News about Turtle in West Java-Indonesia

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Dear All,

 

We have a information about turtle in West Java-Indonesia.

 

Thank you,

Irma

 

 

LOCAL REGULATION OF SUKABUMI LEGALIZES TRADE ON SEA TURTLE EGGS IS AGAINST THE

HIGHER REGULATION

 

 

 

Animal Advocacy Institute for Animal was founded in 2004. Animal Advocacy

Institute (LASA) is a Non governmental Organization (NGO) concerning to the law

enforcement effort to protect wildlife protected under the law. Besides effort

to bring the case to the court, LASA also works in policy analysis released by

the government. Moreover, in a case of wrong policy examined by LASA in order to

resolve is Local Regulation of local government in Sukabumi No. 2 of 2001

regarding to taxation for swallow nest, sea turtle eggs, and sea weed.

 

The legalized sea turtle management constitutes many problems for

the Sukabumi inhabitants. Some people who get the direct benefit from the

regulation support this policy in order to continue giving permission to the sea

turtle eggs entrepreneur to trade the eggs. On the other hand, the environmental

observer plight on this regulation to legalize the sea turtle eggs management in

Sukabumi.

 

Since February 2001, the Second Level of Local Government of

Sukabumi impose the Regulation No. 2 in 2001 regarding to taxation for swallow

nest, sea turtle eggs, and sea weed.

 

The regulation clearly included and regulates matters that imposed

against the central government regulation to protect the wildlife such as sea

turtle. Given the fact that sea turtle and its body parts are included a

protected animal base on the Government Regulation of Indonesian Republic No.7

of 1999 dated on January 27, 1999.

 

CV Daya Bakti is the in charge organizer to manage the Pangumbahan

Beach region since the early of 80's. The permission to manage the region from

the Regent of Sukabumi (the agreement letter No. 1/HK.021.3/1981), the

management emphasizes on the utility of sea turtle eggs for consumption.

Moreover, the permission to harvest the turtle eggs is effective until the next

10 years. The permission would have ended in 2003 and continue expanded again

until 2013. The Pangumbahan Beach is particularly utilized for turtle nesting so

it is managed well in order the sea turtle is able to crawl and laying eggs on

the beach. Since the turtle is unwilling to nest and lay eggs when the beach is

dirty and crowded by many buildings.

 

The local autonomic has affected the Local government of Sukabumi to

increase the local income by imposing tax from the turtle eggs trade. The CV

Dayabakti part welcomes this idea, by excusing that the conservation is rendered

as protection and benefiting as well and because the turtle conservation

conducted on Pangumbahan need a lot of fund while on the other hand the local

government do not have certain budget to manage the program. Thus, half of the

sea turtles is benefited for commercial with 40% is for trade and 60% would be

returned to the wild. However, the fact is that the sea turtle population on

Pangumbahan beach declines drastically each year. The fact is justified by Sadon

Silalahi a sea turtle expert from IPB (Institute of Agricultural Bogor) Bogor.

Moreover, the comercialisation on sea turtle on Pangumbahan beach will be

continued until the turtle on Pangumbahan end on extinction.

 

The harvest of se turtle in Pangumbahan is truly a tempting

business, if its not, just imagine that only in a week the organizer of the

nesting site is afford to collect more than 3000 eggs and each egg cost for 3000

rupiah. Meanwhile the hatchling cost for 5000 per animal. The hatchling is sold

to a hotel in Anyer in order to make tourism object for foreign tourist. The

nesting site organizer and the local government hide the actual income from that

illegal activity, and the income contribution for the local government is only

10 millions rupiah/year. The sea turtle egg shipment is not only to some cities

such as Bali, Jakarta, Bandung, and Bogor but the local population also

participates in this illegal trade. Even the steamed eggs can be found sold

along A Yani Street in Sukabumi with Rp 3.500/egg - Rp 4000/egg.

 

To stop the regulation LASA conducted persuasive effort by sending

an audience appeal letter and appeal letter to re-examine on that local

regulation before LASA seek for the further follow up since it is imposed

against the Act No. 5 in 1990 about Conservation on Natural Resource and its

Ecosystem. The result is the audience appeal is refused.

