Komnas HAM Urges Legal Recognition for Corruption Victims
Jakarta (ANTARA) - The National Commission on Human Rights (Komnas HAM) is pushing for the harmonisation of the Law on the Eradication of Criminal Acts of Corruption with the Human Rights Law, so that victims of corruption obtain legal recognition and remedies, rather than the focus resting solely on recovering state losses.
Komnas HAM member Uli Parulian Sihombing said the study “Corruption and Human Rights Violation Remedies: Promoting a Human Rights-Based Approach to Corruption Eradication” showed that the current approach to combating corruption still places the state as the primary victim, whilst affected communities have yet to obtain an adequate remedy mechanism.
“Corruption eradication is still limited to recovery for the state or state finances,” Uli said at the study launch in Jakarta on Tuesday.
According to Uli, the various complaints received by Komnas HAM show that criminal acts of corruption also create collective victims, such as the loss of access to education, damage to the living environment, and disruptions to development and public services.
Komnas HAM considers that this situation demonstrates the need to recognise communities as victims of corruption, including granting them legal standing so they can access remedy mechanisms.
“Victims of corruption in Indonesia do not yet have legal standing,” she said.
Based on the study, Komnas HAM recommends that the government and the House of Representatives (DPR) harmonise corruption regulations with the Human Rights Law and the United Nations Convention Against Corruption (UNCAC), while incorporating remedy instruments in the form of restitution, compensation, guarantees of non-repetition, access to justice, and a Victim Assistance Fund.
Komnas HAM is also encouraging law enforcement agencies, the Witness and Victim Protection Agency (LPSK), the Ministry of Finance, and civil society organisations to strengthen the protection of corruption victims’ rights, through the recognition of victim status, assistance, and the use of recovered corrupt assets for community remedy.