Tanjungpinang District Court Judge Boy Syailendra read out the decision rejecting the request for compensation (restitution) for 28 Indonesian migrant workers victims of drowning, consisting of 8 survivors and 20 victims who died on Tuesday (16/8/2022).
The perpetrator of the smuggling was Susanto (Acing). The victim was smuggled to Malaysia. Judge Boy explained that the request for restitution filed by the general prosecutor of the 28 Indonesian migrant workers could not be accepted.
Judge Boy explained that the request was not complete. They did not attach evidences in the application that show the Indonesia migrant workers as victims.
He also said that the Witness and Victim Protection Agency (LPSK) reported to the general prosecutor only about details and calculation of losses. There was no evidence of the losses in the report.
While it is stated in Supreme Court Regulation (Perma) number 1 of 2022 concerning procedures for submitting, requesting and granting restitution and compensation for victims of criminal acts, the requirements for restitution must be accompanied by evidence of material loss to the applicant or victim as stated in Government Regulation (PP) Number 7 of 2015 concerning the provision of compensation and restitution legalized by the competent authority.
However, Hakim Boy stated, referring to article 2, paragraph 1 letter A the Perma Number 1 of 2002 that this regulation applies to requests for restitution for serious crime violations such as terrorism, the criminal act of human trafficking, discrimination against race and ethnicity and other crimes determined by the LPSK decision.
“However, the LPKS report submitted by the Prosecutor for restitution compensation is not a decision of the LPKS.” Judge Boy added quoted from presmedia.id on Tuesday (16/08/2022).
He also added that the request for restitution was not attached the evidence so it was not accordance with the Supreme Court Regulation (Perma) number 1 of 2022 and the government regulation number 7 of 2015.
Based on this, the Panel Judges decided to reject the request for restitution submitted by the public prosecutor.
One wooden boat that was submitted as evidence (Sebar In I GT:85 No. 483/Lc (2013ka. No. 537/L)) was returned by the Panel Judges to Acing. The Judge said that wooden boat was only a place to pass a speed boat that would carry victims smuggled to Malaysia. It is not a transportation to carry passengers. (Roudhotul Jannah).
Excerpted from media presmedia.id
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