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Strengthened whistle-blower protection bill picks up steam

Source
Jakarta Globe - May 7, 2011

Ulma Haryanto – Prospective whistle-blowers are one step closer to being assured of stronger protection and "rewards" in the eyes of the law after a draft bill left the witness protection agency's hands.

The Witness and Victim Protection Agency (LPSK) together with the Judicial Mafia Eradication Task Force on Friday submitted the draft revision of a witness protection law to the Justice and Human Rights Ministry.

It is hoped the revision will encourage whistle-blowers suspected of crimes to come forward, with an opportunity for them to receive lighter sentences or a pardon.

"We hope that there is an increase in people's participation in disclosing crimes. Without proper reward and protection, people would think twice before digging their own graves," said Abdul Haris Semendawai, LPSK chairman.

Abdul said the current law on witness protection offered safeguards and incentives to criminally suspect witnesses, but had been implemented in a supplementary decree usually ignored by judges who deemed it legally flimsy.

"The law actually has a governmental decree that details such technicalities," he said. "However, in practice, everything is up to the judges to decide."

The proposed revision would weld the whistle-blower protection and leniency provisions into the law itself to give them a stronger legal footing. It would also propose delaying prosecution of whistle-blowers so they would not be forced to stand trial while also testifying in criminal cases they exposed.

In one of the more high-profile cases highlighting the issue, former lawmaker Agus Condro was arrested in the 2004 Miranda Goeltom bribery case, which only came to light when he exposed it.

"Our intention is to encourage the disclosure of organized crime practices, be it corruption or other forms of judicial mafia [activity]," said Mas Achmad Santosa, a task force member.

Justice Minister Patrialis Akbar said that after being studied, the draft would be submitted to the Coordinating Ministry for Political, Legal and Security Affairs.

"We want LPSK to run effectively," Patrialis said. "The agency is needed to push corruption eradication. Whistle-blowers should feel safe if they want to report."

Patrialis declined to say whether the draft would be discussed at the legislature this year.

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