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Abstract
The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985) ensures the protection of victims of crime. Basically, the implementation of this international declaration depends on the domestic law of each state. Indonesia has promulgated Act No. 13 of 2006 concerning Witness and Victim Protection (Witness and Victim Protection Act) and its Amendment (Act No. 31 of 2014) to give protection of the victim, although not fully adopted the principles contained in the declaration. This article aims to analyze the protection of the victims under the recent Indonesian victim protection Acts and to examine to what extent the Acts in line with the declaration. It is a normative legal research that collects sources from libraries, databases, and archives. This research suggested that Witness and Victim Protection Act has provided the protection to the victim that is limited to victims of a grave violation of human rights, terrorism, trafficking, torture, sexual crime, and serious assaults in the form of compensation (only for a grave violation of human rights and terrorism), restitution and certain assistances under the auspices of the Witness and Victim Protection Agency (LPSK). However, this Act is not yet fully in line with the Declaration, particularly with regard to the right of victims to be present in the criminal justice process to express their views when it comes to their personal interests.
Highlights
The United Nations General Assembly Resolution 40/34 adopted the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power on 29 November 1985.1 Indonesia has responded to this by the promulgation of Act No 13 of 2006 concerning Witness and Victim Protection, Jurnal Kertha Patrika, Vol 42, No 2 Agustus 2020, h. 115-131P-ISSN: 0215-899X, E-ISSN: 2579-9487ISSN: 1978-1520 hereinafter, Witness and Victim Protection Act) which has been amended by Act No.31 of 2014
This research suggested that Witness and Victim Protection Act has provided the protection to the victim that is limited to victims of a grave violation of human rights, terrorism, trafficking, torture, sexual crime, and serious assaults in the form of compensation, restitution and certain assistances under the auspices of the Witness and Victim Protection Agency (LPSK)
The law concerning the protection of victims has been legislated, the protection of victims of crime has not been maximally provided in Indonesia, one of the reasons is the lack of implementing the rule
Summary
ISSN: 1978-1520 hereinafter, Witness and Victim Protection Act) which has been amended by Act No. of 2014. The law concerning the protection of victims has been legislated, the protection of victims of crime has not been maximally provided in Indonesia, one of the reasons is the lack of implementing the rule.. M. Arief Amrullah has analyzed that the protection of victims of banking crime in Indonesia by concluding that Indonesian criminal law on this issue is still focusing on perpetrators instead of victims.. It lacks deeper analysis in regard to the latest existing laws of Act No 31 of 2014 concerning the Amendment Witness and Victim Protection Act and the Government Regulation No 7 of 2018 concerning the Provisions of Compensation, Restitutions and Assistance for Witnesses and Victims in Indonesia
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