The Protection of Human Rights of the Witness and Victim during Criminal Proceeding

Abstract

The research is aimed at understanding the application of the legal substance of Act No. 13 of 2006 about the Protection of Human Rights of The Witness and Victim during Criminal Proceeding. This protection covers the right over obtaining protection for the security, the right over giving statement without pressure and the right over obtaining legal advice. This research is conducted at Jakarta and South Sulawesi Province (in Makassar and Bone District). Two research approaches are used. Normative approach is applied by examining secondary data, while non-doctrinal approach is carried out by synchronizing the prevailed law and the empirical reality in the community. Research type is qualitative with the analytical descriptive pattern to explain and to illustrate the protection of human rights of the witness and victim during criminal proceeding. Result of research indicates that the protection of human rights of the witness and victim during criminal proceeding is not effectively provided, especially for the right over obtaining protection for the security, the right over giving statement without pressure and the right over obtaining legal advice.

Keywords: Protection, Human Rights, Witness, Victim