Legal Literacy - Legal protection for witnesses and victims aims to provide a sense of security and protection to witnesses and victims from all forms of threats and fear from perpetrators of criminal acts that may affect the disclosure of truth in enforcement. criminal law.
Regulations on the Protection of Witnesses and Victims in Indonesia
The protection of witnesses and victims in criminal provisions in Indonesia has not been explicitly regulated. In Articles 50 to 68 Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) only regulates protection for suspects or defendants to receive protection from various human rights violations.
Article 77 juncto Article 80 of the KUHAP grants victims of crime the right to exercise control over investigators and public prosecutors, namely to object to the termination of investigation or prosecution in their capacity as an interested third party. Furthermore, Articles 98 to 101 of the KUHAP contain provisions that provide opportunities for victims to file claims for compensation combined with the criminal case in question.
Law Number 13 of 2006 concerning the Protection of Witnesses and Victims mandates the establishment of the Witness and Victim Protection Agency (LPSK) as the implementer of the government's will. LPSK is an independent institution established and responsible for handling the provision of protection and assistance to witnesses and victims based on the duties and authorities as regulated in the law.
Law Number 13 of 2006 also mandates the provision of funds from the government used to provide compensation, restitution and indemnity to victims in cases of gross human rights violations. Based on the principle of equality before the law, which is one of the characteristics of a state based on law, witnesses and victims in the criminal justice process must be given guarantees of legal protection. The core of the material regulated in the Law on the Protection of Witnesses and Victims is:
- Protection and rights of witnesses and victims;
- Witness and Victim Protection Agency;
- Terms and procedures for granting protection to witnesses and victims;
- Criminal provisions.
- Witness and Victim Protection Regulations in the UK
The position of witnesses in the criminal justice system in the UK can be seen from the treatment of witnesses in the UK criminal justice system. Provisions regarding witnesses and/or victims, as well as their rights and obligations in criminal court, are regulated in the Witness Charter. The Witness Charter has been developed to inform witnesses how they can be treated by law enforcement if they are acting as witnesses to a crime or witnesses of fact.
The charter also regulates the treatment of witnesses by criminal justice agencies and lawyers if the witness is asked to provide evidence for prosecution or defense in court. The charter provides guidelines that help and support each witness to know their rights at every stage of the process from all criminal justice institutions.
When becoming a witness, each witness is first explained about what services can be provided and what they can request. Law enforcement is also required to explain what is required of the witness and therefore provide certain treatment.
The witness protection stipulated in the witness charter applies to all witnesses. If the witness is also a victim, then in their capacity as a victim they have rights regulated in the Code of Practice for Victims of Crime.
The introduction to the Witness Charter explains that there may be constraints that affect institutions in providing services as regulated in the charter. Thus, the services provided to witnesses depend on the readiness and ability of law enforcement agencies.
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