DPR Asked To Clarify Restitution Scheme For Victims Of Sexual Violence

Herry Wirawan's Trial/Photo: Antara

JAKARTA - Institute for Criminal Justice Reform (ICJR) researcher Maidina Rahmawati encourages the Government and the DPR to strengthen regulations regarding the rights of victims of sexual violence in the Criminal Procedure Code (KUHAP), ranging from victim services to clarity on restitution. only seen as punishment for the perpetrators, namely the provisions of Article 67 of the Criminal Code which prohibits the imposition of other crimes if the perpetrator is sentenced to death or life imprisonment," said Maidina in a statement received in Jakarta, Wednesday 16 February. cannot obtain their rights, namely compensation that is charged to the perpetrator if the judge imposes a death penalty or life imprisonment.

He gave an example of the verdict against the perpetrator of sexual violence Herry Wirawan. "ICJR appreciates the judge's efforts in this decision, but there are still more complicated problems," he said in response to the verdict against the perpetrator of sexual violence, Herry Wirawan. students were charged with the death penalty by the Public Prosecutor, the judge stated that the imposition of restitution was not possible considering Article 67 of the Criminal Code. It became complicated when the Panel of Judges 'improvised' by charging restitution to be paid by a designated third party, namely the Ministry of Women's Empowerment and Child Protection (KPPPA) . This is not recognized in the restitution payment scheme, which is a third party state. ICJR agreed with the 'good intentions' of the Panel of Judges in the HW decision by charging compensation to be paid by the state, he said. country, it is very likely that in the end this restitution will not be paid. It is easy for the government to evade that there is no available scheme because there is no state obligation to pay restitution to victims. for the restoration of victims' rights. The Victim Trust Fund scheme must be established by the state. The state can still apply financial sanctions to perpetrators of criminal acts, and then process the proceeds to fulfill the rights of victims, including to pay compensation and provide services. The Victim Assistance Fund can also be processed from non-tax state revenues. “ICJR encourages the Government and the DPR to immediately review the Victim Trust Fund scheme to be included in the Criminal Procedure Code, the Law on the Protection of Witnesses and Victims, and other laws being discussed such as the Draft Bill Sexual Violence Crime," said Maidina. In addition, his party also encourages the Indonesian Police and the Attorney General's Office to pay attention to aspects of victim recovery in handling cases. In its decision, the Supreme Court is obliged to guarantee a court decision that considers the recovery of the victim.