Revision of the Law on Combating Terrorism Should Reinforce the Rights of Victims to be Remedied

Prior to the case of the first Bali bombing, the Marriott Hotel bombing and the second Bali bombing, Indonesia’s response in the fight against terrorism is increasing dramatically. It is demonstrated with the issuance of Government Regulation in Lieu of Law on Terrorism (“Government Regulation”). The Government Regulation finally became Law No. 15 of 2003 (“2003 Regulation”) which establishes Government Regulation in Lieu of Law No. 1 of 2002 on Combating Terrorism into a law. Upon the issuance of the 2003 Regulation, Government Regulation No. 24 of 2003 on Procedures for the Protection of Witnesses, Investigators, Prosecutors and Judges in Criminal Offences against Victims was also published. However, public’s response on terrorism is always about how to arrest and prosecute the actors of terrorism. On the other hand, victims of terrorism receive less attention from communities.

Indonesia’s response on victims of terrorism acts can be observed from the lack of regulation regarding the treatment for victims of terrorism. Both Law No. 15 of 2003 and Government Regulation No. 24 of 2003 only provide the right of compensation, restitution and rehabilitation to all victims and their heirs as a result of terrorism acts. Payment of compensations and restitutions will be paid by the government on behalf of state. Nonetheless, there is no implementing regulation regarding the compensation, restitution and rehabilitation until present. Lack of regulatory coverage resulted in many problems when being implemented. Not only that, in Government Regulation No. 24 of 2003, the protection is only given to a victim which has the status of being a witness.

Materials for the 2016 Draft Bill on Combating Terrorism
Detention period for terrorism suspects: The time limit should be added from six months to ten months
Investigators’ authority to arrest terrorism suspects based on adequate initial evidence: Previously, it was only 7 days and should be extended to 30 days
Wiretappings: Previously, it was based on permit/command from Chairman of the District Court. It should be changed to trial judges
Prosecution and investigation can be conducted not only to individuals, but also to corporations
Extending the scope terrorism acts: preparation stage, planning stage, attempted terrorism acts, and assisting on terrorism acts
Passport revocation for Indonesian citizens who took part in the military training overseas. This is also includes countries or organizations which committing acts of terror
Supervision on perpetrators of terrorism act for six months. Moreover, supervision on convicted parties of terrorism act should be conducted for one year at the latest after being released from a prison (as an official supervision for development and de-radicalization programs)
Holistic and comprehensive rehabilitations for terrorist convicts

Medical and Psychological Rehabilitation

 Regarding the medical and psychological rehabilitation, there are large number of victims which were not handled appropriately. Administrative problems, hospital bureaucracy, and high hospital costs are several examples of problems for the victims of terrorism acts. Furthermore, in several cases, Indonesian government tends to provide medical assistances only in the early days of incidents. Even the assistance which provided by the government was frequently unequal.

Afterwards, the government seems to be less care about the victim’s condition. According to the government itself, based on the existing regulations, medical assistances for victims of terrorism using the same legal basis with disaster regulation. The regulation provides an authority to supply medical assistance to the victims in the hospital.

The Minister of Health Regulation No. 145/Menkes/SK/I/2007 on Guidelines for Disaster Relieves can also be used for victims of terrorism in emergency state. Consequently, all victims of terrorism are responsibility of the government. However, the government is still facing a lot of problems in practice.

Social Aid for Victims

Social aid for victims is still a hope for a large number of victims. This is because the implementation of social aid is still very limited. On the recent bombings, the government through the Ministry of Social only provided cash with specific requirements for the victims. Subsequently, local government will propose the Ministry of Social to provide aid money on the amount of 2 million rupiah for dead victims and 2 to 5 million rupiah for victims with permanent disability.

This is a very low amount of money compared to the losses and expectations of the victims. Furthermore, this compensation was not provided equally to all victims. Procedures and mechanisms of distribution itself are still unclear, whether the victims should propose themselves for the money or is this initiative of the Ministry of Social to collect data on the victims? What about victims in the local area? The information regarding to these are still very unclear for the victims.

Compensation for Victims of Terrorism

Compensation for victims of terrorism by the state through restitution is still difficult to be implemented in practice. As has been described previously, the existing regulations are unable to meet the needs of victims related to compensation and restitution. Besides, the application for restitution and compensation are difficult and the victims are unable to access the procedure easily.

It should be noted that legal basis for restitution and compensation for victims in Indonesia is intended for material compensation, merely based on evidence which can be provided by the victims. For instance, cost of treatment or medical care, funeral costs which enclosed with proof of expenses, receipts, and so forth. Therefore, the compensation does not include immaterial losses, such as losses due to disability, illness, or changes in body functions.

