Emergency logging regulation new hope for nation's forests

Emergency logging regulation new hope for nation's forests

P.C. Naommy, The Jakarta Post/Jakarta

The government has proposed a limited abolition of the
presumption of innocence in illegal logging prosecutions under a
draft regulation in lieu of law on the eradication of illegal
logging.

The government feels that such a radical step is necessary due
to the difficulties involved in proving the commission of the
forestry-related crimes.

The regulation also provides for the admissibility of
electronic and digital evidence, neither of which are recognized
by the Criminal Code.

"There are no new departures in Law No.41/1999 on forestry as
this law only refers to the Criminal Code," said Indro Sugianto,
the executive director of the Indonesian Center for Environmental
Law (ICEL).

Article 30 (3) of the draft regulation in lieu of law on
illegal logging provides that a defendant has the obligation to
proof that his assets and property have not been derived from
illegal logging.

This article, according to Indro, will ease the burden resting
on prosecutors during the trial process, especially when they
have to deal with the kingpins of the illegal logging industry,
who are known to enjoy close ties with government institutions,
senior government officials and senior military and police
officers.

Another obstacle faced by prosecutors in dealing with illegal
logging is the strict limitations on the types of evidence that
may be admitted during hearings.

Indro said that the forestry law did not accommodate the use
of electronic and digital evidence during the trial process as
the Criminal Code only recognized evidence in the form of
testimony from witnesses, experts and suspects in court, letters
written under oath, and material evidence confirming the
commission of a criminal act.

Article 27 of the draft regulation in lieu of law states that
electronic evidence, such as voice recordings, photographs and
video recordings indicating the occurrence of illegal logging
will be admissible in evidence.

Indro, however, emphasized that without curbs on collusion and
improved integrity among law enforcers and government
institutions, the regulation could still turn out to be a paper
tiger.

The draft regulation, which consists of eight chapters and 40
articles, also envisages the establishment of an illegal logging
eradication agency under the auspices of the Ministry of
Forestry.

This special body will have full responsibility for effecting
all legal processes from the investigation through to the
indictment stages, and also be responsible for conducting raids
on places where it is suspected illegal logging is taking place.
The new agency will also be empowered to seize and auction
contraband lumber.

The members of the agency will be drawn from various
departments, the Ministry of Forestry, the Indonesian Military,
the National Police, the Attorney General's Office and other
relevant institutions.

For investigative purposes, they will be allowed to tap the
phones of suspects with the consent of the local district court
chief.

According to Indro, the agency should also involve the public
and non-governmental organizations, whose main job would be to
supervise the workings of the agency.

A regulation in lieu of law is only issued in extremely
pressing circumstances.

Minister of Forestry M. Prakosa earlier said that illegal
logging had been causing major losses to the country, amounting
to Rp 30 trillion (US$3.37 billion) per year.

The latest data from the Ministry of Forestry shows that in
2003 about 43 million hectares out of a total of 120.3 million
hectares of forest were no longer productive due to illegal
logging, with up to 2.1 million hectares of forest per year being
felled.