JAKARTA, KOMPAS — National Police chief Gen. Tito Karnavian said that only the National Police would be able to issue investigation termination instructions (SP3) on forest fire cases involving corporations. The statement was made on the heels of ongoing debate surrounding recently issued SP3s.

"I have given instructions that investigations into forest fires involving corporations cannot be terminated by regional police headquarters, let alone police precincts. They can only be terminated by National Police headquarters," Tito said after a work meeting with House of Representatives Commission III in Jakarta on Monday (5/9/2016).

In future, decisions to issue SP3s will involve the National Police's criminal investigation division, internal affairs division, general supervision inspectorate and legal division to assess whether the cases can be terminated or not. Tito said he was also committed to involving the Environment and Forestry Ministry.

For now, National Police headquarters would not take over ongoing forest fire investigations at regional police headquarters. The National Police would only monitor the process and be involved in decisions to terminate investigations. "If we take over all the cases, it would be as though we don't trust the regional police offices," Tito said.

Recently, SP3s were issued for forest fire cases involving 15 companies in Riau, one in South Sumatera and one in West Kalimantan. Among the reasons cited was that the fires originated outside the companies' concession areas and were caused by local residents - rather than the corporations - who had been sentenced by the Supreme Court.

At the meeting, Habib Aboe Bakar Alhabsyi from the Prosperous Justice Party questioned why the principle of corporations' absolute responsibility had not been used in deciding the continuation of the investigations. In line with Article 88 of Law No. 32/2009 on environment protection and management, individuals whose businesses have created serious threats to the environment should be held absolutely responsible for the damage without the need for being proven guilty.

Tito said that the National Police could not revoke issued SP3s. However, this was not the end of the road. People could still petition for a pretrial on these terminations and, with adequate evidence and arguments, court judges would make their decisions. If the judges accepted the pretrial motions, the cases would be reopened. If not, the SP3s would be final.

This attitude, Aboe said, would divert the responsibility to prove the corporations' guilt to the public. "The people are the victims here and they still have to find evidence," he said.

Ministry response

Interviewed after a meeting with House Commission VII, Environment and Forestry Minister Siti Nurbaya Bakar said that the ministry respected the police's decision to issue the SP3s for land fire cases involving 15 companies in Riau.

"We respect the police's decision on the SP3s, as they really understand the cases. We're not the one who dealt with the cases. It's not us," Siti said.

She explained that Karnavian had told her about the SP3 issuance in a limited meeting led by President Joko Widodo. In the meeting, the National Police chief had explained the investigation process and reports from the Riau Police chief.

"The decisions were made under coordination with my ministry. From the beginning, we have asked the National Police to be clear on the criminal prosecution. The reason was that this is an extraordinary case that has captured public attention," Siti said.

Separately, the Indonesian Forum for the Environment's (Walhi) head of campaign and national executive network expansion department, Khalisah Khalid, said that Walhi demanded the President be strict in implementing his order for harsh and firm punishments for forest fire perpetrators. This included returning burned land to the state.

"The President should call on the National Police chief and evaluate ongoing law enforcement efforts for forest and land fire cases as most of them involve the public. Meanwhile, SP3s are only issued for cases involving companies," she said.

To date, environmental activists are still highlighting the SP3s issued by the Riau Police. Riau has always been deemed a "haven" for dismissing criminal environmental cases. In 2007, SP3s were issued for illegal logging cases involving more than a dozen companies.

Two of the province's governors have been arrested in forestry corruption cases. However, land fires still occur. On Friday (2/9/2016), several rangers and investigators from the Environment and Forestry Ministry were taken hostage by a group of people near a company's concession area.