Protection of witnesses and victims of certain cases based on equality before the law perspective

Ndaru Satrio, - and Dr. Faisal S.H., M.H, - (2021) Protection of witnesses and victims of certain cases based on equality before the law perspective. Cepalo Journal, 5 (1). ISSN 2598-3105

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Abstract

Protection of witnesses and victims of criminal acts can cause particular problems in implementing witness and victim protection. The author finds several problems. The first problem is that protection for witnesses and victims of criminal acts in some instances results in witnesses and victims in other crimes being unable to apply for rights. The second problem is that the protection of witnesses and victims of criminal acts in some instances closes the opportunity for cases outside of criminal cases such as civil cases, state administration cases to obtain similar rights. The third problem is the conflict of norms between Article 5 paragraph (2) Law No. 31 of 2014 concerning Amendments to Law No. 13 of 2006 concerning Protection of Witnesses and Victims with Article 224 paragraph (1) Criminal Code. In this context, the writer uses the relevant principle as a tool of analysis, namely the principle of equality before the law.

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