'Illegal Logging' Can Ruin Social-Cultural Order
of Mandailing Community
By Edi Nasution
PROLOGUE
Since 2001, efforts to eradicate crimes related to forestry has become a growing issue at the international level. A number of timber-producing countries in Asia, Africa and Latin America are involved in multilateral or bilateral programs with wood-consuming countries to jointly fight crime in the field of forestry. On 13 September 2001, the government of Cambodia, China, Indonesia, Laos, Papua New Guinea, the Philippines and Thailand signed the Bali Ministerial Declaration on Forest Law Enforcement and Regulation (FLEG). This declaration called for urgent action to strengthen national efforts and strengthen bilateral, regional and multilateral in order to address violations of forest law and forest crime (especially illegal logging), associated illegal trade and corruption, and their negative effects the offense to law enforcement.
'Bali Initiative' is then followed by other international initiatives such as: the U.S. President's Initiative on Illegal Logging (February 2002); Letter of Intent Norway - Indonesia (August 2002); Memorandum of Understanding (MoU) China - Indonesia (December 2002); Action Plan for the European Union (EU) for Forest Law Enforcement Settings and Trade (May 2003); Japan - Indonesia MOU (June 2003); African Ministerial Declaration on Forest Law Enforcement and Regulation - Africa FLEG (October 2003); Letter of Intent Chinese - England (May 2004); Typology Workshop Asia Pacific Group (APG) on money laundering in 2004 in Brunei Darussalam. Raise the need for cooperation in bilateral, regional and multilateral cooperation to combat illegal logging departs from the recognition that the prevention and eradication efforts will not be done by only one country.
According to the Ministry of Forestry, in the period 2001-2003 the number of logs smuggled out of Indonesia about 9 million m3. Estimated value of the illegal timber trade was 2.16 billion U.S. dollars, an amount close to the financial assistance provided by the Consultative Group on Indonesia (CGI) to the Government of Indonesia in 2003 and 2004. Approximately 90 % of the profits from illegal logging in Indonesia ends up in a bank account in another country. Advantages of illegal logging operations may be large, but the cost of operation is also very large. The loggers must buy heavy equipment, paying local communities, hire boats, falsified export-import documents, and so forth. Efforts to stop illegal timber trade is not only necessary, even this effort to support efforts to arrest the perpetrators. However, if the international community just simply pressing Indonesia to make a paradigm shift handling of illegal logging, the results are likely to be counter- productive because of illegal logging in Indonesia is basically not just a question of Indonesia alone.
Forest area as one of the natural resources in Indonesia from year to year has degraded due to illegal logging, but the perpetrators face justice difficult. Degraded forest is estimated to have reached 59 million hectares of total forest area of 120 million hectares. In one year, the rate of deforestation of 2.8 ha and if not stopped then in 2015 the whole country's natural forests will become extinct aka destroyed. We know that the dangers posed illegal logging is a natural disaster that would threaten the lives of the next generation. Natural disasters, such as floods, landslides kekeringaan and will always haunt us if illegal logging is not stopped, even as a result of damaged forests today means we are preparing for long-term poverty in Indonasia. Indonesia's forest area is degraded reach 59 million hectares, while our ability to rehabilitate only 600 thousand hectares every year. This means for the re-greening the entire forest is already damaged it took 120 years, it can be achieved with a note that existing forests are not destroyed again this time.
WAR ON ILLEGAL LOGGING
Indeed, many efforts have been taken by the government of Indonesia. Our society put great hope in the fight against illegal logging (illegal logging) since M.S. Kaban, Minister of Forestry of Indonesia was elected as. Many feel awe toward the minister emphatically declared war against illegal logging. Minister of Forestry policies have to grip the illegal loggers, in addition to direct review and make an agreement to combat illegal logging in many areas, the Minister of Forestry also submitted several names to President Susilo Bambang Yudhoyono (SBY), ie people who allegedly illegal logging practices in Indonesia. In this case, the Government realized that if damaged forests mean to prepare a long-term poverty. Therefore, the government issued 'Indonesian Presidential Instruction' ('Inpres') No. 4 Year 2005 on combating illegal logging in forest areas and circulation throughout Indonesia. Instruction is a legal basis to prevent and combat illegal logging. Even the President has asked relevant agencies such as the Police Chief (Kapolri), Attorney General, Head of state Intelligence Agency (Head of BIN), Minister of Forestry, the Governor, and the Mayor/Regent in Indonesia to follow this instruction to his staff down. In addition, the government also have included prevention and eradication of illegal logging practices in 36 important agenda to be completed before 2009. In connection with the large-scale operation involving various related elements held as in Papua, Kalimantan and Sumatra, but illegal loggers seems still difficult snared by applicable law. Though there is a legal basis to take that Law No. 41 Year 1999 on Forestry.
