KontraS : For Justice, JIS Convicts Have to Be Freed
The reason being that the 5 PT ISS cleaners and the two JIS teachers have been subject to severe human rights violations.
“Investigations in the JIS case were flawed from the get-go. The suspects also suffered from various violent mistreatments for something they never did. In this case, the State has to initiate the bold move to freeze the case and compensate the convicts,“ Haris said at the launch of a JIS Case examination book titled “Melindungi Anak, Membela Hak Tersangka” (“Protecting Children, Defending the Rights of Suspects”) at Universitas Airlangga Surabaya yesterday to Surya (TRIBUNnews.com Network).
According to Haris, in the JIS case, law enforcement has failed to prove that a crime associated with child sexual abuse had taken place, there was no valid statement, nor was there a visum et repertum (forensic medical examination), medical record, doctor or hospital that proved that MAK was a victim of sexual abuse, as alleged by the parents.
Based on the examination – which also involved University of Indonesia Faculty of Law the Indonesian Judicial Watch Society (MaPPI FHUI) – on the verdicts in the JIS Case, investigators had resorted to means that are prohibited by the Law and categorized as severe violations to Human Rights, which include torture as stipulated in ICCPR Article 7 in Relation to Article 1 Anti-Torture Convention in relation to Chief of Indonesian Police Regulation No 8 Year 2009 on the Implementation of Human Rights Article 5 Verse (1) Letter b in relation to Article 11 verse (1) b in relation to Article 37 verse (2).
The book launch also involved the Airlangga Young Legal Practitioners Society (University of Airlangga) and the Research and Advocacy for Independent Judicial System Agency (LeIP).
MaPPI FHUI Chairman, Choky Ramadhan said that, “The case of the two teachers seems forced. As evidenced by the flimsy allegations and the weak supporting evidence,”
The precariousness of the case can also be seen from the lengthy police investigation. It took the police 110 days to collect the evidence to be submitted to the Prosecutor’s Office after a P19 (dossier returned due to lack of evidence) from the Prosecutor’s Office.
“Once the judicial process began, much of the evidence was shaky and seemed force. The suspect status given to the two JIS teachers was only based on the plaintiff’s report without a follow-up investigation from Police. When referring to the Criminal Procedure Code, the mother’s testimony cannot be legally justified because she did not experience, hear or witness the crime she reported,” he explained to Surya (TRIBUNnews.com Network).
Furthermore Putri Kusuma Amanda, Program Manager of the Child Protection Research Center University of Indonesia (PUSKAPA UI) said that, “A good criminal justice system should be able to accommodate both the rights of the child/victim and the perpetrator. Because pushing them aside won’t help the child or the public in finding justice.”
Meanwhile Arsil, LeIP Deputy Director said, “in a sexual crime case, forensic evidence can make or break a case. Forensic results are not the only evidence than can point to sexual abuse, but if the examination results indicate the opposite, and other evidence is fleeting, that is not enough to prove a crime.”
Haris added that to prioritize children’s rights, it is also important to investigate the motive of the parents, to verify the authenticity of their role as parents. In the CRC (Convention on the Rights of The Child), parents also have the responsibility to ensure that they act in the best interest of their children not their own.
In the JIS case, the mother of the victim MAK also demanded that JIS pay her US$ 12 million in compensation before the trial began. Even when the demand was increased to US$ 125 million or approximately Rp 1,6 trillion, the dossiers of the two JIS teachers were not even completed.
“Law enforcement should be able to identify the ulterior motive behind this case. This case is beset by fabrications and therefore the State has to be able to provide justice for the JIS convicts as they are innocent,” he firmly said.