Studi Perbandingan Hukum Mengenai Perlindungan Saksi Berdasar Undang-Undang Nomor 13 Tahun 2006 Tentang Perlindungan Saksi Dengan UNDCP Witness Protection Bill 2000

Oleh :
Cahyadi Kartika Yuwono - E1106016 - Fak. Hukum

CAHYADI KARTIKA YUWONO, E1106016, 2010 “A LAW COMPARATIVE STUDY ON THE WITNESS PROTECTIN BASED ON THE ACT NUMBER 13 OF 2006 ABOUT WITNESS PROTECTION AND THE UNDCP MODEL WITNESS PROTECTION BILL OF 2000”. Law Faculty of Sebelas Maret University. This research aims to find out the similarity, difference, strength and weakness of the regulation on witness protection based on the Act Number 13 of 2006 about Witness Protection and the UNDCP Model Witness Protection Bill of 2000. This study belongs to a normative law research that is descriptive in nature, by means of comparing two different law systems in a country. The data type employed was secondary one. The secondary data source employed included primary, secondary and tertiary law materials. Technique of collecting data used was library study from both books and documents. Technique of analyzing data employed by the writer was the qualitative analysis one with an interactive model of analysis carried out by means of interaction, either among the components or by data collection process in the cycle-form process. Considering the discussion, two following conclusion can be drawn: firstly, the similarities include in the term of subject protected, both the Act Number 13 of 2006 and the Witness Protection Bill of 2000 protect equally the witness as the subject protected by those two law, in the term of the witness’s right existing in the Act Number 13 of 2006 about Witness Protection and the Witness Protection Bill of 2000, in the term of witness’s obligation in the Act Number 13 of 2006, in the term of witness protection program and the article 11 clause (1) and article 30 clause (1) of Witness Protection Bill of 2000. The differences include the witness’s obligation in Article 30 clause (2) points 1-3 of Act Number 13 of 2006 about Witness and Victim Protection governs the witness’s or victim’s willingness in giving testimony in the trial process but the Article 11 clause (3) – (5) of 2000 Witness Protection Bill governs about its invalidity in the revelation or communication. Secondly, the strength of Act Number 13 of 2006 includes the institution responsible for handling the protection providing to the witness/victim, the rights to be given to the witness/victim, mechanism of protection giving to witness/victim. The weakness of UNDCP Model Witness Protection Bill of 2000 governs the witness as a protected object while the reporting victim and witness are not protected. The weakness of Act Number 13 of 2006 includes inadequate definition of witness and it is still imposed by the Civil Code concept (KUHAP) so that it discourages the possibility of protecting whistleblower.