'Forest products' and 'trees' are defined, and 'people' (indivs, groups or corporations), but not rights or tenure (Cl 1)

The purpose of the Perpu is law enforcement (Cl 2)

It covers felling, transporting, storing, possessing and distributing illegal timber (Cl 3)

Penalties for ordering, encouraging or carrying out illegal logging[2] are 5-15 yrs imprisonment and fines of Rp10-100bn (approx US$1-10 million) (Cl 4)

Penalties for planning or assisting in illegal logging at 10 yrs imprisonment (max) and Rp5bn in fines (max) (Cl 5)

Anyone financing illegal logging faces the death sentence or life imprisonment (Cl 6)

Penalties for anyone transporting or helping to transport illegal timber are 3-10 yrs imprisonment and fines of Rp1-5bn (Cl 7)

Penalties for handling or holding[3] illegal timber are 5-15 yrs imprisonment and fines of Rp1-10bn (Cl 8)

Penalties for preventing or interfering with the investigation, examination or prosecution of illegal logging cases are subject to 1-7 yrs imprisonment and fines of Rp100-500million (Cl 9)

Any official[4] who ignores cases of illegal logging is subject to Rp5-7 yrs imprisonment and fines of Rp100-500 million (Cl 10)

Any official issuing licences for logging or transporting logs without authority: Similar penalties to Cl 10 (Cl 11)

Anyone overseas[5] who orders others to carry out or assist in illegal logging faces 5-15 yrs imprisonment and fines of Rp 1-10bn. Anyone overseas funding such operations faces the death penalty or life imprisonment (Cl 12)

Anyone found guilty of activities in Cl 4-10 may also be liable to confiscation of equipment used to carry out the illegal logging/transport/storage[6]. (Cl 13)

If the illegal operations are carried out by or in the name of a company, the company and/or its manager will face legal action and penalties, but only fines. Companies are also liable to closure of all or part of the company. (Cl 14)[7]

Investigations, charges and interrogations connected with illegal logging will be carried out according to existing criminal law (Cl 15)

Investigators can use reports from the community and 'associated agencies' as primary evidence (Cl 16)

Investigators can seize letters and tap phones or access other means of communications for up to a year to get evidence[8] (Cl 17)

The prosecution or judge can order information from the accused's bank and block access to accounts connected with illegal logging (with permission from the Bank of Indonesia) (Cl 18)

Witnesses, investigators, prosecutors and judges plus their families must be given state protection before, during and after illegal logging cases (Cl 19)

Protection may take the form of protection against physical or psychological threat, concealment of identity and giving witness in secret. (Cl 20)

Evidence can be in various forms and includes info sent or stored electronically or by camera, recordings, maps and symbols[9] (Cl 21)

Investigators[10] may detain anyone who is strongly suspected of illegal logging[11] within 48 hrs of the activity (Cl 22)

To make sure that cases are processed quickly, the investigator must pass all the evidence to the prosecutor within 90 days of the investigation (+ possible 30 day extension). Cases must be heard within 30 days. (Cl 23)

Illegal logging cases must be given precedence in court over other cases. Cross-examination may take place at the site of the illegal activities. (Cl 24)

The accused may be tried in his/her absence. The accused may appeal against a decision within 14 days. (Cl 25)

A qualified agency approved by the Forestry Minister may be called on the estimate volumes of logs on a boat or ship (Cl 26)[12]

A Forest Crimes Prevention Agency[13] will be set up (BPTPK in Indonesian). This will be headed by the minister of forestry and responsible to the President. It will consist of elements drawn from the Dept of Forestry, police, judiciary, army and related technical departments[14,15]. The investigators will be drawn from forestry department staff and the police[16]. The Indonesian judiciary will appoint a prosecutor. The structure of this agency will be determined by presidential decree. (Cl 27)

The function of the Forest Crimes Prevention Agency (BPTPK) is to devise and implement policy and operations on forest crimes[17]; investigating, collating evidence and prosecuting; making sure cases are dealt with quickly; making recommendations on how to prevent forest crimes; auctioning timber used as evidence. (Cl 28)

