THE DEVELOPMENT OF VICTIMOLOGY IN INDONESIA By Fachri Bey, SH. MM.Ph.D Member of WSV, Former Dean Faculty of Law University Esa Unggul Senior Lecturer of Victimology in University of Indonesia and University of TRISAKTI Indonesia
VICTIMOLOGY • Is the scientific study of crime victims, focuses on the physical, emotional, and financial harm people suffer at the hands of criminals.
VICTIMOLOGY • Is the scientific study of victimization, including the relationships between victims and offenders, the interactions between victims and the criminal justice system that is, the police and courts, and corections officials,
Count. • And the connections between victims and other social groups and institutions, such as the media, businesses and social movements. (wikipedia.com)
VICTIM • RALPH DE SOLA : • VICTIM IS PERSON WHO HAS INJURED MENTAL OR PHYSICAL SUFFERING, LOST OF PROPERTY OR DEATH RESULTING FROM AN ACTUAL OR ATTEMTED CRIMINAL OFFENSE BY ANOTHER.
VICTIM COHEN : • VICTIM WHOSE PAIN AND SUFFERING HAVE BEEN NECLECTED BY THE STATE WHILE IT SPENDS IMMENSE RESOURCES TO HUNT DOWN AND PUNISH THE OFFENDER WHO RESPONSIBLE FOR THAT PAIN AND SUFFERING.
THEORY ABOUT THE VICTIMOLOGY • VICTIMS OF CRIME (Hans von Hentig, Schafer, Fattah • VICTIMS OF EVERYTHING (Mendelsohn) • SPECIAL VICTIMS • GENERAL VICTIMS • PENAL VICTIMS
COUNT. • CONVENTIONAL • UNCONVENTIONAL (Mardjono) • Basic structure (Kirchhoff) • DEALING WITH : • Victims • Victimizations • Reaction to both
History of victimology • Victimology as an academic terminology contains two elements : One is the Latin word “Victima” translates into “victim” • The other is the Greek word “logos” means a system of knowledge, the direction of something abstract, the direction of teaching, science, discipline.(Kirchhoff 2005-42) • Victim means a person harmed by a crime, tort, or other wrongful act .(Black Law Dictionary:1999) • Victims are persons threatened, injured or destroy by an act or omission of another man/structure,organization/institution. • (Separovic, 1969)
Wellknown victimologist • Hans von Hentig, Benyamin Mendelshon, Paul Cornil,W.H. Nagel, Michael O’Connell, Hidemichi Morosawa, Israel Drapkin, John P.J. Dussich, Gerd Ferdinand Kirchhoff ,Ezzat Fattah, Zvonimir Paul Separovic, Paul C. Friday, Elias Neuman, Robert Elias, Irvin Waller, Sarah Ben David, Kerr, Reif, Marlene A.Young, Hans Joachim Schneider, Sahetaphy, Mardjono Reksodiputro, Arif Gosita and so on.
Victim of Crime • Victims means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative with in member state, including those laws proscribing criminal abuse of power. • (UN Declaration 1985 on Basic Principles of Justice for Victims of Crime and Abuse of Power)
1764 Cecare Beccaria in Milan introduces “modern” criminal law. • 1923 Edwin H. Sutherland : wrote “Criminology” had the title “The Victims of Crime”. • 1929 “There is a book on victims” by J.R. Fuguora & D. Tejera, F.Pla. • 1937, March 29th, Hans von Hentig & Benyamin Mendelshon in a paper presented to a meeting of the Psychiatric Society in Bucharest Rumania, gave the outline of a new social science which he called “Victimology”. • 1941 Hans von Hentig wrote and published a paper “ Remarks on the Integration of Perpetrator and Victim” • 1947 Mendelsohn wrote a paper “ New Bio-psycho-social Horizons : Victimology”
1948 Hans von Hentig published his book : “The criminal and His Victim” The first textbook published that wrote on crime of victims. • 1954 Ellenberger made a study about psychological relationship between the criminal and his victim • 1958 Mendelshon : Six demands published, serve as a classical example of the vision of new science,own journal, own institute, own international society, own international simposia, and own victimological clinics.
1963 Criminal Compensation Act Compensation New Zealand • 1964 United States, UK and Australia. Margaret Fry fight for a new criminal law system. • 1966 California State Compensation Act. Japan Criminal Indemnity Law. • 1967 Canada Criminal Compensation Injuries Act. Cuba before Castro, and Swiss. • 1967 Stephan Schafer introduced the terminology of compensation.
