Witness Protection Research Articles

Justice Collaborator’s Position and Function on Witness Protection’s Rights as a Suspect from the Perspective of Criminal Law in Indonesia

To handle a specific criminal act, a justice collaborator is greatly required. The concept and term of justice collaborator is something new in Indonesia. This method is practically used to eradicate an organized crime. Both conceptual and statutory approaches were used in this research. Juridical-normative techniques were implemented to descriptively explain the existing problems. This research aimed to deeply and conceptually examine justice collaborator’s position and function in the perspective of Human Rights to protect and provide special treatments to the main actors in cooperating with law enforcement officials (justice collaborators) against an organized crime. The position of justice collaborator either as a witness or suspect to provide information in court and then used as a judge's consideration is to mitigate the sentence to be imposed. This collaboration can provide various benefits, so that law enforcement officials can fight against serious criminal acts. Thus, a justice collaborator has a specific rule (lex specialis derogerat lex generalis) to guide law enforcers, such as police officers, prosecutors, and judges to uncover a specific crime committed by a syndicate deliberately violating laws in very systematic and organized ways.

PERLINDUNGAN HUKUM TERHADAP KORBAN CYBERBULLYING DALAM GAME ONLINE MOBILE LEGENDS PADA PELAJAR MAN DI WILAYAH DAERAH ISTIMEWA YOGYAKARTA

Mobile Legends is one game where students cyberbully. This online game has chat features. In-game chat may be used for cyberbullying. This research examines cyberbullying laws in online mobile legendary games for teens and legal protection for victims. The survey found that the Criminal Code and ITE Law include various cyberbullying rules, yet MAN Yogyakarta students are unaware that online gaming bullying is a criminal. Diversion may be used to resolve bullying situations involving minors outside the criminal court system. Article 4 of the Law on the Protection of Witnesses and Victims protects minors who are bullied from threats to their personal, family, and property and their testimony.
 Keywords: Legal rotection, Cyberbullying, Student, Game Online

PERLINDUNGAN HUKUM TERHADAP JUSTICE COLLABORATORDALAM KASUS PEMBUNUHAN BERENCANA (Studi Pada KasusRichard Eliezer)

Justice Collaborator is often interpreted as “Crown Witness”. The case of the premeditated murder of BrigadierNofriansyah Yosua Hutabarat in 2022 became a hot topic of conversation among the Indonesian people,involving high-ranking police officers and their aides, one of the perpetrators, namely Richard Eliezer, thenventured to volunteer to become a Justice Collaborator to reveal the facts about the premeditated murderincident. the. Justice Collaborator usually reveal certain crime cases that are categorized as extraordinarycrimes or extraordinary crimes in Indonesia, where Justice Collaborator play an important role, especiallyassisting law enforcers such as investigators and public prosecutors, from the process of investigation,investigation, to examination at trial, witnesses play a role is so important that it is often the determiningreason when uncovering the case. The type of research used in this study is Normative Juridical research whichbases its analysis on Law Number 31 of 2014 Concerning the Protection of Witnesses and Victims, Article 340of the Criminal Code, and Supreme Court Circular Letter Number 4 of 2011 which is valid and relevant to thelegal issues that become focus of research Legal protection for Justice Collaborator in premeditated murdercases. Legal protection is a form of service that must be provided by the government to provide a sense ofsecurity to every citizen. LPSK provides full protection for Richard Eliezer in protecting Richard Eliezer duringthe trial process. all the things he knows about a problem, be it who is the main actor and so on, so that the casebecomes clear.

