with the 2004 Law on Roads, which elaborates on road management, the inner-city toll roads are indeed national roads and the bodies managing those roads answer to the Transportation Ministry.”

The trial period for the partial ban is set to end on June 10. By that time, the city hopes to have enough information to report to the central government on the benefits created for residents — both motorists and those using public transportation.

“There needs to be better coordination between the central government and the city administration in regard to the management and use of the inner-city toll roads,” Yohanes said. “This is crucial.”

Zainal Arifin Mochtar, a legal expert from Gadjah Mada University in Yogyakarta, agreed that regional autonomy laws ensured that local administrations had wide-ranging powers to govern their own provinces.

“However, Jakarta is the capital city and happens to be the seat of the central government, so it can’t afford to not coordinate with the central government,” he said.

Former Constitutional Court Chief Jimly Asshidiqie, meanwhile, said the administration’s ban on trucks could not be revoked by the ministry.

“However, the city should consider the impact on trucking-related businesses,” he said.

“I agree that the regions have every right to manage their own areas as they see fit, but they should not arbitrarily issue such policies.”

The head of the Jakarta Traffic Police, Sr. Comr. Royke Lumowa, confirmed on Friday that the partial ban would not be lifted.

“The Ministry of Transportation has not said anything to us,” he told reporters.

“The ministry may have told Organda that it will take its views into consideration and instruct its Directorate General of Land Transportation to coordinate with other related parties on the matter, but we have not heard anything yet,” he said.

“The flow of traffic has picked up considerably on the inner-city toll roads. Why would we want to change that?” he added.

The truck ban covers the southern stretch of the Inner Ring Road, from Tomang in West Jakarta to Cawang in East Jakarta. It also applies to the toll roads between Pluit in North Jakarta and Tomang; Cawang and Cikunir in Bekasi; and Cawang and Pasar Rebo in East Jakarta.

Trucks traveling to the port in Tanjung Priok, North Jakarta, between 5 a.m. until 10 p.m. are only allowed to use the Outer Ring Road. Trucks on the Jagorawi toll road coming from the direction of Bogor must travel to Tanjung Priok via Cikunir and Cilincing, North Jakarta.

The city administration last year announced Rp 40 trillion ($4.68 billion) would be spent to build six new toll roads to ease the capital’s gridlock.

The ambitious project, which was scheduled to be completed in 2014, will create 75 kilometers of new roadways in the city.

Education Minister Calls for Calm in Trisakti Leadership Dispute

The Jakarta Globe

Education Minister Muhammad Nuh on Thursday urged Trisakti University’s conflicted parties to prioritize the education of their students and settle their differences amicably. 


The statement came after hundreds of university students and employees rallied outside their West Jakarta campus and stopped court officers from executing a Supreme Court ruling ordering the rector and his eight subordinates to resign. 
 
The ruling was based on a lawsuit filed by Trisakti Foundation against Trisakti Rector Thoby Mutis for changing the university statutes without the foundation’s approval. 
 
“This legal dispute should not end up sacrificing the education of the students,” Nuh said at the presidential palace. “All conflict and arguments should be dealt with separately. This should not affect the students. 
 
“In the end, the execution of the court ruling must occur. It’s a court ruling. However, we do believe reconciliation between both parties would be much better. It would be good if the university requests the government to mediate in this situation.” 
 
Patra Zein, lawyer of the Trisakti Foundation, told the Jakarta Globe that the campus leadership dispute began in 2002 when Thoby changed the university statutes to apparently stay as rector of the university beyond his appointed term. 
 
“He was appointed for the 1998-2002 period by the Trisakti Foundation. At the end of his term, there were clear indications he wanted to run the campus as he saw fit as rector, so he changed the statutes and revoked the managing rights of the foundation, when it had been the foundation itself which appointed him in the first place,” Patra said.

Show Will Go on for One Film Importer

The Jakarta Globe

One foreign film importer has been cleared to bring movies into Indonesia after reportedly paying the government Rp 9 billion ($1.05 million) in back taxes, but it’s not time for film lovers to rejoice yet. 

