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 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
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 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 LPSK January – June 2016 total: 973

14. DATA OF PROTECTION AND ASSISTANCE SERVICES
No.
Type of Services
January-June 2016 1
The fulfillment of the rights of witness and victim of crime (procedural rights)
422 2
The physical protection
123 3
Medical
1802 4
Psychological
435 5
Restitution 92 6
Psychosocial 29
TOTAL
2903

15. Data Of Physical Protection Based on Type of Crimes
January – June 2016
No.
Type of Services
January-June 2016 1
Corruption cases 27 2
Trafficking in Persons 6 3
Torture/demostic violance/serious violance 35 4
Sexual offense against child 13 5
Other crimes 42
TOTAL
123

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