VZCZCXRO3612
OO RUEHDT RUEHPB
DE RUEHJA #0905/01 1470839
ZNY CCCCC ZZH
O 270839Z MAY 09
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2405
INFO RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEAIIA/CIA WASHDC
RHEHNSC/NSC WASHDC

C O N F I D E N T I A L SECTION 01 OF 02 JAKARTA 000905 
 
SIPDIS 
 
DEPT FOR EAP, EAP/MTS, EAP/MLS, S/CT, INL 
DOJ FOR CRIM AAG SWARTZ, DOJ/OPDAT FOR BERMAN 
INL FOR CARLON, NSC FOR E.PHU 
 
E.O. 12958: DECL: 05/27/2019 
TAGS: PGOV PREL KCRIM KCOR ID
SUBJECT: INDONESIA'S WITNESS AND VICTIM PROTECTION AGENCY 
OFF TO A SLOW START 
 
REF: JAKARTA 778 
 
Classified By: Deputy Pol/C Stanley Harsha, reasons 1.4(b+d). 
 
¶1.  (C) SUMMARY:  Indonesia's Witness and Victim Protection 
Agency (LPSK) has yet to fulfill its mandate.  Although the 
law establishing the basis for the protection body was passed 
in 2006, as of May 2009 the agency has yet to protect any 
witnesses or victims.  Still operating in temporary offices, 
the program lacks standard operating procedures, a budget for 
protection activities, and a commitment from Indonesia's law 
enforcement community.  LPSK has requested expert assistance 
from foreign embassies in Jakarta, including the United 
States, in further developing their witness protection 
program.  End Summary. 
 
WITNESS INTIMIDATION RAMPANT 
 
¶2.  (SBU) Witness intimidation, especially in corruption 
cases, is rampant in Indonesia.  Witnesses often recant their 
testimony or retract statements to police.  In a recent 
headline-gripping murder case involving the head of 
Indonesia's Corruption Eradication Commission (KPK), a former 
police chief has retracted his statements about the role of 
the lead suspect in the case (see reftel).  During a May 2009 
investigation into an eastern Indonesia infrastructure 
project, the assistant to a Partai Demokrat lawmaker (and key 
witness) has disappeared. 
 
IMPETUS FOR PROTECTION 
 
¶3.  (SBU) The development of a Witness and Victim's 
Protection law and agency has been slow.  Six years after the 
legislation was initially proposed, Indonesia's parliament 
passed the law establishing the Witness and Victim Protection 
Agency in July 2006.  According to the law, victims and 
witnesses are entitled to receive legal information and 
assistance, physical protection for themselves and their 
families, and limited financial assistance until the 
protection is terminated. 
 
¶4.  (C) The law enforcement and NGO community eagerly await 
the establishment of a fully-functioning protection body. 
The former deputy chief of Special Detachment-88, the 
Indonesian National Police's elite anti-terror squad, Dr. 
Hamidin, told poloff that the police are currently 
responsible for protecting witnesses, but do not have a 
dedicated budget to do so.  He also noted a potential 
conflict of interest, as witnesses often become suspects in 
legal cases. 
 
¶5.  (SBU) The police have used the law to protect victims 
without assistance from LPSK.  When the law was passed, NGOs 
praised the legislation for broadening the definition of 
witness and victim to include those involved in cases of 
terrorism, gross violations of human rights, money 
laundering, drug crimes, trafficking and gender-based 
violence.  In trafficking in persons cases, the police have 
used the law to protect the identity of the victim or witness 
by using videotaped testimony.  Indeed, many district police 
offices now have victim interview rooms with video recording 
equipment, which was made possible by this law. 
 
A LONG ROAD TO IMPLEMENTATION 
 
¶6.  (C) The agency has yet to protect victims or witnesses. 
The LPSK was inaugurated in August 2008 after the Indonesian 
parliament had completed the selection process for the seven 
members of the LPSK, who have been working out of temporary 
offices.  According to LPSK head A.H. Semendawai, the 
organization has a meager administrative budget, and has yet 
to receive a budget for operations to protect victims or 
witnesses.  Despite having received 30 requests for 
assistance, LPSK has not enrolled any witnesses or victims in 
their program. 
 
¶7.  (C) LPSK has floundered in establishing an effective 
program.  Civil society contacts have noted that none of the 
members of LPSK are from the government bureaucracy, which 
inhibits their ability to obtain funding and resources. 
Semendawai acknowledged that LPSK's greatest need now is 
technical expertise on how to develop a witness protection 
program.  The program has not established standard operating 
procedures and has not obtained a safe-house or determined 
 
JAKARTA 00000905  002 OF 002 
 
 
criteria for the establishment of one. 
 
REQUEST FOR ASSISTANCE 
 
¶8.  (C) LPSK has requested technical assistance from foreign 
missions to establish the program.  With INL funding, 
DOJ/OPDAT conducted a witness protection program in 2007 with 
the U.S. Marshals Service to discuss long-term witness 
protection and the FBI to discuss more short-term 
arrangements.  At the time, LPSK was not able to fully 
implement the recommendations because the agency was still 
nascent. 
 
¶9.  (C) Semendawai requested further cooperation with the 
United States in the development of the program and in the 
provision of technical expertise on how to provide physical 
protection for victims and witnesses.  The incoming DOJ 
Resident Legal Advisor plans to work with the LPSK on 
developing more secure witness protection policies.  Loss of 
even a single witness under protection can undermine the 
willingness of future witnesses to be willing to come forward. 
NORTH