Govt mulls tougher fines for foreign dredgers

Haidir Anwar Tanjung, The Jakarta Post, Pekanbaru

Having lost in a legal battle against the owners of seven foreign dredgers, the government is considering imposing a heavier fine of Rp 315 billion (US$35.2 million) on each owner of the vessels.

The move follows a controversial verdict handed down by the Tanjungpinang District Court, which ordered each owner to pay Rp 30 million for operating in Riau waters without proper legal documents.

However, the fine sought by the government was far below the original demand of Rp 2 trillion, or 50 percent of the dredgers' value and their contents.

The verdict outraged the public, who urged the government to take tougher action against the owners of the foreign dredgers.

Rear Adm. Tedjo Adhie, the commander of the Navy's Western Fleet, said that the new fine had been directly ordered by President Megawati Soekarnoputri.

"Whether the fine is declared in a presidential decree or in another form of government regulation, it is not certain yet," Tedjo told The Jakarta Post in Batam.

However, the government would not immediately take drastic measures, but would first promote a dialog with the owners of the dredgers, Tedjo said.

The government, represented by the sand-mining supervision team, is negotiating the best solution for the case with the dredgers' owners, added Tedjo.

If the foreign dredgers agree to pay the Rp 315 billion fine, the case is closed, he said.

"We are waiting for the final outcome of the negotiation," he said.

Tedjo said that the Navy had detained the seven vessels since July of this year. The vessels were seized by naval warships while allegedly dredging sand illegally in Riau waters.

The seven vessels are docked at Tanjung Karimun Seaport and are under the watchful eyes of Navy personnel.

But the government's latest move drew criticism from the lawyer of the seven dredgers, Samsul Rakan Chaniago, who said that the plan had been fabricated.

Samsul said the state court had ruled that the owners of the seven dredgers had to pay Rp 30 million each and the government did not have grounds to demand more fines.

Samsul said it was certain that the owners of the seven dredgers would not meet the government's demand.

"The latest demand has no legal basis, so we will ignore it," said Samsul.

Criticism has also come from non-governmental organizations (NGOs), which have said that the government acted inconsistently in the case.

The chairman of the local NGO, Kaliptra, Zazali, said the government should uphold the law and not exercise unilateral measures, which is in flagrant disregard of the law.

"The government could file an appeal to a higher court in order to win the case instead of seeking unilateral measures," he said.

Zazali said law enforcement in the sand-mining issue had been weak as there were many conflicting interests within the local government.

"The sand-mining business has been used by certain elements in the local government in connection with the formation of the Riau Island province," he said.