Disposisi Ketua Nomor 2150

1
State Support for Victims of Terrorism in Indonesia

Needs and Priorities of Victims of Terrorism in Indonesia and the Road Ahead
September 2020
THE THREAT OF TERRORISM PERSISTS in Indonesia. It remains one of the country’s

foremost national security challenges. Multi-level legislative responses to the
scourge aimed at criminalising and prosecuting persons and activities linked to
terrorism have been established over the years to hold perpetrators accountable for
their actions, deter new terrorists, and importantly, restore social justice. Robust
legislation is necessary as terrorism disrupts the normal functions and order in
society and brings about great destruction to lives and property. Particularly for the
individuals unfortunate to fall victim to such random political violence, the impact on
personal lives is often grave and life-long.
Despite often suffering the direct physical and psychological harm resulting from
terrorist attacks, it remains all too common that victims of terrorism1 are relegated
to being the silent witnesses to the grave crime they have experienced.
Support from governments to improve the rights of victims of terrorism, in
recognition of the roles they can play in the criminal justice system 2 and in
countering terrorist narratives,3 is key. Victims need to be able to get full access to
their rights and assisted back to their feet as individuals before they can serve what
are, in essence, greater functions for the betterment of society as a whole. Victims
are important pivots around which a country can comprehensively, and based on the
rule of law, respond to its terrorism problem.
This paper traces the significant progress that Indonesia has made in recent years to
recognise and promote the rights of victims of terrorism through legislation.4 It
provides a review of the relevant national laws, policies, and institutional structures,
related to the protection and support of victims of terrorism in the country. It further
analyses the current situation on the ground (August 2020), and identifies the
challenges and needs going forward, providing key policy recommendations in
support of victims’ access to their rights and in meeting their needs.
Victims’ rights in Indonesia: A short history

1
While there’s ongoing debate within and outside of victims’ communities whether to use the term
‘victim’ or ‘survivor’ of terrorism, for the purpose of this paper, which reviews and comments on
legislation that refers to ‘victims of terrorism’ (korban tindak pidana terorisme), the term ‘victim of
terrorism’ will be used.
2
UNODC, “The Criminal Justice Response to Support Victims of Acts of Terrorism” 2012, and “Good
Practices in Supporting Victims of Terrorism within the Criminal Justice Framework (2015)
3
UNODC “From Victims of Terrorism to Messengers for Peace: A Strategic Approach” (2020).
4
In codifying rights of victims of terrorism, Indonesia was leading the charge as in the 2020 report
‘Progress made by the United Nations system in supporting Member States in assisting victims of
terrorism’, the UN Secretary-General suggests that “Member States may also wish to consider
developing national legislation that specifically addresses the rights, interests and needs of victims of
terrorism” (A/74/790, paragraph 58)
2
Until 2018, Indonesia’s key law to counter terrorists and terrorism, with relevance
for the victims of such, was based on a reactive emergency regulation in lieu of law
adopted in 2002 in response to the devastating Bali bombings.5 Pursuant to
Government Regulation in Lieu of Law No. 1/2002 on Countering Acts of Terrorism,
which became law through the passing of Law No. 15/2003 (“2003 Counterterrorism
Law”), victims of terrorism had a right to compensation and restitution. However,
the shape, form, or mechanisms to access such, had neither been sufficiently
specified nor implemented.
Accordingly, in the decade and a half since coming into effect, and as more
individuals fall victim to terrorism with every new attack,6 many sectors of society
called into question the comprehensiveness of the legislative provisions accorded by
the 2003 Counterterrorism Law. Initial progress on this front was made in 2014 when
Law No. 31/2014 on the Protection of Witnesses and Victims, in a revision of its 2006
iteration regarding the same (“2014 Witness and Victim Protection Law”), specifically
included victims of terrorism. The instrument was the result of successful
collaborative efforts between Indonesia’s Agency for the Protection of Witnesses
and Victims (LPSK, or Lembaga Perlindungan Saksi dan Korban) and its parliament
guided by international best practices through international cooperation, with
