In Addition To Reminding The Protection Of Witnesses As Mandated By The Law, Komnas HAM Says That The Trial Testimony Through Teleconference Is Not The Maximum

Komnas HAM External Deputy Chairman Amiruddin during a discussion in Jakarta, Thursday 18 August. (ANTARA/Muhammad Zulfikar).

JAKARTA - The National Human Rights Commission (Komnas HAM) emphasized that the protection of witnesses and victims in the context of human rights violations is an order of Law (UU) No. 26 of 2000, especially Article 34 concerning the Human Rights Court.

"This law states that every victim and witness of gross human rights violations has the right to physical, mental protection, threats of terror disturbances, and violence from any party," said Komnas HAM External Deputy Chairperson Amiruddin at a discussion entitled "Protection for Witnesses at the Human Rights Court. Paniai incident" in Jakarta, quoted from Antara, Thursday, August 18.

Then, in paragraph 2 it is stated that the protection as referred to in paragraph 1 must be carried out by law enforcement officers and security forces free of charge.

Amiruddin said Article 34 is an order for the Witness and Victim Protection Agency (LPSK) to carry out its obligations to witnesses and victims who will testify in court.

This is considered important to convey because currently quite a lot of people or related parties have forgotten Article 34 of Law Number 26 of 2000. As a result, many have neglected efforts to protect witnesses and victims.

Reflecting on the three previous human rights courts, Amiruddin assessed that witness protection was not running optimally. This was because at that time there was no LPSK.

If there are parties who think that the witness does not need to be physically present in the courtroom or through teleconference, Komnas HAM considers that method is not sufficient for witnesses and victims to give testimony.

As additional information, based on the results of the Komnas HAM Plenary Session in February 2020, the Paniai incident was declared a serious human rights violation. The incident occurred on December 8, 2014 which left four people dead and 21 others injured as a result of the persecution.

The incident began on December 7, 2014, namely a misunderstanding between Paniai residents and the TNI. At that time 11 people were tortured. After that, residents protested around Karel Gobay Square and got a reaction from the TNI and Polri with a shooting that left four people dead.