Agung Kuswandono, the director general of customs, said on Wednesday that the importer, which was not named, had resumed bringing in foreign titles, raising hopes that the country’s cinemas would soon be flush with Hollywood blockbusters. But these hopes were quickly dashed. 

“The importer whose problem has been solved is an importer of foreign independent films, not an MPAA film importer,” said Syamsul Lussa, the director of films at the Culture and Tourism Ministry, referring to the Motion Pictures Association of America. 

Films from MPAA, which includes Walt Disney Pictures, Paramount Pictures, Sony Pictures Entertainment, Twentieth Century Fox Film, Universal Pictures and Warner Bros. Entertainment, have not been shown in the country since Feb. 17, when the studios decided that new local import regulations had “a detrimental impact on the cost of bringing a film into Indonesia.” 

Syamsul said talks were continuing over this issue, which centers on how royalties are calculated and charged. “Hopefully, MPAA films can be brought into Indonesia again,” he said. 

The film importer that paid Rp 9 billion in back taxes was one of three that the government said owed a collective Rp 31 billion in unpaid royalties from the past two years. “Those three importers are big ones, they rule 90 to 95 percent of total market,” Agung said, declining to identify the companies. 

According to Widhi Hartono, head of audits at the customs office, all three importers have filed appeals with the tax court against the government demand for them to pay. “But because one of them paid their import duty while the appeal is ongoing, that importer is allowed to import films,” he said. 

Djonny Sjafruddin, the head of the Indonesian Cinema Companies Union (GPBSI), said this should still be greeted as good news. 

“Although they have only been able to bring in second-class foreign films, which cannot really be sold to the market because they are independent American films, this is better than there being no foreign films in Indonesia cinemas,” he said. 

Djonny had earlier said that the foreign film distribution boycott had caused a 60 percent drop in the local cinema industry’s income nationwide. He said theaters had been making do with second-class foreign films and previously run movies as daily screenings are cut. 

Djonny said a company that specialized in non-MPAA films had movies ready to be screened in local cinemas. 

“There are three foreign films that have been imported by Amero Mitra Film and ready to be screened,” he said. “However, we do not know yet whether the audience will like them.” 

Two of the three films, “The Lost Bladesman,” a Hong Kong historical martial-arts film, and “Source Code,” which stars Jake Gyllenhaal and Michelle Monaghan, are now screening in Jakarta cinemas. 

Additional reporting by Dion Bisara

Court Chief Mahfud M.D. Scoops Award

The Jakarta Globe
Constitutional Court Chief Justice Mahfud M.D. was on Tuesday night selected by RCTI’s Seputar Indonesia news program as its inaugural newsmaker of the year. 


“I’m glad. It means the public has acknowledged what I’ve been doing,” Mahfud told the Jakarta Globe after the awards ceremony. 

“The awards were decided by upstanding juries, and the results were also presented to the public to confirm.” 

Mahfud said he believed he was selected not because of his personal achievements, but more because of the good work done by the Constitutional Court. 

“It is because I often speak for the Constitutional Court that I was chosen for this award,” he said. 

The two other nominees for newsmaker of the year were US President Barack Obama and former Finance Minister Sri Mulyani Indrawati. 

“At first, I had to laugh because I was nominated alongside Obama. As for Sri Mulyani, I understand because we’re both Indonesians,” Mahfud said. “But then I saw that the context was for impact on news coverage in Indonesia that brought about change. Obama might be a prominent international figure, but not regarding Indonesian problems.” 

Taufik Kiemas, chairman of the People’s Consultative Assembly (MPR), was recognized as the “true representative of the people.” 

Tama Satrya Langkun, a researcher from Indonesia Corruption Watch who was brutalized by unidentified attackers last year over his investigations into police corruption, was named the young newsmaker of the year. 

Chris John, the country’s most successful boxer, meanwhile, was named best sportsman and Yohanes Surya, a leading physicist and prominent education advocate, was recognized for his social work. 