1970 International Congress of Criminology VI established organisation of victimology. • 1973 The First Simposia of Victimology in Jerusalem. Prof.DR.Israel Drapkin wrote a paper ; “Critical Reasoning alone barren” • 1974 ISC the first international recommended for Victimology • 1975 Criminal Compensation Act in Holland • 1976 Emilio Viano edited The First Journal of Victimology and published. • 1976 The Second Simposia of Victimology in Boston USA. • 1979 The Third Simposia of Victimology in University of Wesphalia Germany.
1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power. • The Declaration deals with these basic principles : • Remedies to assist victims in their need information. • Participation of the victim in the criminal justice process • Restitution by the offender • Compensation by the State • Acces to victim assistance. • 1986 Robert Elias published his book and the volume about The politics of Victimization ; Victims, ; Victimology and Human Right. • In symposium WSV 2012 in Den Haag, --- next UN Convention
Victimology in Indonesia • 1982 First Lecture of Victimology in Faculty of Law University of Indonesia, by Dr. Arif Gosita SH • MANY FACULTY OF LAW in Jakarta and others in Indonesia take Victimology in the curriculum Faculty of Law.Unpad, Undip, UNAIR • UI, Trisakti, Atmajaya, Pancasila, UEU,
Count. • Seminar of Victimology in University of Diponegoro Semarang • Seminar of Victimology in University of Airlangga Surabaya. • Many books about Victimology wrote by Arif Gosita, Sahetapy, Mardjono Reksodiputro, Topo Santoso and so on on.
Seminar & Post Graduate Course • Socialization Law No. 13/2006 UI, Minister of Justice. and Human Right • Seminar Anti Trafficking UI, UKM • Seminar UI, UKM, Univ. Udayana • Post Graduate Course LPSK & UI • Seminar UEU & UKM • Seminar Anti Coruption UEU
Count. • Criminology UI and LPSK : Reparation and Compensation in Restorative Justice System. Wrote this book in 2011. • Class of Victimology, Student participation for Victimology Lecture • Visited many prisons in Indonesia
Count. • Indonesia ratifying /adopted the UN 1985 Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power • Many laws,regulations and acts published in Indonesia to give the protections for the victims.
Laws, act, regulation on victim and witness • The constitution 1945 and 4th amandements • Law no. 7/1984 ratifying CEDAW • Law no. 39/1999 on Human Right • Law no. 23/2002 on Child Protection • Law no. 23/2004 in the Elimination of Domestic ViolenCE • Law no. 15/2003 on Anti Terorist
Count. • Law no. 21/2007on Elimination of Human Trafficking, no.24/2007 Disaster. • Law no. 13/2006 on Witness & Victims Protection. • Law No. 26/2000 H.Right Court. • Many Presidential Decrees, Government Regulations had published in Indonesia.
THE CONDITION • In many criminal cases, The attention and protection of the law enforcement authorities give only to the offender, however, the victims get minor attention. • The victims suffered harm : • Physical or mental injury • Emotional suffering • Economic loss • Substantial impairment of the fundamental rights.
Formulation of the law, regulation, act, thinking, are dedicated only to the offenders, about how to guarantee their rights, how to educate/ train them properly in correctional institution, how to protect their rights before the police officers, district attorney as well as in trial process before the judge
The public prosecutor/district attorney tend to be extremely careful in indicting the accused, in as much they are controlled frequently by the lawyer of accused.
The rights of the victims of crime have never been thinking seriously nor to provide them the proper and adequate treatment by the law enforcement authorities.
example • A robbery case inside the Cab: a girl back home from work. She takes an unloaded cab. However, when the cab is driven along the street suddenly somebody appears from the front seat next to the driver. He/ she threat,assault, and picks up her valuable goods. The driver is his companion so he also take part in this crime by raping the girl. At the end, the girl was found fainted due to the raping and assaulting series.
People who found her somewhere along the street side, take her to the hospital subsequently and she soon get medical treatment and psychological trauma treatment respectively. She bear her own costs since nobody pay attention or afford to bear her costs.
The rape trauma of the victims • Insomnia, menstruation disorder,headache • Stress, afraid with aids, vd,difficult concentrating, feling out of control • Self blaming, pscychosomatic • Suicidal impulses, depression • Hate/phobi to male, frigid, no libido • Become lesbian, change sex orientation • Phobi to everything relation with the rape • She suffered physical harm, mentality harm, and material/ financial harm. • So the victims need carring, preventing, protecting, assisting, reducing suffering and restituting (Sessar 1986 919)
In criminal justice system victims always abuse and neglect. • Okamura claims that the official system has used and abused the victims with out giving proper rights’ • Victims want participation and they are clear about : • 1. they way a seat in the court room • 2. they want acces to the files • 3. they want to have their own interets in criminal proceedings acknowledged (Kirchhoff 2005 -63)
Reiff 1979 wrote about a couple husband and wife, rober and torture in New York. No one help them. They suicide in they apartment and leave a paper : we don’t want to live in fear anymore.
