Crime victim protection act needed: Expert

One aspect of crime which is often overlooked is the protection of the victims and their relatives. Criminologist Harkristuti Harkrisnowo says that NGOs can play an important role in this issue.

Question: A recent spate of crimes has prompted some people to think about the need for a crime victim protection act. What do you think about it?

Answer: Legislation on crime victims is a real need, indeed. But to enact legislation takes a long time, so I suggest that you find an institution whose main task is helping crime victims. We can start with victims of violence, who are mostly grassroots level and are vulnerable to violence. This includes victims of sexual assault. Although some may come from more prosperous families, they usually don't have access to medical or psychological assistance. The institution, therefore, can focus on these types of victims. It can be established in the form of an NGO (Non-governmental organization). So there's no need to wait for legislation to do that. Besides, legislation on it entails a financial burden on the government.

Q: What do you mean?

A: Under legislation, the government has the responsibility of providing financial compensation. This means the fund has to be allocated in the national budget, and this is not easy. It's very complicated. Through an NGO, fund-raising will be relatively easier to handle.

Q: What kind of NGO do you have in mind?

A: About two years ago, a legal counseling institution of the Golkar political organization, of which I happened to be a member, discussed the issue. We had two important goals at that time: The founding of an institution to help victims of violence and the formulation of a bill on them. But so far, there doesn't seem to be any follow-up on the discussion. It would be good if Golkar's counseling institution begins discussing it again. They already have the basic concept. They can invite other NGOs to offer more input. There is an institution I know of, the name of which escapes me, that was founded by a criminologist at the University of Indonesia which helps victims of sexual abuse. But since they have a limited budget and a small number of volunteers, they reach only a very limited number of victims. We also have Kalyanamitra, another NGO, which helps mostly victims of sexual abuse and domestic violence victims. But I don't know for sure what assistance they provide.

Q: What about similar programs in other countries?

A: The United States has what they call the Victim and Witness Protection Act, which came into effect in 1984 at the federal level. Most of the states there have applied it under, for example, a victim's compensation program or a victim's bill of rights. The program is usually carried out by social workers of either the Public Safety or Social Welfare Department.

They provide financial, medical, as well as psychological assistance to victims. If a victim dies, the government will take care of the funeral. But this assistance can only be obtained if the crime is reported to the police. There is also a deadline to submit the claim.

It's also interesting that under the act, a victim has the right to be kept informed about the progress of the investigation of their case. With help from social workers, the victims are even allowed to conduct a pre-trial investigation and then present what is called a "victim impact statement" to the judge in charge of their cases. In most cases, such a statement influences a judge's verdict.

Q: Here in Indonesia, when we are talking about a victim protection program, financial compensation seems to be all that a victim of violence needs. Your comment?

A: There are two kinds of victims: direct and indirect. A direct victim is, for example, a sexually abused women or a domestically abused wife, while Udin's children, for example, are indirect victims.

For direct victims, especially those who are sexually abused, the most important thing they need are medical and psychological assistance. Studies show that the damage caused by sexual violence is terrifying, because it can produce long-term trauma.

For indirect victims, on the other hand, such assistance is hardly necessary. Financial support is more appropriate, especially when the direct victim dies or has been injured to the point that he or she is unable to earn money as head of the family.

Here, we must have a clear criteria to decide whether or not financial compensation should be given to indirect victims. We have a tendency here to see if there is a loophole we can make use of to take advantages.

Q: What criteria do you think is necessary?

A: Financial support is only given to those who are under the responsibility of a direct victim who dies or has been seriously injured. It also has to be made clear for how long the support will be given. This will prevent the institution from being snowed under by one or two cases, forcing them to abandon many others.

It's also possible for the institution to act simply as an intermediary for the victims to get help from other people, for example, from their neighbors or relatives. Neighbors and relatives can provide a foster home for them. Our culture, in which mutual assistance is a way of life, is very supportive of such a program. The institution, therefore, is not always required to raise money to handle its victim compensation program. (swa)

Dr. Harkristuti Harkrisnowo is a lecturer in criminology at University of Indonesia.