Rosihan Anwar, a veteran journalist who died from heart failure last month, was awarded the Special Tribune. 

Susno Duadji, the former National Police chief detective turned corruption whistle-blower turned graft convict, was named most controversial newsmaker. 

First Brig. Norman Kamaru, the Mobile Brigade officer who shot to fame after a video of him lip-syncing and dancing to a Bollywood song went viral on the Internet, was named most entertaining newsmaker. 

Arief Suditomo, editor in chief for news programming at privately owned broadcaster RCTI, said the awards were decided based on how much influence people had on the news between May 2010 and May 2011. 

“This is the first time the Seputar Indonesia RCTI Awards have been held, and RCTI has been around for nearly 22 years,” he said. “We thought that it was time to show our appreciation to our sources for their contribution to our news production.” 

Yunarto Wijaya, an analyst from political research company Charta Politika, said the awards were commendable. 

“They could be used as a tool to help educate people about politics, although it’s true that this kind of event is actually pop culture,” he said. 

These kind of awards, he added, would hopefully encourage lawmakers and government officials to develop better public communication skills.

Gay Community Looks to Media to Spread Message of Acceptance

The Jakarta Globe

Wary of past attacks by hard-liners, the country’s gay and lesbian community chose to mark International Day Against Homophobia on Tuesday quietly, with a view to raise awareness and acceptance through the media. 

Hartoyo, general secretary of Ourvoice, a Jakarta-based gay rights group, told the Jakarta Globe that the lesbian, gay, bisexual and transgender community (LGBTIQ) believed a media campaign was the best way to address growing homophobia. 
“Learning from our previous experiences — where LGBTIQ events were attacked by intolerant groups — we now prefer to do a media campaign to introduce the diversity of sexual orientation to the wider community,” he said. 
He said the media wielded enormous influence in shaping public opinion, but in the past had often been used to discriminate against marginalized social groups such as the LGBTIQ . 
Homosexuality, he said, had often been portrayed as a sexual aberration or deviant behavior, labels used to denounce the LGBTIQ directly and indirectly. 
“So we need to work together with a smart media to introduce people to and educate them about what the LGBT community really is about,” he said. 
Hartoyo added that the government needed to respect and provide full protection for all citizens regardless of their sexual orientation or gender identity. 
Dede Oetomo, founder of the country’s first gay group, Gaya Nusantara, said the rise in homophobia had been a recent phenomenon. “Homosexuality is actually part of Indonesia’s history and diversity but, unfortunately, it is not recognized anymore by society because of modernization,” he said. 
“It is OK to disagree about things, but it is very important that we respect each other’s beliefs, including on gender and sexual orientation.” 
Meanwhile, to prevent a repeat of the imposter “wife” case that shocked a Bekasi community last month, the government is mulling a requirement that couples undergo physical examinations before being married. 
Rohadi Abdul Fatah, director for Islam and Shariah law at the Ministry of Religious Affairs, said the requirement was being considered because of the scandal surrounding Rahmat Sulistyo, a k a Fransiska Annastasya Oktaviany, who allegedly posed as a woman to dupe a visually-impaired man into marrying him. 
The marriage has since been declared invalid and Rahmat is being investigated by police. 
Rohadi said the physical checkup idea would be proposed to the minister and, if accepted, would become one of the requirements for Muslim weddings.
“This policy will only be implemented in Islamic weddings, with brides being checked by female officials and grooms checked by male officials at the Religious Affairs Office,” he said. 

Additional reporting by Antara

Cinemas Live the Horror as Film Boycott Slashes Profits

The Jakarta Globe


While film lovers have been missing catching Hollywood blockbusters on the big screen, cinemas have been missing something more substantial: profit.

Djonny Sjafruddin, the head of the Indonesian Cinema Companies Union (GPBSI), said the foreign film distribution boycott in the country had caused a 60 percent drop in the local industry’s income nationwide.

“Since the Motion Picture Association stopped exporting their films to Indonesia, we, the cinema industry, have begun feeling the effect, especially in small towns such as in Central Java,” Djonny said. 

