CRIMINAL OFFENSES FOR CORPORATIONS COMMITTING CRIMES IN THE FORESTRY SECTOR
By: Timer Manurung
Jakarta - The Coalition Against Forest Mafia and WWF Indonesia have launchedan agenda to push for the criminalization of corporations that commit crimes in the forestry sector. This was revealed in today's media briefing titled Corporate Crimes in the Forestry Sectorwhich was held at Warung Daun, December 5, 2013 with speakers Dr. Togu Manurung (IPB), Josie Khatarina (UKP4), and Deddy Ratih (WALHI).
The Coalition Against Forest Mafia, which consists of various non-governmental organizations, such as ICW, Walhi, Silvagama, and others, as well as WWF Indonesia, sees that until now corporations in the forestry sector are very free to destroy forests without being held legally accountable. even if prosecuted, only the management is convicted, while the corporation itself continues to operate freely.
This can be seen in the corruption case of HTI issuance with convict Azmun Jafar in Pelalawan Regency Riau, where it was proven in court that there was a criminal act of corruption involving at least 16 companies. However, all of these companies are still freely operating until now, without any sanctions, let alone criminal penalties for the companies. In addition to continuing to operate freely, some of these companies were even granted sustainable management certificates by the Ministry of Forestry.
"Eradicating corporate crime in the forestry sector is very important and relevant. Corporations in the forestry sector not only take advantage of legal loopholes, but even crash the law itself. This is possible because of the collaboration between corporations and government officials," said Togu Manurung. He explained the mode of HPH / HTI destroying forests which then often convert them into plantations.
Josie Khatarina from UKP4 reminded that a corporation in the Indonesian legal system is an organized collection of people and or wealth, whether a legal entity or not. She explained the provisions regarding corporations in various laws and regulations. However, due to the habit of law enforcers who see cases sectorally and compartmentalized, a more comprehensive approach is needed. That is what UKP4 encourages through a multidoor approach.
Corporate crimes in the forestry sector result in extraordinary environmental impacts, causing large state losses, and serious social impacts, such as the emergence of conflicts. "Clearly, corporate crime causes systematic and widespread impacts, so it can be categorized as an extraordinary crime (extra ordinary crime)," concluded Deddy Ratih.
Syahrul Fitra, representing the Anti Forest Mafia Coalition, said that this first media briefing will be followed by a series of other activities, such as a series of media briefings on evolving topics and expert discussions to draft a legal opinion on the criminal liability of forestry corporations in the Indonesian legal system. The Coalition will also select one specific case and develop it into a legal case that will be filed with the KPK in February 2014. Following the complaint, the Coalition will monitor law enforcement.