الحصري ، وحماية الشهود والضحايا ، هاستو Atmojo Suroyo : LPSK محايدة

The Witness and Victim Protection Agency (LPSK) can actually be a hope for witnesses and victims when they are intimidated or pressured during the legal process. In carrying out its duties, said LPSK Chairman Hasto Atmojo Suroyo, the institution is voluntary. In protecting witnesses and victims, LPSK will be neutral towards the disputing parties.

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Several legal cases have surfaced and received public attention recently. The most recent is the alleged abuse of social media activist M.Kece by Inspector General of Police Napoleon Bonaparte, then there was the case of alleged bullying and sexual harassment of MS an employee of the Indonesian Broadcasting Commission (KPI). Then there was the case of throwing Molotov cocktails in the yard of the Yogyakarta Legal Aid Institute and the Tangerang prison fire which killed tens of inmates.

According to the Head of LPSK Drs. Hasto Atmojo Suroyo, M.Krim, deeply regrets the alleged mistreatment of M. Kece. “Once again, I regret that something like this happened. The detained person should be in the safest place. But it didn't. It is even sadder if the perpetrators of the persecution are members of the police who are part of the law enforcement element, even though at the same time he is still a prisoner,” he said.

The institution applies the principle of voluntary protection. Victims must be willing to be protected by LPSK and they must apply, not because of coercion. In carrying out the task of protecting, LPSK will be neutral in ongoing cases.

In the last three years, according to Hasto, the LPSK has made the most requests for protection in cases of past gross human rights violations. But lately, the prominent cases of sexual violence against children and women, then criminal acts of trafficking in persons, corruption, narcotics. "And outside of those priority cases, someone can get LPSK protection on condition that there is a life threat," he explained to Iqbal Irsyad, Edy Suherli, Savic Rabos and Rifai who met him at the LPSK Office, Jalan Raya Bogor, East Jakarta recently. Here is the full excerpt.

The persecution of M Kece was allegedly carried out by Inspector General of Police Napoleon Bonaparte, how do you observe this case?

This is just one of the events that actually happen over and over again. Violence that occurs in detention houses, in prisons or in immigration detention centers often occurs. I despise the acts of torture or fighting or even torture by the officers against the detainees or inmates. People who are in prisons, detention centers, should be in a safe place. They should not be threatened or tortured.

Many factors cause this persecution or torture to occur. LPSK has responded through the Prevention Mechanism for Torture (NPM) Program to see how far Indonesia has signed the international convention on anti-torture. That means you have to be responsible for it. However, Indonesia has not ratified the law. We push for the convention to become our law.

So abuse can occur by fellow prisoners or by officers?

What we found was that there were still many or frequent cases of violence, whether perpetrated by fellow residents. But not infrequently also done by officers. If what the officers do is categorized as torture.

Once again, I regret that something like this happened. The detained person should be in the safest place. But it didn't. It is even sadder if the perpetrators of the persecution are members of the police who are part of the law enforcement element, even though at the same time he is still a prisoner.

What will be the future impact of what happened to M Kece?

This incident is suspected to have been carried out by a high-ranking police officer, meaning he understands the law. The impact in the future, hopefully not happening, could lead to a weakening of public confidence in law enforcement. This is what I love. Whatever the reason, the actions he did were not justified by law. This is what I'm worried about, the public's trust in the legal process will decline. Meanwhile, we are required to continue to carry out reforms in the legal field. Organizational reforms including Police organizations, prison organizations, Immigration organizations are full of these kinds of places. Also reforms in behavior that should still respect someone posted there.

People who are placed in detention houses, prisons or detention centers only lose one thing; his independence. But other rights as a human being must still be guaranteed. The right to safety, security, adequate food, health and not being threatened. In some cases, for example, there is also the right to sexual needs. This is often neglected in our prisons and detention centers. Because prisoners are considered guilty. The fulfillment of these rights is the responsibility of the state.

What is the LPSK's own steps in this case?

In most cases we wait for requests, although for cases that catch our attention we can also be proactive. This means that when we come to witnesses or victims who need protection, we will offer them. Because LPSK's protection is voluntary, people must be willing to be protected, then LPSK will provide protection and assistance services. LPSK cannot force to protect someone. And there is a guarantee that the protection carried out by LPSK will not cause a conflict of interest.

So in the case of M Kece, LPSK has not received the application for protection?

So far not yet. But if the victim or his family feels they need protection, please come to the LPSK. At any time we will receive protection requests.

What are the requirements to apply for LPSK protection?

The first is the legal status is clear. The one who asks for protection is a witness or a victim in a criminal case. Without those two we can't. Criminal offenses that are a priority for LPSK, severe torture and torture are included in our priorities.

What are the other priorities? During the last three years what cases have requested the most protection?

Cases of serious human rights violations in the past, but recently the most increasing are sexual violence against children and women, then criminal acts of trafficking in persons, corruption, narcotics. And outside of priority cases, a person can get LPSK protection on condition that there is a life threat.

Is it also in the case of whistleblowers (infringers)?

