Witness Protection Research Articles

Strength of provision and law protection of children's witnesses

The purpose of this study is to explain the concept of a child witness according to the criminal evidence proving law, and how the protection for children as a witness, as well as how the strength of evidence of child testimony in the criminal justice system. This research is normative legal research that focuses on secondary data by describing the execution of religious courts in regulating child custody cases. The type of data used is the type of primary data and secondary data. Analysis of the data used is a qualitative way with the legislation approach, case approach, and analysis approach. The results showed that the concept of a child's Witness does not qualify as valid witness evidence. Children as Witnesses are entitled to receive legal protection as regulated in the Child Protection Act and the Criminal Justice System for Children and the Witness and Victim Protection Act. The strength of proof of a child's testimony only has value if it is connected with other evidence.

The Concept of Psychological Impact Compensation for Rape Victims

There is domestic violence, sexual violence, rape, is part of a crime against women. In fact, rape can be carried out and experienced by anyone. Rape is a one of violence that is not distinguish with gender, age, socio-economic status, place and time. It also does not matter what clothing or makeup is worn at the time, in sick or healthy condition. The suffer from rape victims has been experienced since the occurrence of rape. Suffering includes social burdens in society, fears of pregnancy and the onset of illness or infection, and others. As a result of rape causes physical and psychological damage to rape victims. Psychological losses can affect the daily life of rape victims as a psychological impact. Psychological effects on rape victims appear with symptoms that appropriate to Posttraumatic Stress Disorder (PTSD), including sadness, depressed mood, insomnia, loss of interest in usual activities, negative self-concept, self-blame, feeling useless and guilty, difficult to concentrate, often think about suicide or death. Compensation for rape victims needs to be obtained by considering the psychological condition. There has not yet been any compensation for the psychological impact on rape victims. About compensation has been regulated in Law No. 31/2014 Regarding Amendment to Law No. 13/2006 concerning Protection of Witnesses and Victims. the regulation does not include compensation for psychological effects. In this regard, it is necessary to address the urgency of regulating compensation for psychological effects on rape victims.

The crime vanishes: Mob lynching, hate crime, and police discretion in India

Amidst high-profile incidents of hate violence against religious and caste minorities, the Indian Supreme Court laid down a series of guidelines to address mob violence and lynching in its July 2018 Tehseen Poonawalla order. The order mandated a police supervisory structure and stronger official accountability, more stringent penal provisions, victim and witness protection, and more expansive compensation and rehabilitation schemes. It also recommended the enactment of an anti-lynching legislation. This article contributes to the conversation about the order’s implementation by drawing from the empirical work conducted by Jindal Global Law School’s (JGLS) legal clinic on hate crimes. It focuses on how the police deploy their official discretion in investigating and prosecuting incidents of mob violence and lynching. First, based on detailed interviews of police officials, the article shows how the ambiguity of the category of lynching continues to plague the implementation of the order. Second, taking a case study of a potential hate crime investigation, it shows how the police structures investigations and charges to undermine the goals of criminal law. This article shows that police officials use their discretion to construct lynching — during various stages of investigation and charging — to obscure and invisibilise the crime. This quotidian exercise of discretion is shaped by broader systemic problems in India’s criminal justice system, especially its lack of independence, inadequate training, and institutional bias. The article advocates that these systemic concerns must be integrated in a meaningful response to mob lynching and hate crimes in India.

Military Courts: Credibility and Capacity Implications for Superior Judiciary of Pakistan

Pakistan is going through turmoil of terrorism. The State is doing what it can to eradicate this menace and in so doing established Field General Court Martial commonly known as Military Courts in wake of barbaric attack on Army Public School in December 2014. However, it is not the solution to the long standing problem motivated and nurtured by various factors like political, religious etc. Instead drastic changes are required to amend and update the existing criminal justice system including legal framework, training for judges, prosecutions, protection of witnesses as well as prosecution/defense. This will pave a way for reforms and improve security situation in Pakistan instead of challenging the credibility and capacity of the superior judiciary. In this way, violence can be countered by respecting Fundamental Rights and following due process of law. Also this will enable the state institutes to cooperate in a better way

CRIMINAL PROCEDURAL PROBLEMS IN IMPROVING LEGISLATION TO COUNTERACT THE DISCLOSURE OF INFORMATION ON MEASURES TO PROTECT INDIVIDUALS IN CRIMINAL PROCEEDINGS

