Witness Protection Research Articles

Perlindungan Hukum terhadap Keluarga Justice Collaborator


 The purpose of writing this article is to identify and analyze how legal protection and rights are regulated for families with Justice Collaborator status in an effort to uncover criminal acts. The method in this study uses a normative juridical approach. From the research conducted, the authors obtained results in the form of legal protection for Justice Collaborator families who have protection and have rights including supervision and escort, provision of body security equipment, provision of medical and psychological services, reimbursement of living expenses during the protection period, reimbursement of accommodation costs and transportation during the protection period, protection provided in a safe house, relocation and a new identity in accordance with Undang Undang No 31 Tahun 2014 Pasal 5 concerning the protection of witnesses and victims.
 Keywords: legal protection, justice collaborator, crime.

Victims of Rape and The Legal Protection: Problems and Challenges in The Victimological Studies

Victims of the crime of rape have not received optimal legal protection, even though they have been legally protected through the Law on the Protection of Witnesses and Victims, the Law on Child Protection, or the Law on the Elimination of Domestic Violence. However, the concept of Indonesian criminal law, which focuses more on punishing and deterring criminals, has not been able to accommodate the rights of victims, especially in cases of certain crimes such as rape. In the case of rape, the victim receives an immaterial loss (loss of honor) which is legally difficult to materialize, so that the punishment is limited to imprisonment and a fine which is not sufficient to restore the victim's loss and restore the victim's trauma. This study aims to analyze the protection of victims of rape crime in the perspective of victimology and law. This study uses a normative legal approach, literature review and legal analysis. This study found that the juridical sera, the protection of victims of crime, including victims of rape, has been regulated by the state through several laws. The rights of victims have also been mentioned, ranging from restitution, to recovery of victims' losses and trauma. However, in cases of rape, victims are often dissatisfied with the punishment given to the perpetrators of this crime.

Protection of Cyberbullying Victims in Indonesia (An Overview of Law and Victimology)

In some cases when the perpetrator of the crime has been sentenced to criminal sanctions, the condition of the victim of the crime is ignored. The issue of justice and respect for human rights in Indonesia does not only apply to perpetrators of crimes, but also victims of crimes. Law enforcement in this country is often colored with things that are contrary to it. Often in people's lives it shows that both justice and respect for human rights have received less serious attention from the government. Stated in Pancasila, as the philosophy of life of the Indonesian people, the issue of humanity and justice has a very important place for the realization of the 2nd Precept, namely just and civilized humanity and the 5th Precept, namely social justice for all Indonesian people. The government in protecting victims is contained in the law specifically regulating witnesses and victims. Law Number 13 of 2006 concerning the Protection of Witnesses and Victims and followed up with Government Regulation Number 44 of 2008 concerning the Provision of Compensation, Restitution, and Assistance to Witnesses and Victims. For parties, both victims and witnesses who feel they are in a very big threat, their testimonies can also be read out in court and can even give written testimony or online with the approval of the judge. Victims in a crime or crime have a much greater vulnerability in suffering losses both physically and psychologically or materially or immaterially.

