Nurul Fitri Ramadhani, Jakarta – No one can deny that living life as a victim of a terrorist attack, or indeed of wrongful arrest, is heartbreaking, as efforts to heal psychological and hidden physical scars are not an easy task to perform.
Victims frequently continue to live in trauma, thus making it difficult for them to completely recover from their experiences.
Unfortunately, this situation is made worse by state ignorance or reluctance to hear voices of the victims and, instead, preferring to focus on actions against the perpetrators, many of whom have already died in the course of their suicidal acts.
Such victims, however, may now get some relief as the House of Representatives has pledged to accommodate their rights, such as compensation and medical, psychological and psychosocial rehabilitation, in the amendment to the 2003 Terrorism Law currently being deliberated.
Muhammad Syafi'i, chairman of the House special committee for the terrorism bill, said on Wednesday the draft of the law revision would specify a provision about the implementation of care for victims after terrorist attacks, including calculation of compensation and rehabilitation programs.
"This is a crucial point in the law. So far, the Criminal Code stipulates that there is a victim if there is a perpetrator. But, when the perpetrator dies, should we ignore the victim?" said the Gerindra Party lawmaker.
The protection and compensation of terror victims is already a priority under the Witness and Victim Protection Agency (LPSK) Law. The agency is obliged to provide legal and physical security for victims, and provide medical, psychological and psychosocial assistance. It also helps victims to obtain their rightful compensation from the government and perpetrators.
"But the implementation is not effective as there is no instruction from higher legal instruments and the law does not state clearly who has the authority to determine who the victims are," Syafi'i said. "Thus, we will regulate this in the revision of the Terrorism Law.
LPSK chairman Abdul Haris Semendawai revealed that of the hundreds of victims listed with the agency, less 10 percent of them had received psychological or psychosocial rehabilitation. None of them had obtained official compensation from the government. "Most of the cases were stuck in courts, even though the law has recognized victims' rights," Abdul Haris said.
He pointed out that it was difficult to help victims obtain compensation as the allocated budget for victims and witnesses was in the hands of the Finance Ministry. "The budget should be given to some institution so that the LPSK can immediately give compensation to the victims without complicated dealings with the ministry," he added.
With particular reference to protection of victims of wrongful arrest, the Commission for Missing Persons and Victims of Violence (Kontras) suggested that it would be better for the House, especially Commission III overseeing security, human rights and legal affairs, to evaluate first the performance of the National Police's antiterrorist squad Densus 88 in taking measures against suspected terrorists before they continued the deliberation.
"Otherwise, the revision will answer nothing as it has yet to address the root causes," Kontras coordinator Haris Azhar said.
Source: http://www.thejakartapost.com/news/2016/05/26/terrorism-law-uphold-rights-victims.html