Protecting Voices in the Justice System: The Effectiveness of Non-Structural Witness and Victim Protection Institutions

Abstrak

 

Legal protection constitutes a fundamental obligation of the state under the 1945 Constitution of the Republic of Indonesia. Article 28I(4) affirms the state’s responsibility to protect, promote, enforce, and fulfill human rights. In response to this constitutional mandate, the Witness and Victim Protection Institution was established under Law Number 31 of 2014 and further regulated by Presidential Regulation Number 60 of 2016. The institution is mandated to provide protection to witnesses and victims throughout all stages of the criminal justice process in order to ensure their safety and effective participation in legal proceedings. This study employs a normative legal research method, drawing on a systematic review of statutory instruments, legal doctrines, and relevant scholarly literature. The analysis assesses the effectiveness of the Witness and Victim Protection Institution as a non-structural institution by examining its legal framework, governance mechanisms, and institutional capacity. The findings indicate that although the institution has achieved notable successes in providing protection in serious and high-risk criminal cases, its overall effectiveness remains constrained. These constraints are primarily attributable to regulatory gaps concerning institutional management, staffing arrangements, oversight, and transparency. The principal contribution of this study lies in its critical evaluation of the institutional design of witness and victim protection within Indonesia’s criminal justice system. By identifying specific regulatory and structural shortcomings, this research offers normative insights and policy-oriented recommendations to strengthen institutional effectiveness. The study thereby contributes to legal scholarship and practice by advancing a clearer framework for enhancing witness and victim protection as a means of promoting equitable law enforcement and reinforcing human rights protection in Indonesia.