Komnas HAM Proposes Corruption Victims Should Receive Restitution of Rights

The National Commission on Human Rights (Komnas HAM) is urging the government and the House of Representatives (DPR) to immediately harmonise the Law on the Eradication of Criminal Acts of Corruption (UU Tipikor) with the Human Rights Law (UU HAM). This step is considered crucial so that corruption eradication is not only oriented towards recovering state losses, but also towards restitution for the communities who are victims of corruption. Komnas HAM member Uli Parulian Sihombing stated that a study titled ‘Corruption and Restoration of Human Rights Violations: Encouraging a Human Rights-Based Approach in Corruption Eradication’ shows that law enforcement against corruption has so far focused on recovering state finances, while victims in society have not received an adequate recovery mechanism. “Corruption eradication is still limited to the recovery of the state or state finances,” Uli said during the launch of the study in Jakarta on Tuesday (21/7). According to Uli, various complaints received by Komnas HAM indicate that corrupt practices not only harm the state financially but also create collective victims. The impacts include the loss of public access to education, environmental damage, and the obstruction of development and public services. On this basis, Komnas HAM assesses that communities affected by corruption need to be legally recognised as victims so they have the right to obtain restitution. “Corruption victims in Indonesia do not yet have legal standing,” Uli stated. Through the study, Komnas HAM recommends that the government and DPR align the provisions in the UU Tipikor with the UU HAM and the United Nations Convention against Corruption (UNCAC). Komnas HAM also proposes that anti-corruption regulations include recovery instruments for victims, such as restitution, compensation, guarantees of non-recurrence, access to justice, and the establishment of a Victim Assistance Fund. In addition to regulatory changes, Komnas HAM is asking law enforcement officials, the Witness and Victim Protection Agency (LPSK), the Ministry of Finance, and civil society organisations to strengthen protection for corruption victims. These efforts include recognising victim status, providing assistance, and utilising assets recovered from corruption to restore the rights of affected communities.