Policy and Law Institute for Good Governance
PRESS RELEASE—Friday, 7 November 2008
New Policy Threatens Wildlife
The Director General of Centre for Nature Conservation Forest, Darori says a surprising statement:
anyone with Rp 1 billion (equivalent to USD 91,000) bail will be allowed to possess rare animals
under the auspices of the state. Darori even mentions the Sumatran tigers of which population
reaches only 300 as an example. “The idea is absurd because we all know that Indonesians having
more than Rp 1 billion of wealth outnumber the population of Sumatran tigers.”, says Herovan
Alfin, a legal expert at the Policy and Law Institute for Good Governance (Poligg).
The statement is not supposed to come from a state official and “it is clearly a violation to Article 21
(2) and 40 (2) of the Law No. 5 of 1990 on Natural Resources Conservation and its Ecosystem,
Government Decree No. 7 of 1999 on Animal and Plant Species Preservation, as well as Government
Decree No. 8 of 1999 on Wildlife Utilization”, exclaims Luvianto, a legal analyst at the Ministry of
Marine Affairs and Fisheries.
This statement will also lead to incitement to commit crime, particularly wildlife crime. “This act
will be categorized as crime not only in the Law No. 5 of 1990, but also in the Criminal Code,” adds
Luvi who also sits in the executive board of
Poligg
. Article 55 of the Penal Code stipulates that
anyone who incites others to commit, is involved in, and recommends others to commit crime,
including wildlife crime, shall be punishable.
The 1945 Constitution also stipulates that nature’s riches, including wildlife do not belong to the
government, let alone a government officer. They should be protected by the state and the
government is held liable to protect and conserve wildlife for the sake of the people. Hero, who also
serves in
Poligg
’s
executive board expresses his concern, “people want to see wildlife in their
natural habitat and not in the hand of a bunch of rich individuals!” He further says that if the
government faces financial problem in wildlife monitoring, they can simply raise donations from
wealthy people or institutions. The government can reward the donors with tax incentive packages.
Khariansyah Salman, one of
Poligg
’s advisors explains that this policy may create new form of
corruption in the forestry sector. “It will open a channel of illegal funds to the forestry officials”,
affirms Khairiansyah who was known to public as the whistle‐blower of the grand corruption in the
Election Commission (KPU). According to this Transparency International awardee, the
perpetrators will benefit from this new regulation by forging the ownership documents.
__________________________________________________
Policy and Law Institute for Good Governance
Perkantoran Mitra Matraman, Blok B‐18
Jln. Matraman Raya no. 148, Kebon Manggis, Matraman
Jakarta 13150
Tel. +62.21.9318 6621, +62.21.9509 2800, +62.812 9597 988
CP: Fajri and Hero
Email poligg_mail@yahoo.co.uk