The treat, legal claim even criminalization remain to be the highest trend for the whistleblowers and many of them also are sentenced in prison since they are considered to defame good name of the reported.
The Press Legal Aid Institution (LBH) has initiation to strengthen comprehension of the lawyers’ freedom of expression with their defend ability to defend whistleblowers who have legal cases. Such initiation has been accomplished by making training manual for defender advocate of the whistleblower and advocate training in defending the whistleblower in the Court. The followings are detail of the activities:
- Focus Group Discussion (FGD) of Training Module Composition
Prior to the training or reinforcement done by the Press Legal Aid Institution, it composes Module in entitled “Pembelaan Hukum Terhadap Whistleblower di Pengadilan” (Legal Defense to Whistleblower in the Court). This module is made with the purpose to build competency of lawyers to carry out advocacy and legal defense for criminal cases with regard to whistleblower.
In the event of composition of module, the Press Legal Aid Institution thinks it is significant to listen to inputs from the practitioners who often make direct contact with the issue of witness protection right and victim. Therefore, we create a focused discussion forum to listen to such inputs.
Focus Group Discussion is an initial series of program and composition of this module with the purpose to:
- To ask input regarding to training module to stakeholders and practitioners who often make contact with the issue of witness protection right and victim.
- Module will be an educational means of lawyers for legal protection for whistleblower. And the role of Advocate (lawyer) in the case of defense to witness and victim when having legal case is very vital, then comprehension of advocate on defense of witness and victim becomes significant.
- Legal Defense Training to Whistleblower in the Court
Such as detailed above, the essence of this program is an advocate training workshop in defending whistleblower in the Court. Advocate training workshop in defending Whistleblower in the Court which is conducted by The Press Legal Aid Institution (LBH) jointly with PPMN is purposed :
- To increase comprehension of participant in connection with norms of the whistleblower.
- To share experience on the best practices and valuable lesson in advocacy/legal defense of criminalization cases of whistleblower.
- To plan advocacy strategy of right to information cases and freedom of expression for national level.
This advocate training is joined by participant from various regions in Indonesia. Other than varieties from many regions, the Press Legal Aid Institution also selects participant based on issue representation such as anti corruption issue, environment, media, freedom of expression and other human rights issue.
For two days full, the participants are facilitated by Mr. Mufti Makarim and they are given material as module or training manual which is given by committee of the Press Legal Aid Institution. This guide book is divided into 7 modules, 1 (one) introduction Module, 2 (two) modules discuss on norm issue and whistleblower protection, 1 (one) module discusses on right to information issue, and 1 (one) module on advocacy strategy, also 1 module discusses on discussion focus of participant of training and the last module is evaluation and closing. However, in the practice, each section of this module can be adjusted with practical and strategic needs in the field. The necessity and character of participant is advisable to be prioritized in recomposing any kind of modules which is most significant to be informed to the participant.
Product to Training
First Module or Training Manual which contains on training technical and complete material of training including material orally notated by note person, second, there are 22 advocates who are ready to accompany whistleblower especially in indonesialeaks scheme. Although the number of advocate is not many but alumni advocates of this training are spreaded in various regions such as Sumatera, Java, Kalimantan and other areas. Besides, after workshop is done, participants have initiative to make a kind of advocate network for freedom of speech especially in whistleblower case. This forum is really needed in assisting advocacy of each advocate who is handling case of freedom of speech in the internet. Apart from it, this forum is expected to be able to be a discussion forum, exchange of thought related to case handling strategy.
In the practice, threat and intimidation to the present of information source is not only laid from the side of initial informant. Sometimes, mediator and information processor such ad Indonesian leaks platform is able to receive violence, threat or action which is not permitted by the law. Therefore, legal mitigation to creation of platform must be learned further to minimize legal claims in the future that will damage that platform itself.