Witness protection law 'crucial'
Tony Hotland, The Jakarta Post, Jakarta
As lawmakers gear up to deliberate the long-awaited law on the protection of witnesses and victims of violence, experts have said that it must be comprehensively discussed and detailed in order to push forward judicial reform.
The House of Representatives agreed last month to sponsor the bill, which is just one of 55 bills on a priority list for enactment this year, and is as seen crucial in order to crack major cases that often go unresolved because witnesses are unwilling to testify.
Lawmakers said witnesses have not been given adequate rights in order to ensure their safety.
A draft of the bill seeks to establish facilities to provide protection to witnesses and victims through the whole process of a trial heard in either public or in military courts.
According to the draft, protection will be provided by a special agency under the President. It would have seven members who come from the National Commission on Human Rights (Komnas HAM), the police, the Attorney General's Office, the justice ministry, academics, and non-governmental organizations.
A person who feels threatened may make a request for protection to this agency. A decision as to whether or not to grant protection would be determined within seven days of the request being filed.
A witness or victim would need to sign an agreement in which he or she promises to abide by all rules set down by the agency, including not making contact with particular persons.
Under the draft, a witness or victim will be entitled to certain rights, including protection from physical or psychological threats that may result from his or her testimony in a criminal case. They will also have the right to legal assistance.
Witnesses or victims may be given new identities. They would be given information on the progress of the case, as well as bring notified if persons sentenced to terms of imprisonment as a result of the case have been released from prison.
To ensure confidentiality, a witness or victim would be allowed to give testimony without having to be present in the court, with the approval of the judge presiding over the case.
Acts of violence towards witnesses and/or victims that result in them not being able to testify would carry a maximum sentence of four years in prison and/or maximum Rp 200 million (US$20,408) fine.
Anyone found guilty of revealing information about a protected witness or victim would be subject to a maximum three years in prison and/or a maximum Rp 100 million fine.
Commission for Missing Persons and Victims of Violence (Kontras) coordinator Usman Hamid said the law should also spell out the basis on which witnesses or victims are granted protection.
"Whether it's on the basis of the profile of the case or on the possible level of threat, because it's not possible to provide protection in every criminal case," he said, taking gross human rights violations and corruption cases as examples.
Usman said the government should empower existing institutions instead of setting up a new agency to avoid overlapping and to cut through red tape.
"We already have the Corruption Eradication Commission, Komnas HAM, the police, and the Attorney General's Office. It's already part of their job to protect witnesses or victims.
Apart from this, setting up branches for a new agency across the country would be costly. In addition, any new agency would be non-judicial in nature, while the existing institutions are already judicial," he argued.
Noted lawyer Todung Mulya Lubis said providing protection to witnesses and victims was quite complicated, thus coordination among related institutions was essential.
The House is slated to start deliberating the bill after its current recess ends in August.