The MV Hika Rigo, a Singapore-flagged dredging vessel, had barely left waters off Tanjung Pinang in Riau when KRI Barakuda, an Indonesian naval patrol ship, stopped and boarded it. The Hika Rigo had no valid documents allowing it to take the sand so the crew was apprehended.
The Hika Rigo's actions on August 26 were quite daring, given that Indonesia had seized seven dredgers in the previous month. Until now the government task force on the quarrying of marine sand has not released them yet. Five are at anchor in Tanjung Uban Harbor and the other two lie at Tanjung Balai Karimun.
The navy's strict enforcement deserves high commendation. Moreover, it had seemed that illegal sand dredgers were untouchable by the law as they clawed at our sea bottom so neighboring Singapore could have more land. The Lion City has been able to expand its area by more than 120 square kilometers, thanks to both legally and illegally imported sand from Indonesia.
The thieves had their reason for being so daring. “So far they have always considered Indonesia a no-man's land," said Rokhmin Dahuri, Minister for Fisheries & Maritime Affairs. Law can be bought, a vessel can be apprehended and released as was the case with two Dutch-flagged vessels nabbed recently.
The seven vessels in custody are the Vasco da Gama, Professor Corjunof, Samsung Apollo, Lange Wafer, Alexander Von Humboldt, TB Jasmine and TB Olivia.
They had been apprehended, according to Tanjung Balai Karimun Naval Base Commander Lt. Col. Ludin J.P.S., because “the ships captains couldn't show any original documents." Neither could they show any permit issued by the local government, as well as their violation of laws on mining, environment, navigation, immigration, and other statutes.
A local company, PT Equator Reka Citra, hired the seven vessels. It is owned by an old player in the sand business, Jhony Rosadi, a longtime buddy of Tommy Suharto and his business crony Ricardo Gelael. Another player is PT Pola Kendali Karimun. Neither Rosadi nor Gelael were available for comment. One employee at their head office on Jalan Birah, Kebayoran Baru, said that his bosses were in Bandung.
Other significant names linked to the sand mining business are former banker Dicky Iskandar Dinata and Sedco Group chief Setiawan Djody. However, Djody denied any involvement with illegal sand mining, believed to be worth trillions of rupiah, or the seized ships. “I even suggested to the minister that he should auction the ships, then I might buy them," he said.
One of the Equator controllers at Batam, Rico Riswanda, denied that he had failed to provide the ships with the necessary documents. Riswanda told TEMPO: “How is it possible that I would do the mining without proper documents?"
A decision has been made on the fate of the seven vessels: they won't be released, according to orders received from Minister Dahuri. On August 28, trial documents had reached the prosecutors at Batam and Tanjung Pinang. However, the rules regarding seized vessels are anything but watertight. A ship can be released as long as the owner pays a sum amounting to 50 percent of the vessel's value and has to be anchored when the trial is in process.
However, precedent would indicate that the ships should not be released. Prosecutors recall the case of the MV Amsterdam Zeist, which fled jurisdiction before a court decision had been made. Singapore is only a short distance away. An expert on marine law, Chandra Motik Yusuf Djemat, is of the same opinion. “Those vessels should be brought to Jakarta," he said.
Djemat is also worried about the judicial system. He advised prosecutors to be careful in choosing charges, warning that the ship's owners could get off on technicalities. If they only use articles on shipping and immigration, the jail sentence will only be at the most one year and a fine of hundreds of millions of rupiah. If that happens, Djemat added, the thieves will decide it is worthwhile to continue stealing.
Edy Budiyarso, Rumbadi Dalle (Batam)
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