Pembunuhan Berencana dalam Pasal 340 KUHP dalam Perspektif Justice Colaborator

This paper aims to describe and analyze premeditated murder as regulated in Article 340 of the Criminal Code from the perspective of a Justice Collaborator in the murder case of Joshua Hutabarat. At the end of the article, it is concluded that: Justice Collaborators are needed when the state has difficulties uncovering and investigating a crime. In Indonesia, the provisions on Justice Collaborators refer to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims, where Justice Collaborators have rights in the form of physical and psychological protection, legal protection, special treatment, and obtaining awards. In disclosing the death case, there has been Obstruction of Justice, with indications of destroying the CCTV DVR at the TKP, engineering the TKP, shooting bullets into the wall of the house, and bribery to close the case. Therefore, in disclosing and investigating it, the panel of judges approved a justice collaborator, namely Richard Eliezer, with the indicator of imposing a light sentence in the form of imprisonment for one year and six months.

REOPTIMALISASI PERLINDUNGAN HUKUM SAKSI PELAPOR (WHISTEBLOWER) DALAM TINDAK PIDANA KORUPSI

The protection of whistleblower witnesses (whisteblower) in handling corruption crimes is still an unresolved problem to date. Referring to the LPSK report, there was a rapid increase in the number of complaints in 2021, with the number of corruption also increasing and requiring immediate resolution. Amid the complexity of these demands, both the LPSK and the KPK have not been able to effectively provide guaranteed protection for witnesses reporting corruption crimes. As a result, there are still many cases that cause victims, whether whistleblower witnesses who died, were criminalized, or received threats and intimidation. In fact, in criminal procedural law in Indonesia, witness statements are part of valid evidence. For this reason, the government needs to increase efforts to protect whistleblower witnesses as mandated in Law No.13 of 2006 concerning Witness and Victim Protection. This research uses juridical-normative methods, and seeks to present solutions in policy making to optimize efforts to protect witnesses reporting corruption crimes in Indonesia.

IMPLEMENTASI PEMENUHAN HAK PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN PEMERKOSAAN

The phenomenon of sexual crimes that occur in minors is a very serious crime that is being faced by the State of Indonesia. In Indonesia it is very common for children to become victims of immoral and uncivilized acts. The government issued Government Regulation Number 44 of 2008 concerning Compensation, Restitution and Assistance to Witnesses and Victims, and contained in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. The government through the regulation explains that this problem is the government's responsibility to provide protection and fulfill the rights needed by rape victims.

Juridical Review of Money Laundering with Terrorism

Money laundering and terrorism are often related to each other because money from crime can be used to finance terrorist activities and money laundering can be used to disguise the origin of the money. In order to overcome these two crimes, cooperation between law enforcement agencies and good international coordination is needed. In Indonesia, money laundering is regulated in Law Number 8 of 2010, while terrorism is regulated in Law Number 15 of 2003. Some of the legal issues that are still current in the effort to combat money laundering and terrorism include the implementation of the Financial Transaction Reporting System, the designation of terrorist crime organizations, the exchange of information between law enforcement agencies, the protection of informants and witnesses, and the implementation of new laws on money laundering. International cooperation is essential in efforts to overcome this problem. Strong cooperation is expected to cut off the flow of terrorism funds and reduce the risk of criminal acts entering the financial system and help combat terrorism cases that can harm national security.

Peran Lembaga Perlindungan Saksi Dan Korban Dalam Memberikan Perlindungan Hukum Terhadap Korban Tindak Pidana Kekerasan Seksual

Abstract: A criminal act is an act that is prohibited by a rule of law, which prohibition is accompanied by threats or sanctions in the form of certain crimes, for anyone who violates the prohibition. It can also be said that a criminal act is an act which is prohibited by a rule of law and is punishable by punishment, as long as it is kept in mind that the prohibition is aimed at an act, namely a situation or an event caused by a person’s behavior, while the criminal threat is directed at a person who causes a crime. that incident. Between prohibition and punishment there is a close relationship, because between the incident and the person who caused the incident there is also a close relationship, which cannot be separated from the others. Sexual intercourse is any act that ranges from sexual harassment to the act of forcing someone to have sexual intercourse without the victim’s consent or when the victim does not want it, and/or having sexual intercourse in ways that are unnatural or not liked by the victim and distances him from his sexual needs. Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. Witnesses and Victims are entitled to: obtain protection for personal safety, family. Keywords: Crime, Sexual Violence, Witness

