INTERNATIONAL LEGAL STUDY ON THE MECHANISM OF WITNESS AND VICTIM PROTECTION INSTITUTIONS IN INDONESIA AND THE UNITED STATES (COMPARATIVE STUDY)
The true essence of the existence of the Witness and Victim Protection Institution is a representative form of the constitutional mandate found in Article 28G, Article 28I, and Article 28J of the 1945 Constitution of the Republic of Indonesia. These constitutional provisions serve as a juridical and legitimate basis for implementing legal regulations aimed at providing guarantees for the protection of rights. Human rights towards witnesses and victims encompass freedom from fear and threats when disclosing a criminal act, as well as increased efforts to thoroughly expose criminal acts, especially organized transnational crimes. Based on this, it is evident that LPSK is an important foundation and an extension of the hands of small communities awaiting justice and protection. It plays a crucial role in unveiling the truth and ensuring justice for witnesses and victims within the Indonesian criminal justice system. Moreover, LPSK serves as a vital instrument in upholding human rights, including non-derogable rights, thereby contributing to the realization of a peaceful social order. This research is qualitative in nature, utilizing normative juridical methods or a statutory approach (statute approach) and comparison (comparative approach). The results of this study encompass three main discussions: firstly, the implementation of witness protection policies and Law Number 31 of 2006 concerning the protection of Witnesses and Victims; secondly, a comparison of LPSK in Indonesia with LPSK in the United States; and thirdly, the problems faced by these two institutions in carrying out their duties, specifically in the protection of witnesses and victims.
Witness and Victim Protection Agency, Guarantee of Protection, Human Rights, Comparison, Justice. Witnesses and Victims.