The improvement of the security process of citizens' participation in a criminal case is guaranteed by various legal means, among which the legal protection on the basis of Federal Law No. 45-FZ “On state protection of judges, law enforcement and supervisory authorities” and Federal Law No. 119-FZ “On state protection of victims, witnesses and other participants in criminal proceedings” holds a special place. The criminal legislation of the Russian Federation provides for an independent Article 311, which establishes criminal liability for disclosing information on security measures of participants in criminal proceedings. In law enforcement practice, there are problems of initiating criminal cases of this category and their subsequent investigation. The subject of evidence in a criminal case instituted on the grounds of corpus delicti provided for in Article 311 of the Criminal Code of the Russian Federation includes a body of information of a different nature. It is specific to the problem of delimiting the characteristics of Article 311 of the Criminal Code of the Russian Federation from the signs contained in Article 310 of the Criminal Code of the Russian Federation. In addition, at the stage of criminal proceedings, the absence of an administratively punishable misconduct should be determined. Among the criminal procedural measures to counteract the disclosure of information about security measures, it is necessary to single out, first of all, a warning to participants in criminal proceedings to prevent the disclosure of information on security measures, by analogy to Article 161 of the Code of Criminal Procedure of the Russian Federation. The article substantiates the need to highlight a new Art. 161.1 of the Code of Criminal Procedure of the Russian Federation “Inadmissibility of disclosure of data on security measures for participants in criminal proceedings” and the author's version of this rule is proposed. In addition, an analysis of other criminal procedural means of counteracting the disclosure of this property is presented.

KEDUDUKAN HUKUM APARATUR SIPIL NEGARA DILINGKUNGAN KEPOLISIAN NEGARA REPUBLIK INDONESIA

Informants as connecting the tongue intel or the intelligence is very helpful in the process of seeking information in-depth (indepth information). The informant of the scope is broad, the above information indicates that the informant is not only in the governmental environment but also in another. It is very necessary for every entity that needs information, have informants done to be able to as information correction, know the enemy's power and activities that it does or as a shield for an entity to be free from threats facing him. The formulation of the issues raised in this research is how Regulations governing the legal protection of informants who assist the police in the investigation process and what are the legal safeguards against the informants who assist the police in the investigation process. This type of research is a normatof legal research moving from an informant required mobile in his job and is required to always standby in looking for news such as journalists only. Therefore, in the rules of intelligence the informant must be able to enter into, disguise as part of it. The risk is heavy. Dead or tortured by the parties investigated. This study uses an approach that examines the applicable legislation, legal theory, and can be the opinion of scholars related to the problems in this scientific paper is Legal Protection Against Informants Who Helped Police In Investigation. The conclusion of this research is the Regulation that regulate the legal protection of informants who assist the police in the investigation process is Law Number 13 Year 2006 concerning Protection of Witness and Victim namely Article 1 point 6 of the Law of Witness and Victim Protection is any effort to determine the right The right to provide assistance to provide a sense of security to witnesses and victims as well as informants that must be carried out by LPSK (Witness and Victim Protection Agency) or other institutions in accordance with the provisions of this law.Upaya legal protection of informants who assist the police in the process of investigation is now Has been issued Law no. Law No. 13 of 2006 concerning the protection of witnesses and victims, in the Law the forms of legal protection that can be given to witnesses or informants, among others by granting the right to the reporters provided for in Article 5 paragraph 
 Keywords: Legal Protection, Informant, Police, Investigation

IMPEMENTASI PEMBERIAN KOMPENSASI TERHADAP KORBAN TINDAK PIDANA TERORISME BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 31 TAHUN 2014 TENTANG PERLINDUNGAN SAKSI DAN KORBAN

Yun Frida Isnaini, 1220160023, The Implementation of Compensation for Victims of CriminalActs Terrorism According to concerning Protection of Witnesses and Victims Law Number 31 of2014. Faculty of Law, Universitas Islam As-Syafi’iyah, 2020. This study elaborate on theprotection of victims of terrorism according to the Protection of Witnesses and Victims Law. Thisstudy aims to determine that there is a need for compensation for victims of criminal acts ofterrorism in Indonesia, as well as for criminal acts of terrorism to be compensated based on thelaws in Indonesia. The research was conducted by analyzing court decisions. In addition, theauthor also conducts literature studies by examining books, literature, and invitation regulationsrelated to the problems that the author discusses in this thesis. The results of the research showthat: (1) The mechanism for providing compensation by the Witness and Victim Protection Agencythrough court decisions, (2) Compensation is a form of state responsibility for victims of criminalacts of terrorism.