Legal Views in Indonesia on Children with Problems with the Law

Children are God's creations that need to be protected by anyone because of their limitations. One of the protections provided is legal protection for children who get a form of violence. Violence that children receive will have a negative impact on the child's future. This paper aims to find out the need to provide legal protection for children as victims of violence and legal protection for children as victims of violence according to statutory regulations. To find out this, normative research was carried out by studying and researching laws and regulations related to child protection. The need for normative legal research in order to know the legal protection for children as victims of violence. The problems formulated in this research are, firstly, why children who are victims of violence need to be given legal protection, and secondly, how is legal protection for children who are victims of violence according to statutory regulations. Legal protection for children is given so that children's rights are protected as stated in the laws and regulations governing child protection, namely not getting forms of violence as stated in Articles 76A to 76J Law Number 35 of 2014 and legal protection given for the justice of the child. Therefore, the state provides legal protection for all children which has been regulated to be implemented in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims and Law Number 35 of 2014 concerning child protection and the Law - Law Number 1 of 2023 concerning the Criminal Code, in order to prevent violence against children.

Legal Protection of Witnesses and Victims in Indonesia's Criminal Justice System

Penelitian ini bertujuan untuk mengetahui bagaimana tinjauan hukum perlindungan dan kepastian hukum untuk menjamin adanya proses peradilan pidana yang baik dan menciptakan peradilan yang bersih serta dapat menimbulkan rasa keadilan di masyarakat dan diharapkan dengan keterangan saksi dan korban yang diberikan secara bebas dari rasa takut dan ancaman dapat mengungkap suatu tindak pidana. Penelitian ini menggunakan metode pendekatan yuridis normatif, Teknik pengumpulan bahan hukum penelitian ini yaitu meliputi bahan hukum primer, bahan hukum sekunder dan bahan hukum tersier. Teknik analisis yang digunakan dalam penelitian ini adalah Deskriptif Kualitatif. Perlindungan terhadap saksi dan korban diberikan berdasarkan beberapa asas seperti yang tercantum dalam Pasal 3 Undang-Undang Nomor 31 Tahun 2014 tentang perlindungan saksi dan korban yaitu: penghargaan atas harkat dan martabat, rasa aman, keadilan, tidak diskriminatif, dan kepastian hukum. Sebelum saksi dan korban bisa mendapatkan perlindungan hukum dari Lembaga Perlindungan Saksi dan Korban harus melewati beberapa prosedur yang telah ditetapkan oleh Lembaga Perlindungan Saksi dan Korban agar memenuhi persyaratan untuk mendapat perlindungan.

The Concept and History of Witness Protection Act in India

The Concept and History of Witness Protection Act in India

Putting Russia's Ban in Historical Perspective: A Curated Interview

Putting Russia's Ban in Historical Perspective: A Curated Interview

Isomorfisme Institusional LPSK dalam Penegakan Hak Rehabilitasi Psikososial Korban Tindak Pidana di Indonesia

This study explains how isomorphism develops in the Indonesian Witness and Victim Protection Agency (Lembaga Perlindungan Saksi dan Korban-LPSK) and contributes to stronger coordination among institutions in administering psychological services for crime victims in Indonesia. This study employs an organizational sociology approach with an isomorphism perspective to determine the robustness of institutions' roles and relationships in providing psychosocial care to crime victims. Using the Soft Systems Methodology (SSM) in conjunction with Textual Network Analysis (TNA), this study discovered that coercive isomorphism in government organizations is the primary driving factor behind mimetic and normative isomorphism, whereas stereotyped isomorphism drives the private sector. Isomorphism emerges to give psychosocial services to victims of criminal crimes, namely as a result of reinforcement from Law Number 31 of 2014 on the Protection of Witnesses and Victims. This reinforcement prompted mimetic isomorphism in many forms of cooperation, and as a result, normatively, it is feasible to claim that LPSK has evolved into a professional institution in delivering psychological rights services to victims of criminal crimes. Furthermore, this study makes recommendations on the role of state institutions and cooperative institutions in satisfying the rights of crime victims in Indonesia, particularly psychosocial assistance.