EUROPEAN STANDARDS OF THE INSTITUTE OF SAFETY OF PARTICIPANTS IN CRIMINAL PROCEEDINGS

The article analyzes the European standards of the institute for ensuring the safety of participants in criminal proceedings and compares it with the legislative provisions of this institute in Ukraine. It was established that the legislation of Ukraine declares the recognition, observance and protection of human and citizen rights and freedoms as the duty of the state. The protection of human rights in the criminal process cannot be considered separately from the criminal and criminal procedural policy of the state, which is an integral part of the legal policy of any democratic society. The author emphasizes that one of the manifestations of the state protection of the constitutional rights to life, liberty and personal integrity is ensuring the safety of the citizen in the field of criminal proceedings. In connection with the fact that the problem of unlawful influence on witnesses, victims, judges, prosecutors, investigators, inquirers, their relatives and close persons has become particularly acute, measures were taken at the legislative level to strengthen the state protection of these persons, which were reflected in the norms of special legal acts. On the basis of the conducted research, it was established that the Federal Republic of Germany developed and adopted the Law “On Regulation of Issues of Ensuring the Protection of Witnesses Who Are Threatened with Danger”. The law establishes that security measures may be applied to witnesses who give or may give important testimony for the purpose of establishing the truth in particularly serious crimes, as well as to their relatives and loved ones, if their life, health, or well-being are in danger. The mentioned law provides for the implementation of the Witness Protection Program, which establishes the regime of secrecy regarding the personal data of protected persons, as well as the possibility of their relocation to another place of residence. A study of the experience of other foreign countries regarding the standards of this institute was also conducted and the possibilities of their implementation on the territory of our country were determined. It was concluded that despite the significant financial support of the state program for ensuring the safety of witnesses in European countries and a significant array of cases of its application, the level of ensuring the safety of participants in criminal proceedings and the degree of trust in law enforcement agencies remain at a rather low level, which results in the reluctance of sub entities to provide the data necessary for the investigation.

The participation of the national police in the system for the protection of victims and witnesses

The intervention of victims, witnesses and other participants: judges, prosecutors, experts, investigators, in a criminal process, puts their lives and that of their families at risk, on many occasions. Therefore, from the Constitution of the Republic of Ecuador, priority procedures are established for the protection of vulnerable people and the defense of their rights, protected by the principles of accessibility, responsibility, complementarity, opportunity, effectiveness and efficiency. One of those protection mechanisms in dangerous situations is police protection; figure that has been incorporated into Ecuadorian regulations, in search of reducing the serious security crisis spread nationwide. Therefore, the objective of this investigation is to determine if the participation of police officers in the Victims and Witnesses Protection System is effective and fulfills its mission of safeguarding the integrity of those protected. To do this, a qualitative methodological approach is used and the scientific methods applied are the bibliographic review, the historical - logical and the analytical - synthetic. Everything that has made it possible to find the critical knots that weaken the actions of the System, such as the decrease in the budget, the lack of specialized human talent and that the laws that govern the protection processes do not allow safeguarding outside the limits of the Ecuadorian territory.

Addressing the Necessity for a 'Witness Protection Law' to Eliminate Backlogs in Criminal Cases in Bangladesh

The testimony of the witness is regarded as the primary evidence by the court when convicting someone under criminal law. Consequently, the accused makes the witness their major target in an effort to disrupt a fair trial, which makes the witness uninterested in supporting the allegation. However, Bangladesh does not currently have a law specifically addressing witness protection, while the need for such a law is growing, and the concerned parties and the court are urging the government to do so. This paper aims to show that the witness protection statute significantly influences the reduction of criminal case backlogs. To investigate the aforementioned argument, the writers have considered the witness protection law and the backlog in criminal cases. Besides, this research emphasizes the necessity for effective witness protection measures by drafting thorough criminal legislation in Bangladesh. The authors applied the quantitative approach using a systematic questionnaire to conduct a survey of 271 respondents, who were chosen by the researchers to comprehensively understand the necessity for witness protection laws and how they relate to the backlog of criminal cases to substantiate the paper's argument. Witness testimony is important evidence, yet the law of our country makes no separate anticipation of witness protection. Occasionally, witnesses are threatened, which makes them unwilling to testify honestly and obstructs the delivery of impartial justice. Besides, witnesses decide not to testify because they fear being marked out in the future. Consequently, every day that the case is unresolved adds to the backlog at the court. Only when separate laws were to be created for the witnesses would it benefit the witnesses and reduce backlogs.

View of Enforcement of the Economic Rights of Crime Victims in Indonesia from the Perspective Pancasila

Objective: Enforcement of civil rights for criminal victims in Indonesia can be achived in three ways, that is a combination of compensation cases, lawsuits against the law, and requests for compensation for restitution and protection of witnesses and victims. However, these efforts can only be carried out if there is a request from the victim, if there is no request then this effort cannot be carried out. This resulted in a separate obstacle for the victims of crime to obtain compensation from the perpetrators of the crime. This condition shows that the value of justice in Pancasila has not yet been implemented at the criminal justice.
 Methodology: Using normative juridical research methods by seeking data sourced from regulations relating to the civil rights of crime victims.
 Findings: This research concludes several efforts and ways for victims of crime to receive compensation.