invaluable input by Indonesian civil society and victims of terrorism. It opened the
door to developing formal mechanisms to facilitate the latter group of victims’ access
to their rights, and it further widened the scope of support beyond compensation
and restitution to additionally include medical, psychosocial, and psychological
rehabilitation support. It also placed the implementation of support mechanisms
squarely in the hands of the Agency for the Protection of Witnesses and Victims
(LPSK, or Lembaga Perlindungan Saksi dan Korban). Established in 2006, LPSK aims to
provide protection and support to witnesses and victims of crimes, preventing undue
pressure or revictimization during and after the Criminal Justice process.
However, barriers for successful implementation remained. The law lacked legal
clarity regarding which authoritative body ultimately determined who could be
recognised as victims of terrorism. While the 2014 Witness and Victim Protection
Law stipulated that the implementation of compensation should be done in
accordance with existing relevant laws on countering terrorism, no provisions in the
2003 Counterterrorism Law regulated who would determine whether an individual is
regarded a victim of terrorism and thus qualify for the rights accorded.
After years of urgent calls for a review of the 2003 Counterterrorism Law, critical
momentum was gained after the 2018 terrorist attacks in Surabaya, which saw a
total of 28 people killed and over 50 others hurt. 7 The deadly attacks demonstrated
how the threat of terrorism had evolved in the country and that the available
5
The coordinated attacks on the popular holiday resort island had left over 300 people dead and
hundreds of others injured.
6
Since the 2002 Bali attacks, other major terrorism incidents in Indonesia include the J.W. Marriott
Hotel car bomb in 2003, the bomb attack on the Australian embassy in 2004, the second Bali attacks
of 2005, the twin bombings of the J.W. Marriott and Ritz Carlton hotels in 2009 , the Thamrin attacks
of 2016, the Kampung Melayu bus terminal bombing in 2017, and the 2018 Surabaya church
bombings.
7
https://www.cnnindonesia.com/nasional/20180514194201-12-298164/korban-tewas-teror-bom-
surabaya-28-orang-57-luka
3
legislative instruments needed further strengthening. This eventually led to the
passing of Law No. 5/2018 on Countering Acts of Terrorism in June 2018 (2018
Counterterrorism Law), which included clearer provisions for the support of victims.
Among other things, the 2018 Counterterrorism Law identified police investigators of
acts of terrorism, based on their investigative inquiries, as the responsible authority
to recognise victims going forward, and compensation amounts to be determined by
court order. Significantly, it also included retroactive stipulations, allowing for
individuals who had fallen victim to terrorism from back in 2002 8 to access the same
rights as victims of attacks that took place after the promulgation of the 2018 law.
While widely lauded, there remained challenges on implementation, as evidentiary
materials required to demonstrate victimhood tied to a particular past attack, for
example hospital bills, other ancillary documents, were difficult for many victims to
collate given the time that had passed.
By March 2018, Government Regulation No. 7/2018 provided guidelines for the
implementation of the 2014 Witness and Victim Protection Law relating to, among
other things, medical and rehabilitation support for victims of terrorism.
Compensation for victims of terrorism, however, had not been addressed in this
regulation, nor was support for victims of previous terrorist attacks as the retroactive
stipulations for 2018 Counterterrorism Law had not been passed yet.
To address this, Government Regulation No. 35/2020 was issued to regulate, among
other things, the implementation of compensation for victims of attacks that took
place between 2002-2018. It lays out procedures for medical support and
psychosocial and psychological rehabilitation of victims of past terrorist attacks. It
appoints the National Counter Terrorism Agency (BNPT, or Badan Nasional
Penanggulanan Terorisme) as the body determining who qualifies as a victim of past
attacks, and it further solidifies LPSK as the agency to deliver all support to victims,
allowing for cooperation with other State and non-State actors to achieve this.
Additionally, compensation for victims of new attacks is also addressed, as are
stipulations with regards to psychological and psychosocial rehabilitaiton, medical
support and compensation for Indonesian citizens falling victim to terrorist attacks
abroad.
Prevailing laws and regulations relating to victims of terrorism

