Law Enforcement on Illegal Logging in Indonesia: Problems and Challenges in Present and the Future

: Implementation of environmental protection in juridical forest area has been regulated in Law No. 18 of 2013, on the prevention and eradication of forest destruction. In fact, the implementation of laws on the prevention and eradication of forest destruction is still at issue. Problems about efficiency and effectiveness of enforcement provided by the government. Through the methodology, it can answer the understanding of society and philosophical basis of legislation on the prevention and eradication of forest destruction and can improve the quality of enforcement of the law as well as the role given by the government. This study is expected to provide evaluation and enhancement of law enforcement in forest area protection.


I. INTRODUCTION
The extent of forest areas in Indonesia is believed to be the source of life for about 20 percent of the total population of Indonesia living in and around the forest area. Indonesia's forest area ranks third after Brazil and Zaire. 1 According to the latest official calculations of the 1 Supriadi Supriadi, Hukum Kehutanan dan Hukum Perkebunan di Indonesia. (Jakarta: Sinar Grafika, 2011). It is also emphasized that forests of Indonesia are the third largest tropical forests in the world and one of the greatest biodiversity hotspots on Earth. Indonesia is home to 10% to 15% of all known plants, mammals, and birds on the planet. From the orangutans to Sumatran tigers to the incredible birds of paradise, rare species threatened with extinction can only be found in Indonesia's forests. As recently as the 1960s, about 80 percent of Indonesia was forested. Since then, however, demand for commodities like pulp, paper, plywood and palm oil has combined with corruption, political croneyism, uncertainty about land rights and poorly enforced policies to create the conditions for a massive land and resource grab by large corporate interests. This profit driven resource rush is moving across the island chain, clear cutting rainforests, destroying critical habitat for endangered species, and sowing social conflict with communities that depend on the forests for their livelihoods. Sadly, Indonesia has one of the highest deforestation rates in the world, and just under half of the country's original forest cover now remains. Although estimates vary widely, conservative studies suggest more than a million hectares (2.4 million acres) of Indonesian rainforest is cleared and lost each year, with about 70% occurring in forests on mineral soils and 30% on carbon-rich peatland forests. See also Mark E. Indonesia's land area is forested. Given the vastness of Indonesia's forested land, it can be imagined that the country's revenues from the forestry sector are also large. This is evidenced by the large foreign exchange earnings that go into the development process, which recorded 7 to 8 billion per year entered in the coffers of the country.
This is the second largest number of non-oil and gas sectors after textiles.
Even the international world recognizes the existence of Indonesia's forest resources as one of the most important parts for the realization of the ecosystem balance of the planet across generations through its function to absorb the emissions of various gases and toxic pollutants that are responsible for the increasing greenhouse effect and the increasingly deflated ozone layer.
However, ironically, forests that provide benefits in the form of large contributions to social and economic welfare are generated without considering the sustainability of forests. Forests in Indonesia suffered considerable damage. This is proven by FAO data in the Global Forest Resource Assessment in 2016 indicating that Indonesia's forests are in the order of five as the country with the most severe damage.  Maju, 2000). In the futher context, the problem of illegal logging, especially in Indonesia, is a serious problem that can threaten forest sustainability. A serious effort is needed to overcome the problem of illegal logging, namely through preventive efforts, one of which is by making efforts to raise public awareness. In addition, there needs to be a responsibility from the relevant government in dealing with the problem of illegal logging that occurs, and the most important thing is law enforcement efforts. So that the perpetrators get a deterrent effect from the actions they have taken. In carrying out illegal logging activities, there are several parties who are always present and directly involved, namely the owners of capital, unscrupulous government officials and the community, both local people and immigrants. The definition of the crime of illegal logging is not explicitly formulated and is not found in the Articles of Law Number 41 of 1999 concerning Forestry, but illegal logging can be identified with actions or actions that result in forest destruction, for that regarding forest destruction this is confirmed in the Law Number 41 of 1999 Article 50 paragraph (2) concerning Forestry, it is stated that: "Everyone who is granted a business permit for the use of the area, a business permit for the use of environmental services, a business permit for the utilization of wood and non-timber forest products, as well as a permit for the collection of wood and non-timber forest products.

INDONESIA
The low law enforcement on illegal logging crimes, especially in Indonesia due to several factors, namely: with other countries). However, such cooperation appears to be less effective because of the limited personnel and area.
Meanwhile, other complex issues concerning illegal logging faced by the forestry sector, which in addition involve many actors also often come into contact with power. This is a disease and culture that has penetrated deeper, namely corruption,

Supply and Demand
Based on the capacity of the timber industry, in the regions will lead to increased demand for wood supply that leads to excessive timber harvesting. Supply capability or supply of wood based on the annual cuts annually set by the government is not proportional to the high demand for timber from the timber industry both domestically and from abroad, resulting in an imbalance between supply and demand which then generates demand additional wood. One way to meet the most efficient and cheapest deficit between supply and demand is through illegal logging.

