Between 2019 and 2025, Indonesian courts adjudicated more than 8,000 criminal cases, ranging from environmental protection and forestry to mining and fisheries. At first glance, the figure suggests that the government is actively prosecuting illegal logging, unlicensed mining, the trade in protected wildlife, and forest fires. However, the sheer number of cases actually masks a decline in the quality of environmental law enforcement.

Research by Indonesian environmental non-governmental organization Auriga Nusantara found that nearly all cases targeted only individual perpetrators. Among the thousands of cases, the number of corporate criminal cases did not even reach 100.

The "multi-door approach" – a mechanism that combines various legal instruments to dismantle entire criminal networks – is rarely utilized. The average prison sentence handed down is only about one year – lighter than the prosecution's recommendations.

These figures indicate that the main problem with environmental law enforcement is no longer a lack of cases but a failure to reach the main perpetrators. Yet a deterrent effect is only created if the law targets those who control and reap the greatest benefits from the crimes.

Auriga's qualitative findings in Aceh, North Kalimantan, North Maluku, and North Sulawesi reveal more serious issues. Law enforcement officials acknowledge their limited capacity to address increasingly complex environmental crimes. In a number of cases, they also found involvement by police officers, military members, or prosecutors. These findings indicate that addressing environmental crimes faces not only technical obstacles but also conflicts of interest among law enforcement officials.

The focus of law enforcement has also taken a step backward. Success is more often measured by the number of operations, suspects, and cases referred to court rather than by the ability to dismantle criminal organizations. When numbers become the primary metric, officials are driven to pursue the cases that are easiest to prove. While enforcement statistics have indeed increased, the masterminds behind the networks, the corporations, and the flow of criminal proceeds remain untouched.

Environmental law enforcement has, in fact, previously demonstrated a different approach. In the mid-2000s, law enforcement officials dared to prosecute the masterminds behind forestry crimes. In some cases, investigators used the multi-door approach by combining forestry violations, state losses, and other criminal offenses to trace the entire network.

The opportunity to use a similar approach remains open. Illegal mining in forest areas, for example, can be prosecuted simultaneously under both the Mineral and Coal Mining Law and the Forestry Law. If the proceeds of crime are channeled through companies or other parties, the Anti-Money Laundering Law can be used to trace the flow of funds, seize assets derived from crime, and hold corporations accountable.

In short, the success of environmental law enforcement can no longer be measured solely by the number of cases brought to court. The true measure is the ability to dismantle criminal networks, bring corporations and their controllers to justice, seize assets derived from crime, and restore environmental damage.

– Read the Complete Story in Tempo English Magazine

Source: https://en.tempo.co/read/2115217/miscalculation-in-environmental-law-enforcemen