Indra Harsaputra, Surabaya – Legal activists and environmentalists have strongly criticized a court in East Java that has sentenced a firewood gatherer to two years' imprisonment and a fine of Rp 2 billion (US$167,000) for cutting down mangrove trees.
Justice Awareness Legal Aid Institute head Jumanto said the court ruling against Busrin, 58, was unjust and legally discriminatory as many major companies had evaded the law although they had felled mangrove trees in large numbers.
"Busrin only finished elementary school and is from a poor family. We will file a judicial review with the Supreme Court," Jumanto told The Jakarta Post on Tuesday.
The mangrove damage, according to reports from the East Java Forestry Agency, was due to humans who looted mangrove forests in a massive manner for timber, conversion into farms and residences, as well as for the cosmetics and pharmaceutical industries.
Separately, Indonesia Environmental Awareness Community head Teguh Ardi Srianto said his group had found 20 hectares of damaged mangrove forest in Wonorejo, Rungkut district, Surabaya.
"Around 20 hectares of the mangrove forest has been logged by a developer there. The company plans to build a mangrove tourism pier, including a recreational area and swimming pool," said Teguh.
Separately, the Probolinggo District Court claimed that the verdict was fair. Court spokesman Putu Agus Wiranata said the defendant was sentenced by the court on Oct. 22 and was currently at Probolinggo city penitentiary.
"We are not selective in upholding the law because every citizen is in the same position before the law. The defendant was punished because he was proven guilty of cutting down mangrove trees to be used for firewood in a forest conservation area and cleared a 2-by-30-meter plot for farming," Putu told the Post on Tuesday.
As reported, Busrin was arrested by the Probolinggo Water Police Unit on July 16 this year based on a report from the Mangrove Supervision Community Group for damaging the mangrove ecosystem. During the arrest, Busrin admitted the timber was for firewood. The police submitted his dossier to the court on Sept. 24 and the court handed down the verdict on Oct. 22.
Putu said judges had considered every factor, including Busrin's financial ability. He added the defendant could not afford to pay the Rp 2 billion fine so the court replaced it with another month in prison.
Putu said Busrin violated Law No. 27/2007 on coastal areas and small island management, which stipulates that violators would be sentenced to between two and 10 years and fined between Rp 2 billion and Rp 10 billion.
"We handed down the minimum sentence because we considered his economic and educational background. We also believe the sentence will serve as a warning to other people because many of the mangrove swamps in Probolinggo have been damaged due to conversion," said Putu.
Putu added Busrin's actions had also threatened the marine ecosystem, which would impact on the livelihood of local fishermen, as well as cause floods and coastal erosion.
"Witnesses in court included fishing communities and the local village chief, who had conducted campaigns and warned residents not to damage and fell mangrove trees. Many mangrove destroyers there have not been caught," he said.
Putu added many people were against the court ruling, as they deemed it painful and controversial. However, the impact of the court decision would be felt in future to ensnare more perpetrators.