 

Before publishing the local regulation, the Regent of Sukabumi release 2 Regent

Decree, namely:

 

a) The Regent Decree of Sukabumi No. 2 in 1999 about the Crawling and

Nesting Site on Pangumbahan Beach of Gunungbatu village of Ciracap District of

Sukabumi Region;

 

b) The Regent Decree of Sukabumi No. 973/Kep.171-BPKD/2001 about the

Determining on Tax and Custom and Manners on Realization of Auction in Sukabumi

Region.

 

Related to the decree LASA institutes a suit to the State Administration Court

(PTUN) Bandung.

 

However, the object of the suit is not Local regulation No.2 in 2001 but the

Regent Decree of Sukabumi No. 973/Kep.171-BPKD/2001 about the Determining

Standard of Trade Value of Swallow Nest, sea turtle eggs and seaweed/the Head of

village as the tax determiner and the custom and manners of the auction

realization in Sukabumi Regent. The decree is released to clarify the local

government regulation No. 2 in 2001. Why the suit object is not directly for

local regulation? Because PTUN do not have authority to make process of the

local regulation, the authority is on Supreme Court. LASA put the Regent decree

since LASA hopes that local government regulation No. 2 in 2001that becomes the

basis for the regent decree can be canceled on the law sake. The effort has not

yet give result because on PTUN there must be a time limit to institute the suit

after the decree release that is between the 180 days. As the result, LASA

institute is not granted because it is regarded to be expired day, it is over

than 180 days.

 

The further effort proposed by LASA is instituting the suit to the State Court

of Cibadak by presented the accuser the regent of Sukabumi base on the concern

that the local regulation released by the regent is in the contrary of the

higher law. The trial is realized through the mediation outside the court. The

mediation has done for three times. The final result of the mediation is:

 

1. The accuser (the Regent of Sukabumi) will proposed local regulation to

revise the local regulation No. 2 in 2001 and other related regulation;

 

2. The revision will be discussed in the executive level maximum in May

2005;

 

3. The plaintiff (LASA) will be involved in studying the Plant of removing

local regulation in executive level.

 

 

 

Thus, through the discussion result of agreement local regulation as above

statement, LASA withdraw the institute Number: 14/Pdt.G/2004/PN.Cbd.

 

LASA also urge the Minister of Forestry of Indonesia and the

Minister of Internal Affair to take the proper action bases on their capacity to

withdraw the regulation. The result is in February 24, 2005, Letter No.

188.342/492/SJ about the Local Regulation content the appeal for the Regent to

stop the implementation of Local Regulation No.2 in 2001 and the withdrawal

process of the initial regulation is to report to the Minister of Internal

Affair at least 15 days after the letter receive (letter was received on March

2, 2005). After the letter released there no positive respond from the local

government of Sukabumi and the result of the local regulation approved by LASA

is also unrealized. Thus LASA urge the Department of the Internal Affair to

withdraw the regulation soon.

 

In fact the withdrawal is not only come from LASA, the Treasury

Department also propose the Internal Affair Department to withdraw the local

regulation of Sukabumi for it imposes tax from object protected under the law.

Hence the Treasure Department pronounces that the local regulation is fairly

enough to withdraw. Besides to struggle the case nationally, LASA ask help from

ACATF to send petition to the regent of Sukabumi. The petition points appeal of

the local regulation No.2 in 2001 and the result is that some organizations of

Asian Conservation Alliance Task Force (ACATF) members' send the petition. The

organizations are:

 

1. Friends of the Asian Elephant, Bangkok/Thailand

 

2. Wildlife Protection Society of India

 

AS the result, on April 29 2005 The Minister of Internal Affair releases Decree

of No. 92 in 2005 about the annulment of the local regulation No.2 in 2001.

Unfortunately, the annulment has not yet stopped the trade on sea turtle eggs in

Sukabumi. Thus, LASA continue urges the Minister of Internal Affair, the

Minister of Forestry and the Head of National Police of Indonesia to take quick

action to save the sea turtle population in Indonesia.