InfoSAWIT, JAKARTA –Head of Sub Pengembangan Penyuluhan Hukum Badan Pembinaan Hukum Nasional (BPHN), Rachmat Abdillah said, BPHN still evaluates the Laws No. 18 / 2013 about the Prevention and Forest Damage Eradication or PencegahandanPemberantasan Perusakan Hutan (UU P3H), and Laws No. 41 / 1999 about Forestry or UU Kehutanan.
“Both Laws are similar in the object and law politics. UU P3H does not accommodate the regulation in Chapter 50 in UU Kehutanan,” he recently said.
Rachmat also explained, the evaluation result of both Laws could be integrated with some related ministries/institutions about the safe, and forest region management so that the crime process could be ideal and run better to save and manage the region.
For example, Chapter 112 in UU P3Hmentioned that: The Regulation in Chapter 50 paragraph (1) , andparagraph (3) alphabeth a, alphabeth f, alphabeth g, alphabeth h, alphabeth j, andalphabeth k, andregulation Chapter 78 paragraph (1) aboutcrime toChapter 50 paragraph (1) andparagraph (2) aboutcrime regulation toChapter 50 paragraph (3) alphabeth a , andalphabeth b, paragraph (6), paragraph (7), paragraph (9), andparagraph (10) in Laws No. 41 / 1999 about Forestry are revoked and no more available.
“The law officers from the attorney also proposed some weaknesses in the chapters about the sanction, and investigation in UUP3H,” he said.
He also told that the reason that both Laws need to be integrated is from what Budi Riyanto, a lecturer of Post Graduate degree, Faculty of Law, University of Indonesia said to BPHN in Ministry of Law and Human Rights. The implementation of UUP3H mistargets from what the basic goal was. It is no surprise that there are some disadvantages and ineffectivity of the Laws.
Budi Riyanto also suggested, the government needs to understand the ideology of mastery and advantage of the natural resources which are reflected in Chapter 33 paragraph (3) Constitution 1945, saying that the Country masters the natural resources, including the forest for the prosperity of the people.
So the intervention of the government to master the natural resources, including the forest for the prosperity of the people showed, Indonesia has the concept of welfare. It needs to publish laws and or regulation which does not interfere one to the other when implementing the regulation. “It is hoped, there will be no overlapping regulation which could make chaos,” Budi said as Rachmat imitated.
BPHN also got input from Professor of Faculty of Forestry, Institut Pertanian Bogor (IPB), Didik Suharjito who explained that rescue, and forest region management should be done by ecosystem approacch to the developing progress since 1990s, that is, focusing to three main pillars, they are, ecologically sound, economically viable, and socially acceptable. The three pillars connect and support one to the others as unity.
The evaluation of both Laws was discussed in focus group discussion (FGD) held by Pokja Analisis danEvaluasi Hukum Dalam Rangka Penyelamatan dan Pengelolaan Kawasan Hutan, PUsat Evaluasi dan Analisis Hukum Nasional in the office of BPHN, Jakarta, as in the official statement which InfoSAWITgot.
There were 15 participants from ministries/institution in the FGD, they were, Secretary of the Cabinnet, Ministry of National Development Plan/National Development Plan Agency; General Directorate of Gakum; Ministry of Environment and Forestry, Ministry of Agriculture, Ministry of Internal Affairs, Attorney, Indonesia Center for Environmental Law (ICEL), Ministry of Treasury, General Directorate of KSDAE, Ministry of Environment and Forestry, Ministry of Agrarian Affairs/National Land Agency; Peat Restoration Board; Crime Agency, Indonesian Police; Faculty of Laws, University of Indonesia; and Wahana Lingkungan Hidup Indonesia (Walhi).
BPHN also evaluated the implementation of UU P3H andUU Kehutananto minimize the overlapping regulation which might happen to regulate the rescue and forest region management in order to actualize the participative forestry monitor system.
“FGD is to give input, suggestion to the pokja to enrich and sharpen the analysis both from the regulation and laws in the substance of the laws, and the implementation,” Rachmat explained. (T2)