Indonesia is a nation governed by the rule of law (rechtsstaat), as Article 1(3) of the
1945 Constitution clearly states. In light of a very dynamic legal landscape, the
country’s laws and regulations are ordered according to the following hierachy: 9
1. 1945 Constitution (Undang-Undang Dasar 1945);
2. The People’s Consultative General Assembly Resolutions (Ketetapan Majelis
Permusyawaratan Rakyat);
3. Law / Government Regulation in Lieu of Law (Undang-Undang / Peraturan
Pemerintah Pengganti Undang-Undang, “Perpu”);
4. Government Regulation (Peraturan Pemerintah);
8
The year of the first Bali Bombing
9
The hierarchy of Indonesian laws and regulations is, in essence, regulated under Article 7(2) of Law
No. 12 of 2011 on the Establishment of Laws and Regulations.
4
5. Presidential Regulation (Peraturan Presiden);
6. Provincial Regulation (Peraturan Daerah Provinsi); and
7. Regency/City Regulation (Peraturan Daerah Kabupaten/Kota).
The applicable laws and regulations that relate to the rights of victims of terrorism
pepper the hierarchy. Pursuant to the 2014 Law on Witness and Victim Protection,
victims of terrorism are accorded legal status and entitled to protection, restitution,
compensation and medical assistance, including psychosocial and psychological
rehabilitation. The Law explicitly considers the State’s responsibility to protect
victims and recognises the important role victims can play in the criminal justice
process.
Further, the rights of victims of terrorism to restitution, compensation and
rehabilitation are now specifically stipulated in the 2018 Counteringterrorism Law.
Finally, Government Regulation No. 35/2020 further specifies how and by whom the
rights of victims of terrorism (including of past attacks between 2002-2018) should
be implemented, bringing the relevant stipulations from the abovementioned laws
together.
The following section provides a review of relevant national laws, policies and
institutional structures related to the protection and support of victims of terrorism
in Indonesia.
Law No. 31/2014 on the Protection of Witnesses and Victims (“2014 Witness and
Victim Protection Law”)
The prevailing Witness and Victim Protection Law, enacted in October 2014, is an
improved version of its preceding Law No. 13/2006. The preceding Law only made
general reference to victims of grave human rights abuses, under which terrorism
victims were not explicitly acknowledged. With the support of relevant stakeholders
in the government, supported by elements in civil society and the victims’
community, the amended Law now specifically includes victims of terrorism, who are
thereby accorded legal status, and along with such status, related rights.
Pursuant to the Law, a victim of a crime is in general defined as a person who “has
experienced suffering, physical and mental, and/or economic losses as a result of a
criminal act”.10 During the course of a criminal justice process, such victim has a right
to:
a. protection for security of the self, the family and property, and freedom from
threats that may arise from giving evidence in court whether in the future, during
the proceeding, or after;
b. choose and determine the form of protection and security support;
c. make statements without coercion;
d. a translator;
e. freedom from harsh interrogation;
f. information on developments in a case;
10
Article 1 paragraph (3) of Law 31/2014, Chapter I on General Provisions.
5
g. information on court verdict(s);
h. information when the convicted person(s) is/are released;
i. keep personal identity a secret;
j. a new identity;
k. a new temporary place of residence;
l. a new place of residence;
m. reimbursement for transportation expenses as needed;
n. legal advice;
o. temporary help for living expenses throughout the protection period; and/or
p. legal accompaniment.11
The Law subsequently provides that victims of six categories of crimes, which
includes terrorism, are entitled to medical assistance and psychosocial and
psychological rehabilitation,12 providing wide discretionary leeway to LPSK to define
and quantify such support.13 Medical assistance refers to efforts to help victims
recover physically, and for victims who died, their funeral arrangements.
Psychosocial rehabilitation refers to efforts and services largely aimed at helping
victims improve their quality of life by, for example, helping them find new jobs and
furthering their education; and psychological rehabilitation refers to professional
psychological help to overcome trauma and other psychological problems. 14
The Law also stipulates that all such victims are entitled to restitution, which refers
to payment for damages to a victim from a convicted perpetrator. 15 In addition, of
the six categories of victims, two – specifically, victims of terrorism and victims of
grave human right abuses – have the supplementary right to compensation from the
state.16
According to this Law, LPSK possesses the authority to make all the necessary
verifications and approvals. This includes, in particular, the authority to determine
who qualifies to be accorded the rights of a witness or victim pursuant to the
relevant Law. 17
On such matter, however, LPSK remained subject to the challenging requirement of
having to demonstate the legitimacy of a terrorism victim’s status. While not codified
at the time, this could in practice be done with an official report or statement (“surat
penetapan korban”) from the police. Oftentimes, however, victims who appear in
11
Article 5 paragraph (1) points a to p of Law 31/2014, Chapter II on the Protection and Rights of
Witnesses and Victims.
12
Article 6 paragraph (1) points a and b of Law 31/2014, Chapter II on the Protection and Rights of
Witnesses and Victims. The six categories are: victims of grave human right abuse, of terrorism, of
human trafficking, of torture, of sexual violence, and of serious exploitation.
13
Article 34 of Law 31/2014 Chapter IV part 3 on Procedures for the Provision of Support
14
Elucidation on Article 6 paragraph (1) points a and b of Law 31/2014, Chapter II on the Protection
and Rights of Witnesses and Victims.
15
Article 7A paragraph (1) of of Law 31/2014, Chapter II on the Protection and Rights of Witnesses
and Victims.
16
Article 7 paragraph (1) of Law 31/2014, Chapter II on the Protection and Rights of Witnesses and
Victims.
17
Article 1 paragraph (5) of Law 31/2014, Chapter I on General Provisions, and Article 34 of Law
31/2014 Chapter IV part 3 on Procedures for the Provision of Support
6
police incident records are mostly those who have either been approached as
witnesses by police personnel or independently filed complaints at the scene of the
attack or the hospitals where the police were. Not all victims are able to engage
directly with the police in the chaotic aftermath of an attack, whereas mechanisms to
inform new victims were not unequivocally in place. Police records on victims are
therefore often far from complete, which left LPSK with gaps in its data.
Further, because many terrorist incidents had taken place before the amended Law
was promulgated in 2014, hospital and other records of victims of terrorist attacks
that took place well over a decade before were difficult to find. According to the
database of a local victims’ association consulted in 2016, two years after the
enactment of Law No. 31/2014, of the 544 victims registered, none had received any
