Witness Protection in Indonesia

1. Witness Protection in Indonesia

2. Witness protection programme in Indonesia started in 2008, based on Law Number 13 of year 2006 concerning Witness and Victim Protection • LPSK conducts the witness protection programme in Indonesia • The programme funded by state budget • The first witness who was under LPSK’s protection is related to corruption case • For the first time, LPSK had very limited facility in conducting protection

3. THE BACKGROUND OF WITNESSES AND VICTIMS PROTECTION AGENCY The spirit to eradicate corruption and to perform good governance, which occurred after the 1998 (reformation era) People Assembly Decree No. VIII Year 2001 UN Convention Against Corruption 2003 11 August 2006 Law No. 13 of 2006 on the Protection of Witness and Victim 8 August 2008 Witness and Victim Protection Agency (LPSK) was established

4. Regulations Related on Witness and Victims Protection in Indonesia Law number 26 of year 2000 concerning human rights court Law number 15 of year 2002 concerning money laundering crime which is revised in to Law number 8 of year 2010 Law number 23 of year 2002 concerning Child Protection and it has been revised in to Law number 35 of year 2014 Law number 30 of year 2002 concerning Commission on Corruption Eradication

5. 5. Law Number 15 of year 2003 concerning combating terrorism 6. Law number 23 of year 2004 concerning Elimination of Domestic Violence 7. Law number 13 of year 2006 concerning Witness and Victims Protection as revised in to Law number 31 of year 2014 8. Law number 21 of year 2007 concerning Eradication of Trafficking in Persons

6. Priority Cases • Corruption • Trafficking in persons • Narcotics and psychotropics • Sexual offense against child • Terrorism • Money laundering • Gross violation of human rights • Torture • Other criminal acts which make witness/victims’ life in dangerous

7. Subjects to be Protected • Witness of crimes • Victims of crimes • Justice collaborator • Whistleblower • Expert

8. The Rights of Witness and Victims of Crimes • Physical protection, including family and their property • free from threats related to their testimony • Participate in the process of selecting and determining the form of protection and security support • Provide information without any pressure • Obtain interpreter as needed • Free from any misleading questions • Obtain information on the progress of the case

9. Obtain information on court decision • Obtain information about the release of the offender • Securing new identities • The right to be relocated • Obtain reimbursement for transportation cost as needed during the protection program • Obtain legal advice; and/or • Obtain temporary living cost aid during the protection program • To be assisted in any criminal justice proceeding

10. Type of Protection Article 6 ASSISTANCE OF MEDICAL, PSYCHOLOGICAL & PSYCHOSOCIAL Article 5 PROTECTION Article 7 RESTITUTION – COMPENSATION • The effort of protection in order to provide safety in giving information. • Including : • To provide security and escort • The fulfillment of Procedural Rights • To provide safe house • To assist in any criminal proceedings • To have video conference • Legal protection • Victims through the Agency is entitled to: • The right to compensation in cases of gross violation of human rights and terrorism • The right to restitution which is the responsibility of the perpetrators of criminal acts. • Decisions on compensation and restitution was given by the court. • Given to: • Victims of gross human rights violations • Victims of terrorism • Victims of torture • Victims of sexual criminal offense • Victims of serious abuse • Victims of Crime who are potential to be witness and will testify, either in the process of the investigation until the courts.

11. Protection for Justice Collaborator Special Treatment Rewards • Separation of filing • Separation of the place of detention • to testify without dealing directly with offenders • Commutation • Parole • Additional remision

12. Protection for Whistleblower Free from charges, both civil or criminal justice proceedings upon his/her testimony In the case that there is legal lawsuit against whistleblower upon the testimony and/or statement, it must be postponed until the case that she/he reported has been stipulated by the court and has been legally binding.

13. Data of Protection Admission to LPSKJanuary – June 2016total: 973

14. DATA OF PROTECTION AND ASSISTANCE SERVICES

15. Data Of Physical Protection Based on Type of Crimes January – June 2016

16. Experience on Cross Border Protection for Victims Witnesses • Trafficking in persons case in Benjina-Maluku in 2015 (Benjina Case) • More than 500 victims of this crime are Myanmar citizen and the others are Cambodian • LPSK provided : safe house and security, escort from Yangon-Jakarta-Tual-Jakarta-Yangon • 4-9 December 2015 : 13 of them testified in Tual District Court (Indonesian Court) • Good collaboration among LPSK-Myanmar Police (CBTIP/anti trafficking unit)-Indonesian Embassy in Yangon

17. Recommendation • Increasing regional cooperation on the protection of witness and victim of crime, especially for trafficking in person cases • Establishing a guideline on the cooperation of cross-border protection for witness and victim of trafficking in person

18. Thank You