(Jakarta, 7 May 2015) Last end of the month, public‘s sense of justice was disturbed when Asyani (63) in Situbondo was found guilty by Situbondo District Court on the charge of theft to Perhutani’s timber. The Council of Judges seconded the Prosecutor’s indictment, that Asyani was found guilty of violating Article 12d juncto Article 83 point 1a Law Number 18 of 2013 regarding the Prevention and Eradication of Forest Destruction (UU P3H).
Not just Asyani, since the issuance of UU P3H, currently there has been 53 (fifty three) citizens charged in the court. Then, 43 (forty three) of them had been convicted with an average of punishment up to 18 months in prison. Perceiving from the professional background of the convicts, all are individual, consisting of: 7 labours, 26 farmers, 1 broker, 9 drivers, 8 private employees, 1 sill maker, 1 sailor. From the whole aforementioned cases, the criminalization percentage toward farmers reached 43%
The problem is, there is not a single corporation has been managed to be caught by UU P3H. the organized crime which is the target of UU P3H does not seem to be apparent within all of those tried cases. Whereas UU P3H was mainly issued to charge organized crimes in forestry.
The criminalization rate toward farmer, society, and other individual will keep on growing, considering the majority of indigenous people live next to or within forest region, especially the custom laws community. Wherein one of the articles in UU P3H, prohibits all people to bring tools which are suspected to be utilized to cut trees, for the perpetrator, he/she will be charged pursuant to the regulation within UU P3H.
Currently, instead of reevaluating the existence of UU P3H, the government is busy formulating the P3H Institution, as is mandated by Article 54 jo. Article 111 UU P3H which obliges the establishment of P3H Institution within 2 (two) years after UU P3H takes into effect. Factual consideration should have been the rationale that P3H Institution is no longer relevant to discuss, since UU P3H has been proven to be failed, even normatively contradicts the Constitution.
The situation is getting worse, the existence of this P3H Institution has ‘strong propensity’ of belittling the role of Corruption Eradication Commission (KPK). Whilst in fact, currently KPK is intensively preventing and executing corruptors in the field of natural resources, especially forestry. If P3H Institution is to be established, then it is worried that the corruption eradication effort made by KPK will be stalled, since it is very possible that forest destruction related cases will be transferred its investigation process to P3H Institution. Such thing will also deteriorate the conflict between law enforcement apparatus. Furthermore, if this is to be related with Jokowi’s government policy which dissolves 10 Non-Structural State Institutions through Presidential Regulation No. 176 of 2014, President considered that the existence of the said institutions, functionally, were already existed within other institutions (such as Ministries, the Police, Public Prosecutor’s Office and KPK), not to mention the urge of complying to budget efficiency. Therefore. Reflecting upon those rationales, it is reasonable to review the existence of this P3H Institution, especially in conjunction with the effectivity of such institution.
In line with that, the Advocacy Team of the Anti Forest-Mafia Coalition, representing farmers, indigenous people and civil society organization, on last September 2014 has filed a constitutionality review of UU P3H to the Constitutional Court. Upon this request, the Constitutional Court has conducted a series of proceedings, yet until this day, has not decided the merit of such case, therefore inducing the criminaliztion rate of farmer and people living near forest area.
From the aforementioned circumstances, we, the Anti Forest-Mafia Coalition recommend and urge:
- The Government to cease the discussion on the establishment of P3H Institution before the release of Constitutional Court Judgment regarding the constitutionality review of UU P3H;
- The Constitutional Court of the Republic of Indonesia to immediately terminate UU P3H;
- National Police and the Ministry of Environment and Forestry to request their investigators ti cease any criminalization toward the people, as it potentially will halt the process to achieve 12,7 Million hectare of Forest for People as programmed by President Jokowi
Jakarta, 7 May 2015
ANTI FOREST-MAFIA COALITION
WALHI, PIL-Net, ICW, AMAN, Sawit Watch, KPA, HuMa, AURIGA, Epistema, Yayasan Pusaka, ELSAM, Konsorsium Pembaharuan Agraria, Greenpeace Indonesia, Institute ECOSOC, FITRA.
Muhnur Satyahaprabu (WALHI) 081326436437
Andi Muttaqien (PIL-Net) 08121996984
Syahrul Fitra (Auriga) 08116611340