compensation,18 despite a court ruling that awarded specific amounts of
compensation to victims of the 2003 JW Marriott bombing, in which 11 were killed
and 78 injured.19 The main reason why the awarding of compensation had been
problematic is because none of the victims were mentioned by name in the court
document, making it difficult to ascertain exactly who are entitled to be
compensated. Victims may have legal status by law, but, in practice, they would
need to first officially prove that they were the actual victims in a particular terrorist
incident by producing an actual report or statement issued by a relevant authority
that they were indeed at the scene of the incident and affected by the incident. LPSK
thus lacked the necessary ancillary documents that could help prove a victim’s status
as well as help in its calculation of restitutions and/or compensations for individual
victims. An opportunity to address this arose when the Counterterrorism Law was
amended in 2018.
Law No. 5/2018 amending Law No. 15/2003 on Countering Acts of Terrorism
(“2018 Counterterrorism Law”)
Indonesia’s 2018 Counterterrorism Law provides for all matters related to terrorism
and counterterrorism. This latest iteration saw significant improvements relating to
victims of terrorism and the recognition of their rights previously stipulated in Law
No. 15/2003, which itself was based on Government Regulation in lieu of Law No
1/2002. Whereas the 2003 law specifically provided for victims of terrorism and their
rights to compensation and restitution20, it did not define essential terms, including
victims, terrorism. It also did not provide the necessary measures to implement its
stipulations.
18
As raised by the Indonesian Survivors Foundation (YPI, or Yayasan Penyintas Indonesia), which at
the time included most 2003 JW Marriott bombing victims, during an FGD organised by the Alliance
for a Peaceful Indonesia (AIDA, or Aliansi Indonesia Damai) on 16 February 2016.
19
In September 2004, the South Jakarta district court tried and convicted Masrizal alias Tohir, one of
the architects behind the 2003 JW Marriott bombing, of terrorism. In the final verdict, the judges
ruled that those who fell victim to his terrorist actions would receive compensation from the state:
IDR 10 million for those who died, IDR 5 million for those with grave injuries, and IDR 2.5 million for
those with light injuries. Both LPSK and YPI confirmed in 2016 that none of the Marriott victims had
received such compensation.
20
Articles 36 - 42 of Law No. 15/2003, Chapter VI on Compensation, Restitution and Rehabilitation.
7
In the 2018 amended law, clear definitions of terrorism and its victims have been
provided.21 It explicitly stipulates that victims of terrorism are the responsibility of
the State,22 which includes both direct and indirect victims, 23 as will be determined
by police investigators of the attack.24 It further reiterates the rights of victims of
terrorism to medical assistance, psychosocial and psychological rehabilitation,
support for families of deceased victims, compensation and restitution as postulated
in the 2014 Law on Protection of Witnesses and Victims. 25 Compensation is
stipulated as reparation given to the victim by the State, 26 and restitution is
stipulated as payment for damages to the victim from a convicted terrorist
perpetrator.27
The new law lays out broad guidelines for its implementation. Medical assistance is
to be provided starting moments after the terrorist attack, in a clear attempt to
prevent victims having to scramble for pre-payments or letters of guarantees to
secure critical medical care at the most dire moments, anecdotes of which were very
common among victims of terrorist attacks heretofore. 28 Requests for compensation
and restitution should be submitted to LPSK by the victim of terrorism, their family,
heir(s) or power of attorney during the police investigation, 29 after which the public
prosecutor will include the amount of compensation and/or restitution in the
charges.30 The respective amounts granted by the court will be included in its
decision.31 Perpetrators will face additional jail time if they do not pay the
restitution.32 A noteworthy detail is that if the perpetrator cannot be found or has
died,33 or even if the perpetrator is acquitted,34 compensation is still to be awarded.
21
Article 1 paragraph (2) and (11) respectively of Law No. 5/2018, Chapter I on General Provisions.
22
Article 35A paragraph (1) of Law No.5/2018, Chapter VI on Protection of Victims, which is in line
with the recommendations laid out in the 2012 Report by the UN Special Rapporteur on the
promotion and protection of human rights and fundamental freedoms while countering terrorism,
Ben Emmerson, on ‘Framework principles for securing the human rights of victims of terrorism’,
(A/HRC/20/14 paragraphs 66-67)
23
Article 35A paragraph (2) of Law No. 5/2018, Chapter VI on Protection of Victims; While these
concepts are not defined, Indonesian practice typically refers to victims who were present at the site
of the attack as ‘direct victims’, while the spouses and offspring (or parents and siblings, in cases
where the victims till lived in their parental home) as ‘indicrect victims’. This categorization differs
from the one provided by the UN Special Rapporteur on the promotion and protection of human
rights and fundamental freedoms while countering terrorism in A/HRC/20/14, 2012, who refers to
the latter category as ‘secondary victims’.
24
Article 35A paragraph (3) of Law No. 5/2018, Chapter VI on Protection of Victims.
25
26
Article 36 paragraph (2) of Law No. 5/2018, Chapter VI on Protection of Victims.
27
28
Article 35B paragraph (2) of Law No. 5/2018, Chapter VI on Protection of Victims.
29
Articles 36 paragraph (3) and 36A paragraph (3) of Law No. 5/2018, Chapter VI on Protection of
Victims.
30
Victims.
31
Victims.
32
33
34
8
Retroactive stipulations bestow similar rights – compensation, medical assistance,
psychosocial and psychological rehabilitation, but with the exception of restitution –
to the direct victims of past terrorist attacks who have yet to receive them. 35
Resolving the longstanding issue of determining who qualifies, the new law appoints
BNPT as the agency to issue statements confirming who qualifies as a victim of a past
terrorist attack. Such statements are to be attached to requests for support to
LPSK.36 The law limits the availability of these retroactive rights to victims of attacks
between 2002 and the promulgation of the new Law, 37 and puts a deadline of 3 years
after its enactment for victims of past terrorist attacks to submit their requests for
support.
The law clearly delineates that the implementation of compensation and other
support to all victims of terrorism are the responsibility of LPSK. It further gives LPSK
the mandate to proceed with the provision of compensation even if no request has
been submitted by the victim of terrorism or their family, heir(s), or power of
attorney.38
Additionally, the law limits the scope of the role that Presidential Regulation No.
12/2012 amending Presidential Regulation No. 46/2010 had provided to BNPT, from
‘coordinating the implementation of programmes supporting the recovery of victims
of terrorism’ into a mandate to ‘coordinating programmes that support the recovery
of victims of terrorism’.39
Government Regulation No 35/2020 on the Provision of Compensation, Restitution