In this reform era, local government has the authority sizable included in the utilization of forest resources. To cut trees in the forest can entrepreneurs use permit issued by the local government. But since early 2002, based on national forestry legislation, the Local Government can no longer be issuing forest use permits and must report the annual production plan of timber companies in their respective regions to the Department of Forestry. Based on the studies that have been conducted by a team of experts from the Institute of Agriculture (IPB) note that state losses due to illegal logging in the district is quite large Madina (Mandailing-Natal) district. The magnitude of the losses suffered by the state due to degradation of natural forests is fatal with signs of logging and land clearing in the field. For the recovery takes a considerable cost. Although there may be funds to do the recovery, but due to destruction of natural forests in the Madina District, it seems impossible to be restored to normal, because the natural forest ecosystems, according to the experts, is formed from the climax vegetation succession over millions of years.
In the context of illegal logging in Madina, not a few members of the community or non-governmental organizations (NGOs) which mentions that the Government's policy on illegal logging is a "policy of selective logging", arguably even impressed "half-hearted". In other words, the actor was arrested but petty capitalists and intellectual actor still swing freely. The consequences of not seiramanya law enforcement officers in an effort to punish the perpetrators of illegal logging, encourages demonstrating various elements of society such as the Student element incorporated in KAIL-SU (Committee Against Illegal Logging North Sumatra), GEMASU Central Board (Student Movement of North Sumatra), PEMA USU, Imatapsel USU, PP GEMA Padang Lawas and BM PAN Medan City Council on December 31, 2006 to 'KEJATISU' (Prosecutor North Sumatra) and North Sumatra High Court against a decision made between Madina District Court against a person suspected of illegal loggers. In addition to conducting demonstrations, some elements of the students and youths in the field make a statement, among others, urged Attorney Sumatra to seize assets/property perpetrators responsible for illegal logging and reforestation of degraded forest, and urged the government to undertake a moratorium (suspension logging) both legal and illegal.
EMPOWER LOCAL WISDOM
Generally in arkhais society, including Mandailing ancestors in the past, they see water as something 'sacred' because water is the source and origin of all existence of life . That is why the story of water in Mandailing an integral part of the world myths and realities of their peoples. As people have the surname Lubis saga know well Namora Pande Bosi ancestors who counseled his son Silangkitang and Sibaitang, when they had to leave the Hatongga village, in order to open up the Batang Gadis river new resettlement sites. With the advice of his parents, Namora Pande Bosi derivatives are then established a new settlement at a place called Muara Patontang. In that place and Aek Singengu and Aek Singangir equally geared to Batang Gadis river but from opposite directions. This place, according to one version Mandailing folklore, then they called Huta Panopaan, which subsequently became Huta Nopan and Kotanopan latter. Until now the Mandailing always established settlements close to water sources, whether it's a river (rods), creeks ('aek'), or a branch of the river ('rura'), even springs ('mual'). The names of many river or estuary even be used as a reference the name of the settlement in Mandailing, among others, for example Muara Pungkut, Muara Siambak, Muara Mais and Muara Soro in Mandailing Julu (Upper Mandailing) region.
For the Mandailing, the presence of water and tributary rivers that surround them multipurpose role, namely as drinking water and toilets, irrigate agricultural land, socio-cultural support functions (eg in the Patuaekkon Boru rites), religious (supporting the implementation of worship), and economics (search for gold-called 'manggore', fish, building materials such as sand, gravel and stone). In the old beliefs, the Mandailing people also recognize certain places around the forest and water sources called "na borgo-borgo" (places that are cool and subtle creatures inhabited), who consciously or unconsciously implies conservation of resources-springs. In other words, for the water Mandailing a "fountain of life" which also was entangled with social institutions, cultural, economic and ecological. Because so many people Mandailing interest to water resources, especially those that are already flowing into streams and rivers, then when Rura Mandailing tano ecosystem disrupted as a result of illegal logging (illegal logging), for example, in turn, will undermine the socio-cultural fabric of Mandailing society itself.
APPLICATION 'AML REGIME' APPROACH
To further streamline the eradication of illegal logging practices in Indonesia, approach to anti-money laundering regime (AML Regime) as a new paradigm in the treatment of 'serious crime' or also called 'extraordinary crime' can be utilized. By using this new paradigm is expected to eradicate crime is more focused on the pursuit of proceeds of crime through the method of detection and tracing the flow of funds (follow the money method) from the proceeds of crime. Approach to AML Regime is follow the money in the handling of cases of extraordinary crime recognized in many countries more promising than pursuing success perpetrator alone, which usually have the power to fight back in various ways.
AML Regime approach was first introduced by the United Nations (UN) in 1988 with the ratification of the Vienna Convention on the illicit trade in narcotics and psychotropic substances. In this connection, it is a popular term money laundering or money laundering can be interpreted as an attempt to conceal and disguise the origin of assets derived from criminal acts so as if the assets were derived from legitimate activities. Efforts to keep or conceal it done in a way to distance between actors with wealth the proceeds of crime. For example, an illegal loggers easily save wild harvested in foreign banks by utilizing banking services (wire transfer), which operates 24 hours a day.
