Bagus BT Saragih, Jakarta – The National Police said Saturday the force could continue investigating 14 timber companies operating in Riau following protests from civil society and the presidential Judicial Mafia Taskforce.
The Riau Police issued letters ordering a halt to investigations into alleged violations by 14 logging firms in 2009, but the policy could be revoked under a court ruling, National Police deputy spokesman Brig. Gen. I Ketut Untung Yoga Ana said on Saturday.
"According to the Criminal Procedures Code, a letter ordering a halt on investigations can be challenged in court. Only with a court ruling we can continue investigations that have already been halted," Ketut told The Jakarta Post.
He said the police respected any inputs, both from NGOs and the taskforce. "But we need a court ruling to give us legal certainty on whether we should reopen the investigation of the cases and bring the perpetrators to court or not," Ketut said.
The Judicial Mafia Taskforce said last week the decision to halt the investigations contained "peculiarities" and therefore should be revoked.
The taskforce estimates state losses of Rp 73.36 trillion (US$8.58 billion) caused by lost timber illicitly logged by the 14 firms. The taskforce also said that the 14 companies have also caused a total of Rp 1,995 trillion in environmental damage.
According to Ketut, however, new evidence will be required to challenge the police's decision to stop the investigation.
Taskforce member Mas Achmad Santosa cited a Supreme Court ruling that he said could be used as new evidence.
The court rejected the appeal of Tengku Azmun Jaafar in 2009. The former regent of Pelalawan regency in Riau was found guilty of corruption leading to illegal logging in his region. He was convicted of illicitly issuing permits that enabled 15 companies to exploit protected forest area in Pelalawan.
The court upheld a ruling made by a lower court, sentencing Tengku to 11 years in prison and ordering him to pay a Rp 500 million fine and Rp 12.36 billion in restitution to the state.
"The court ruling can be used as a basis that the issuance of logging permits may involve corruption. Therefore, it was very possible that graft also existed surrounding the issuance of the logging permits to the 14 companies." Mas Achmad said.
In its statement the taskforce also encouraged the Corruption Eradication Commission (KPK) to probe any potential corruption in the cases surrounding the 14 companies.
Mas Achmad also suggested that state prosecutors file civilian lawsuits against the 14 companies as part of attempts to recover state losses.
"Such lawsuits can be done in line with the 2009 Law on Protection and Management of the Environment."
The taskforce recommended that the central government and local administrations create an integrated permit system, establish a list of all forest area permits and monitor forest use in order to curb misuse and corruption.
KPK spokesman Johan Budi said the commission could "take over" the investigation of the 14 companies, but it would require sufficient preliminary evidence.
He also denied that the KPK had been afraid to probe certain cases due to political intervention. "We are professionals," Johan said.
Since its establishment in 2003, the KPK has so far completed investigations of three graft cases in the forestry sector.
The cases included illegal forest conversion in East Kalimantan in 2006, which saw former governor Suwarna Abdul Fatah sent to jail, and illegal logging in Pelelawan regency, Riau, in 2007, where Tengku Azmun Jaafar was sent to prison.
Several NGOs, including the Indonesia Corruption Watch (ICW) and the Indonesian Forum for the Environment (Walhi), have filed reports with the taskforce and the KPK over numerous alleged incidents of illegal logging and corruption by timber companies across the country, mostly in Sumatra and Kalimantan.