Low Quality of Human Resources (Human Resources)
Criminality that occurs in the field of forestry is done by the community, businessmen and also officials. This is due to the low quality of human resources caused by low education and low awareness. They only think of their own interests and do not want to think about the impact that will happen.
The emotional situation of society within the framework of euphoria of reforms utilized by employers is a form of low public awareness.
On the other hand, both the civil and security apparatus tried to take advantage of the condition. This leads to the increasing number of criminals involved, either as looters, receptors, or as buyers. In addition, they are also braver because the other apparatus that should follow overseeing order and security is involved in the crime.
The involvement of these officers can not be separated from the low mentality of the elements. The low mentality causes the authorities to commit acts of corruption or even go directly as perpetrators in crime.
The involvement of the apparatus is not limited to the security apparatus, TNI, POLRI, but more widely involving community leaders such as village heads in granting timber permits or establishing sawmills, forestry department officials in the processing of operating licenses and both production documents and timber transport documents, and even board members. Members of DPRD who should prioritize the interests of the people who are represented instead indicated to be involved in the management of sawmills.
Legal culture in terms of adherence to existing laws and regulations, it is difficult to grow and develop as long as the law itself is unsatisfactory, as long as its law enforcement officers are weak and can be bought, as long as the court is not a place to seek truth and justice. For the people of Indonesia, weak law enforcement by the authorities will determine the perception of whether there is law. If law enforcement by the apparatus is weak, the public will perceive the law as non-existent and as if they are in the jungle.
Conversely, if law enforcement by the apparatus is strong and done consistently, then people perceive the law exists and will submit. In such a context the Indonesian people are still in a society that is "afraid" at the law enforcers and has not yet been described as a "lawabiding" society. In a society that is afraid of the law, society will not be subject to the law if law enforcement is weak, inconsistent, and unreliable. Therefore, strict and authoritative law enforcement in the legal life of Indonesian society is needed [16]. 16

LOGGING IN INDONESIA
Illegal logging is a fact that is triggered by other factors in the form of several things, such as the enormous need for raw materials for the wood and paper industry. Where the paper industry requires at least 27.71 million cubic meters of timber per year, whereas the industrial plantation for paper is only capable of supplying 29.9 percent of its total needs. This condition certainly triggered the greedy desire of cukong-cukong to make illegal logging as one of the ways to extract the potential economic benefits. Even this is exacerbated by the weakness of law enforcement in the settlement of cases of illegal logging due to the proliferation of corruption practices.
Many countries take unilateral action against illegal logging and timber trade which essentially has three manifestation patterns: first, formulating legal norms with binding sanctions to provide strong legal protection. Second, adopt a government procurement policy on the environment to ensure the legitimacy and sustainability of the source. Third, develop a timber legality verification system to ensure the accuracy of timber production and tracking information and maintain the sustainability of sales and export monitoring. As a result, illegal logging is still rife in Indonesia. As for some solutions to overcome illegal logging are as follows: 1. Reforestation or replanting of deforested forests.
2. Implement a selective logging system in cutting down trees.

Environmental manipulation and control of pests and diseases
can also be done to restore forests in Indonesia.
4. Intensive Forest cultivation is the best option because it can be predicted so that, the need for timber can be calculated without destroying the natural habitat that is still good.
The handling of illegal logging should still be pursued until illegal logging activities stop completely before the expiration of forest resources where there is a forest area but there are no trees inside.
Therefore, the government has also tried to prevent illegal logging and timber smuggling by issuing several policies 17 , such as: f) Evaluation and review of legislation.
g) Improvement of the mechanism of timber auction and / or findings.
h) Restructuring of the wood processing industry, including termination of HPHH and small-scale logging licenses.
Repressive action is a law enforcement action from investigation, investigation to court. For that there must be a common perception between each element of law enforcement i.e., investigators (Police and PPNS), prosecutors and judges. Because of the magnitude of the problem of illegal logging, repressive action must be able to cause deterrent effect so that the legal sanction should be appropriate.
Criminal law enforcement in the field of Illegal Loging has not been resolved properly, it is in because some of the problems that arise are: 1. Existing regulations and policies can not solve the problem of environmental crimes. have international, regional and national impacts. 18

VI. CONCLUSION
Criminal law enforcement in the field of illegal logging for the preservation of the environment has not been resolved properly. In fact, the government seems to be actively combating illegal logging, while the courts are keen to free him. Factors that underlie the existing laws and policies can not solve the problem of environmental crimes, and technological developments are followed by the development of quality and quantity, increasingly sophisticated crime and often of international, regional, and national impact.
The low law enforcement on illegal logging crimes especially in Indonesia is caused by several factors, such as weak legislation, law enforcement officers, factors related to the culture of the people, which are related to supply and demand and the low quality of human resources. In addition to the low awareness of officers against the environment are often also the occurrence of crime due to low knowledge of the authorities in cracking down on crimes that occurred.
The handling of illegal logging can be done through a combination of preventive, repressive and monitoring efforts (detection). Preventive action is a strategic, forward-looking action that is a medium-and long-term plan but should be seen as an urgent action to be implemented. Repressive action is a law enforcement action from investigation, investigation to court. Repressive action must be able to create a deterrent effect so that legal sanction should be appropriate.