Regarding the plea agreement procedure in the context of the suspect's cooperation with the prosecution

In the article, the author examines some problematic issues of tactical and forensic support of the compromise procedure - the plea agreement provided for in paragraphs 2, 3, part 2 of Art. 469 of the Criminal Code, the participant of which is a person suspected of committing a serious crime. The essence of the tactics of the prosecutor's participation in compromise procedures is considered, as a set of procedural actions, formal procedures and tactical techniques of the prosecutor based on the recommendations of criminology, which ensure the creation of certain conditions for the parties to enter into a plea agreement on mutually beneficial terms for the parties. The procedure for concluding the specified agreement is proposed to be considered as a complex of investigative (search) and other procedural actions for solving certain local tasks - concluding a compromise agreement - as part of the tactical operation "achieving a compromise with the suspect" taking into account a certain typical investigative or defense situation and the interests of the victims. A typical model of this operation is proposed and considered, the main purpose of which is the cooperation of the suspect (accused) with the pre-trial investigation (accusation).
 There is a well-founded need to conduct a tactical operation "checking the testimony of a suspect who admits his guilt" within the framework of this procedure. Within the framework of the proposed typical model of the operation, a list of investigative (search) and other procedural actions, tactical techniques, which will allow solving the task of the operation, is given.
 Taking into account the peculiarities of concluding an agreement with a suspect who has committed a particularly serious crime and exposes others guilty of crimes committed by a group of persons, an organized group or a criminal organization or a terrorist group, the author proposes to carry out a mandatory tactical operation for the specified category of criminal proceedings - "ensuring the safety of the suspect (accused)" and its typical structure is given. The need to create an autonomous body for the protection of witnesses and other participants in criminal proceedings (the National Protection Service) in Ukraine is substantiated, since such units are currently part of the structure of investigative or operational units and are actually a party to the prosecution.

The Problems of Fulfilling the Rights of Victims of Obscene Crimes

Introduction: Perpetrators of obscene acts have carried out various criminal acts. Obscene acts are included in sexual violence that results in physical and psychological suffering.Purposes of the Research: This study aims to analyze the fulfillment of the rights of victims of obscene acts, whether it is appropriate or not. This is based on the phenomenon of indecent acts; the more extended the number of victims increases.Methods of the Research: This study uses a normative juridical method with a statute and case approach.Results of the Research: The results of the study indicate that the rights of victims of obscene acts have been regulated and guaranteed in the 1945 Constitution of the Republic of Indonesia, the Law on Human Rights, the Law for the Protection of Witnesses and Victims and the Act on the Crime of Sexual Violence. However, the problem is in the fulfillment of these rights, even though constitutionally, the duties and obligations of fulfilling the rights of victims are borne by the State, which in this case is in the components of the Criminal Justice System, the Ministry of Law and Human Rights, the Ministry of Women's Empowerment and Child Protection, The National Commission on Human Rights, the National Commission on Violence Against Women and the Witness and Victim Protection Agency. The importance of supervision and compliance with the application of rights in everyday life will determine how successful the State is in carrying out its obligations in fulfilling the requests of victims. So it is essential to cooperate between Ministries, Institutions, National Commissions, and law enforcement officials to realize the fulfillment of the rights of victims of criminal acts of obscenity.