POLITIK HUKUM PEMBENTUKAN UNDANG-UNDANG PERLINDUNGAN SAKSI DAN KORBAN, DILIHAT DARI PERLINDUNGAN WHISTLEBLOWER (SAKSI PELAPOR) DAN SAKSI AHLI DI INDONESIA

Abstract The configuration of legal politics always influences the development (character) of legal products. democratic political configurations always give birth to responsive character laws, the Eradication and Prevention Policy on Corruption, Collusion and Nepotism, which states that there is a need for a law regulating witness protection. In the light of the Witness and Victim Protection Act, it turns out that the law on the protection of witnesses and victims in terms of legal politics has not yet been able to meet the needs of the community. There should have been a government policy in the form of a law to protect the reporting witnesses or also called the Whistleblower, as well as expert witnesses, meaning that the existing laws are not in accordance with community needs (not responsive to community development) Keywords: Politics of Law, Legal Protection, Reporting Witness, Expert Witness

Perlindungan Hukum Terhadap Saksi Dan Korban Dalam Sistem Peradilan Pidana Di Indonesia

One of the much needed legal evidences which is almost always present in every criminal case is witness testimony. Therefore, legal protection for witnesses and victims is very necessary to provide a sense of security and protection from all forms of fear and threats from perpetrators of criminal acts that might affect the truth in criminal justice system. This study aims to analyze the following problems: implementation of protection for witnesses and victims in the criminal justice system; how to get protection from the Witness and Victim Protection Agency (LPSK) in the criminal justice system; and obstacles of LPSK in providing protection for witnesses and victims. This research uses empirical method, whereby the data collection technique is done by interview and literature study. The results of the study indicate that the implementation of the witness and victim protection policy begins with the implementation of Law No. 13 of 2006 on the Protection of Witnesses and Victims, by reflecting the legal protection of witnesses in the United States. The procedures for applying for protection to the LPSK are regulated in LPSK Regulation No. 6 of 2010 concerning Procedures for Protection of Witnesses and Victims. Meanwhile, the obstacles include but not limited to the position of LPSK which is only in the capital city, the mindset of the law enforcement officials, and the lack of cooperation between the LPSK and other agencies.

The protection of vulnerable witnesses during criminal trials in Malawi: Addressing resource challenges

It is widely acknowledged that crime victims and witnesses for a long time have not been treated fairly in most criminal justice systems. In a bid to remedy this situation, particularly with respect to vulnerable witnesses, most common law jurisdictions have introduced innovative procedural and evidential law changes, which include screening the witness from the defendant's sight; prohibiting the defendant from personally cross-examining the witness; and restrictions on improper cross-examination, including evidence relating to sexual history. Virtually all these measures have underpinning resource requirements. Presently Malawi does not afford adequate protection to vulnerable witnesses. The article argues that the protection of vulnerable witnesses during trial in a resource-poor nation such as Malawi lies in the hands of judges. While on the face of it Malawi's lack of resources may appear to be an obstacle to the protection of vulnerable witnesses, the system has a wealth of alternative options that may be used for their benefit. All that is needed is for judges to proactively utilise the available alternatives to the benefit of such witnesses as well as continuing training and education to reinforce their competencies in this regard.

ORGANIZATIONAL AND LEGAL ASPECTS OF WITNESS PROTECTION IN THE UNITED STATES OF AMERICA

The article examines organizational and legal aspects of the implementation of the witness protection program in the United States. Special attention is paid to activities in this area of the US Department of Justice, the US Marshals Service, which directly provide protection for witnesses and the Federal Bureau of Prisons. Some statistics on witness protection are provided. Concrete protective measures and their application in relation to the participants in criminal proceedings are considered.

Criminalistics characteristics of crimes against justice (theoretical aspect)

The article highlights the main theoretical foundations of the forensic characteristics of crimes against justice. The theoretical and legal analysis of individual factors and causes of crime against justice is carried out. The crimes against justice are characterized by high latency, which is due to the high level of corporatism, the desire to prevent public disclosure of existing facts of unjust decisions, pressure on witnesses, falsification of evidence, forceful testimony i t is determined , etc. A theoretical model of special-criminological prevention of crimes against justice is proposed. All elements of the theoretical model are inextricably linked, and scientific support should be carried out at every stage, from obtaining the necessary information by relevant actors and ending with the evaluation of the effectiveness of preventive activities . T he elements of the theoretical model are inextricably linked should be implemented at the general social level of prevention of crimes against justice and at the special criminological level of prevention of crimes of the analyzed type i t is noted. It is noted that crimes against justice differ significantly from other types of crimes. First of all, the principle of corporate solidarity of lawyers operates, which is why the overwhelming majority of complaints of victims of illegal detention, forced to testify, remain unaddressed, or only result in a disciplinary sanction, without opening criminal proceedings and transferring the case to court. T he prevention of crimes against justice should take place along several main lines: careful selection, education and training of staff; further improvement of the law enforcement system; implementation of the system of witness protection measures provided by law, as well as measures to protect investigators, prosecutors and judges; steady fight against corruption in the legal system and pressure on its employees; ensuring the inevitability of liability of persons who try to force them to such violations; legal and moral education of the population in the spirit of respect for the law and intolerance of offenders i t is determined .

