Pollution by pesticides In Indonesia, records of the Secretariat of the Commission for Pesticides of the Ministry of Agriculture showed that there are now available 352 brands of pesticides with 150 types of formulation; in 1980 there were only 286 brands with 75 types of formulation. The pesticides industry has been growing rapidly because agricultural development is a priority in Indonesia's development program. There are now 50 licence-holders representing pesticides companies abroad, and some of these represent more than one company. Some cases resulting from pesticides are as follows: · 12 persons died because the food they ate at a traditional feast held in Plaeng, Klaten (Central Java), contained DDT. · 3 persons in Bojolali died because the food they ate was contaminated with DDT. · 18 transmigrants in North Lampung became the victims of rodent poison. · In both East and West Java, thiodan pesticide killed fish on farms. · 36 persons died in Tulungagung because the flour and frying oil they used were contaminated by pesticides. The Execution of Environmental Legislation The fact that environmental legislation is now being put into effect does not at all mean that cases of environmental pollution and damage have been directly and completely solved. One of the problems faced in the execution of this legislation is the constraints found in the procedural technique for the penal law, particularly as related to such matters as proof that require skill in data analysis. Some of the problems are indicated by the following cases. The case of the Birds of Paradise (Cendrawasih Bird) This case concerns the smuggling of 163 Birds of Paradise. This was the first environmental case tried in court, and was adjudicated by the State Court of Sorong in November 1984. The accused was charged with damage to the environment under environmental legislation, known as UULH. He was found guilty of committing a criminal act and was sentenced to 4 years and 6 months imprisonment, and fined twenty million rupiah.

However, the High Court of Irian Jaya later amended the sentence to six months imprisonment and surrender of the birds. Nevertheless, using the UULH as the legal basis for this case represented a breakthrough in the law enforcement of the UULH in court. The case of the 'Tahu' (soybean cake) waste This case was brought to trial as an environmental offence, namely the pollution of the Surabaya River. The judge decided that the accused was proven to have committed the offence, but that it was not a criminal act, that is it did not cause environmental pollution. However, the public prosecutor appealed against this verdict. In the meantime, a study of the files of the case revealed that the case did not belong to the environmental offence category based on UULH legislation because violation of the quality of the environment is not identical with environmental pollution; rather, such violations should be subject to administrative sanctions. The case of Sibatuloting In October of 1988 the WALHI (Indonesian Environmental Forum), lodged a complaint against the Government of the Republic of Indonesia before the State Court of Central Jakarta on the grounds that it had issued a licence for the establishment of a pulp factory and a concession for the exploitation of forests at Sibatuloting, North Sumatra, without regard to established legislative procedures for environmental management and assessment of environmental impact, resulting in the destruction of the forest at Sibatuloting and landslides around the area. In response to the charge, the public prosecutor, on behalf of the Government of the Republic of Indonesia, appealed to the court to reject the complaint of the WALHI on the grounds that the WALHI had no legal standing to submit its complaint. In reply, counsel for WALHI argued that the provisions of Act No. 4 explicitly recognise the environment as a legal subject. The environment with all its elements such as mountains, rivers, lakes and forests, function to provide life and welfare for man; it is, therefore, the right of the environment to be preserved and protected from threats of pollution and damage. It was further argued that the Government as a public body is obligated to represent the interests of the environment. However, if the Government neglects or intentionally fails to carry out such obligations, then a non-government organisation that has proven itself to have been continuously active in the development and preservation of the environment has the right to represent its interests. Ultimately, the State Court of Central Jakarta accepted the WALHI as the claimant representing the interests of the public. Conclusion In Indonesia, the application of Act No. 4 is a new thing. This represents a challenge to law-enforcers¾police, public prosecutors, judges and lawyers. The strategy of development without damage or pollution of the environment, in combination with the efforts to develop organisations protecting the environment, is a theoretically appropriate one for preventing and dealing with criminal acts against the environment. Nevertheless, the success of this strategy, especially in dealing with corporate crime, lies in taking into account structural and cultural aspects. Clinard & Yeager (1980) state: in studying crimes that are related to businesses it is necessary to consider the presence of a 'sub-culture of industrial deviance' and a 'sub-culture of violence' that affect the people engaged in the businesses in facing particular situations. They also state that violations by companies are affected by such factors as the pursuit of profit and weakness in the execution of legislation. In respect to the latter point, they refer to the attitudes of companies and legal bodies which do not look upon violations by companies as 'crimes or criminals', at least from the moral point of view (Clinard & Yeager 1980). Based on the above description of the nature and the scope of the problems of crime against the environment, it can be said that in principle the determination of the criteria of such crimes must be judged by considering the following aspects: first, the social impact of the offence and second, the physical impact on the environment. Both these aspects can be assessed as crimes. The process of criminalisation of such actions is bound to proceed amidst difficulties, because violations of rights to a good and healthy living environment cannot in principle be disconnected from the issue of the 'privileges' of the violators, who are usually the ones who enjoy the benefits in the existing power relations. For success, the following steps are necessary: n clear formulation of the definition of crime against the environment; n application of that definition by the authorised apparatus with a juridical basis; n communication with the public so that it will be possible to expect popular support for the enforcement of the law on crimes against the environment. References Canada, Law Reform Commission of Canada 1985, 'Protection of Life. Crimes Against the Environment', Working Paper 44, Law Reform Commission of Canada, Ottawa. Clinard, Marshall B. & Yeager, P. C. 1980, Corporate Crime, New York, The Free Press. Danusaputro, St. Munadjat 1981, Environmental Act: Book I, Jakarta, Bina Cipta. Environmental Crisis in Asia-Pacific 1984, Declaration and Resolutions of the Seminar on Problems of Development, Environment and Natural Resource Crisis in Asia-Pacific, Penang, Sahabat Alam Malaysia. The Centre for the Study of the System of Criminal Law and Jurisdiction, 1980, 'A Review of the Development of Special Delicts in Modern Society', working paper presented in the Symposium on the development of special offences in a society experiencing modernisation', Surabaya, Faculty of Law of University of Airlangga and the BPHN. The National Legal Development Board, Ministry of Justice 1985, Report on the Study of New Dimensions of Crime in Relation with Modern Technology, Jakarta. Warta Konsumen 1985, Year C No. 113, August.

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