Deforestation & Illegal Logging in
Indonesia: Law Enforcement
Outlook
Djoko Sarwoko
Supreme Court of Indonesia
Roundtable for Southeast Asian Chief Justices on Environment
5-7 December 2011, Mandarin Oriental Hotel, Jakarta, Indonesia
Indonesia’s forest status: General Outlook
Indonesia has a
land area of
187,787 million
ha with 132,399
million ha of
forest areas and
55,388 million
ha of other land
use areas (APL)
Deforestation levels: From 1985 – 1997, the average annual deforestation rate was
1.87 million ha.(Indonesian forestry statistics 2000). In 2000 – 2005, the figure fell
again to 1.08 million ha a year. Meanwhile, during the 2003 – 2006 period, the
deforestation rate rose again to 1.17 million ha annually (MoF 2009b). Based on this
historical data, Indonesia’s deforestation rate is projected to be around 1.125 million
ha annually, whereas average degradation caused by logging is 0.626 million ha
annually (Draft National REDD Strategy, 2010).
Deforestation: Contributing Activities with Figures
No
Drivers
Status
1
Planned &
Unplanned Forest
Conversion
4,9 Million Ha (2010)
Data from
Ministry of
Forestry (2009a
and 2011)
2
Illegal Logging
73 – 80 % (UNEP 2007)
Recent
estimate: 40 –
50 %
3
Forest Fire
1999 – 2007 huge forest fires broke out
in 2002 and devastated 35,496 ha
6793 Ha (2008)
4
Farming Land
expansion
4 Million Ha (Forest Watch Indonesia
2001)
Deforestation: Main Factors
1. Structural factor (orientation to economic growth
which results to natural resources exploitation,
including forest);
2. Substantive law: overlapping between substantive
laws, multi interpretation of norms in substantive
laws; unclear/overlapping of authority in
administrative agencies
3. Insufficient law enforcement: capacity of law
enforcement officials,, and coordination among
enforcement officials;
4. Legal culture: weak participation & public control to
law enforcement process and forest management.
Deforestation: Law Enforcement Condition
• Between 2008 – 2009: 92 cases of illegal logging had
reached sentencing following appeal: < 1 year (24 cases), 1
– 2 years (19 cases), 3 – 5 years (5 cases), 6 – 10 years (8
cases), > 10 years (0 cases), freed (36 cases), life
imprisonment (0 cases) and death sentence (0 cases).
(Attorney General Office’s Annual report 2008-2009)
• From 205 verdicts from 2005 – 2008, only 17.24%
succeeded in sentencing the mastermind involved.
Meanwhile, 137 (66.83%) were found not guilty, 44
(21.46%) were sentenced to less than one year, 14 (6.83%)
1-2 years, and 10 (4.88%) to more than 2 years. (ICW 2009)
Lesson leaned from Cases
No
1
Cases
Bangkinang Case
(1999)
Substantive Issues
•
•
Forest fire caused by company activity in
Riau, Sumatera (a deliberate action caused
by burning in an area of 2000 acres )
2 years imprisonment for company and its
director (the appeal court: 8 months)
Lessons Learned
•
•
the use of corporate liability
principle
The use of scientific evidence –
involving scientific expert from
the beginning of investigation’s
process
•
The use of evidence that not
previously recognized in the
procedural law (Narrow
interpretation of the provision)
Forest case in Indonesia often
link to corruption case
(problem with using forestry
law or corruption law in
enforcement)
2
DL Sitorus Case (2007)
The use of production forest without permission
and use it for palm oil plantation activity
•
3
Illegal Logging in Riau
(2010)
•
Lack on common understanding in
processing forest & environmental
cases weaken integrated criminal
justice system
•
14 Illegal logging cases in Riau, Sumatera
involving companies
Police decided to stop the investigation
The Role of Judge in handling & Preventing
Deforestation
1. As the guardian of justice:
2. As legal reform agents: overcoming the
overlapping on substantive laws and multiinterpretation of norms through judicial activism
in making decision
3. as a part of south east Asia legal communities,
promotes cooperation in handling deforestation
cases (given the deforestation issues and its
impact has been on of the major international
concern).