The Law of Criminal Informant in Ethiopia

Many jurisdictions use criminal informants –suspects or defendants who provide evidence in return to a charge or a sentence benefit– to investigate and prosecute mainly organized crimes. Ethiopia has also embraced this investigation and prosecution tool with respect to some selected crimes. This article examines and explicates the legal framework on criminal informant in the context of four proclamations governing corruption, terrorism, trafficking and smuggling in persons, and witness and whistle blowers protection. I argue that the law suffers considerable limitations and gaps in articulating complete, clear and coherent standards for informant selection, and consistent concessions and benefits, as well as in terms of instituting adequate guarantees and meaningful enforcement mechanisms to protect defendants against the blemishes of the informant system.
 Key terms
 Criminal informant, Evidence, Substantial evidence, Concessions, Safeguards, Witness protection, Ethiopia

Perlindungan Hukum Terhadap Justice Collabolator Dalam Perkara Pidana Korupsi

AbstractCorruption is an extraordinary and difficult problem to eradicate so that one of the responsibilities in the Corruption Criminal Court is needed to resolve other corruption cases. The witness of the offender or known as the Justice Collaborator is a secret leaker who works with Law Enforcement Officials to dismantle another crime by giving information or testimony to the crime he has committed with his colleagues. A person who is a witness or a criminal is very much getting threats from outside parties, both for himself and for his family. Therefore, legal protection is needed that guarantees the safety of the witnesses given. Legal protection is the protection given to every citizen is no exception, because Indonesia is a legal state that upholds the values of justice and law enforcement and human rights. Protection of Justice Collaborator has been regulated in Law Number 31 of 2014 as regards Protection of Witnesses and/or Victims. In the Law, a Justice Collaborator has the right to get protection for his personal, family and property security, and is free from Threats relating to the testimony that he will, is or has given. Witness Actors have the right to obtain protection, this is in accordance with the LPSK and the 1945 Constitution regulations, so that the state is obliged to respect, protect and fulfill human rights, even though the Justice Collaborator is someone who has committed a crime.Keywords: Legal Protection, Justice Collaborator, Corruption.

PREVENTION OF CHILD SEXUAL ABUSE

Currently, there’s an increasing trend in child sexual abuse in Indonesia. Data obtained from Commission for Victim and Witness Protection (LPSK) showed that the number of CSA cases reported in 2018 were doubled from those in 2017. Like many of CSA cases, the perpetrators were someone familiar to the children, and in some cases, it’s their close relatives. LPSK stated that only less than 20% of the perpetrator were strangers.Unfortunately, most CSA cases goes unreported. A study conducted by Wismayantia, et al (2019) shows that lack of knowledge about CSA and insufficient sex education due to the uncomfortable feeling to talk about sexual matters played a significant role in the reluctance to report CSA cases. Moreover, there’s a tendency to not report a CSA that were conducted by a family member because most family felt the need to protect the family’s name. This program were conducted in North Kembangan Village and aimed to provide an educational overview of the dangers of the effects of CSA. The method provided were introduction and discussion between participants.

Penanggulangan Eksploitasi Seksual Komersial Anak (ESKA) Berdasarkan Global - Local Based Approach (Glocalization)

Globalization has negative impacts to various field of human life. The advance of business, tourism industries, technology of information and transportation as well as entertainment has triggered the significant increase of commercial sexual exploitation which involves million of women anf children. The legal issue raised in this manuscript is has crime prevention on commercial sexual exploitation of children (GSEC) in Indonesia, been oriented to global-local based approach (glocalization)? As a normative research, the legal issue raised was analysed through statute and conceptual approach, by using primair, secondary and tertier legal.resourses, which furthermore was analysed descriptively and qualititatively. Based on the research output, it is known that the prevention of CSEC in Indonesia normatively has been adopted global-local based approach. On the global level, Indonesia has ratified a number of relevant convention and optional protocols, as well as built bilateral or multilateral cooperation. While on the local level, CSEC prevention has implemented several relevan laws, predominantly Children Protection Act, Anti Trafficking in Person Act, then complemented with Victim and Witness Protection Act as well.

