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Graft laws best suited for dealing with illegal logging

Source
Jakarta Post - July 17, 2007

Jakarta Post – Legal experts are recommending the government use the anti-corruption law, not forestry laws, to try illegal logging suspects.

Lawyer Adnan Buyung Nasution said Monday matters pertaining to illegal logging were extremely complicated, and the use of the anti-corruption law would be the best way to fight the crime.

Speaking during a seminar in Jakarta, Buyung said forestry laws and regulations did not have the necessary teeth to catch illegal logging suspects. "Some charges for forestry crimes fail because the suspects, businesspeople and officials, are often untouchable by the law," he said.

He cited the case of Adelin Lis, who received a letter of support from Forestry Minister MS Kaban, who said the allegedly illegal logging activities conducted by Adelin were not a crime, but simply an administrative error.

Adelin, financial director of PT Keang Nam Development Indonesia, is accused of violating forestry laws in relation to illegal logging and illegally collecting timber products outside the company's concession area in Mandailing Natal regency, North Sumatra, between 2000 and 2005.

Buyung said Minister Kaban's actions in the case were unethical and could be seen as obstruction of justice. "Why did Kaban say the case was only an administrative violation?" Buyung asked.

He said illegal logging could not proceed without the involvement of officials in forestry offices, regional administrations and law enforcement bodies.

Gayus Lumbuun, a member of the House of Representatives' law commission, said illegal logging always involved official corruption, which was why the crime was so difficult to tackle.

"We need specific regulations for (dealing with) illegal logging activities," Gayus said. He said of the 150 illegal logging cases the National Police had investigated, only 10 were brought to court, and in nine of these cases the accused were not convicted.

"These crimes caused losses equal to about a third of the state budget. And this continues because the police, regional administrations and the Forestry Ministry have their own interests in dealing with these cases," he said.

Gayus said the Attorney General's Office had the authority to fight illegal logging but had to be more involved in dealing with the crime. "The Attorney General's Office should play a role in handling these corruption crimes," he said.

Attorney General Hendarman Supandji, in an address read by Deputy Attorney General Mukhtar Arifin during the seminar, said many illegal logging suspects went uncaught because of the size of Indonesia's forests and the limited number of law enforcers.

Hendarman said illegal logging needed to be eradicated as quickly as possible because of the losses it caused the state, as well as the environmental damage. Separately, National Police chief Gen. Sutanto said the police, in cooperation with the Forestry Ministry, would set up a team to investigate illegal logging.

"We will send the team to Riau. The team will consist of police officers, Forestry Ministry officials and officials from the State Ministry for the Environment," he said.

Forestry Minister Kaban said earlier this month that Sutanto should focus on evaluating the performance of all provincial police chiefs, especially in Riau, North Sumatra and Papua, were numerous illegal logging suspects had walked free.

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