Salvaging marine treasure a dark job

Indonesian waters have been a graveyard for hundreds of ships over the centuries. In recent years, they were also a hunting ground for looters of sunken treasure. The Jakarta Post's Rita A. Widiadana and Emmy Fitri explore the tussle between safeguarding heritage and making handsome profits.

JAKARTA (JP): Mention underwater treasure, and visions of quick riches instantly come to mind.

For many treasure hunters, often operating under the guise of legal salvaging companies, Indonesian waters have become their treasure troves for ceramics and pottery, stoneware, glassware, gold and silver coins and ingots, sculptures, jewelry and other precious times dating from the seventh century to the 18th century.

For hundreds of years, vessels sailed through Indonesian waters from Venice and other European commercial hubs, bound for the Far East. Many ships did not make it to their final destinations, succumbing to storms or raids by pirates.

More than 100 shipwrecks are believed to lie in the Strait of Malacca alone. Some of these were merchant vessels laden with ceramics, gold, silver and gems. Other shipwrecks are believed to lie in the seas off Sumatra, Java, Bali and in the archipelagic province of Maluku, but there are few records.

The heady speculation about the potential payouts became reality with the notorious case of British-born treasure hunter Michael Hatcher. He gained US$16.6 million from the sale of 160,000 antique ceramics, 126 gold bars and other items taken from a Dutch shipwreck in Riau waters in 1986.

"There could be precious underwater treasures worth billions of U.S. dollars, without counting smuggled items which did not appear in written records," said Nunus Supardi, head of the Directorate of Archaeology.

Hatcher's sensational finding encouraged others with riches on their mind, leading to what Nunus called "wild and uncontrolled" looting and theft of marine treasures.

They were then sold to domestic and foreign collectors, museums and jewelers.

Regulation

In what it claimed was a move to curb the illegal activities, the government issued a presidential decree in 1989 regulating the recovery, exploration and usage of underwater treasures.

The regulation, endorsed by Presidential Decree No. 43/1989, established a national committee on valuable goods exploration and usage under the custody of the coordinating ministry for security and political affairs.

The interministerial committee comprised officials from the ministries of education, home affairs, foreign affairs, finance, manpower, defense, plus the Indonesian Military (TNI). Also included was the now defunct justice ministry.

Among the committee's tasks is to issue permits for salvaging and the usage of underwater treasures. The committee has provided permits to 24 salvage companies.

The companies -- including PT Muara Wisesa (belonging to Hoetomo "Tommy" Mandala Putra, former president Soeharto's youngest son), PT Torr and PT Lautan Mas Group -- discovered thousands of antique ceramics and other items from shipwrecks at several sites.

With the enforcement of the decree and the establishment of the national committee, underwater salvaging was supposed to have been controlled.

"Of course not, for this is when all problems and clashes started," explained Nunus.

Clash

The establishment of the national committee sparked bitter discord among government officials, archaeologists, salvage companies and art dealers.

Many believed the committee was established merely to further the interests of parties connected to Soeharto's New Order regime.

Underwater treasure projects reportedly became a thriving business for the former first family and high ranking Army generals, especially those who were also part of president Soeharto's administration.

"We have comprehensive data to support the number of thefts claimed," explained Nunus.

There is ample evidence of ongoing looting and theft, including the recent success of the Indonesian Navy in confiscating 43 containers filled with antique ceramics from the Swissco Marine IX, sailing under the Belize flag.

Many accuse the committee of being part of the problem of illegal activities.

Committee secretary Maj. Gen. (ret) M. Gasyim has been named a suspect in the recent seizure of a ship illegally exploring Indonesian waters, as well as for allegedly issuing fake permits for several salvage companies.

Commander of Tanjung Priok Navy Main Base II Rear Adm. Djuhana Suwarna said, "the Navy has collected evidence against the general and other involved persons".

Djuhana said the illegal activities "have been going on for a long time" and promised to get tough with the offenders.

Nunus acknowledged the committee kept a tight lid on what was going on.

"Violations, irregularities were carefully covered up. It was a murky matter for almost 20 years."

Soeharto's exit from power brought the violations to the surface and showed the impotence of the national committee.

Experts recommend the government disband the present committee and establish a more credible and honest institution to overview underwater treasures.

Director General of Sea Supervision and Protection Busran Kadri Busran Kadri said he was awaiting a presidential decree to transfer the authority on the matter from the coordinating ministry of security and affairs to his office. The directorate general is part of the Ministry of Maritime Exploration.

Before another presidential decree is issued, Director General for Treaties and Legal Affairs at the Ministry of Foreign Affairs Harry P. Hartono said there should be an understanding that "underwater treasures are not natural resources. It's not inherent with the sea, like oil, coral reefs or other marine resources".

Valuable goods found at underwater sites, as stated in articles 149 and 303 of the UN Convention on the Sea, are treated as cultural heritage. According to international maritime law, all cultural objects should be preserved for the benefit of humankind, said Harry, who is an expert in maritime law.

Indonesia is among countries which ratified the convention and therefore should use the convention as the reference in dealing with the exploration of the underwater treasures.

Harry said the Ministry of National Education, in this case the Directorate for Culture, was the right office to handle the matter. It currently enforces Law No. 5/1992 on cultural heritage.

He argued the Ministry of Maritime Exploration should deal with natural marine resources only and exclude cultural treasures.

Harry acknowledged it was not easy to revise or set new regulations, but believed it was important to make a start.

He said there should be no half measures.

"If we want to correct the mistakes, correct them entirely," he said.