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‘Excessive’ charge: Bali man facing jail over porcupine pets sparks outpour of public support

I Nyoman Sukena, who broke down in tears at Denpasar District Court, could be sentenced to five years in prison for keeping and rearing the protected animals. 

‘Excessive’ charge: Bali man facing jail over porcupine pets sparks outpour of public support

Javanese porcupines or Hystrix javanica are protected animals in Indonesia as they are endangered. (IStock/Tri Mintarjo)

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JAKARTA: A Bali man facing five years in prison for keeping endangered porcupines has triggered outrage over his “excessive” charges. 

Interest in I Nyoman Sukena's case spiked after a video of him crying hysterically at the Denpasar District Court on Sep 5 went viral.

The case, which netizens viewed as a form of injustice against the common people, has also garnered criticism from politicians and legal experts. 

Following the public outcry, the court granted Sukena a suspended detention on Thursday (Sep 12).

As reported by the Bali Post, the court decided that Sukena would be placed under house arrest with mandatory reporting to authorities until his next trial. He could still face the five-year sentence. 

Police arrested Sukena in early March for keeping four Javanese porcupines or Hystrix javanica at his home in Bongkasa Pertiwi Village, Badung, Bali.

He was charged with violating the law on the conservation of biological natural resources and their ecosystems, which carries a five-year prison sentence. 

Sukena, who admitted that he did not know that keeping porcupines was illegal, will remain in jail for the next court hearing despite his family's request for a suspended sentence.

The porcupines were originally found by Sukena's father-in-law in a plantation five years ago and have been nurtured by the family ever since.

After his father-in-law died, Sukena continued to care for the two porcupines until they mated and gave birth to two cubs.

However, problems for Sukena and his pets started when somebody reported him to the authorities.

The case trended on social media and a video of Sukena crying hysterically in court was widely shared. 

Later, netizens on various social media platforms spoke out in support. They uploaded pictures of the 38-year-old man with the words 'Free I Nyoman Sukena' and the hashtag #KamiBersamaSukena, meaning: “We are with Sukena.”

“Does it fulfil the sense of justice in society? Of course not. Make sure the law is not only sharp downward but also progressive for the common good. You have the right to be upset and angry,” said Ni Putu Candra Dewi, a lawyer who shared Sukena's photo on her X account last Monday.

Residents from Sukena’s village also voiced their support, saying that they believed the porcupines were not rare, and even a potential pest, according to local media. 

Mrs Rieke Diah Pitaloka, a lawmaker in Indonesia's ruling party, the Indonesian Democratic Party of Struggle (PDI-P), also compared Sukena's arrest to corruption cases, which are damaging to the state but have lighter sentences.

“Cases (of corruption) should have heavier sanctions. Do you agree, Indonesian people? Viralise this case, we help the struggle to free Nyoman Sukena,” Mrs Rieke said through her Instagram and TikTok accounts, as quoted by Kompas on Tuesday.

She compared Sukena's charges with the sentence of Toni Tamsil, in a tin corruption case that cost Indonesia up to 300 trillion rupiah (US$19.4 billion), who was only sentenced to 3 years in prison.

Mrs Rieke was one of the guarantors of Sukena's suspended detention, which was granted by the Denpasar court on Thursday.

Another member of parliament, Nyoman Parta, hopes that the sentence given to Sukena will be as lenient as possible.

“The reason is that Sukena has good intentions, keeping the porcupines to preserve them, even his pet porcupines were used for Ngayah (Balinese social tradition activities),” said Mr Parta, who is also a member of PDI-P.

Trisakti University criminal law expert Albert Aries said that the five-year charge against Sukena for keeping porcupines was a form of excessive legal application.

According to him, Sukena should have been acquitted because the porcupines were well cared for, breeding, and even used for traditional ceremonies. 

“It is useful for the local indigenous people, so he should be acquitted or at least released,” Albert was quoted as saying by Kompas.

Another legal observer, Hardjuno Wiwoho, said judges should apply the principle of justice, not just the black-and-white rules written in the law.

Hardjuno said Sukena's case was also important to spread awareness of the rules on protected animals. 

“Without adequate knowledge sharing it is reasonable that ordinary people do not know this rule,” he told Detik.

The Indonesian government protects the Javan porcupine as it is threatened with extinction due to poaching and loss of natural habitat. 

This herbivorous animal, often found in Java and Bali, is commonly hunted for its meat, thorns or stone-like internal organs called bezoar. 

There are an estimated 300,000 species of wildlife, or around 17 per cent of the world's animals, in Indonesia.

According to a report by the Indonesian Ministry of Environment and Forestry (KLHK), there are 137 species of mammals, 37 species of reptiles, 26 species of insects and 20 species of fish that are protected under the law because they are considered endangered.

Following Sukena's case, KLHK said it would intensify spreading awareness about protected animals to the public.

“There are many types of protected animals, so we have conducted so many publicity efforts,” the ministry's natural resources and ecosystem conservation director general, Satyawan Pudyatmoko, said on Tuesday, as reported by Antara news agency.

“But perhaps for certain areas we have to intensify the information efforts for protected animals,” he added.

Source: CNA/da(ao)
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