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.