Regulation Of The Right Of Restitution For Children As Victims Of Criminal Acts

Victims of criminal acts only get inner satisfaction from the punishment imposed on the perpetrators but do not get anything that has a direct impact on them. The codified concept of Indonesian punishment in the Criminal Code (KUHP) regulates more aspects related to perpetrators of criminal acts and sentencing. Not much regulates the rights of victims of criminal acts. This paradigm shift began to occur after the enactment of Law Number 13 of 2006 concerning the Protection of Witnesses and Victims, where in this Law the rights of Witnesses and Victims began to be considered. Victims are individuals who are harmed materially or immaterially for the occurrence of criminal acts that they receive. In cases of sexual violence against children, it results in losses suffered by child victims in the short and long term which require recovery of the child's condition. Law Number 13 of 2006 juncto Law Number 31 of 2014 concerning Protection of Witnesses and Victims has accommodated restitution.In Law Number 31 of 2014 concerning Protection of Witnesses and Victims, the victims of criminal acts have the right to obtain restitution rights in the form of compensation for loss of property or income, compensation for losses caused by suffering directly related to the crime, and/or reimbursement for medical and/or psychological treatment costs. However, at present the implementation of restitution for victims of crimes against children is considered not optimal, especially regarding the implementation of restitution that can be given to victims.

Certainty of Legal Protection for Justice Collaborators in Indonesia

The justice collaborator system is a new system in criminal procedural law in Indonesia. The legal basis for justice collaborators is currently still regulated in Law No. Law of the Republic of Indonesia No. 31 of 2014 concerning amendments to Law of the Republic of Indonesia No. 13 of 2006 concerning Protection of Witnesses and Victims. The issues being analyzed are legal certainty and forms of legal protection. to justice collaborators. The research method used is normative legal research with statutory and conceptual approaches. The results of the study show that the legal sources of Justice collaborators are currently not regulated in the Criminal Procedure Code, but are still regulated in one law with reporting witnesses and victim witnesses. The form of protection given to perpetrator witnesses (justice collaborators) who have status as suspects or defendants is protection for personal security, family and property, free from threats, giving statements without pressure, getting translators, free from ensnaring questions, getting information about progress of the case, obtain information regarding court decisions, obtain information in terms of the convict being released, keep his identity confidential, obtain a new identity, obtain temporary residence, obtain a new residence, obtain reimbursement of transportation costs as needed, obtain legal advice, obtain temporary living expenses assistance until the Protection deadline expires; and/or receive assistance. Meanwhile, justice collaborators whose status as convicts are conditional release, additional remissions and the rights of other convicts.

PERILAKU KORUPTIF PELAKU TINDAK PIDANA KORUPSI DALAM PERSPEKTIF KRIMINOLOGI DAN VIKTIMOLOGI

Cases of corruption are still often heard in the media. There were 553 cases of corruption that were prosecuted by the KPK in 2021. Corruption during the reformation period is now increasingly widespread. There are several problems in eradicating corruption in Indonesia. Corruptive behavior in this article is discussed using the approach of criminology and victimology. The author uses a qualitative research method with a normative juridical type. Corruption is classified as a white-collar crime, where the perpetrators do not care about state losses. Criminal sanctions and administrative sanctions are expected to be able to reduce the number of corruption, although there is a possibility that the perpetrators of corruption are perpetrators who meet the provisions of the victim precipitation theory. In addition, piety to God is seen as important in preventing corruptive behavior, because it is closely related to self-control. On the other hand, the role of LPSK is expected to be able to protect whistle blowers as well as witnesses and victims in an effort to uncover the mastermind behind the corruption cases. Further research should be conducted to achieve more knowledge about the relationship between corruption and criminology and victimology related to the evolution of motives for corruptive behavior in its contribution to the cause of state losses, as well as the protection of witnesses and victims.
 Keywords: corruption, corruptive behavior, criminology, victimology.