Legal Protection for Women as Victims in the Criminal Action of Mugging in Medan City

One of the crimes that is rife in the national news is the mugging that occurred in Medan City where women are often be victims.The purpose of thisis to find out the legal protection provided by the state to women as victims of criminal acts of mugging, especially in Medan City. This type of research is normative with a statutory and conceptual approach. While the specification of the research is analytical descriptive which explain the problem according to the research title. The data used is secondary data which consists of primary legal materials in the form of Law No. 31 of 2014 concerning amendments to Law No. 13 of 2006 concerning the protection of witnesses and victims, the Criminal Code, the Law No. 39 of 1999 concerning Human Rights, the Criminal Procedure Codeand secondary materials in the form of books, journals, electronic news, laws and regulations, court decisions and opinion of legal experts and writings related to the title of the research. Legal protection for women as victims of mugging in Medan City is urgently needed so that victims get justice. Law enforcers must unite to achieve an Integrated Criminal Justice System, especially the Police as law enforcers who have been given the authority by law to eradicate criminal acts of mugging that are rife in Medan City. Besides that, it is recommended for women to be more careful when driving at nightalone.

Sexual Harassment in Cyberspace in the Perspective of Islamic Criminal Law and National Law

Sexual harassment in verbal and non-verbal forms has become increasingly prevalent globally. This study revealed cases of sexual harassment in cyberspace in accordance with National Law regulations in Indonesia on immortality, such as the Criminal Code and Law Number 4 of 2008 concerning Pornography and Law Number 13 Of 2006 on Legal Protection of Witnesses and Victims. Meanwhile, in the Islamic legal order, sexual harassment in cyberspace is seen in the discussion of the Jinayah Fiqh, classified as jarimah takzir and contains elements of abomination or insulting acts. The legal protection for victims of sexual harassment in Islamic law is in the form of imposing sanctions on perpetrators, which the government determines following the magnitude of their crime. The hope of strengthening immoral punishment has become necessary for Indonesia by considering the spirit and value embodied in Islamic criminal law.

Kajian Viktimologi Terhadap Anak Korban Kekerasan Seksual di Lingkungan Keluarga

Cases of sexual violence against children are rife in Indonesia, especially sexual violence experienced by a child in his own family environment. Law in Indonesia has accommodated the protection of child victims of sexual violence in the family environment in Law Number 12 of 2022 concerning Crimes of Sexual Violence and Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection. Victims' rights are also regulated in other regulations, namely in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. In its implementation, the rule of law still has many shortcomings so that it is not optimal in solving the problems of child victims of sexual violence in the family environment. The research method used is normative by examining existing legal regulations relating to sexual violence against children. Opportunities to strengthen these articles can be accommodated in the Draft Criminal Code, so that in the future the problem of sexual violence against children in the family environment can provide the best solution.

Victims of Robbery with the Forced Defence (Noodweer): A Legal and Victimological Aspects

This study aims to analyze criminal arrangements in the case of victims of violent crimes who then defended forced to exceed the limit due to coercion. This research is normative legal research through a conceptual approach. The results of this study show that victims of violent crimes who commit criminal acts as a defense effort are forced to be free from crime if they meet the requirements based on Articles 48-51 of the Criminal Code. Article 5 Paragraph (1) of Law Number 13 of 2006 concerning the Protection of Witnesses and Victims also explains that victims have the right to protection and a sense of security if there is a gross violation of human rights. However, to get this right, victims still have to go through the legal process.

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.