Media Update: Indonesian NGO’s speak out on the JIS Case

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Media Update: Indonesian NGO’s speak out on the JIS Case

Neil and Ferdi are in satisfactory health and are now sharing a cell large enough for two people in Lapas Cipinang prison. They both have mattresses for sleeping, access to clean drinking water, and a toilet and mandi.

The legal team is still waiting for the verdict to be handed down to the South Jakarta District Court. Meanwhile, they are preparing the framework for the judicial review.

Last week, two prominent NGO’s in Indonesia released a book on the JIS Case. They made several significant findings regarding the case and how it was handled. They have recommended the case be frozen and the alleged suspects compensated by the state. See translated news articles below.

The NGO’s: The Indonesian Commission for Missing Persons and Victims of Violence (Kontras) with the Indonesian Judicial Watch Society of the University of Indonesia (MaPPI UI) held a press conference on Wednesday April 13th to launch the book titled “Protecting Children, Defending the Rights of Suspects.” The book is based on the results of an examination of the JIS case conducted by Kontras and MaPPI UI in 2015. The book concludes that the legal process of the case is rife with manipulations and there is no evidence to support the claims of sexual assault at JIS.

News articles from Jakarta on the book release: 

KontraS Launches Book on JIS Case  

THURSDAY, APRIL 14, 2016 | 17:14 WIB

https://m.tempo.co/read/news/2016/04/14/109762675/kontras-luncurkan-buku-tentang-kasus-jis

TEMPO.COJakarta – The Commission for Missing Persons and Victims of Violence (KontraS) and the Judicial Watch Society of the Faculty of Law University of Indonesia (MaPPI FHUI) published a book on the case of child sexual assault at Jakarta International School. The book titled Melindungi Anak, Membela Kepentingan Hak Tersangka (Protecting Children, Defending the Suspects’ Rights) was launched at the Indonesia Jentera School of Law, in Kuningan, South Jakarta, Wednesday, April 13, 2016.

The examination book—advocacy on issues related to legal verdicts (rulings) – contains stacks of findings and legal experts’ analyses on the JIS case. The conclusion is, the legal process has failed to provide legal protection and justice for children who were assumed to be the victims.

In a press release on Thursday April 14th 2016, KontraS coordinator Haris Azhar, said “Law enforcement failed to prove the existence of a crime associated with sexual violence against children.” According to Azhar, there were no statements, forensic medical examination results, medical, doctors or hospitals that said MAK represented a victim of sexual violence.

Another issue KontraS highlighted was the alleged legal violation by investigators while examining the suspects. “It is categorized as torture, which is a severe violation of human rights” said Haris.

MaPPI FHUI Chairman Choky Ramadhan said that the case which involves two JIS teachers seemed forced. The allegation was based on the presumptive accusations made against the alleged perpetrators. “It took Police more than 110 days to collect all the evidence after a “P19” (a case in which the dossier is returned due to insufficient evidence) by the Attorney General’s Office,” he said.

Choky said the determination of the two JIS teachers status as suspects was mainly based on the statement from the woman who had filed the police report (the plaintiff). “While the truth is, the Criminal Procedure Code does not recognize such testimony because it fails to meet legal requirements, because the plaintiff did not experience, hear, or witness the actual event,” he said. Therefore, KontraS and MaPPI recommended to freeze the case’s dossier and the state is obligated to recompense the suspects.
REZA MAULANA

KontraS and Legal Experts Reveal Peculiarities in JIS Case

https://m.tempo.co/read/news/2016/04/14/063762742/kontras-dan-pakar-hukum-beberkan-kejanggalan-kasus-jis

THURSDAY, APRIL 14, 2016 | 21:52 WIB

TEMPO.COJakarta – Researcher from the Center of Law and Policy Studies (PSHK) Miko Ginting regarded the investigation of the sexual violence case at Jakarta International School (JIS) to contain numerous procedural breaches. First, the arrest of the cleaners was done by JIS’ Head of Security. Secondly, legal assistance for the suspects was not optimal. Third, the case reconstruction was conducted without a Police Investigation Report/deposition.

On Thursday, April 14 2016, Miko said there were many peculiarities in the legal process of the case. “The JIS Case, in which the suspects are the cleaning staff, represents malicious prosecution,” said Miko in the discussion for the launch of the examination book of the JIS case at the Indonesia Jentera School of Law, South Jakarta, Wednesday, April 13, 2016.

In the case that involves seven outsourced cleaning staff, one (alleged) perpetrator, Azwar, died during interrogation at the Metro Jakarta Raya Regional Police Headquarters. However, the cause of death remains murky as there was no autopsy.

Haris Azhar, coordinator of the Commission for Missing Persons and Victims of Violence (KontraS) said that the case not only violated the rights of the suspects, but also the rights of the victims. “Law enforcement failed to prove the existence of a crime associated with sexual violence against children.” he said.

Chairman of the Indonesian Judicial Watch Society (MaPPI) Choky Ramadhan explained that the JIS case is a blatant reminder of how weak the Indonesian legal process is. According to Choky, how the case was handled seems forced. This happened due to the weak evidence obtained by the investigators. The determination of suspects was done only based on the statement of the parent(s) who first reported (the case).

Choky said problems arose because the testimony of the mother of the victim (the plaintiff) failed to meet legal requirements as she did not experience, hear or witness the actual event. But her report was made as a reference for the investigators to determine the suspects. “This kind of legal process highly endangers our law enforcement” he said.

Criminal law expert from the University of Andalas, Padang, Shinta Agustina said that the panel of judges did not give equal treatment to the evidence from the attorney general and the suspects. ” (The investigation process) There were indications of violence in determining the suspects,” he said.

Indications of neglect, Shinta continued, were apparent from the panel of judges’ indifference to the reason behind the suspects’ (cleaners) decision to revoke their confessions in the Police Interrogation Report (BAP) put together by the investigators. According to her, the reason behind the BAP revocation should be explored as it was relevant to the evidence in the case. “Especially in this case, in giving his statement, the son of the plaintiff took directions from his mother. The statement also clashed with the documentary evidence, like the visum et repertum results (forensic medical examination results),” she said.

 REZA MAULANA

 

2016-12-28T16:47:30+00:00News, Press Release|Comments Off on Media Update: Indonesian NGO’s speak out on the JIS Case
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