M. Taufiqurrahman, Jakarta – Legislators passed a landmark law Tuesday that affords protection to witnesses and victims of crime during the legal process, but victims' rights advocates complain its measures are inadequate.
The law, which has been in the pipeline for six years, for the first time allows for the establishment of an agency to ensure protection of witnesses and victims.
The Witness and Victims Protection Agency (LPSK) is mandated to provide protection not only to them, but also their relatives if their physical well-being is in danger.
The LPSK will also ensure victims are informed of their rights and receive appropriate assistance. Among the guaranteed rights for members of the program are freedom to choose the type of assistance and security protection, including to assume a new identity and safe location, and right to an interpreter.
The law has been praised in some quarters for broadening the definition of witness and victims to include those in cases of terrorism, gross violations of human rights, money laundering, drug crimes and human trafficking and gender-based violence.
Lukman Hakim Saifuddin of the United Development Party (PPP) said the passage of the law was a refreshing sign amid the otherwise lackluster fight against corruption.
"We have shown the public that while the government is busy preparing regulations that will protect corrupt state officials, the House can produce a law that promotes the contrary," Lukman Hakim said, noting the law would provide protection to those helping uncover corruption.
Justice and Human Rights Minister Hamid Awaluddin said the law also marked a radical departure from the existing Criminal Code Procedures (KUHAP) which only gave protection to defendants in court. "For the first time, the rights of the victim and witness are recognized," Hamid told a House plenary session.
But several non-governmental organizations argue that law only gives "half-hearted" protection. The Coalition for Witness Protection criticized the new law as merely a carbon copy of the prevailing KUHAP.
"As a result, the lawmakers failed to include whistle-blowers in the definition of witness," said the coalition, consisting among others of Indonesian Corruption Watch, the National Commission on Violence Against Women and the Jakarta Legal Aid Institute (LBH Jakarta).
Network for Pro-women legislation also criticized a stipulation in the new law which said that medical assistance and psychological rehabilitation would only be given to victims of human rights abuse. "Victims in other cases, especially domestic violence, also need such assistance," the network said.