New Criminal Code and Criminal Procedure Code Enhance Protection of Witness and Victim Rights in the Justice System
Jakarta – The enactment of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP) has brought significant progress to the national criminal justice system, particularly in strengthening the protection of witness and victim rights. The presence of these new regulations marks the state’s commitment to ensuring that law enforcement processes are fairer, more humane, and oriented towards restoring the rights of those affected by criminal acts.
The Chairman of the Witness and Victim Protection Agency (LPSK), Achmadi, emphasized that the new KUHAP has accommodated various important norms that have been within the scope of LPSK’s duties. A number of strategic provisions in the Witness and Victim Protection Law have now been explicitly adopted into the KUHAP, strengthening the legal basis for such protection in the criminal justice process.
“First, the new KUHAP is now in effect. Several norms regulated in the KUHAP are highly relevant to the LPSK’s duties,” Achmadi said at an LPSK press conference in Jakarta.
Achmadi explained that one of the important strengthenings in the Criminal Procedure Code (KUHAP) is the regulation regarding compensation for victims of criminal acts. The term “compensation” in the KUHAP aligns with the concept of restitution as stipulated in the Witness and Victim Protection Law. Furthermore, the KUHAP also regulates provisions related to criminal witnesses, including aspects of education and protection for witnesses and victims during the legal process.
“Compensation has the same terminology as restitution, as stipulated in the Witness and Victim Protection Law. That’s regulated. The KUHAP also includes provisions regarding criminal witnesses and provisions related to witness and victim education. That’s also regulated,” he explained.
Similarly, Deputy Chairperson of the LPSK (Lembaga Witness and Victim Protection Agency) Sri Nurherwati assessed that the provisions on witness and victim protection in the Criminal Code and KUHAP make this issue an integral part of the Integrated Criminal Justice System (SPPT). She noted that previously, witness and victim protection was often viewed as outside the mainstream of the judicial process.
“By incorporating witness and victim protection into these two new laws, witness and victim protection will at least become an integral part of the Integrated Criminal Justice System,” said Nurherwati.
It is hoped that the enactment of the new Criminal Procedure Code will further strengthen the position and role of the LPSK (Lembaga Penitentiary Agency) in coordinating with law enforcement officials. According to her, the LPSK’s role has been a crucial element in ensuring that law enforcement maintains a balance between legal certainty and substantive justice for witnesses and victims.
“We hope we can strengthen our position with law enforcement officials. After all, the LPSK plays a very strong role in law enforcement itself and in the integrated criminal process,” she concluded.