and Support to Witnesses and Victims
This regulation, which amends earlier Government Regulation No. 7/2018, mostly
deals with technical implementation guidelines and procedures for the
implementation of compensation, restitution and other support to witnesses and
victims as stipulated in the 2014 Witness and Victim Protection Law and the 2018
Counterterrorism Law.
For victims of terrorism in particular, the Regulation details the procedures they
need to go through to receive compensation, medical assistance and psychosocial
and psychological rehabilitation support.
For compensation, victims of terrorism (or their family, heirs or power of attorney)
will have to submit a request to LPSK, at the latest before the court process starts, 40
which will then be checked for completeness by LPSK. In case the file is not
complete, the applicant is given the chance to add documents, but even if that does
not complete the file, LPSK will have to proceed with the request nonetheless. 41 LPSK
35
Article 43L paragraph (1) of Law No. 5/2018, Chapter VIIC on Transitional Provisions.
36
Article 43L paragraphs (2) and (3) of Law No. 5/2018, Chapter VIIC on Transitional Provisions..
37
Elucidation of Article 43L paragraph (1) of Law No. 5/2018, Chapter VIIC on Transitional Provisions.
38
39
Article 43G sub c of Law No. 5/2018, Chapter VIIB on Institutionsal arrangements.
40
Article 18B of Government Regulation No. 35/2020, Chapter II on the Provision of Compensation
and Restitution, Part 1A on the Provision of Compensation to Victims of Terorrist Acts.
41
Article 18D of Government Regulation No. 35/2020, Chapter II on the Provision of Compensation
9
will then substantively examine the request, after which it will issue a decision which
will include its deliberations, 42 a recommendation to grant or not,43 and in case the
recommendation is positive, detailed calculations on (material and immaterial)
damages as agreed by the Ministry of Finance. 44 The request and decision will then
be forwarded to the police investigator, 45 or the public prosecutor if the case has
already been handed over,46 to be included in the charges. A copy of these
documents will be provided to the applicant victim of terrorism. 47 In case no
perpetrator can be found or they may have died, the LPSK decision and its underlying
request for compensation will be sent straight by LPSK to the courts to get a court
order48 within one year after the attack. 49 If a victim of terrorism does not submit a
request, LPSK can do so themselves following the same procedures as if they had
received one from the victim of terrorism. 50 After a verdict or court order is in force,
it will need to be announced to LPSK within seven days by the prosecutors office, 51
after which LPSK will inform the applicant of the decision within another seven
days.52 The payment will have to be executed within 90 days of receipt of the verdict
or court order by the prosecutors office. 53 If the compensation cannot be paid in the
current financial year, LPSK can pay it out in the next budgetary year. 54 Similar
procedures on restitution are laid out for victims of crime in general. 55 Two clear
distinctions are that LPSK cannot proceed with restitution if the victim had not
submitted a request, and that if the victim does not provide a complete dossier even
after being requested by LPSK, the request for restitution will be considered void. 56
42
Article 18H paragraph (1) of Government Regulation No. 35/2020, Chapter II on the Provision of
Compensation and Restitution, Part 1A on the Provision of Compensation to Victims of Terorrist Acts.
43
Article 18H paragraph (2) of Government Regulation No. 35/2020, Chapter II on the Provision of
44
Article 18G of Government Regulation No. 35/2020, Chapter II on the Provision of Compensation
45
Article 18I paragraph (1) of Government Regulation No. 35/2020, Chapter II on the Provision of
46
47
48
Article 18K paragraph (1) of Government Regulation No. 35/2020, Chapter II on the Provision of
49
Article 18K paragraph (2) of Government Regulation No. 35/2020, Chapter II on the Provision of
50
Article 18M of Government Regulation No. 35/2020, Chapter II on the Provision of Compensation
51
Article 18N paragraph (1) of Government Regulation No. 35/2020, Chapter II on the Provision of
52
Article 18N paragraph (2) of Government Regulation No. 35/2020, Chapter II on the Provision of
53
Article 18O paragraph (1) of Government Regulation No. 35/2020, Chapter II on the Provision of
54
Article 18Q of Government Regulation No. 35/2020, Chapter II on the Provision of Compensation
55
Articles 19-36 of Government Regulation No. 35/2020, Chapter II on the Provision of Compensation
and Restitution, Part 2 on the Provision of Restitution.
56
Article 22 paragraph (4) of Government Regulation No. 35/2020, Chapter II on the Provision of
Compensation and Restitution, Part 2 on the Provision of Restitution.
10
The Government Regulation furthermore regulates the procedures needed for six
categories of victims – among which victims of terrorism – to request medical
assistance and psychosocial and psychological rehabilitation to LPSK. 57 It also
stipulates that victims of terrorism are entitled to medical assistance even without
having to formally request it, in order to allow for emergency medical care in the
direct aftermath of a terrorist attack. 58 In case the victim of terrorism died in the
attack, their family will also be entitled to support for funeral arrangements. 59
The Governmental Regulation also stipulates similar compensation and support
rights and procedures for Indonesian Citizens who fall victim to terrorist attacks
abroad.60 The one difference is that, instead of the police investigator it will be
Indonesia’s diplomatic mission in the relevant jurisdiction, if need be in coordination
with BNPT, who will issue a letter confirming the status of the applicant as a victim of
a terrorist attack abroad.61
For victims of past terrorist attacks, Government Regulation No. 35/2020 provides
for procedures on how to request compensation, medical assistance, psychosocial
and psychological rehabilitation from LPSK.62 The regulation stipulates that the
request will need to be accompanied by a statement by BNPT confirming the status
as a victim of a past terrorist attack,63 will be administratively and substantively
examined and decided64 on by LPSK, and that compensation is to be provided by
LPSK within 30 days of LPSK’s decision. 65 This timeframe can be extended by
57
Article 37 paragraphs (1) and (2) of Government Regulation No. 35/2020, Chapter III on the
Provision of Support.
58
Article 37 paragraph (5) and its elucidation of Government Regulation No. 35/2020, Chapter III on
the Provision of Support.
59
Article 37A paragraph (1) of Government Regulation No. 35/2020, Chapter II on the Provision of
Compensation and Restitution, Part 2 on the Provision of Restitution.
60
Articles 44I-44P of Government Regulation No. 35/2020, Chapter IIIB on the Provision of Medical
Assistance, Psychosocial and Psychological Rehabilitation, Compensation in case of death and
Compensation for Indonesian Citizens falling Victim of Terrorist Attacks outside the Republic of
Indonesia
61
For medical assistance Article 44J paragraphs (7) sub b and (8), for Psychosocial and Psychological
Rehabilitation Article 44K paragraphs (5) sub b and (6), for Compensation Article 44M paragraphs (6)
sub c and (7) of Government Regulation No. 35/2020, Chapter IIIB on the Provision of Medical
Assistance, Psychosocial and Psychological Rehabilitation, Compensation in case of death and
Compensation for Indonesian Citizens falling Victim of Terrorist Attacks outside the Republic of
Indonesia
62
Articles 44B-44H of Government Regulation No. 35/2020, Chapter IIIA on the Provision of
Compensation Medical Assistance, Psychosocial and Psychological Rehabilitation to Victims of Past
Terrorist Attacks.
63
Article 44D paragraph (2) sub e and Article 44E of Government Regulation No. 35/2020, Chapter IIIA
on the Provision of Compensation Medical Assistance, Psychosocial and Psychological Rehabilitation
to Victims of Past Terrorist Attacks.
64
Article 44F paragraph (2) of Government Regulation No. 35/2020, Chapter IIIA on the Provision of
Terrorist Attacks.
65
Article 44G paragraphs (1) and (2) of Government Regulation No. 35/2020, Chapter IIIA on the
Provision of Compensation Medical Assistance, Psychosocial and Psychological Rehabilitation to
Victims of Past Terrorist Attacks.
11
another 30 days,66 and if the compensation cannot be provided in the current
financial year, it can be paid in the next budgetary year.67
Situation on the ground