Provincial governors and mayors/administrators must support and assist BPTPK and efforts to prevent and eliminate illegal logging in the areas for which they have responsibility (Cl 29)

Funding for the implementation of this regulation will come from the central budget and other legal sources as directed by the Forestry Minister. 20% of income from auctioning illegal timber will go to 'parties involved in controlling illegal logging'[18]. Only Indonesian wood processing companies with legal permits can take part in the auction. (Cl 30)

The Forestry Minister will decide the size of incentives[19] for those working to control illegal logging. (Cl 31) “The illegal transport, control and ownership of timber[20] which is not accompanied by legal forestry documents is classified as the criminal act of illegal logging and covers:

1. If the origin of the forest product and the destination are not as written on the legal documents;

2. If the physical nature of the forest product - species, amount or volume transported - is not as written on the legal documents;

3. If the official documents accompanying the forest product are out of date or counterfeit;

4. If the forest product which is transported, controlled or owned do not have any official documents[21]. (Cl 32)

Any previous regulations on action against illegal logging are subordinate to this one (Cl 34)

This regulation in place of a law will take effect from the date signed below. (Cl 35)

To be signed by the Indonesian president.

Notes

1. Context of what 'forest' is and who it belongs to relate back to Forestry Act 41/1999.
2. Illegal logging in clauses 4-14 refers to Clause 50 (3) in the Forestry Act which states: “all people are forbidden to fell trees or harvest or collect forest products within forests without rights or permission from the responsible authorities” (Setiap orang dilarang menebang pohon atau memanen atau memungut hasil hutan di dalam hutan tanpa memiliki hak atau izin dari pejabat yang berwenang.) Indigenous people's authority over forest and forest resources is not recognised by the state.
3. Processing or exporting products of illegal logging are not mentioned
4. The term 'pejabat' is not defined. Not clear if 'officials' include police and military. Also no penalty that they will be sacked.
5. Not clear if this applies only to Indonesian nationals or others.
6. No similar penalties for wood processors eg sawmills and pulp mills?.
7. The way this long clause + subclauses are worded makes it seem as if an employee logging outside the company's concession area is not acting illegally.
8. This is radically new. Previously, all evidence had to come from the police.
9. At present, photos, maps, videos etc are not considered evidence in forest fires cases. The suspect must be caught in the act, hence the low rate of conviction. Is the new definition tight enough to include data for log tracking and chemical tests for paper analysis?.
10. At present only the police have the power to call for prosecutions. The term 'investigator' (penyidik) is defined later on as staff drawn from the forestry dept and police. There is no mention of independent expert agencies such as those established by Global Witness in Cambodia and Cameroon.
11. The wording only applies to people felling trees, not any other activities to do with log smuggling/processing.
12. There is no provision for calling experts to determine the types of wood. A common means of disguising illegal timber eg ramin is to describe it as another species on the transport documents.
13. This is a direct translation. Odd that it is called this, not an illegal logging unit.
14. The Indonesian Navy and Customs Dept should also be part of this team if the illegal export/transport of logs is to be tackled, but these are not mentioned
15. It is possible that the department of forestry will be incorporated into the department of agriculture after the new president & cabinet have been selected later this year.
16. There is no mention of training or supervision for staff or input from external agencies including NGOs or academics for this body.
17. Wording of original needs tightening up: “the prevention and elimination of criminal tree felling in forests which is illegal” (sic!)
18. No conditions about publishing of accounts or financial transparency/accountability.
19. This can mean wages in some official documents, but may mean other financial incentives here. Accountability/Transparency in such payments?
20. Hasil hutan kayu translated here as 'timber'. This term conflicts with definition used in Cl 1 where forest products are defined as living and non-living objects and materials derived from them. Other wood products made from illegal timber eg paper could be exempt under Cl 32.
21. This definition of illegality is very different from that drawn up under the Indonesia-UK MoU and only refers to paper documents while timber is being transported. Many aspects of illegal logging are not covered eg if a logging company logs outside its concession area. No social or environmental factors are involved. The explanatory notes say this clause is 'quite clear' and do not add any further conditions (cukup jelas).