Abstrak Artikel
This research is motivated by the rampant phenomenon of violence and abuse of authority by investigators against witnesses and victims during the investigation process, which hinders the realization of material justice. Although Indonesia has a legal instrument in the form of Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, in practice there is still a gap between the applicable regulations and the reality on the ground, where witnesses and victims often face violence and intimidation in the form of 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.
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