In the New Criminal Code, LPSK Experience Significant Changes

The Office of the Witness and Victim Protection Agency (LPSK) in Jakarta. (Rizky S-VOI)

JAKARTA - Chairman of the Witness and Victim Protection Agency (LPSK) Brigadier General of Police (Ret.) Achmadi said that the protection of witnesses and victims has undergone fundamental changes in the new Criminal Code or KUHP.

In addition, Achmadi at a press conference at the LPSK Office, Jakarta, Friday, said the regulation on the rights of witnesses and victims was also regulated in more detail in the latest Criminal Procedure Code (KUHAP).

"It is so fundamental, a very significant change going forward in terms of providing protection for witnesses and victims as set out in the Criminal Code or in the law itself," said Achmadi.

He explained that the new Criminal Code, which officially came into force from this Friday, regulates norms that are relevant to the duties of the LPSK, one of which is the regulation on compensation or restitution.

"Some of the norms related to compensation are related to restitution, including the rights of witnesses and victims which are also regulated in the Criminal Procedure Code," he said.

In addition, the national criminal code, which replaces the Dutch era, is also said to regulate the provisions of criminal sanctions, especially regarding the protection of witnesses and victims.

"So, the one who used to have witness and victim protection in-adoubt (adopted) in the new Criminal Code, of course, this is a very important thing," he said.

On the same occasion, Deputy Chairman of the LPSK Sri Suparyati added that the Criminal Code and the Criminal Procedure Code further strengthened the handling of the crime of torture, which had not been regulated in the old book.

"In the context of protection from the side of the crime of torture, we have done it before, but with the existence of a separate article regulating torture, it will strengthen the enforcement of the law," he said.

However, LPSK noted a number of challenges in the agency's future work, especially related to narcotics crimes.

He explained that in the new Criminal Code, an act is categorized as a narcotics crime if it is proven that there is distribution and production activities. Meanwhile, in the Narcotics Law, the act of possessing, receiving, and offering is included in the category of a criminal offense.

"This is also a record and at least this is a challenge in providing protection for the rights of witnesses of the actual perpetrators, who are also quite a lot of cases of narcotics and psychotropic substances," said Suparyati.

Meanwhile, Deputy Chairman of the LPSK Sri Nurherwati said that the protection of witnesses and victims is currently an inseparable part of the integrated criminal justice system process because the Criminal Code and the Criminal Procedure Code clearly regulate the protection of witnesses and victims.

"Until now, we have been like outside the judicial process," he said.

Sri added, "The hope is that (with the new Criminal Code and Criminal Procedure Code) we can strengthen our position with law enforcement because, after all, the role of the LPSK is very strong in law enforcement itself and in the integrated criminal process."