Environmental Crime

Basuki Wasis (third from left, holding a mic), an environmental expert from the Bogor Institute of Agriculture (IPB), speaks during a press conference at the Indonesian Legal Aid Institute (YLBHI)’s office in Jakarta. Photo courtesy of YLBHI.

Basuki Wasis, an environmental expert whose testimony helped convict a provincial governor of abuse of power, now faces a lawsuit brought by the latter for alleged inaccuracies in his calculations of environmental damage.
The lawsuit against Basuki is similar to one he faced last year from a palm oil company that was fined for setting fires on its concession. The earlier lawsuit was dropped, but the company now appears to be targeting another expert witness who testified against it.
The litigation has sparked concerns among environmental experts and activists alike, who fear it will have a silencing effect and allow environmental crimes to go unpunished.
They also worry that without financial assessments of damages caused to the environment, prosecutors trying corruption cases in the natural resources sector will not be able to push for longer prison sentences and heavier fines.

JAKARTA — Environmental experts and activists are closely watching a lawsuit filed against an academic whose testimony helped convict a governor on corruption charges, in a case many fear could set a worrying precedent.

Basuki Wasis, an expert on environmental degradation from the Bogor Institute of Agriculture (IPB), has testified in more than 200 cases involving environmental crimes such as forest fires and pollution.

On Feb. 14 this year, he testified as a prosecution witness against Nur Alam, the suspended governor of Southeast Sulawesi, who was charged with abuse of power in the issuance of mining licenses. Basuki told the court that the illegal mining activities by one of the companies that received a permit from Alam had led to deforestation and resulted in 2.7 trillion rupiah ($196 million) in combined ecological losses, environmental economic losses, and the cost of repairing the damage.

On March 12, Alam’s lawyers filed a lawsuit against Basuki, questioning the accuracy of his calculations and his credibility. (Alam was convicted on March 28; he was sentenced to 12 years in prison and ordered to pay fines and damages totaling 3.7 billion rupiah, or $268,000.)

The fire from the oil spill in Balikpapan Bay, East Kalimantan Province. Photo courtesy of the Indonesian Forum for the Environment (Walhi) Balikpapan.

Indonesian lawmakers aim to pass a long-awaited revision of the country’s Criminal Code this month, but already the draft has been widely criticized for rolling back personal freedoms and human rights.
Activists say it also threatens to gut existing legislation on environmental protection, effectively going easy on polluters and other environmental violators.
Problems identified include raising the bar for proving an environmental offense; more lenient sentencing prescriptions; and failing to hold the responsible parties accountable for environmental crimes.

JAKARTA — A highly contentious set of revisions to Indonesia’s Criminal Code threatens to undermine the fight against environmental offenders and polluters, activists warn.

Deliberations on the new draft are in the final stage in parliament, in what proponents are calling a much-needed overhaul and reform of a penal code inherited from Dutch colonial rule more than 70 years ago.

Already the bill has drawn intense criticism for new provisions that, if passed as expected in April, would criminalize consensual non-marital sex, outlaw the promotion of contraceptives, and make it illegal to insult the president or religious leaders, among other points.

But overshadowed by the furor over the looming rollback of personal freedoms and human rights are provisions that appear to weaken existing enforcement articles under the 2009 Environmental Protection Law.

“When we studied the draft, we found out that it’ll heavily affect existing environmental law enforcement and there are going to be many things that can’t be enforced,” said Raynaldo Sembiring, a researcher with the Indonesian Center for Environmental Law (ICEL).

“While the current law still has some weaknesses, those weaknesses will be amplified further in the new Criminal Code.”

These include making it more difficult to prove an environmental crime has taken place, watering down sentences for environmental violations, and a persistent failure to apportion accountability for these crimes.

ICEL

Environmental Defenders Fear Backlash as Defendant Sues Expert Over Testimony

Activists Fear for Environmental Protection Under Indonesia’s Revised Criminal Code

Indonesian lawmakers aim to pass a long-awaited revision of the country’s Criminal Code this month, but already the draft has been widely criticized for rolling back personal freedoms and human rights.

Activists say it also threatens to gut existing legislation on environmental protection, effectively going easy on polluters and other environmental violators.

Problems identified include raising the bar for proving an environmental offense; more lenient sentencing prescriptions; and failing to hold the responsible parties accountable for environmental crimes.