Approach to AML Regime trying to track assets derived from criminal acts, then reconstructed from where the treasure was and what a criminal act that gave birth to such property based on 'suspicious transaction reports' which must be submitted by any financial service providers (FSPs) and non-bank financial institutions to the Financial Transaction Reports and Analysis Center (INTRAC/PPATK) in Indonesia. Methods and techniques of analysis such as this, which follow the money methods, are generally more effective and efficient when compared to conventional approaches ('follow the suspect') who only pursue criminals alone. Because 'proceeds of crime' itself is the weakest link of a series of criminal acts, then the pursuit of proceeds of crime means fighting the 'blood' that keeps crime (lifeblood of the crime). In short this approach can be done from downstream to upstream, so that all parties involved in the extraordinary crime can be detected. Thus the AML Regime approach, in terms of usefulness noticeably fairer and ensure legal certainty itself.
In Indonesia, anti-money laundering (AML) can be derived from a variety of criminal acts (predicate crimes). Article 2 paragraph (1) AML Law stipulates that the proceeds of crime is Wealth obtained from a criminal offense: (i) corruption, (ii) bribery, (iii) the smuggling of goods, (iv) labor trafficking, (v) smuggling immigrants, (vi) in the banking sector, (vii) in the capital market, (viii) in the field of insurance, (ix) narcotics; (x) psychotropic, (xi) human trafficking, (xii) illicit arms trafficking, (xiii) abduction, (xiv) terrorism, (xv) theft, (xvi) embezzlement, (xvii) fraud, (xviii) currency counterfeiting, (xix) gambling, (xx) prostitution, (xxi) in the field of taxation, (xxii) in the field of forestry, (xxiii) in the environmental field, (xxiv) in the marine field, or (xxv) other offenses punishable by imprisonment of four (4 ) years or more; committed in the territory of the Republic of Indonesia or outside the territory of the Republic of Indonesia and the offense is also a crime under Indonesian law.
In the AML Law, there are two kinds of AML, ie active and passive. AML actively set out in Article 3, for example, the act of placing, transferring, paying or spend, donate, entrust exchange assets that are known or reasonably suspected to be the proceeds of crime. While AML passive set forth in Article 6, for example, receive or control the placement, transfer, payment, receive or control the placement, transfer payments, grants, donations, care or exchange of assets derived from crime. Thus active and passive actors may be liable, for example, people who receive donations from corruption. Both types of AML are threatened with the same punishment, ie a minimum imprisonment of 5 years and a maximum of 15 years plus a minimum fine of one hundred million dollars and not more than 15 billion dollars.
EPILOGUE
AML can be done by criminal origin or others. In the case of money laundering committed by criminal origin called self laundering, for example, illegal loggers who hide and disguise the proceeds of crime by means of utilizing a wide range of banking facilities. Self laundering in Indonesia can be imprisoned. Under the AML Law, to initiate investigations and money laundering investigation is not necessary to prove the crime of first origin. The regulation in AML is similar to fencing criminal offense provided for in Article 480 of the Criminal Code, due to launch criminal investigations fencing is not necessary to prove the crime of theft or other criminal acts which gave birth to the fenced goods.
We hope that hopefully with the Law on Money Laundering (Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering), the practice of illegal logging as a predicate offense (predicate crimes) of AML can be prevented and eradicated on earth persada that we love, including Tano Sere (Mandailing) in Sumatra Island.
We all probably agree, that the crack (punish) any offenders is important. However, the real action is far more important is how the efforts and means (strategies and steps) we are to prevent crime. Creating a policy to prevent the occurrence of crime (crime prevention) is considered more civilized. Such experts in the field of disease and treatment, that "preventing disease is better than cure" because they cost less and are also relatively easy to handle.
Gandoang. March 19, 2014
~o0o~
REFERENCE
• Bambang
Setiono & Yunus Husein, CIFOR Occasional Paper No. 44 (1), 2005.
• Harian Global,
Thursday 18 January 2007.
• Hary Susanto,
Mitos Menurut Pemikiran Mircea Aliade, Yogyakarta: Kanisius, 1987.
• Kepala
Kepolisian Daerah Sumatra Utara 2004, “Penegakan hukum dan Penerapan UU Tindak
Pidana Pencucian Uang”, Makalah pada Seminar Pengimplementasian Hukum Anti
Pencucian Uang untuk Mengurangi Kejahatan Kehutanan. Medan, 6 Mei 2004.
• Harian Kompas, 3
Agustus 2004.
• Malik Assalih
Harahap, ST, “Hutan Hancur - Bencana Alam Mengancam”, Harian Waspada Online, 28 Maret
2007.
• Undang-Undang RI No. 15 Tahun 2002 tentang Tindak Pidana Pencucian Uang sebagaimana telah diubah
dengan Undang-undang No. 25 Tahun 2003.
• Waspada
Online, “Ketika Pengadilan Menjadi Surga Bagi Cukong Kayu ”, 1 Mei 2007.
• Yunus Husein,
“Strategi Memberantas Pembalak Liar”, Fi-Crime, Financial Crime Report
Magazine, Edisi ke-2, November 2006.
• Zulkifli B. Lubis,
“Membangun Kebersamaan Untuk Memelihara Mata Air Kehidupan”, http://www.mandailing.org/
Tidak ada komentar:
Posting Komentar