“Witness Protection: An Important Measure For The Effective Functioning Of Criminal Justice Administration”

The efficacy of criminal justice administration can be adjudged by the ability of courts to punish the wrongdoer and impart justice to the victim. During the process of finding the guilt, courts rely upon the evidence adduced by the parties in the oral or documentary form. The oral evidence is submitted by the means of versions of witnesses. Witness act as a valuable source of information for the courts to bring out the guilt of the accused. The versions of witness facilitate the courts to arrive at a judicious decision. Therefore, the witness plays a prominent role in criminal justice administration. For this reason, Whittaker Chambers said, “In search of truth, he plays that sacred role of the sun, which eliminates the darkness of ignorance and illuminates the face of justice, encircled by devils of humanity and compassion.”[1] However, it is a bitter truth that the condition of witnesses is turning pathetic in the justice administration system day by day. The reports of inducement, threatening, harassment and intimidation of witnesses are coming every day on a rolling basis. All these incidences create fear in the mind of witnesses due to which witness hesitate to come forward to cooperate in the court process and often turn hostile. Moreover, a witness also falters due to lack of witness protection mechanism in our country. Law Commission of India in its various reports highlighted the problems faced by the witness during the course of the trial and recommended to incorporate a comprehensive policy on witness protection. Hon’ble Supreme Court of India through its judgement revamped the urge for witness protection regime in the Indian judicial system. In this research paper, the researcher seeks to highlight the problem faced by the witnesses in the criminal justice system and discuss the issue of witness protection in India.
 
 [1] https://www.scconline.com/blog/post/tag/sit-and-cbi-probe/

Innovations in the Procedural Laws on Rape and Other Sexual Offences in Nigeria

The improvements made in the procedural law in Nigeria, on issues of evidence, corroboration, compensation of victims, protection of victims and witnesses are x-rayed and appreciated in this paper. The laws of procedure admiringly considered in this paper are the Evidence Act 2011 (as amended) and the Administration of Criminal Justice Act, 2015. This paper also takes a look at how the improvements made in such Nigerian substantive and procedural legislations as the Child’s Rights Act, 2003, the Violence Against Persons Act, 2015, Trafficking in Persons (Prohibition), Enforcement and Administration Act, 2015, align with the Rules of Procedure and Evidence with the International Criminal Tribunal for the former Yugoslavia (the ICTY) and the Rules of Procedure and Evidence with the International Criminal Tribunal for Rwanda (ICTR) as they relate to sexual assault. Key w ords: Mens Rea, Actus Reus, Defilement, Prosecutrix, Corroboration, Penetration DOI : 10.7176/JLPG/87-11 Publication date :July 31 st 2019

PERLINDUNGANSAKSI PELAPOR DALAM PERKARA PENYALAHGUNAAN NARKOTIKA PADA TINGKAT PENYIDIKAN (Studi Pada Satuan Reserse Narkoba Kepolisian Resor Kota Padang)

The protection of the reporter as a witness who is willing to provide information for the purpose of disclosing criminal acts of drug abuse is regulated in Article 5 of Law Number 31 Year 2014 concerning Protection of Witnesses and Victims and Article 100 of Law Number 35 Year 2009 concerning Narcotics. The need for reporters to be given protection is very important to increase the participation of the community in helping law enforcement officers prevent and eradicate and disclose the proliferation of narcotics circulation. But in practice there are still many witnesses who do not want to provide information due to the lack of adequate guarantees for the protection provided by law enforcement officials.

The Constitutional Protection Afforded to Child Victims and Child Witnesses while Testifying in Criminal Proceedings in South Africa

The protection of child victims and witnesses in the criminal justice system is of vital importance, as present-day research studies conducted on the victimisation of children in South Africa show that South African children in particular experience and witness exceptionally high levels of crime, and consequently represent a significant portion of the victims and witnesses that have to appear in court to testify about these crimes. This contribution consists of an in-depth discussion of the rights of the child victim and witness encompassed in the Constitution of the Republic of South Africa, 1996 in order to determine whether the current protection afforded to child victims and witnesses while testifying in criminal proceedings in South Africa is in line with South Africa's constitutional obligations. In this regard the general constitutional rights in the Bill of Rights relating to child victims and witnesses as well as the specific constitutional rights of child victims and witnesses in section 28 of the Constitution are discussed.