There is also, we often find that whistleblowers get backlash in the form of back reporting because they are considered to have committed defamation and so on. LPSK can provide our legal services to facilitate the person concerned to be free from this back attack.

In the case of a KPI employee with the initials MS how do you see it?

This case occurred between the perpetrator and the victim (MS). Yes, this is probably a higher position or more people. And so on, even more interesting, the case occurred in a state institution (KPI) and the state institution was considered less responsive. From a criminal perspective, we are still waiting to see if it can continue, everything will be determined by law enforcement officials. We have gone to the victim and he asked the LPSK for protection.

What about the Molotov cocktail case in front of the LBH Yohyakarta office?

So far, no one has been willing to testify in this case. We are always open if there are those who want to testify and need protection from LPSK.

For the Tangerang LP burning incident?

This is indeed a complicated problem, this is because our judiciary tends to punish/imprison convicts. Finally the prison was full due to over capacity. This has an impact on other things, such as proper food and health and so on. Because of this full rights of convicts cannot be fulfilled by the state.

What is your support for witnesses and victims?

We want all witnesses and victims to have the courage to testify, we will give protection to those who dare to testify. So that the judicial process can run well and will achieve better justice, especially for victims.

Hasto Atmojo Suroyo has long liked the play in the wayang. He has memorized many of the plays. But uniquely, it is never boring to watch a puppet show. Especially if the mastermind is considered good. Now he watches part of the wayang play through the Youtube page as a lullaby.

“In the past, I used to watch wayang plays from start to finish, sometimes until dawn. But now with a variety of busyness is not possible. But I still watch, but only excerpts from certain scenes in a wayang play. We can choose which part we want on the Youtube page. So for me, watching wayang plays is a lullaby,” explained the man who finished his studies in Sociology at the Faculty of Social and Political Sciences, Gadjah Mada University, and then obtained a Master's degree in Criminology, Faculty of Social and Political Sciences, University of Indonesia.

Before the Youtube era was booming, he had also experienced listening to wayang plays on the radio. Some radio stations do make wayang shows as one of their programs which are broadcast at night until the early hours of the morning.

It's not without reason that he likes wayang, a character who becomes an example and role model for real life. "If I play the happiest is Baratayuda Karno Tanding," said the man who had served as Commissioner of Komnas HAM before serving in LPSK and now holds the top position.

One of the puppet characters he likes is Adipati Karno. "He (Adipati Karno) was the originator of the revolution in the Baratayuda war. He is actually a demi-god, he is still related to the Pandavas, but he still joins the Kauravas. Because he knows exactly that the Kauravas will not dare to fight the Pandavas if they are not supported by him," he explained, adding that the Kurawa's crimes would not end without the Baratayuda war.

“And in this context, Adipati Karno is the victim. He didn't know he was going to be a victim. He knows exactly," he continued.

What about the other puppet characters? "Arjuna is a valiant hero who is straight. Then there are the Pandavas who are straight. Well, Adipati Karno is different, it's okay to say he's ugly, but he has a nobler goal than anyone else," he said.

The dalang in Hasto's view occupies a strategic position. Because through the way the familiar and widely known wayang stories can be presented in a unique and creative way. The masterminds in this category are the late Hadisuwito and Seno Nugroho. “They present wayang stories in the style of ordinary people. It's different when the puppeteer plays in the palace, the rules are many. He is more entertainment, it is in that entertainment that he inserts guidance," he explained.

In terms of activities at the office, especially during the COVID-19 pandemic like now, Hasto tries to remind his team at LPSK to always follow health protocols. “All employees have been vaccinated for vaccination. And I myself do the antigen test on a regular basis,” he said.

Due to the nature of the protection carried out by LPSK directly, it cannot be done online, sometimes this becomes a dilemma for Hasto and the team at LPSK. "So how, the protection system that we do can't be done online. Must be direct. But before serving, our team is equipped with vaccinations and equipment to maintain health protocols," said Hasto, who regularly takes vitamins to maintain immunity.

Despite such anticipation, in practice in the field, LPSK officers are still exposed to COVID-19. "If that's the case, then he can't enter the office and must be isolated for two weeks. After the isolation, he was active again," said Hasto, who is also listed as a lecturer at the Faculty of Social and Political Sciences, National University of Jakarta.

He hopes that this pandemic can pass quickly and all parties can carry out their activities as usual. Without having to bother with this and that rule.

Hasto Atmojo Suroyo advised the younger generation in particular and all ages in general not to get bored and not stop learning. “It's not just the younger generation, even the older generation, actually people have to keep learning and most importantly make more friends. That's all, I think life is simple, first don't stop learning and always make more friends," he said, ending the conversation.

“People who are placed in detention houses, prisons or detention centers only lose one thing; his independence. But other rights as a human being must still be guaranteed. The right to safety, security, adequate food, health and not being threatened. In some cases, for example, there is also the right to sexual needs. This is often overlooked in our prisons and detention centers. Because prisoners are considered guilty. The fulfillment of these rights is the responsibility of the state,"

Hasto Atmojo Suroyo