Jakarta, Ekuatorial – After a disappointing verdict on Malaysian company over forest fires in Riau, law expert said on Monday (15/9) there should be different approach to punish crimes done by corporations, mainly targeting on their business profits instead of seeking mere compensation or prison time.
“Companies are institutions seeking for profits. And, to have that deterrent effect, it would not be sufficient to apply for compensation demands as in ADEI case. There should be disincentives that targeting on the company, for instance revoke their permit, freeze assets, or rehabilitation,” said Deni Bram, environmental law lecturer at Tarumanegara University of West Jakarta, in Jakarta.
PT ADEI Plantation and Industry, a subsidiary of the Kuala Lumpur Kepong Berhad, found guilty by Pelalawan District Court last week for illegal forest burning prompting thick haze in Indonesia and Singapore.
The Court sentenced its general manager, Danesuvara KR Singam, to a year in prison and the option to pay Rp2 billion (US$ 168,152) or serve additional two months in jail. In addition, PT ADEI was also ordered to pay Rp 15.1 billion (US$1.2 million) fine to repair environmental damages caused by forest fires.
However, activists and law experts considered the sentence was too light compared to PT Kalista Alam which was found guilty of burning Tripa peat forests and ordered to pay Rp 114.3 billion (US$ 9 million) as compensation and Rp 251.7 billion (US$ 21.1 million) early this year.
Bram said that the capability and capacity of law enforcement was the cause of different verdicts on ADEI and Kalista Alam, although they were similar cases.
Meanwhile, Zenzi Suhadi, Forest and Large Plantations Campaigner of the Indonesian Forum for the Environment (Walhi), said that governments were also responsible as companies for triggering forest fires in the country.
“Ministry of forestry had issued permits for 14 million hectares for industrial plantations, oil palm plantation and mining within 2007 to 2011,” said Suhadi. “However, their abilities to deal with legal charges [concerning on land use changes] only covered 17,000 hectares within 2009 – 2013.”
During forest fires in May – July of 2013, Walhi recorded and reported 117 companies in Riau and six companies in Jambi to the Ministry of Environment. In addition, they have also filed a legal suit against 19 institutions over forest fires in Riau and Jambi, which includes Indonesian President, Minister of Environment, Minister of Forestry, Indonesian Police (Polri), Riau Governor, Jambi Governor, and head of districts in Riau and Jambi provinces.
Fidelis E. Satriastanti