The lawyer of the offenders tend to (always) talk about the human rights protection of the offender which render the public prosecutor feel uncertain.
The scope of Victimology not only in criminal law and criminology field but has been developed to other fields as well. • Criminology - offender oriented • Victimology - victim oriented
Conventional victims • Victims of robery • Victims of rape • Victims of murder • Victims of deception • Victims of assault/battery • Victims of torture
Inconventional victims • Victims of technology • Victims of environment pollution • Victims of traffic accident • Victims of apartheid • Victims of slavery • Victims of trafficking • Victims of genocide • Victims of organized crime • Victims of terrorist • Victims of crime against human right • Victims of malpractice • Victims of disaster
The victimologist in the past and in the present time come from different academic or professional backgrounds – from sociology or from law, from psychiatry or from psychology, from social work, and from management, (Kirchhhoff 2005-42), also environment/ecology, nursing, criminology and so on.
Victimology was born from its ‘mother’, namely Criminology. • Historically, victimology bloomed in criminology (Kirchhoff 1995-37)
In many countries victimology icluded Indonesia, are treated not only as a new knowledge , a new emerging field, but also as a “terra incognita” (undiscovered land)
After sixty years (from 1940s) victimology has established itself both as a perspective and a viable force in the evaluation of criminal justice system around the world.
Through the activities of the World Society of Victimology, international symposia, and courses, there has been considerable information and idea generated regarding victimology.
PENGERTIAN • PP No. 2 thn 2002: • Korban adalah orang perseorangan atau kelompok orang yang mengalami penderitaan sebagai akibat pelanggaran hak asasi manusia yg berat yg memerlukan perlindungan fisik, dan mental dari ancaman,gangguan, teror, dan kekerasan dari pihak manapun. • UU PKDRT , UU no. 23/2004 ps 1/3 : • Korban adalah orang yang mengalami kekerasan dan/atau ancaman kekerasan dalam lingkup rumah tangga.
UU NO. 13/2006 TTG PERLIN DUNGAN SAKSI DAN KORBAN • KORBAN ADALAH SESEORANG YG MENGALAMI PENDERITAAN FISIK, MENTAL, DAN/ATAU KERUGIAN EKONOMI YG DIAKIBATKAN OLEH SUATU TINDAK PIDANA
PENGERTIAN KORBAN MENURUT UU 21/2007TTG PEMBERANTASAN TINDAK PIDANA PERDAGANGAN ORANG • KORBAN ADALAH SESEORANG YG MENGALAMI PENDERITAAN PSIKIS, MENTAL, FISIK, SEKSUAL, EKONOMI, DAN /ATAU SOSIAL, YANG DIAKIBAT KAN TINDAK PIDANA PERDAGANGAN ORANG.
UU NO 24/2007 TTG PENANGGULANGAN BENCACA • KORBAN BENCANA ADALAH ORANG ATAU KELOMPOK ORANG YG MENDERITA ATAU MENINGGAL DUNIA AKIBAT BENCANA.
PENGERTIAN • Victimology terdiri dari kata victim dan logy • Victim berasal kata viktima yang berarti korban. Sedangkan logy dari kata logos yang berarti pengetahuan ilmiah, ilmu, kata atau suatu study. • Dalam perundang-undangan Indonesia sudah ada juga dirumuskan tentang pengertian korban tersebut.
PENGERTIAN • PP No. 3 thn 2002 tentang Kompensasi, Restitusi, dan Rehabilitasi thd korban HAM berat : Korban adalah orang perse orangan atau kelompok orang yg menga lami penderitaan baik fisik, mental maupun emosional, kerugian ekonomi, atau mengalami pengabaian, pengurangan atau perampasan hak-hak dasar nya, sebagai akibat pelanggaran hak asasi manusia yg berat,termasuk korban adalah ahli warisnya. • UU No. 27 Thn 2004 KOMISI KEBENARAN DAN REKONSILIASI
Pengertian dari Deklarasi PBB • Declaration of Basic Principles of Justice for victim of crime and abuse of power : • “Victims” means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss, or substantial impairment of their fundamental rights, through acts or omissions that are violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power.
Pengertian • UU 13/2006 tentang perlindungan saksi dan korban : • Korban adalah seseorang yg mengalami penderitaan fisik maupun mental serta kerugian ekonomi yg diakibatkan oleh suatu tindak pidana.