THE URGENCY OF ARRANGEMENTS FOR THE PROTECTION OF WITNESSES IN CONSTITUTIONAL CASES IN THE PERSPECTIVE OF HUMAN RIGHTS
The witness is one type of evidence used in the Constitutional Court at the stage of proof, however when witnesses testify in court, witnesses experience threats to violence, while the laws and regulations in Indonesia have not been regulated and researchers have not found previous research that examines and analyzes witness protection in constitutional cases. The purpose of this study is to examine and analyze the urgency of witness protection in constitutional cases from the perspective of human rights. This research uses normative juridical research, with a case and statutory approach. the primary legal materials used are the Human Rights Law, the Witness and Victim Protection Law, and the Constitutional Court Law, Pancasila, and the 1945 Constitution of the Republic of Indonesia. Secondary legal materials are journals, books, and others. The interpretation used is grammatical and systematic. The results of his research show that witness protection is the fulfillment of the rights that must be owned by witnesses, while in the Constitutional Court Law only regulates the fulfillment of witness obligations such as being required to attend court and if not present they will be summoned by force, while in the Pancasila framework there must be a balance between rights and obligations and In the 1945 Constitution of the Republic of Indonesia, the fulfillment of the right not to be tortured, the right to be free from discriminatory treatment, the right to personal protection, so that the State is obliged to fulfill these rights. Policy makers immediately formulate the protection of witnesses in constitutional cases for the realization of justice, certainty and benefit.
Witness Protection, Constitutional Cases, Human Rights