LPSK has been applying significant humand and financial resources since the
enactment of the 2014 Witness and Victim Protection Law to prepare for its
implementation once legal clarity would emerge, which came with the promulgation
of the 2018 Counterterrorism Law and the Government Regulation 35/2020. Victims
of terrorist attacks going back all the way to the first Bali bombing were asked to
submit request forms, in which they were asked to indicate what they were
requesting (compensation, medical assistance, psychosocial and/or psychological
rehabilitation). In April 2018, LPSK signed an MoU with the Indonesian Forensic
Docters Association (PDFI, or Perhimpunan Dokter Forensik Indonesia) to support
LPSK with assessing wounded victims to help establish compensation amounts.
According to estimates by LPSK, 68 based on media reports and other sources, at least
1,637 individuals have fallen victim69 to terrorist attacks since 2002 in Indonesia, 360
of whom had died as a result. Data of LPSK furthermore indicates that, as at August
2020, 564 victims had requested some form of support at the Agency based on
existing legislation and regulations. Of these, 339 requests were received from
victims of attacks that occurred between 2002 and the enactment of the 2018
Counterterrorism Law . The remaining 224 requests pertained to attacks after the
enactment:
66
Article 44G paragraph (3) of Government Regulation No. 35/2020, Chapter IIIA on the Provision of
Terrorist Attacks.
67
Article 44H of Government Regulation No. 35/2020, Chapter IIIA on the Provision of Compensation
Medical Assistance, Psychosocial and Psychological Rehabilitation to Victims of Past Terrorist Attacks.
68
As presented during a (virtual) joint workshop between LPSK and UNODC on the International Day
of Commemoration of and Tribute to the Victims of Terrorism, 21 August 2020
69
As defined in article 1 of Law 5/2018
12
Victims of terrorism in Indonesia who have requested assistance
from LPSK (per August 2020)
Victims of terrorist attacks between 2002-2018 Victims of terrorist attacks after 2018
As of August 2020, 489 requests by victims from 45 different incidents have been
decided on, while the remaining 75 are still in process:
Status of requests for LPSK assistance by victims of

