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Research Report

A guide to investigation and indictment using an integrated approach to law enforcement

Topo Santoso
Rosalita Chandra
Anna Christina Sinaga
Mumu Muhajir
Sofi Mardiah
Copyright Date: Jan. 1, 2011
Pages: 98
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Table of Contents

  1. (pp. 1-4)

    The need for improved enforcement of forestry law has grown as Indonesia’s deforestation rate has increased significantly. During 1970–1990, the rate of deforestation was 0.6–1.2 million hectares a year (Sunderlin and Resosudarmo 1996). Another report shows a higher rate of 1.7 million hectares per year during 1985–1997 (FWI/GFW 2001). The latest data from the Ministry of Environment, based on the ‘Report on Indonesia’s Environmental Status 2006’, states that the rate of deforestation was 1.19 million hectares per year in 2006 (Ministry of Environment 2006). Illegal logging is one of the greatest causes of deforestation. Laporan Telapak, an...

  2. (pp. 5-16)

    This chapter gives a concise overview of forestry crime based on Law No. 41/1999 on Forestry. The discussion begins with an outline of the drivers of forest degradation and categories of violation of forestry law. This is followed by an overview of the parties involved in forestry crime and the roles they play. This chapter also discusses the approach normally used in handling illegal logging, using the forestry law. Other laws closely linked to forestry – such as anti-corruption and anti–money laundering laws – will be discussed in later chapters.

    Factors driving forest degradation and illegal logging include (Suarga...

  3. (pp. 17-26)

    In order to overcome weaknesses in handling forestry-related crime, a new, more integrated approach to protecting our forests is needed. In 2003, the government of Indonesia decided to revise Law 15/2002 on Prevention and Eradication of the Crime of Money Laundering in 2003. The Center for International Forestry Research (CIFOR) took the opportunity to encourage the application of other legal instrument within the revised law, to catch the perpetrators of forestry crime. In the new law, Law No. 25/2003, forestry crimes was included as one of the predicate crimes of money laundering crime. In 2007, CIFOR’s further recommended that Law...

  4. (pp. 27-62)

    According to Transparency International, corruption is ‘the abuse of entrusted power for private gain’ (2011). This definition is also used by the World Bank (2011). In Indonesian law, the definition of corruption crime is spelled out in 13 articles in Law No. 20/2001 on Amendments to Law No. 31/1999 on Eradication of Corruption. Generally speaking, the definition of corruption in Indonesia is similar to that of Transparency International and the World Bank; however, the Indonesian definition also includes the element of state loss.

    A number of factors contribute to widespread corruption: weak law enforcement (low probability of being arrested, charged...

  5. (pp. 63-80)

    In using the Integrated Law Enforcement Approach (ILEA) to handling cases of suspected forestry crime – using ant–corruption and anti–money laundering laws – we must first understand all conditions that constitute a criminal action that must be met, as defined in the articles under which suspects can be indicted. This includes understanding the roles of law enforcement institutions, legal procedures and the application of legal articles in cases where court verdicts have already been reached. This chapter discusses aspects of legal procedures from investigation to substantiation.

    This section will discuss which law enforcement institutions have the authority to...

  6. (pp. 81-82)

    Illegal logging is a multidimensional crime. It relates not only to forestry law, but also to anti-corruption, anti–money laundering, environmental and excise laws. This paper focuses primarily on forestry crime, corruption in the forestry sector and laundering of the proceeds of forestry crime.

    This paper has discussed a number of important aspects of the Integrated of Law Enforcement Approach (ILEA) in the hope that it can provide insight and guidelines for law enforcers to overcome forestry-related crime. The approach is more comprehensive as it uses not only the forestry law, but also anti-corruption and anti–money laundering legislation. We...