Author: Fathi Hanif - Natural Resources Law and Policy Practitioner

Amid the rampant forest fires and haze that enveloped parts of Sumatra and Kalimantan, the public was shocked by the news of the death of a Sumatran elephant named Yongki. Yongki was found dead with both tusks missing on Friday, September 18 at around 07:30 am. The location of the elephant's death was about 300 meters behind the Pemerihan Resort Post, SPTN Region II Bengkunat, West Pesisir Regency, a division of West Lampung Regency, within the Bukit Barisan Selatan National Park forest area.

The death of Elephant Yongki is certainly surprising, if previously the news of the death of Sumatran elephants occurred in wild elephants that are still alive in the forest area of Sumatra. This time, the death happened to a tame elephant that had helped the government (BBS National Park center) in securing the forest from wild elephant disturbances and mitigating conflicts in residential areas around the national park area.

This incident has at least two things that need to be observed. First,the government's lack of attention and respect for protected animals. Second, the weak efforts to protect and enforce protected wildlife laws.

Lack of government appreciation

In an effort to secure conservation forest areas from encroachment, illegal logging and poaching of protected wildlife in some Sumatran conservation forest areas since the last decade, a security model has been developed using Sumatran Elephants as part of the security team. This model can be seen in the Teso Nillo National Park in Riau and Bukit Barisan Selatan National Park in Lampung, which was initiated by the Balai TN / BKSDA with a non-governmental conservation organization (WWF Indonesia).

Sumatran elephants that were previously wild are then given special training to be able to carry out security patrol activities in the national park area. These elephants perform their duties with a mammoth / elephant handler, and work in small groups (2-3 elephants).

From the information obtained by the author, although they are tasked with helping the main task of government agencies, namely securing conservation areas, they receive very little appreciation and appreciation from government agencies. Such as in terms of employment status and honorarium of handlers, food and health needs of elephants. This security team unit can carry out field activities because of the support of non-governmental organizations.

The death of Yongki, which is 300 m from the resort office, raises a lot of questions such as how the supervision is carried out by officers at night, what is the condition of the elephant cage, what is the level of security of elephants from disturbances by other animals or humans.

If only the attention and appreciation of officials at the central and field levels were very high, surely the elephant Yongki and his handler who have helped a lot to carry out security tasks are treated very special and 'humane'. So that it can be avoided from dangerous actions to death.

Law enforcement efforts

Yongki's death adds to the homework of law enforcement officials and the ministry of environment and forestry to resolve cases of elephant deaths (with ivory loss) as well as other protected species such as tigers and orangutans.

In the last three years alone, there have been no less than 22 cases of elephant deaths in the Sumatran region and less than half of them were completed in the legal process. Even if it reaches the trial process, the court only decides on a sentence of months to a year. This condition does not create a deterrent effect in the community.

The seriousness of the authorities in solving the case of Yongki's death is awaited by the community, which has made support for the completion of this case through social media. Like the high support in the yellow-crested cockatoo case in May 2015 ago.

The investigation process in this case is certainly not only directed at outsiders who are suspected of poisoning and taking ivory, but also needs to target the center's officers and leaders. This is because Yongki's death could have occurred due to the negligence of officers in supervising and or enforcing the elephant when resting at night.

It is also hoped that this elephant death case will not stop at legal sanctions against the perpetrators. It is also hoped that the case will not stop at legal sanctions against the perpetrators of the elephant's murder, but will reveal who took the tusks. This is important to do, because almost all cases of elephant death in forest areas are missing the tusks. Then law enforcement officials are unable to reveal where the tusks were taken. And who is responsible for the loss of the ivory.

Article 21 paragraph 2 letter a of Law No.5 of 1990 concerning the conservation of biodiversity and its ecosystems states that every person is prohibited from capturing, injuring, killing, storing, owning, maintaining, transporting, and trading protected animals alive. While in letter b- it is stated that every person is prohibited from trading, storing or possessing the skin, body, or other parts of protected animals or items made from these parts or removing them from a place in Indonesia to another place inside or outside Indonesia.

Intentional violation of the above provisions shall be punished with imprisonment for a maximum of 5 (five) years and a maximum fine of Rp. 100,000,000.00 (one hundred million rupiah). Meanwhile, if it is done unintentionally / negligently, it will be punished with a maximum imprisonment of 1 (one) year and a maximum fine of Rp. 50,000,000.00 (fifty million rupiah).

Therefore, in the case of the death of Yongki elephant, the party who has been negligent in performing their duties and the party who has deliberately 'poisoned' until the death of the elephant can be punished according to the applicable provisions.

Now we are waiting for the seriousness of law enforcement officials and the Ministry of Environment and Forestry to thoroughly uncover this case and prosecute those responsible.

This is important to provide a deterrent effect to the perpetrators, and avoid the unnatural deaths of other elephants - yongki's friends.