On salvage and looting of Indonesia's underwater treasures
On salvage and looting of Indonesia's underwater treasures
By Edi Sedyawati
JAKARTA (JP): The conducting of archeological exploration in
Indonesia is often confronted by other interests.
Physical development of land, such as building a new highway,
dam or factory, conflicts occasionally with the need to preserve
an archaeological site for scientific research. Nevertheless,
much has been done in terms of coordination and integrated
multisector problem solving in these cases.
A much more perplexing state of affairs concerns the
"underwater legacies" of the past. Some authorities outside the
archaeological community regard the relics of shipwrecks as
sources of wealth with high commercial value. Ventures have been
made, illegal and semi-legal, through a lot of companies for
commercial gains.
The Association of Indonesian Archaeologists made a
declaration at its February 1999 congress to enhance integrated
efforts to synchronize development and conservation purposes,
including "underwater archaeology".
Capacity building to develop underwater archaeology in the
country began with participation in a training program in that
field by the Seameo Project for Archaeology and Fine Arts,
conducted in Thailand from 1978 to 1984.
Sixteen people were trained, consisting of personnel from both
the Directorate for Protection and Conservation of Archaeological
and Historical Monuments of the then ministry of education and
culture (now the Ministry of National Education) and the National
Center for Archaeological Research.
However, the progress in developing capabilities in underwater
archaeology has been slow. Part of the reason was a traumatic
incident 14 years ago, after a foreign company with diver Michael
Hatcher as principal took the contents of a VOC shipwreck in
Indonesian waters without appropriate procedures.
A multisector expedition was sent by the government to check
on the spot, to identify the remains of the sunken ships, mainly
the much talked about Geldermalsen and Flor de la Mar. An
Indonesian archaeologist-diver, Santoso Pribadi, found the spot
and brought some pieces of ceramic samples on board. Alas, on a
second dive he was killed and lost at sea.
A more administrative reason of the slowness is the fact that
developing capacities in underwater archaeology needs a great
amount of funds, but the budget is limited.
For the cultural sector in general, it means a limitation to
implement any new vision and innovative ideas.
However, a small-scale capacity building measure has been
taken, which is the training of divers in cooperation with the
Indonesian Subaquatic Sport Association.
Adequate equipment is available, but only during training.
The fact is that aside from five scuba diving sets, the
archaeological office has no operational implements at its
disposal to develop an underwater division. Safety and good
documentation need to recourse to the fruits of the latest
developments in science and technology. Salvage of shipwrecks
should be regarded first of all as saving a historical evidence
(thus needs accuracy of handling and documentation), rather than
as looting of unguarded treasure.
Legal issues
After the "plunder" incident of 1986, the government issued
Presidential Decree No. 43 on Aug. 14, 1989, which appointed a
"national committee for the taking up and utilization of
treasures from the cargo of wrecked ships". This committee is
chaired by the coordinating minister for politics and security,
and the education minister as vice chairman.
It authorizes the committee, through the chairman, to issue
the permit to take up and utilize the treasures after taking into
consideration the opinion of the members, who represent eight
ministries (including home affairs, foreign affairs, finance,
justice, communications and trade) and the Indonesian armed
forces.
It also authorizes the national committee to monitor and
inspect all the activities in the field. On Dec. 20, 1989, a
technical regulation was duly issued by the head of the
committee.
On Aug. 22, 1990, the chairman of the committee issued its own
regulation called the "technical regulation to take up and
utilize treasures found on land", thus extending its own mandate
from the sea to land as well. The wordings of that decree
corrupted the name of the committee from the original mentioned
in the presidential decree into the "national committee for the
taking up and utilization of treasures" omitting the defining
words "from the cargo of wrecked ships".
This self-contained expansion of authority logically
transgresses that of the scientific archaeological excavation.
Paragraph 11 of that regulation explicitly states that the
archaeological aspect is only considered "when it is necessary".
Paragraph 5 point 4 mentions that decisions should only be
made in a "meeting", after receiving written recommendations from
the relevant offices. In reality, though, meetings have not been
conducted. In lieu of that, letters written by the secretary of
the committee to the members asking for comments about a proposal
"to take up treasures" (both from the sea and on land) have the
words" if within two weeks we do not receive any comments, we
consider that you are in agreement".
The Directorate General for Culture, through the Directorate
for Protection and Conservation and its branch offices in the
provinces, always reacts duly by checking the indicators in the
field. In most cases, alas, these efforts are futile.
The companies are already operating their salvage cum looting
without proper coordination with local authorities, especially
the representatives of the education ministry, disregarding any
archaeological and national considerations.
This has become the common practice done through the national
committee, despite the issuance of Law No. 5 on protected
material cultural heritage in 1992.
Law is higher in hierarchy compared to presidential decree.
Nevertheless, paragraph 112 of that law, which stated that
"anybody is prohibited to search for valuables or cultural
heritage of which the owner is unknown, by any means such as
digging, diving or carrying, without a permit by the government"
has mostly been disregarded by the national committee. Government
Regulation No. 10, 1993, issued for the implementation of Law
No.5, 1992, stated that the government in this case is
represented by the minister in charge of culture (paragraph 1
point 4), which means the education minister today.
Aware of this dualism of authority, and the growing intensity
of the "search for treasure" done by the many companies endorsed
by the national committee which has tended to become a one-man
committee, then education and culture minister Juwono Sudarsono
proposed the abolishment of Presidential Decree No. 43 1989.
This proposal was made in a letter to the minister/state
secretary on Dec. 1, 1998, but no formal reaction has been made
up to now. Verbally, however, the late coordinating minister for
politics and security, Soesilo Soedarman, admitted the problem
and expressed his wish to transfer the full responsibility for
treasure/heritage matters to the minister of education and
culture.
The writer is chairwoman of the Indonesian Archaeologists
Association and former director general of culture.