The boycott that began on Feb. 17 was sparked by disagreement over a new royalty tax computation the government wanted to impose but that the MPA said would have a “significant detrimental impact on the cost of bringing a film into Indonesia.” 

The government had promised a resolution by the end of March, but talks apparently still haven’t concluded as major releases like “Thor” and “Pirates of the Caribbean: On Stranger Tides” aren’t being shown here. 

Syamsul Lussa, the director of films at the Culture and Tourism Ministry, could not be reached for comment on when Indonesia could expect a resolution to the issue as he was attending the prestigious Cannes Film Festival. 

To cope with the diminished source of movies to screen, Djonny said cinemas had been making do with second-class foreign films and previously run movies as daily screenings are cut. 

“The tax-scheme controversy is slowly killing the Indonesian cinema industry, while the government wants to add more screens across the nation,” he said. “But if there is no film, what will be screened in the new screens? Indonesian films have not really been able to attract the market.” 

“Maybe 15 to 20 percent of Indonesian films can attract audiences, such as ‘Tanda Tanya’ by Hanung,” he said. “But other than that, does the audience really want to watch films with the same ghost concept all the time? I guess not, because the audiences are not stupid.” 

Dian Sunardi, the head of marketing at BlitzMegaplex cinemas, testified to the decreased audience-drawing power of the films they had been showing. 

“We still receive some film stock from major studios, including from Hollywood through other distributors,” Dian said. “However, the number of visitors has dropped 15 percent to 20 percent compared with last year.” 

Even the Jakarta administration is feeling the impact. 

“So far, cinemas have contributed 20 percent of the Rp 81 billion ($9.5 million) in entertainment tax collected for the first quarter of the year,” said Iwan Setiawandi, the head of Jakarta Tax Office. “But in previous years, cinemas have contributed as much as 40 percent to 50 percent of the Rp 350 billion entertainment tax collected annually in Jakarta.” 

Industry representatives and moviegoers like Herda Aprillia, a member of the Indo Harry Potter online fan community, can only hope the matter is resolved soon. “Harry Potter and The Deathly Hallows Part 2” — the last installment in the hugely popular series — is due to be released in July. 

“I am actually staunchly against pirated films. But what else can you do? I am not going to wait until the DVD is [officially] released or fly to Singapore only to watch the film,” Herda said.

Court Lets Off 14-Year-Old in $1 Theft Case

The Jakarta Globe

Central Jakarta District Court judges on Wednesday ruled to drop criminal charges against a 14-year-old boy accused of stealing a Rp 10,000 ($1.15) cellphone voucher, saying the investigation into the case was “defective.” 

The move came in the wake of criticisms against the police and prosecutors for bringing a minor to trial over a trivial offense. 

The boy, Deli Suhandi, had spent more than three weeks in an East Jakarta prison with hardened criminals before he was released following pressure from human rights groups and child welfare activists. 

Presiding judge Tjokorda Rai Suamba said the police had violated legal procedures during the investigation. 

“The defendant was not accompanied by a lawyer. Hence, the investigation is deemed to be defective,” Tjokorda said after issuing the preliminary ruling. 

Deli, a junior high student, said that he and two friends from school had only picked up the phone vouchers from the street after rioters destroyed several cellphone shops along Jalan Tanah Tinggi. 

Though investigators said they had a signed letter from Deli stating that he waived his right to a lawyer, the judge said the note should have been signed by the boy’s parents. 

Agam, one of the prosecutors, said on Wednesday that his team would file an appeal against the ruling, saying the police report clearly stated that Deli had refused to be assisted by a lawyer. 

“It is clear in the investigation report that the defendant signed a letter declining an attorney,” he said. “Therefore, we are going to file an appeal.” 

Defense lawyer Hendra Supriatna said if prosecutors failed to appeal within seven days, the case against Deli would be dropped. 

