Wildlife Crimes Unit

I. Level of Criminal

Based on Indonesian Act No.5 year 1990 about Natural Resources Conservation and Ecosystem, people is prohibited to poaching, injuring, killing, trading, transporting, and keeping Indonesian protected wildlife. It mean that hunter, trader, buyer, and keeper is considered as wildlife criminal and will be threaten by maximum 5 year prison and IDR 100 millions fines.

But, the implementation of that act is not simple like mentioned on Article No 21. Since 2003, Wildlife Crimes Unit under WCS-Indonesia Program with Ministry of Forestry and police supported more than 150 times confiscations related illegal wildlife keeping in Lampung Province and 55 operations to arrest illegal hunters, traders, and middleman in Sumatra, Java, and Kalimantan. Number of prosecution from illegal hunters, traders, and middleman reached 61% since 2008-mid 2010. Unfortunately, there is no prosecution (0%) for illegal wildlife keeping, include orangutan. Those number showed that very difficult to prosecute protected wildlife keeper in Indonesia, even in Article No.21 was clearly declared that protected wildlife keeper has similar level with hunter and trader. The fact, law apparatus considering that illegal keeper is not a serious criminal. However, carried out animal confiscation without legal process of keeper is become safe choice for illegal keeper. This is not best option to give deterrent effect for illegal keeper and conservation morale to people.

The situation is different with case of wildlife hunter, trader, and middleman. Orangutan cases in Pontianak (June 21, 2010) and Pangkalan Bun (July 10, 2010) are good lesson learn for orangutan law enforcement. Rapid Response Forest Ranger (SPORC) and civil investigator showed impressive works to arrest illegal orangutan traders and continue the case into legal materials. Trader is important chain in wildlife trafficking, connecting poachers to buyer. If law enforcement on illegal keeper stag on the problem above, focusing law enforcement to orangutan trader and middleman are important priority to reduce orangutan trafficking in Kalimantan.

2. Strengthening Civil Investigator

Limited authority of civil investigator (PPNS) to arrest and frisk wildlife offender (as not clearly mentioned on Indonesian Act No 5. Year 1990) is source of conflict with court on legal materials process. The judge argued that arrest and frisk wildlife criminal are not under civil investigator authority, but police. The court often hold letter of confiscation issued if they proven that civil investigator arrest and frisk suspect without police assistance. Sometimes in very difficult situation (time, risk of leaking, or criminal movement in sting operation), contacted police to assist civil investigator on operation is time consuming and loss of the moment. This problem is solved mostly in Sumatra region and Java because civil investigator, police, prosecutor, and judge have same perception and commitment on forest crimeissue and believe that regulation weakness will be covered by good coordination. Information sharing between civil investigator from Sumatra and Java to Kalimantan and other place is brilliant approached to learn each other about develop sting operation, how to deal with police, prosecutor and regulation weakness. However, national consensus between Ministry of Forestry, National Police, and Ministry of Justice to strengthening civil investigator authority is urgent.

II. Revise GR No. 7 year 1999

List of protected species appendix on Government Regulation (GR) No 7 year 1990 is like time bomb for wildlife conservation. For example, expired list of orangutan species and error typing/identification of Indonesian elephant (Elephas maximus sumatranus) will be strongly influent law enforcement process. GR No. 7 year 1990 just listed Pongo pygmaeus, it is means that 6,667 individuals of Critically Endangered Pongo abelii are not protected under Indonesian regulation. Elephas indicus is Indian Elephant, sub-species of Asian Elephant which is dispersed in India area. Indian Elephant and Sumatran Elephant is different sub-species. The Sumatran Elephant hunter for valuable ivory and Sumatran Orangutan trader will be released when they can prove to civil investigator or judge that they are not guilty, because they poaching non-protected Indonesian animals. This weakness will be used for wildlife criminals against civil investigator on legal material preparation. However, revision on GR No. 7 year 1990 is strongly recommended to solve this problem. (dna)