Locals riding through the road in the middle of forest, Sorong, West Papua, 2015.
Forest Rights Protection in Criminal Law Policy of Forest Destruction Eradication
The most concerning issue in forestry law enforcement process is the possibility of which those articles can be used against indigenous people and local community living surround forest (Colchester et.al., 2006; Steni and Setianto, 2007; Nagara, 2014); legal subjects whose rights and access to forest supposedly protected. The concern is even more distressful given dozens of law stipulating people’s access to natural resources are in place (Nagara, 2014).
This is not surprising, knowing forestry policy in criminal law has never changed since the Dutch colonial regime (Nagara, 2014); although the criminal typology or perspective on forest crime between now and then are totally different. Moreover, the large-scaled and uncontrolled forest exploitation does not only degrade the forest heavily but also culminate in the least benefit from forestry sector. Corroborated by corruption and financial system misuse, forest crime is no more about land clearing but has transformed to complex mechanism within financial system; leaving no trace of illegal money for law enforcers to identify (Setiono and Husein, 2015).