Arist Merdeka Sirait, chairman of the National Commission for Child Protection (Komnas Anak), criticized the Johar Baru Police for locking the boy up, and prosecutors for charging Deli, saying these were in violation of a 2009 joint ministerial decree on dealing with children in conflict with the law. 

“The prosecutor is silly if he wants to file an appeal,” Arist said. “He should have had rejected the case in the first place when the police filed the investigation report.” 

“This kind of case can actually be solved through discussions among the witnesses, the victim and the suspect,” he said. 

“But because there is no evidence and the trial is closed to the public, this case should have been dropped immediately,” the Komnas Anak chairman said. 

Dede Suhandi, Deli’s father, welcomed the court ruling on Wednesday and said he hoped his boy would not be arrested again. 

“I just don’t like the fact that my son has been labeled a criminal,” Dede said. “He has done nothing wrong. The only thing that I want is for my son to be accepted by society.”

Polluted Flood Canal Offers Poor Residents Tainted Catch

The Jakarta Globe

When 80-year-old Madi has no money to buy food for him and his wife, he casts a net in the polluted waters of the East Flood Canal hoping to haul in fish. 


The waters are often caked with foam from detergent used by nearby houses or even industrial waste dumped in rivers flowing into the canal, also known as the BKT. 

However, this doesn’t bother Madi, a resident of Duren Sawit in East Jakarta, who will settle for a tainted catch. 

“I have learned my lesson,” he said on Tuesday. “I cannot cook the fish immediately because if I do, I will get stomach aches.” 

The health hazards caused by this practice have not stopped impoverished communities around the canal from fishing there. 

Madi said that after he fell ill from eating fish caught from the BKT, he learned to soak the catch in a bucket for several days before cooking it. 

Aos Rosyidin, 55, a resident of Malaka Sari subdistrict in Duren Sawit, has also learned how to avoid disease even if he eats fish caught from the canal. 

“The problem is that [the people who get sick] do not handle the fish properly,” he said. 

“The fish need to be cleaned first by putting them in a bucket with fresh water for three or four days before they are ready to be cooked.” 

The 23 kilometer-long BKT, built to ease flooding in East and North Jakarta, pools water from the Ciliwung, Cililitan, Cipinang, Sunter, Buaran, Jati Kramat and Cakung rivers. 

However, authorities said those rivers had become polluted by industrial and household waste, making fishing for food at the BKT dangerous. 

According to October 2010 data from 45 monitoring posts of the Jakarta Environmental Management Agency (BPLHD), 82 percent of the capital’s rivers are “heavily polluted.” The rest were categorized as either slightly or moderately polluted. 

Pitoyo Subandrio, head of the Public Works Ministry’s Ciliwung-Cisadane Agency, which oversees the flood canal, has confirmed that pollutants have tainted the BKT. 

Though the government has not issued a ban on fishing at the BKT, officials said last month that they were trying to address water quality problems by threatening suspensions or water-pipe blockage to companies that continued to dump waste into rivers. 

Dian Wiwekowati, head of natural resources management at the BPLHD, said all industrial or commercial activities disposing of wastewater needed a valid permit from the governor. 

Peni Susa n ti, head of the BPLHD, said the permit was necessary to limit the amount of wastewater being dumped into the city’s 13 rivers. 

For now, though, concerns about water-borne diseases or food poisoning fail to discourage poor residents from using the BKT, which has seen marine life grow since the long-delayed project was completed in 2009. 

Ratim, a waiter from Pondok Bambu, said fellow residents went to the canal “almost daily” to bring home fish for their families. For him, however, fishing is a hobby, and he claims to have once caught four kilograms of fish at the canal. 

“Before the BKT was built, I used to go fishing at the river near the [mosque] in Pondok Bambu,” he said on Tuesday. 

Ratim has frequented the BKT enough to know when the fish taste good based on the canal’s water level. 

“I usually don’t get many fish when the water [level is low], but the fishes usually taste better,” he said. 

“I think it is because when the water is receding, the water is cleaner so the fishes do not have a weird taste, like oil.”

