Indonesia‘s rich biodiversity and complex geology have lured scientists from abroad for centuries. But a law adopted on 16 July 2019 by Indonesia’s parliament may convince some to go elsewhere. The legislation includes strict requirements on foreign scientists doing research in Indonesia, including the need to recruit local collaborators and a near-ban on exporting specimens, along with stiff sanctions, including jail time, for violators.
Muhammad Dimyati, director-general of research development at Indonesia’s Ministry of Research, Technology, and Higher Education (commonly known as RISTEK) in Jakarta, says the law is needed to protect Indonesia’s natural resources and develop the country’s research enterprise. But some Indonesian scientists fear the consequences. “Our international collaborations will be stifled,” says Berry Juliandi, a biologist at Bogor Agricultural University and secretary of the Indonesian Young Academy of Science. Indeed, marine biologist Philippe Borsa of the French Research Institute for Development in Montpellier says the law—and an increasingly unfriendly climate for foreign researchers—is a reason for him not to return to Indonesia, where he has studied the phylogeography of stingrays.
The new law also establishes the National Research Agency, a giant new institution that may subsume most government research centers, including the Indonesian Institute of Sciences (LIPI) in Jakarta. Details still need to be fleshed out, but some scientists worry the new agency will concentrate too much power in a few hands. The law’s most contentious provisions, however, are those that apply to foreign researchers.
From now on, their research has to be “beneficial for Indonesia.” They need to get ethical clearance from an Indonesian review board for every study, submit primary data and published papers to the government, involve Indonesian scientists as equal partners, and share any benefits, such as the proceeds from new drugs, resulting from the study. Researchers can’t take samples or even digital information out of the country, except for tests that cannot be done in Indonesian labs, and to do so, they need a so-called material transfer agreement (MTA) using a template provided by the government.
In most cases, violators will lose their research permit, but some offenses carry steeper penalties. Scientists who fail to obtain a proper permit will be blacklisted for 5 years; repeat offenders risk a $290,000 fine. Failure to comply with the MTA requirements is punishable by 2 years in prison or a $145,000 fine. ..Indonesia has become increasingly concerned about biopiracy. In 2018,, for instance, a dispute erupted over a genetic study of Sulawesi’s “sea nomads”—an indigenous fishing group that appears to have evolved bigger spleens to store oxygenated blood during long dives. Indonesian researchers called it an example of Western “helicopter science.”.
A 2017 document introducing the new law, signed by RISTEK Minister Mohamad Nasir, singled out another alleged example: the discovery of Megalara garuda, a giant venomous wasp, on Sulawesi, published in 2012 by entomologist Lynn Kimsey of the University of California (UC), Davis, along with a German researcher who found the same insect in a Berlin collection. LIPI entomologist Rosichon Ubaidillah tells Science that he and a junior colleague collected the wasps and that he suggested the name garuda—a mythical bird and national symbol of Indonesia—during a visit to UC Davis. But neither of them was a co-author on the paper; Ubaidillah was mentioned in an acknowledgement, his colleague not at all. Kimsey violated a memorandum of understanding between LIPI and UC Davis, he adds. LIPI, enraged, asked Kimsey to return the wasps she took home.
Excerpts from Dyna Rochmyaningsih, Indonesia gets tough on foreign scientists, Science, July 26, 2019
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Law-In-Action 