PERLINDUNGAN HUKUM TERHADAP SAKSI DAN KORBAN DALAM PROSES PERKARA PIDANA (Suatu Studi di Pengadilan Negeri Klas IA Kendari)

Abstract

This study aims: 1) To find out and understand whether the legal protection given to victim witnesses in criminal proceedings is in accordance with the laws and regulations and 2) To find out and understand the factors that cause victim witnesses to receive legal protection. This study was conducted at the Kendari Class IA District Court by conducting direct interviews with judges and obtaining data sources from literature books, scientific writings, documents or writings of experts and various laws and regulations related to the material or content of the problem. The data obtained were then processed and analyzed descriptively qualitatively. The results of the study (1) Protection of Witnesses and Victims is still very far from what is the purpose of the law, in order to foster public participation in uncovering criminal acts. This is because in practice legal protection and security for everyone who knows or finds something that can help uncover a crime that has occurred have not been fully implemented, because it is caused by the rights of witnesses and/or victims themselves which have not been fully fulfilled by the related parties. (2) The factors that cause victim witnesses to receive legal protection are the importance of testimony and the threat factor. These two factors cause victim witnesses to be unwilling to provide information, either at the investigation, prosecution or examination stage of the case in court.