Indeed, in the case of the Marriott Hotel bombing in, District Court of South Jakarta has made a breakthrough by providing various compensations to the victims. The judges decided to provide 10 million rupiah for dead victims, 5 million rupiah for victims with serious injury, and 2,5 million rupiah for victims with minor injuries. However, in practice, it was still failed to be given equally to all victims.

Limited Nature of Law No. 31 of 2014

To fill the ‘emptiness’ related to the remedy for victims, Law No. 31 of 2014 which amends Law No. 13 of 2006 on the Protection of Witnesses and Victims, provides the form of medical assistance, psychosocial rehabilitation and psychological assistance (on Article 6) and compensation (on Article 7). However, this regulation is still need to be tested regarding its implementation by the Witness and Victim Protection Agency. Even to compensate the victims, this regulation may hamper rights of victims to receive fast compensation, since the victims should wait for a court decision. The recent assault case on Sarinah in January 2016 is one of the examples on how to handle and manage victims of terrorism based on this regulation.

However, in general, fulfillment of the rights of victims of terrorism is still far away than we expected. For that reason, amendment to the Terrorism Law should improve certain problems related to the assistance for victims. The draft bill fails to include a comprehensive rehabilitation for victims. The draft bill actually provides a comprehensive rehabilitation for the perpetrators. It seems to be unfair. Without a comprehensive rehabilitation for victims, the draft bill on terrorism that will be discussed in the House will be purely for the sake state institutions against terrorism, without considering and caring about the victims.

Appendix

List of victims from terrorist attack in Sarinah, Central Jakarta

Name of Victim(s) Status Initial Treatment Information
Rais Karna (37) Deceased Abdi Waluyo hospital, Central Jakarta Got shot on his head by the perpetrator near the police post. Deceased on 16 January 2016.
Amir Quali Taher Deceased Polri hospital, Kramat Jati Got shot by the perpetrator. Citizen of Canada.
Rico Hermawan Outpatient   Outpatient since 16 January 2016, has been picked up by his family
Sugito Outpatient   Has been picked up by his family
Ahmad Sofyan Outpatient   Struck by a shrapnel on his ear in Starbucks Sarinah
Budi Rahmat Outpatient   Treated on RSPAD on 16 January 2016, has been picked up by his family
Yohanes Antonius Maria (48) Outpatient RSPAD Gatot Soebroto Citizen of the Netherlands. Has been picked up by her family to Singapore
Frank Feunen (48) Outpatient Abdi Waluyo hospital, Central Jakarta Citizen of Germany. Wounded on his forehead and neck
Stoifl (54) Outpatient Abdi Waluyo hospital, Central Jakarta Citizen of Austria. Wounded on his forehead, right hand, and left elbow
Aiptu Suhadi (41) Outpatient Abdi Waluyo hospital, Central Jakarta Traffic police. Got shot 2 times on his back
Aldi Tardiansyah (18) Outpatient Abdi Waluyo hospital, Central Jakarta Security at Starbucks Sarinah. Struck by a shrapnel
Afrizal (40) Outpatient Abdi Waluyo hospital, Central Jakarta Civil servant in Riau. Wounded on his forehead and left elbow
Aiptu Budiono Inpatient RSPAD Gatot Soebroto Member of Provost Police in Central Jakarta. Got shot on his stomach
Aiptu Dani Mahieu   Cipto Mangunkusumo hospital Traffic police. Got burned on his feet and hands
Indah puspita sari (31)   Cipto Mangunkusumo hospital Staff at PT. Pasifik Cipta Mandiri. Wounded on her left forehead and bruised abdomen.
Mira Puspita (24)   Cipto Mangunkusumo hospital Staff at PT. Pasifik Cipta Mandiri. Wounded on her right leg above the ankle
Aiptu Budi Rahmat (35)   RSPAD Gatot Soebroto Traffic police
Aiptu Dodi Maryadi,   RSPAD Gatot Soebroto Traffic police at Menteng area. Got shot on his stomach
Anggun Artikasari (24)   RSPAD Gatot Soebroto Wounded on her right foot due to explosion
Chaerul Islami Bin Muhdar Arifin (21)   RSPAD Gatot Soebroto Wounded on his back and fingers
Permana Bin Asep Yanto (24)   RSPAD Gatot Soebroto  
Agus Kurnia Bin Sudrajat (25)   RSPAD Gatot Soebroto From Sumedang
Morat Armerwali   RSPAD Gatot Soebroto Citizen of Algeria. Wounded on his left chest and broken left leg
Brigadir Suminto   Tarakan hospital Traffic police. Got shot on his left back to his armpit
Ritirwi Putra (26) Outpatient Tarakan hospital Wounded on his left back
Rico, born on 1995 Deceased   Civilian. Died on the spot of second explosion, near the police post.
Total 26 Victims 3 victims deceased and 23 injured victims    

 This information has been collected since 24 January 2016 from a variety of sources and has not yet been updated.

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