Jakarta Promises To Resume Stalled Bridge Repairs

The Jakarta Globe

Muara Angke Bridge has for several years served to link fishing villages on the Jakarta coast to the rest of the city. 


But rising sea levels have seen the bridge regularly inundated, leading to traffic jams in the area. In response to the congestion, the city administration last year began building a second, higher bridge to replace it. 

For residents like Agus Hendriko, this move was a no-brainer. “It’s actually a very good idea by the city to build this bridge because it’ll help reduce the congestion caused by the rising water levels,” he said on Tuesday. 

What he can’t understand, however, is why officials have abandoned the project before its completion. 

“They started building the new bridge at the end of 2010, but for whatever reason they haven’t seen it through,” he said. 

“It’s very unfortunate because this is the only access road to the fish market, and we get lots of large trucks passing through, which causes heavy congestion in the evenings.” 

It’s a similar story over in Cilincing, also in North Jakarta, where Marunda Bridge has been damaged by the container traffic to and from the Marunda industrial estate. 

Ahmad Effendi, a resident, said the bridge had been repaired several times but was quickly damaged again each time. 

“It’s very annoying that the city can’t build a good-quality bridge,” he said. “They know this is an industrial area that sees a lot of heavy trucks coming and going.” 

The Jakarta Public Works Office insists it is addressing both problems. It says it has earmarked Rp 212 billion ($24.8 million) this year to fix three bridges in North Jakarta, including Marunda and Muara Angke, and several roads. The third bridge it plans to work on is North Pluit Bridge, which is also prone to flooding. 

Novizal, head of the office’s bridge unit, said on Tuesday that work on the bridges had not been abandoned. 

“The repairs are being carried over from last year because the projects receive multiyear funding,” he said. “Hopefully we can finish all the repairs this year.”

He blamed the poor quality of the repairs on Marunda Bridge on the steel latticework, which he said was no longer fit for use and would need to be replaced with a concrete structure. The budget for replacing the entire bridge has been set at Rp 40 billion. 

Novizal said his office would also continue work on the new Muara Angke Bridge. “We completed half of it last year, so hopefully we can finish it all this year and open it to the public,” he said, adding the pending work would cost an estimated Rp 7 billion. 

Repairs to North Pluit Bridge have been allocated Rp 15 billion, he said. 

Novizal added another key project this year was the construction of a ramp for the planned Pulogebang bus terminal in East Jakarta. 

“The actual terminal will be on the second floor of the building, so we need to build a ramp that buses can use to get up there,” he said. 

Novizal said the terminal was expected to be completed in 2012 at a total cost of Rp 150 billion, also with multiyear financing.

Charges Dropped Against Boy on Trial Over $1 Phone Credit

The Jakarta Globe


A preliminary verdict handed down by the Central Jakarta Disctrict Court on Wednesday dropped the case against a 14-year-old boy on trial for allegedly stealing a Rp 10,000 ($1.17) cell phone credit voucher.

Presiding judge Tjokorda Rai Suamba decided to drop the charges against Deli Suhandi, a sophomore at a junior high school, because he considered the case investigation “defective.”

“During the investigation, the defendant was not accompanied by a lawyer, hence the investigation is deemed to be defective,” Tjokorda told the Jakarta Globe.

The judge said that even though the police investigation report had a letter attached and signed by the teenager stating that he had refused to be assisted by a lawyer, it was a violation of legal procedures.

“The letter should have been signed by his parents because he is still a minor, therefore, the case is defective,” he said.

Deli’s lawyer said that they were waiting for the prosecutor to respond to the sentence.

“The prosecutor has seven days to decide whether or not he will appeal the sentence and if he doesn’t file any appeals within that period, the case against Deli will be dropped,” Hendra said.

Meanwhile, Prosecutor Agam told the Jakarta Globe that he would appeal the preliminary verdict.

“It is clear in the police investigation report that Deli, the defendant, signed a statement letter stating that he declined to be assisted by lawyer,” Agam said. 

“Therefore, we are going to file an appeals.”