The victim in the alleged rape case involving a cabinet minister has refused to lodge a complaint and hence Indonesian non-government organisation Migrant Care cannot take further action.

According to the influential daily Kompas, Migrant Care has said it cannot bring the matter to justice.

Wahyu SusiloMigrant Care’s policy analyst Wahyu Susilo said in a press conference in Jakarta today that the NGO respects the victim’s request.

“She has refused to come forward to lodge a complaint since yesterday. Hence, we cannot bring the matter to justice,” said Wahyu (left).

“We need a report before we can take further action. However since yesterday the victim has not been willing to come forward. We respect her decision.

"In this case, we may not want to take further legal action, but to use the issue to educate both governments on the necessity to respect human rights, especially the protection of migrant workers,” Kompas quoted him saying during the press conference.

This latest development follows Information, Communication and Culture Minister Rais Yatim’s denial on Wednesday of raping the 46-year-old maid in 2007.

Checks by Malaysiakini on five Indonesian news outlets including Kompas, Jakarta Post, Tempo, Jakarta Globe and news portal Detik.com showed they had only reported on Rais’ denial, and some reports refused to name the victim.

Today Prime Minister Najib Razak urged Malaysians to let the due process of law take its course.

No compensation paid

Wahyu said there is no further action that can be taken by the Indonesian government in the matter as an investigation report had to be filed by the victim.

“The government cannot do anything as a report is needed in order to protect the victim under the Eyewitness and Victim Protection Programme,” he said.

Asked on the possibility of the minister (Rais) paying compensation to the victim, Wahyu explained there was no compensation received by the victim following the issue.

“She only received what is rightfully her wages. There were no problems with her salary. Since the report surfaced in 2007, we have not been in contact with the minister,” he said.

“What is important is the condition set by the victim that she live in peace and is back in Indonesia. There is no other thing which we can do,” he said.

Migrant Care’s Wahyu said the NGO is not fearful over possible repercussions or threats that it may face from the Malaysian minister following the revelation, as it had no intention to publicise the matter outside Indonesia.

“We are not an interested party, as this involves the maid’s case. We also do not have any interests with the minister. I stress that our investigation documents were only handed over to the Indonesian embassy in Malaysia and also the Indonesian police,” he said.

Wahyu also hoped the Indonesian government will fulfill its pledges in the case, including seeing Malaysia and Indonesia revise the memorandum of understanding between both countries on the protection of migrant workers.

“It is hoped the revision to the memorandum will become an instrument to protect the workers and at the same time reduce the problems of maids with regards to violation to their rights such as physical, sexual and molestation,” he said.

Malaysia and Indonesia are still negotiating the memorandum on the rights of maids. Indonesia is the main supplier of foreign maids to Malaysia.

The alleged rape was reported by Migrant Care in an internal report a few years ago that made its way into blog postings.

It was reported the victim was fearful of the minister’s reach. The minister had served in former premier Abdullah Ahmad Badawi’s cabinet, where the minister was described as “having a lot of money and acquaintances in Indonesia”.

“It is feared that something would happen to the family of my sister, such as was done in the Altantuya case in Malaysia,” read a letter written by the victim’s sister dated mid-2007, in reference to slain Mongolian national Altantuya Shaariibuu.

Rais issued denial

Information, Communications and Culture Minister Rais Yatim has issued a denial of the rape allegations.

NONERais, who is Jelebu MP,  has described the claim as “heaps of libellous statements and awful, ugly and wicked lies”.

“I readily state that any report by anyone so far related to this matter should be investigated under the country’s laws,” Rais (right) had said.

Rais said he and his family members were prepared to extend their full cooperation in such an investigation, and would accept and comply with any outcome of the probe.

The minister has been under tremendous pressure from the opposition as they had asked him to clear his name if the reports were untrue. Police reports were also filed.