Legal observers and environmental activists question the low sentences given by judges to illegal timber corporations and bosses in Muaro Jambi, Jambi. Public prosecutors are encouraged to appeal the judge’s decision.
Oleh
IRMA TAMBUNAN
14 Maret 2020
JAMBI, KOMPAS – Legal observers and environmental activists question the low sentences given by judges to corporations and illegal timber bosses in Muaro Jambi, Jambi. Public prosecutors are encouraged to appeal the judge’s decision.
Professor of the Faculty of Forestry of the Bogor Agricultural University Bambang Hero Saharjo questioned the article used by the public prosecutor to punish the perpetrators with minimal impact on the judge’s verdict. In accordance with Article 83 Paragraph (4) letter b juncto Article 109 of Law Number 18 Year 2013 concerning Prevention and Eradication of Forest Destruction, the only punishment that can be given to corporations is a fine. “Why only Article 83 Paragraph (4) letter b is used?” he said, Saturday
In fact, he continued, there are still other articles that can be used to provide heavier penalties so as to provide a deterrent effect for the perpetrators.
As is known, last Thursday, the Panel of Judges of the Sengeti District Court, Muaro Jambi Regency, imposed a fine sentence of Rp 5.2 billion without confinement to PT Tegar Nusantara Indah (TNI) represented by Ripin. The judge called the defendant legally proven and convincingly guilty of violating Article 83 Paragraph (4) letter b jo Article 109 of Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction. Upon the decision, the prosecutor expressed his thoughts.
The case arose when Ripin was arrested at his home in Jambi, October 2019. His arrest was related to the finding of transporting illegal wood products that began with the capture of an illegal timber transport driver who was supplying PT Tegar Nusantara Indah (TNI), Ripin’s company.
Ripin is also known as the holder of a PT PBP forest concession which is the location of the illegal logging. Officials find Ripin as the mastermind of all illegal timber activities.
In the search, Kompas found that there was a change in article from the investigation to prosecution. In investigations, the article used to ensnare the perpetrators is Article 88. With this article, illegal timber mastermind can be sentenced not only fines, but also confinement.
The two types of criminal sanctions that will be imposed on the perpetrators are jails for a minimum of 5 years and a maximum of 15 years and a fine of at least IDR 5 billion and a maximum of IDR 15 billion.
In a search on the Sengeti District Court’s Case Tracking Information System page, the sentence was the same as the content of the demands of the public prosecutor. In the lawsuit read out at the February 27, 2020 hearing, the prosecutor stated that the defendant PT TNI represented by Ripin was proven guilty of “transporting, controlling, or owning timber forest products that were not accompanied by a legal certificate of forest products”. However, the prosecutor demanded the defendant without a sentence of confinement, but only a criminal fine of Rp. 5.25 billion.
Dean of the Faculty of Law at the University of Jambi Helmi deplored a fine sentence without confinement. According to him, people who feel disadvantaged by illegal logging activities there can report the matter to the Judicial Commission.
Appeal
The Director of the Foundation for the Environmental Legal Aid Foundation (YLBHL) Jaya Nofyandri also encouraged the prosecutor as the prosecutor to file an appeal. “And asked the high court judge to impose heavier criminal sanctions in the form of confinement on corporate management,” he said.
According to Jaya, even though the judge declared guilty, the verdict determined by the defendant violated the provisions of the law. Law enforcers should optimize the imposition of criminal sanctions on corporations in order to have a strong deterrent effect.
The Head of the Information and Legal Section of the Jambi High Prosecutor’s Office Lexi Fatharani confirmed that the demands from the prosecutor were indeed in the form of fines of only Rp 5.25 billion. While criminal charges of confinement were not given. He said the application of penalties to corporations was given in the form of fines.
Sumber: https://kompas.id/baca/nusantara/2020/03/14/vonis-hakim-menyalahi-undang-undang/