The 38-year-old cried uncontrollably after hearing his charges at the Denpasar District Court, Bali, on September 5, 2024. The hearing went viral on several social media platforms and attracted the attention of the public, including some politicians.
The community came forward to lend moral support to Sukena, who admitted that he did not know that the porcupines, which are considered pests by locals in his area of residence due to their habit of eating coconut seedlings, are protected animals.
The hashtags #We are with Sukena, #Free Sukena, and #No Viral No Justice became popular on social media timelines after netizens described the charges against Sukena as excessive for common people, especially at a time when several officials involved in corruption cases have been awarded lighter sentences.
According to Sukena, he initially kept two Javanese porcupines, which he obtained from his in-laws' garden. He kept the porcupines due to his love for animals, and they multiplied into four.
When Bali Regional Police officials came to Sukena's residence in Bongkasa Pertiwi, Abiansemal district, Badung, they found that Sukena did not have a permit to keep Javanese porcupines.
The four porcupines were taken to the Bali Natural Resource Conservation Agency (BKSDA). Sukena was detained and named a defendant in the case.
On September 12, Sukena was released from the detention center and put under house arrest with the approval of the panel of judges.
On September 13, following a public outcry, the Bali High Prosecutor's Office demanded that Sukena be acquitted. The prosecutors argued that the defendant did not violate Article 21 Paragraph 2a of Law Number 5 of 1990 with malicious intent or mens rea.
The article prohibits catching, injuring, killing, keeping, owning, transporting, and trading live protected animals.
"We demand that the panel of judges declare that defendant I Nyoman Sukena was not proven legally and convincingly to have malicious intent or mens rea to own and keep protected animals in the form of four Javan porcupines," prosecutor Gatot Hariawan said.
The mitigating factors for the defendant were that he regretted his actions, had no intention of commercializing the porcupines, was not a repeat offender, did not understand the rule that porcupines are protected animals, and was polite and admitted to his actions, leading to a smooth trial.
After securing his release from the detention center, Sukena expressed his gratitude and happiness. He thanked all parties who helped him get free from the clutches of the law and said that the incident was a valuable life lesson.
"I have accepted it. I consider this a valuable experience in my life," he said. He was accompanied by his wife Ni Made Lastri (34).
He further said that he was disheartened by the experience and will be more cautious in keeping animals.
The verdict hearing in the case is scheduled for September 19.
While it is commendable that Sukena may dodge a prison sentence, the incident underscores the need for greater public understanding of laws on protected species.
The fact that Sukena was unaware of the porcupines' protected status highlights a knowledge gap that could lead to unintended consequences.
In response to Sukena's case, the Ministry of Environment and Forestry (KLHK) has underlined its commitment to raising awareness about laws on protected animals and providing guidance to individuals who unintentionally keep or harm such species.
"We actively conduct socialization, but in certain areas, we might intensify our efforts," director general of natural resources and ecosystem conservation at the KLHK, Satyawan Pudyatmoko, said.
The ministry will also put emphasis on education and voluntary surrender rather than immediate enforcement, he added.
This is aimed at ensuring that all individuals, regardless of their background, are treated fairly and provided the necessary support.
Earlier this week, Piyono, 61, a resident of Malang, East Java, was sentenced to five months in prison for the possession of five alligator gar fish.
Alligator gar, native to North America, is considered an invasive species in many parts of the world, including in Indonesia. These fish can significantly disrupt ecosystems by outcompeting native species for food and habitat.
Through his attorney, Piyono argued that the alligator gar fish he owned were not released into the wild but kept in his private pond since 2008.
He bought the fish from an animal market in Malang city and indicated that the relevant parties had not provided sufficient information about the type of fish.
Both Sukena and Piyono contended they were unaware of regulations prohibiting the possession of these animals.
The Minister of Environment and Forestry's Regulation P.106 of 2018 lists 904 types of protected plants and animals in Indonesia, including the Javan porcupine.
Additionally, the Regulation of the Minister of Maritime Affairs and Fisheries Number 41 of 2014 prohibits the possession of at least 152 species of fish that are considered dangerous to the Indonesian ecosystem.
While the Ministry of Environment and Forestry has regulations in place to protect native species, the case of Piyono highlights the challenges of regulating the trade and possession of non-native species.
On the one hand, the issuance of Ministerial Regulation P.106/2018 and Number 41/2014 demonstrates the government's effort to protect biodiversity.
On the other hand, effective enforcement of these regulations is essential to deter individuals from keeping prohibited species.
The availability of exotic species in local markets also raises questions about the regulation of the pet trade and the need for stricter controls to prevent the introduction of invasive species.
Therefore, public awareness and enforcement remain crucial for effective conservation.
In view of this, the government must intensify public education campaigns to raise awareness about protected and invasive species, their ecological significance, and the legal consequences of possessing them.
This can be done through various channels, including schools, community events, and social media.
The government must also implement stricter regulations on the import, sale, and possession of exotic species. This could include requiring permits, conducting inspections, and imposing penalties on those who violate the regulations.
Empowering local communities could also help strengthen enforcement efforts and promote a sense of ownership in protecting biodiversity.
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Editor: Rahmad Nasution
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