Journal Bantuan Hukum Terhadap Saksi Dalam Proses Peradilan Pidana Di Indonesia

Abstract

The purposes of this research are 1) to find out and analyze the arrangements regarding legal assistance to witnesses in the criminal justice process according to Indonesian laws and regulations; 2) To find out and analyze future criminal law policies regarding legal assistance to witnesses in the criminal justice process in Indonesia. As for the formulation of the problem 1) What are the arrangements regarding legal assistance to witnesses in the criminal justice process according to Indonesian laws and regulations?; 2) What is the future criminal law policy regarding legal assistance to witnesses in the criminal justice process in Indonesia? This study uses a normative juridical research method with a statutory approach (statute approach) and a conceptual approach (conceptual approach). The final results show that: The implementation of the principle of legal protection in the form of providing legal assistance to witnesses in the criminal justice process in Indonesia has been regulated in several laws and regulations in Indonesia. The interests or rights of witnesses that are protected in the Criminal Procedure Code are only regulated in one article, namely Article 229. The birth of the Law on the Protection of Witnesses and Victims and the Law on Legal Aid is expected to fulfill the rights of witnesses in order to provide legal protection in the criminal justice process. Providing legal assistance is a state obligation in the framework of fulfilling human rights (HAM) for its citizens as the implementation of the principle of equality before the law. In the future criminal law policy regarding protection in the form of providing legal assistance to witnesses in the examination process is an element that must be provided for the purposes of investigation, investigation and prosecution in every court, which aims to provide a sense of security to witnesses in providing information at each examination process. The urgency of legal protection in the form of providing legal assistance to witnesses in the process of examining criminal cases is based on two reasons, namely the first is the position and role of the witness in a case itself. Then the second is the fear of a witness being afraid of being threatened and intimidated or the fear he is experiencing because he has received threats from various parties. In other words, witness protection requires a policy or legal formulation and implementation tools that are able to provide security and comfort for witnesses and victims before, during and after giving their testimony at all levels of the criminal procedure process.

Keywords: Legal Aid, Witness, Criminal Justice Process.