PENEGAKAN DAN PERLINDUNGAN HUKUM TERHADAP KORBAN PELECEHAN SEKSUAL SECARA VERBAL

Criminal provisions are regulated in the Criminal Code. Formed by the legislature to provide protection against immoral acts or criminals, and behavior in the form of unethical words or actions against good morals. This is because it relates to the sex life habits of the local population, contrary to the notion of community validity in the area of ??sex life where words are spoken and actions are performed. This investigation is a normative legal investigation or a normative legal investigation. Normative legal investigations, or normative legal investigations, are investigations that discuss legal principles, the legal system, the scope of legal synchronization, legal history, and legal comparisons. From the authors' findings, we can conclude that the initial prosecution of verbal sexual harassment has not been successful because of the obstacles in the process. These restrictions include factors of the law itself, factors of law enforcement, and community factors. Second, crime prevention occurs in several stages: development, implementation, and execution. The Criminal Procedure Code also needs to consider two main points of criminal law policy. Protection of victims of verbal violence by Catcalling is Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Article 5 of Law Number 31 of 1999. This can be done through rights contained in edition 39. TPKS Rights Law no. 12 Year 2022

الحماية الجزائية للشهود والمبلغين بجرائم الفساد في ضوء قانون النزاهة ومكافحة الفساد الأردني رقم (13) لسنة 2016 وتعديلاته

Abstract Testimony and reporting are among the most important means of proof in criminal law. This is because penal articles cannot rely on written evidence to prove all crimes, since it is based on sudden events that occur without prior agreement. Therefore, the researcher divides the study into two sections; the first of which presents the nature of testimony and whistleblowing and its significance in Jordanian legislation. The second section tackles the protection of witnesses and whistleblowers in Jordanian law and international covenants. This research study reached a number of results, most important of which is that there is no provision in the Jordanian Code of Criminal Procedure to protect the witness and the whistleblower from coercion. Despite the Jordanian legislator’s accession and ratification of international conventions related to witness protection, it did not keep pace with the great development stipulated in international conventions. Finally, the researcher recommends that the Jordanian legislator put a provision on protecting the witness from coercion in the Jordanian Code of Criminal Procedure. Keywords: Legal protection, Witnesses, Whistleblower, Jordanian law

Citizen Cooperation with the Police: Evidence from Contemporary Guatemala

Community policing, and citizen cooperation with law enforcement more broadly, can improve local security outcomes by providing decentralized mechanisms for police accountability to local citizens. We hypothesize that five factors—alignment of citizen/police interests, relative costs of cooperation, costs of crime, prevalence of others’ cooperation, and perceived police efficacy—comprise a decision framework that guides citizens’ choices regarding whether to share information with law enforcement. We find evidence for this framework using rich survey and survey experimental data from a large nation-wide survey of Guatemalans and municipal administrative data. Our results indicate that increasing police efficacy, witness protection, and neighborhood trust boost the odds of cooperation with police by up to 55%. At a time when conversations about the relationship between community and police are widespread, this research offers insights into conditions under which cooperation between community members and law enforcement is most likely to occur.

The Urgency of Whistleblowers legal Protection in the Criminal Justice System

The role of whistleblowers is crucial in exposing criminal activities, as many cases remain undisclosed due to the absence of reports or whistleblowers coming forward. Whistleblowers are legally protected from both civil and criminal prosecution. Although the Witness and Victim Protection Agency (LPSK) is tasked with protecting witnesses and victims, its current scope does not fully extend to whistleblowers. Existing protections for whistleblowers primarily focus on reducing punishment if they are implicated in the case or witness the perpetrator's actions. Legal protection is unique and contingent upon the whistleblower providing testimony in good faith. To address this gap, revisions to the Criminal Procedure Code and the Law on the Protection of Witnesses and Victims are necessary to ensure that whistleblowers, even if involved in the crime, receive protection from criminal charges when they expose wrongdoing.