terrorism in Indonesia (per August 2020)
Requests still in process
Requests that have been decided on
0 100 200 300 400 500 600
Victims who need medical assistance and/or psychological rehabilitation have been
issued with a buku hijau, or green book. This functions as a form of medical
insurance card which allows them to see a doctor and psychologist on issues related
to the terrorist attack. The standard validity of these cards is 6 months, after which
LPSK can extend if there is a need based on assessment by qualified medical and/or
psychological professionals. Some victims have also received vocational (re)training,
for instance, victims participated in a recent training on how to become a barista on
2 September 2020.
13
However, among victims who have already submitted the form to LPSK, some have
indicated they had not requested the full scope of support they are hoping for, being
not fully aware that was the moment/form to do so. LPSK is assisting victims’
associations to provide an overview of who had requested and been granted what,
so that victims can apply for those services they had not yet applied for, as long as
they do so before the deadline of 22 June 2021 (in the case of victims of past
terrorist attacks).
Challenges and needs going forward
A number of challenges and/or needs have been identified:
I. Institutional and Budgetary capacity
First and foremost, a clear legal and budgetary mandate has been given to LPSK to
provide and deliver a wide array of monetary compensation and other support to
victims of terrorism, both from domestic attacks as well as Indonesian citizens from
attacks abroad. Given the large number of requests already received, the number of
victims who are eligible but haven’t submitted any request, and the unfortunate
reality that there may be more victims of terrorism in the future, investments need
to be made in the institutional and budgetary capacity of LPSK as the legally
appointed Agency to implement the relevant legislation. Especially in times of a
pandemic, this appears to be a particular challenge. However, given the deadline set
in the 2018 Counterterrorism Law for submissions by victims of past attacks, urgent
support is needed to ensure proper and timely fulfilment of rights bestowed upon
victims who, in some cases, have been waiting for 18 years to receive any such
support from the State.
In this regard it is important to note that, beyond the support LPSK is legally
appointed to deliver to victims of terrorism, of both new and previous attacks, other
State bodies are currently also organising (mostly ad hoc) support for victims, such as
mass psychosocial support events, modest education scholarships and support for
small-scale enterpreneurs. Whereas such programs are not mandated through either
the 2014 Witness and Victim Protection Law or the 2018 Counterterrorism Law, as
those both clearly stipulate that any support arranged for in the law be decided on
and delivered by LPSK,70 they are generally welcomed by victims as an additional
source of support. Caution should be taken though that State budgets spent on
these non-mandated programs do not come at the cost of LPSK budgets, not in the
least to ensure that necessary protections in the implementation of support
programs for victims are ensured. 71 Such additional support should be viewed
primarily as a complement, not a replacement, of the essential, foundational support
provided by LPSK.
70
Article 35B paragraph (1) of Law No. 5/2018, Chapter VI on Protection of Victims, Article 6
paragraph (2) of Law No. 31/2014, Chapter II on Protection and Rights of Witnesses and Victims; but
also Articles 41, 44B paragraph (2) and 44G paragraph (1) of Government Regulation No. 35/2020,
Chapter III on the Provision of Support.
71
Such as there is in the elucidation of Article 36 paragraph (1) of Law No. 31/2014, Chapter IV on
Conditions and Procedures for the Provision of Protection and Assistance, which stipulates that
victims and witnesses should agree to the presence of organisations outside of LPSK in the delivery of
support.
14
II. Continuity of medical assistance, psychosocial and psychological
rehabilitation where needed
Physical injuries as a result of terrorist attacks are not always immediately apparent.
Medical complications oftentimes present themselves years or even decades after
the attack. Many victims from terrorist attacks in the early 2000s are still facing
health consequences caused, directly or indirectly, by injuries that they experienced.
These present daily challenges. Meanwhile, other victims have fortunately fully
recovered physically and psychologically.
The current understanding in the victims’ community is that the medical insurance
card (so-called ‘green book’, see above) can be extended up to 3 times, implying a
maximum of 2 years coverage.
For a number of victims, this medical assistance will be needed for quite some time
to come, and for other victims who seem to be recovered now, the need might
resurface if latent issues arise. Clarity is needed on how victims who have requested
medical assistance within the stipulated deadlines but who will need support beyond
such time can be ensured of this assistance.
Verbal commitments have been made that, despite the 22 June 2021 deadline for
victims of past attacks, medical assistance beyond that deadline can be provided
based on the 2014 Witness and Victim Protection Law.
One complication presents itself though: while the group of victims of attacks
predating the promulgation of the 2018 Counterterrorism Law includes victims who
are eligible for the rights stipulated in the 2014 Witness and Victim Protection Law,
there’s also a group of victims of attacks that predate the latter law. What happens
to them if they still need medical assistance after the deadline of 22 June 2021, and if
their medical insurance card as provided by LPSK has lapsed?
III. How to identify and engage with victims unaware of rights
As can be gleaned from the numbers LPSK has provided, more than a thousand
victims have not submitted a request for compensation, medical assistance or
psychosocial and psychological rehabilitation. This includes more than 600 victims
from terrorist attacks that took place before the 2018 Counterterrorism law was
enacted, for whom the deadline applies of 22 June 2021. How can LPSK reach these
victims to ensure they are aware of their rights and therefore empowered to
exercise them, if they choose to do so? One additional dimension is that among the
large group of victims of past terrorist attacks there are likely to be a significant
number of foreigners who were visitors to Indonesia when they fell victim to a
terrorist attack. The law does not exclude foreign victims of terrorist attacks in
Indonesia from receiving the same rights under the prevailing laws as Indonesian
citizens. It does explicitly limit the rights of victims of terrorist attacks conducted
outside of Indonesia to Indonesian citizens. Hence, foreigners are entitled to the
rights stipulated in these laws too. Detailed recommendations meeting the particular
challenge of foreign victims of terrorist acts in Indonesia will be provided in the
following section.
One additional challenge pertains victims of potential new, future attacks. How can
LPSK ensure that they are informed of their rights, and accompanying procedures?
15
And what practical mechanisms are in place to ensure hospitals are aware that
emergency medical assistance to new victims will be covered by the State?
Key policy recommendations

