Current stattus of laws in Indonesia Chatam House, March 2006.

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Presentation transcript:

Current stattus of laws in Indonesia Chatam House, March 2006

Law Enforcement Progress in Indonesia At the time being, Government of Indonesia was doing some of action to curb illegal logging and illegal trade as well as preparing the new draft of the new regulation and revising the previous forestry act.

Policies The Revision of Act Number 41/1999 on Forestry On this year, it will be planed on the schedule the discussion in order to revise the Forestry Act (UU no 41/1999), although the articles to be revised is not informed yet. Illegal Logging Draft on Curbing Illegal Logging and Its Illegal Trade On this year, also Government of Indonesia was already sending the proposal to the Parliement on the draft of Action for Combating Illegal Logging Act. The first draft which was being provided by the Government adopted from the previous draft of ‘Perpu’ which being prepared by the Ministry of Forestry.

President Instruction Number 4/2005 The President of Republic of Indonesia issued an instruction on March 18, The instruction (Inpres) No. 4/2005 speaks about combatting illegal logging that involve 18 institutions under the coordination of Coordinating Minister of Politics, Law and Security; its including Attorney General, Head of Indonesian National Police, and TNI (Indonesia National Army) Commander. The instruction also order to Governors /Head of Municipal to form Team eradication Illegal Logging which is Multi sector members in their province/city/regency, and also peculiarly to conduct review to Local Government Regulation which oppose against this.

Act Number 25/2003 on Anti Money Laundering Under the Indonesian Anti Money Laundering Law, it has been included forestry and environmental sectors as predicate crime. Act Number 19/2001 on Anti Corruption Although the act is not directly related to the forest, on the implementation this act was being used to tackle the illegal logging cases.

Action Enforcement Operation on illegal loging Law enforcement Operation called ‘Operasi Hutan Lestari II’ took place in Papua during period of March- June 2005 was being succeed to confiscate m3 illegal logs and m3 illegal woods, as well as seizing heavy transportation equipment such as trucks and excavators. That operation also confiscated 107 people from 190 cases (it is included some foreigner).

Anti Money Laundring In forestry sector, there were 14 cases which being handled by Indonesia Financial Intelegence Unit (FIU), but at the same time only 1 case related with the financial crime to be followed by the attorney office by using the Anti Money Laundry Act. Portrait of Cases Physically violence which happen almost on the forest crime issues, also being affected to the local people who live inside and surround the forest as well as NGOs and activists who are trying to monitor the forest crime activities. The violence actors are not only carried out by government officer, but also by the civil militia which had been paid by the timber baron.