PEMENUHAN HAK KORBAN TINDAK PIDANA TERORISME BERDASARKAN UN BASIC PRINCIPLES AND GUIDELINES 2005

This study discusses the fulfillment of the rights of victims of terrorism criminal acts based on the UN Basic Principles and Guidelines 2005 regarding the case of KKB Papua against health workers on Kiwirok District, Papua in 2021. There are two main issues, they are whether victims of terrorism criminal acts have the right to obtain remedy based on the UN Basic Principles and Guidelines 2005, and how to implement the restoration of the rights of health workers as victims of terrorism criminal acts by KKB Papua in 2021 based on Law Number 31 of 2014 concerning Protection of Witnesses and Victims. The type of research used is normative with data processing carried out qualitatively in the form of descriptive analysis. The data source used is secondary data and conclusions are drawn deductively. Based on the results of the analysis, victims of criminal acts of terrorism have the right to receive remedy according to the UN Basic Principles and Guidelines 2005 based on Part III of the UN Basic Principles and Guidelines 2005. In practice, implementing the remedy of the rights of health workers as victims of criminal acts of terrorism by the Papua KKB in 2021 according to Law Number 31 of 2014 concerning Protection of Witnesses and Victims is not appropriate because the health workers and their families have not received compensation.

Wildcards need witness protection

In this paper, we show that the unsoundness discovered by Amin and Tate (2016) in Java’s wildcards is avoidable, even in the absence of a nullness-aware type system. The key insight of this paper is that soundness in type systems that implicitly introduce existential types through subtyping hinges on still making sure there are suitable witness types when introducing existentially quantified type variables. To show that this approach is viable, this paper formalizes a core calculus and proves it sound. We used a static analysis based on our approach to look for potential issues in a vast corpus of Java code and found none (with 1 false positive). This confirms both that Java's unsoundness has minimal practical consequence, and that our approach can avoid it entirely with minimal false positives.

ANALYSIS LEGAL PROTECTION OF INSTRUMENTARY WITNESSES IN THE MAKING OF NOTARY ACTS (STUDY OF INDONESIAN NOTARY ASSOCIATION OF REGIONAL MANAGEMENT OF MEDAN CITY)

The main purpose of this study is to analyze and examine the position and aspects of legal protection for instrumental witnesses in making a notarial deed. In giving his testimony at trial on a deed made by a Notary, the witness has an obligation to provide information with actual facts, if a witness submits false information, he can be punished according to the Criminal Procedure Code. The role of the instrumental witness is currently not getting enough attention from law enforcement even though an instrumental witness plays a major role in revealing a problem that arises as a result of legal actions from a Notary act. The Regional Board of the Indonesian Notary Association of North Sumatera often hears about several problems regarding instrumental witnesses in the practice of notary positions. The method used in this research is normative juridical. The nature of the research used in this research is descriptive analysis by describing the problem systematically and comprehensively. The purpose of descriptive analytical research is to describe accurately the nature of an individual, a symptom, a situation or a particular group. The data collection method used in this writing is using library research methods. To further develop this research data, an analysis was carried out directly to the informants using interview guidelines that had been prepared in advance. Interviews were conducted with the Chairperson of the Regional Board of the Indonesian Notary Association of North Sumatera to obtain facts in the practice of Notaries in Medan City regarding instrumental witnesses. The position of the instrumental witness in the Notary act is certainly different from the position of the witness in general, who is a witness who has heard and/or witnessed an event that has occurred. The position of the instrumental witness as one of the formal requirements of a Notary act is stated in Article 38 paragraph (4) letter c of the UUJN, that at the end or closing the deed must contain the full name, place and date of birth, occupation, position, position and residence of each witness. In accordance with Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, the legal protection provided for instrumental witnesses in making a Notary act in providing information is protected by the Witness and Victim Protection Agency (LPSK).

Conflicting interests of witnesses and defendants in a fair criminal trial

This study determined whether an adequately regulated hearing by videoconference can become (alone or in conjunction with other measures) an instrument to balance the protection of the rights of the accused with the protection of the interests of witnesses in the criminal process. The authors identified the requirements that a hearing by videoconference must meet the standards established by the European Court of Human Rights. They performed a critical analysis of the existing provisions relating to hearing in Polish criminal procedural law and the practice of their application and showed why in some situations, hearing by videoconference seems to be the most optimal form of hearing. Particular attention was paid to witnesses with specific needs for protection during a hearing. These considerations led the authors to the general (i.e., not exclusively applicable to the Polish legal order) conclusion that hearing by videoconference is a very useful instrument for realising fair trial standards and witness protection.