1. LPSK could organise several interagency meetings to raise awareness on its legal
mandate and the implications it brings, specifically targeting the following
objectives:
a. For budgetary & institutional strengthening: key government officials and
institutions with authority over budgeting and institutional affairs such as
from the Coordinating Ministry for Political and Security Affairs, the
Ministry of Finance, the Ministry for State Apparatus Empowerment and
Bureaucratic Reform, relevant Members of Parliament from Commission
III on Law, Human Rights and Security, Ministry of National Planning /
Bappenas and other important stakeholders as identified by LPSK.
LPSK could consider advocating for the creation of a separate fund that
will serve as the source of future compensation (and potentially other
support) for victims. Such a fund would prevent sudden spikes in the
number of victims in a certain year to cause undue pressure on LPSK’s
annual budgets, and could be funded by annual contributions of a certain
percentage of LPSK’s budgets. Alternative contributions could also be
considered, drawing inspiration from a similar fund for victims of
terrorism in France, where all insurance policies are now mandated to be
added a modest premium that would be transferred into the fund.
b. To improve interagency coordination in the delivery of support to victims,
and create more understanding of LPSK’s legally mandated central role in
this: key government officials and institutions who are or could support
victims in their rehabilitation, such as BNPT, the Social Affairs Ministry,
the Manpower Ministry, the Ministry for Cooperatives and Small and
Medium Enterprises, and other important stakeholders as identified by
LPSK. This process should be driven by LPSK as the government institution
with the primary mandate for meeting the needs of victims of crime.
A deeper understanding of the laws covering the fulfillment of victims’
rights in Indonesia could be conveyed, as well as underlying principles
that all victims, regardless of membership or participation in certain
associations or activities, should be equally entitled to receive proper
support as defined in the laws and regulations. This is not to say that the
amount, shape or timeframe of support should be equal. These should be
individualized and based on assessments by LPSK, as mandated.
When organising these activities, LPSK could draw on the support and
participation of local victims’ associations and CSO’s assisting victims as
appropriate on each occasion.
2. Organise informal consultations with victims’ associations and other possible
stakeholders to explore needs, aspirations and expectations of support for
16
victims of terrorism after the backlog of compensation payments for victims of
former attacks has been cleared. This could potentially lead to an informal
advisory mechanism, drawing on the experience of existing victims of terrorism
assisting LPSK to implement ever more victim-centric programs.
3. LPSK could consider issuing internal policy decision/regulations that clearly state
that victims of past terrorist attacks who have requested medical assistance and
psychosocial and psychological support before the deadline of 22 June 2021, will
be considered to be legitimate victims as defined under the 2014 Witness and
Victim Protection Law and the 2018 Counterterrorism Law, and be eligible for
future renewed medical assistance, psychosocial and psychological rehabilitation
if the need arises and is confirmed by independent LPSK-appointed assessors. 72
4. Organise awareness raising campaigns within Indonesia to inform as many
Indonesian victims as possible on the procedures and deadlines for submitting
requests for compensation, medical assistance, and psychosocial and
psychological rehabilitation. It would also be important for LPSK to determine
how they want to reach out to foreign victims of terrorist attacks in Indonesia, it
could approach the United Nations to discuss how they could be best reached.
5. Ensure an effective Standard Operating Procedure is in place that would be
activated in case of new attacks, forming an ad-hoc emergency task force who
will actively reach out to hospitals where victims of the new attack could have
been brought for medical assistance, and who can establish contact with victims
(and/or family members, if relevant) to follow-up after the immediate aftermath
to provide full information about their rights, and the procedures they need to
follow to receive them.
72
Articles 41, 42 and 43 of Government Regulation No. 35/2020
17

Disposisi Ketua Nomor 2150

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Disposisi Ketua Nomor 2150

Uploaded by

Copyright:

Available Formats

1

State Support for Victims of Terrorism in Indonesia

THE THREAT OF TERRORISM PERSISTS in Indonesia. It remains one of the country’s

Victims’ rights in Indonesia: A short history

Prevailing laws and regulations relating to victims of terrorism

Government Regulation No 35/2020 on the Provision of Compensation, Restitution

Situation on the ground

Status of requests for LPSK assistance by victims of

Requests still in process

Requests that have been decided on

0 100 200 300 400 500 600

Key policy recommendations

You might also like