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NGO drafts regulation on victim restitution

Source
Jakarta Post - February 23, 2007

Jakarta – A coalition of non-governmental organizations (NGOs) is drafting an alternative regulation on compensation and restitution for the victims of human rights abuse and crime, at the same time as the government is drafting its own.

"We want to give some input to the government team currently discussing the regulation on compensation and restitution, and we are collecting public opinion on the current situation as well as all regulations related to these matters," Illian Deta Arta Sari, of the Coalition for the Protection of Witnesses and Victims, said Thursday.

The coalition comprises organizations including the Indonesia Corruption Watch, the Commission for Missing Persons and Victims of Violence (KONTRAS), Elsam, the Jakarta Legal Aid Institute (LBH Jakarta) and the LBH APIK women's organization.

The coalition says there are already regulations related to compensation, such as Law No. 20/2000 on human rights trials and Government Regulation No. 3/2002 on compensation, restitution and rehabilitation for victims of gross human rights violations. However, they say the implementation of these laws and regulations has not been effective.

"We want to make sure that this new regulation benefits the victims, including those in human rights cases," said Illian.

"Most regulations in this country are more offender-oriented, and pay less attention to the victims," said Fachri Bey, a senior lecturer in Victimology and Child protection at the University of Indonesia.

He cited the example of the Commission on Truth and Reconciliation, which requires victims to forgive perpetrators as a condition for compensation.

"The government's draft also lacks the victims' perspective, and doesn't guarantee fulfillment of the rights of victims," he said, adding that the mechanism to get compensation was complicated and long.

"This new government regulation should provide simple and easy access for victims to get their compensation," Illian said.

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