PERLINDUNGAN HUKUM TERHADAP SAKSI DAN KORBAN YANG MENGALAMI KEKERASAN DALAM PROSES PENYIDIKAN

Abstrak

This research is motivated by the ongoing prevalence of violence and authoritarianism by investigators against witnesses and victims during the investigation process, thus hindering the realization of material justice. Although protection for witnesses and victims is regulated in Law Number 31 of 2014 concerning Witness and Victim Protection, its implementation in the field has not been optimal. As a result, witnesses and victims still frequently experience intimidation and violence, both physical and psychological. This study aims to examine the legal protection provided to witnesses and victims who face violence during the investigation process, as well as to analyze the mechanism of criminal liability for investigators who commit violations. The research method used is empirical juridical, with an approach based on legal regulations and legal sociology as well as case studies. The results of the study indicate that the legal protection provided by the LPSK and internal police regulations is not fully effective because the authority of investigators is limited and the dominant evidentiary procedures ignore the psychological well-being of witnesses. Based on the legal protection theory of Philipus M. Hadjon and progressive law of Satjipto Rahardjo, it is necessary to strengthen cooperation between institutions and consistent enforcement of Article 52 of the Criminal Code and Government Regulation Number 2 of 2003 as a way for investigators to be held accountable for their criminal acts, as well as to guarantee human dignity in the criminal justice system.