Daud Ndakularak, a Whistleblower of a Corruption Case in East Nusa Tenggara Who Is Prosecuted

The numbers of Whistleblowers or informer facing threats and intimidations in Indonesia remains high. The protection mechanism against them still requires serious attention. Whistleblowers are one of the most important supporters of law enforcers, particularly in organized crime cases.

The pattern of threats and intimidations against Whistleblowers are still in the same trend, it is either by physicaly, psychologicaly and administratively or being reported for commiting defamation. The Witnesses and Victims Protection Agency’s (LPSK) 2016 Record shows us an increasing number of Whistleblowers being intimidated. Previously in 2015, there were only 4 Whistleblowers who were protected by LPSK, those are involved in corruption cases. In 2016, LPSK has provided protection for 36 Whistleblowers related to various cases, such as corruption, torture and other criminal offenses. This number indicates the increasing number of threats and intimidation towards them.

Whistleblowers in LPSK in 2016: Corruption cases (26 persons), Torture (4 persons), Maltreatment (4 persons), Malpractice (1 person), Maladministration (1 person). In total there were 36 persons under the protection of LPSK.

ICJR finds that the inclining threats towards Whistleblowers in Indonesia should be taken into account. ICJR is currently finding several whistleblowers of corruption cases who are being threatened, one of which is Daud Ndakularak, a corruption case Whistleblower from Waingapu, East Nusa Tenggara.

Based on the LPSK’s Decision No: R-182/I.4/LPSK/03/2010, Daud Ndakularak was protected in the LPSK for his position as a Whistleblower of a corruption case. He is a well-intentioned informer of the criminal case of East Sumba District’s 2005-2006 Fund Management, which the case has been processed by the East Sumba District Police and has been ruled by the Kupang Anti-Corruption Court. In his position that was protected by LPSK, Daud Ndakularak has made various efforts in accordance to the Special Law on Anti-Corruption. Not only that he protected a lot of evidences, he also the one who reported the case to the East Sumba District Police, stood as a witness in the Police investigation, and provided a Witness Statement before the Anti-Corruption Court. Thank to the statement of Daud Ndakularak, the Kupang Anti-Corruption Court has ruled that two persons have been proven guilty in the corruption criminal case.

However, due to his status as a Whistleblower of a Corruption case, David Ndakularak received a counter-attack. The crime that he was giving information about, made him a suspect. For 120 days he was detained at the East Sumba District Police Office, yet the investigation was discontinued due to lack of evidence. He was eventually released in 2008. The process of the attack against him was temporarily paused when he was under LPSK’s protection. However, post appearing as a witness in the Kupang Anti-Corruption Court in 2013 to 2014, Daud Ndakularak was resummoned for an additional investigation. The additional investigation was being held on 30 May 2016 and he was forcibly arrested by East Sumba District Police on 27 June 2016. LPSK was then responded to the event and sent a letter No.R-396/DIV 1.3./LPSK/07/2016 concerning Witness Protection. The letter was sent on 11 July 2016 and was referring to Article 5 and 10 of Law No. 31 Year 2014 and Police Report Number of LP-A/395/XI/2008/SPK on 04 November 2008.

Now the legal process against him has been advanced. With the investigation files have been declared as completed, the process of handover of the suspect and evidence (Phase II) to the Attorney General Office is underway. In the process of advocacy and self-defense, Daud Ndakularak filed a pretrial motion with his status as a Whistleblower / Corruption case informer who is tried as a suspect (Case No.03/Pid.Pra/2017/PN.WGP).

ICJR recommended LPSK to reactivate the protection and assistance for his status as a Whistleblower/informer. ICJR urged the law enforcement authorities to stop the effort of counter-attacking a well-intentioned corruption informer such as Daud Ndakularak. ICJR also asked the Attorney General to scrutinize and stop the prosecution of Daud Ndakularak.

This situation shows to the public or Whistleblowers or informers in Indonesia, that they are in vulnerable position and having minimal protection from the State. The ICJR is concerned that cases like this will discourage the expectant informers, especially in the corruption cases. Corruption cases that have well organized characteristic and often involve the elite people require the role of Whistleblower to report the crimes to the law enforcement, therefore the Whistleblowers should be given support and protection.

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