Reflecting On The Herry Wirawan Case, ICJR Urges Government-DPR To Clarify Restitution Schemes For Victims Of Sexual Violence

Illustration-The accused of raping 13 female students, Herry Wirawan, listens to the verdict of the Bandung District Court judge. (AMONG)

JAKARTA - Institute for Criminal Justice Reform (ICJR) researcher Maidina Rahmawati urged the government and the DPR to strengthen the regulation on the rights of victims of sexual violence in the Criminal Procedure Code (KUHAP). Starting from victim services to clarity of restitution.

"There is a record that restitution is only seen as a punishment to the perpetrator, 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," Maidina said in a statement received in Jakarta, Antara, Wednesday, February 16.

As a result, said Maidina, victims cannot get their rights, namely compensation that is charged to the perpetrators if the judge imposes a death penalty or life imprisonment. Therefore, affirmation of the position of restitution or at least harmonization of the position of restitution in criminal legislation is urgent and needs to be done.

Maidina gave an example of the verdict against the perpetrator of sexual violence, Herry Wirawan. As the perpetrator of raping 13 santri, he was charged with the death penalty by the Public Prosecutor and the judge stated that restitution was not possible considering Article 67 of the Criminal Code.

It becomes complicated when the Panel of Judges 'improvises' 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, namely third-party countries.

ICJR agreed with the 'good intentions' of the Panel of Judges in HW's decision by imposing compensation to be paid by the state, he said.

Unfortunately, in the absence of a legal framework for the mechanism for payment of restitution by the state, 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.

"There is uncertainty regarding the fulfillment of this restitution, which again will have a bad impact on the victim," said Maidina.

The state must present a revolutionary scheme 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, then process the results obtained to fulfill the rights of victims, including to pay compensation and provide services. This 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 Witness and Victim Protection Law, and other laws that are being discussed such as the Sexual Violence Bill," said Maidina.

In addition, his party also encourages the Indonesian National 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.

"Victims of sexual violence, both children and adults, of course have the right to obtain compensation for the events they have experienced, either in the form of restitution or compensation," he said.