Emergency logging regulation new hope for nation's forests<\/p>\n
P.C. Naommy, The Jakarta Post\/Jakarta<\/p>\n
The government has proposed a limited abolition of the
\npresumption of innocence in illegal logging prosecutions under a
\ndraft regulation in lieu of law on the eradication of illegal
\nlogging.<\/p>\n
The government feels that such a radical step is necessary due
\nto the difficulties involved in proving the commission of the
\nforestry-related crimes.<\/p>\n
The regulation also provides for the admissibility of
\nelectronic and digital evidence, neither of which are recognized
\nby the Criminal Code.<\/p>\n
\"There are no new departures in Law No.41\/1999 on forestry as
\nthis law only refers to the Criminal Code,\" said Indro Sugianto,
\nthe executive director of the Indonesian Center for Environmental
\nLaw (ICEL).<\/p>\n
Article 30 (3) of the draft regulation in lieu of law on
\nillegal logging provides that a defendant has the obligation to
\nproof that his assets and property have not been derived from
\nillegal logging.<\/p>\n
This article, according to Indro, will ease the burden resting
\non prosecutors during the trial process, especially when they
\nhave to deal with the kingpins of the illegal logging industry,
\nwho are known to enjoy close ties with government institutions,
\nsenior government officials and senior military and police
\nofficers.<\/p>\n
Another obstacle faced by prosecutors in dealing with illegal
\nlogging is the strict limitations on the types of evidence that
\nmay be admitted during hearings.<\/p>\n
Indro said that the forestry law did not accommodate the use
\nof electronic and digital evidence during the trial process as
\nthe Criminal Code only recognized evidence in the form of
\ntestimony from witnesses, experts and suspects in court, letters
\nwritten under oath, and material evidence confirming the
\ncommission of a criminal act.<\/p>\n
Article 27 of the draft regulation in lieu of law states that
\nelectronic evidence, such as voice recordings, photographs and
\nvideo recordings indicating the occurrence of illegal logging
\nwill be admissible in evidence.<\/p>\n
Indro, however, emphasized that without curbs on collusion and
\nimproved integrity among law enforcers and government
\ninstitutions, the regulation could still turn out to be a paper
\ntiger.<\/p>\n
The draft regulation, which consists of eight chapters and 40
\narticles, also envisages the establishment of an illegal logging
\neradication agency under the auspices of the Ministry of
\nForestry.<\/p>\n
This special body will have full responsibility for effecting
\nall legal processes from the investigation through to the
\nindictment stages, and also be responsible for conducting raids
\non places where it is suspected illegal logging is taking place.
\nThe new agency will also be empowered to seize and auction
\ncontraband lumber.<\/p>\n
The members of the agency will be drawn from various
\ndepartments, the Ministry of Forestry, the Indonesian Military,
\nthe National Police, the Attorney General's Office and other
\nrelevant institutions.<\/p>\n
For investigative purposes, they will be allowed to tap the
\nphones of suspects with the consent of the local district court
\nchief.<\/p>\n
According to Indro, the agency should also involve the public
\nand non-governmental organizations, whose main job would be to
\nsupervise the workings of the agency.<\/p>\n
A regulation in lieu of law is only issued in extremely
\npressing circumstances.<\/p>\n
Minister of Forestry M. Prakosa earlier said that illegal
\nlogging had been causing major losses to the country, amounting
\nto Rp 30 trillion (US$3.37 billion) per year.<\/p>\n
The latest data from the Ministry of Forestry shows that in
\n2003 about 43 million hectares out of a total of 120.3 million
\nhectares of forest were no longer productive due to illegal
\nlogging, with up to 2.1 million hectares of forest per year being
\nfelled.<\/p>",
"url": "https:\/\/jawawa.id\/newsitem\/emergency-logging-regulation-new-hope-for-nations-forests-1447893297",
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