Revitalization and Revitalization and Repositioning of the Witness and Victim Protection Agency of LPSK in Building a Robust Institution
Year: 2025
Type: article
Abstract: This paper examines the role of the witness and Victim Protection Agencyin Indonesia’s criminal justice system as mandated by the 1945 Constitution of the Republic of Indonesia, which obliges the State to protect its citizens and uphold their rights. The research employs a normative legal method combined with progressive legal theory to analyse the institutional position of the agency in relation to the Integrated Criminal Justice System (ICJS), consisting of the police, prosecution service, judiciary, and correctional system. The findings indicate that although the agency was established as an independent body to address longstanding gaps in protecting witnesses and victims, its current institutional design limits the binding effect of its decisions and creates challenges in coordination with other ICJS institutions. The analysis shows that the agency’s functional contributions are substantial in safeguarding witnesses and victims, yet its exclusion from the formal ICJS structure weakens the overall effectiveness of the justice system. Progressive legal theory provides an adaptive framework to overcome this institutional limitation by emphasising justice, human dignity, and systemic integration. Based on the results, this paper recommends granting the agency a more central role through formal integration into the ICJS, ensuring that its decisions carry binding authority across all components of the system. Such integration would reinforce witness and victim protection, improve institutional synergy, and contribute to building a more equitable and holistic justice system in Indonesia. The establishment of the Witness and Victim Protection Agency (Lembaga Perlindungan Saksi dan Korban, LPSK) represents a critical step in fulfilling this mandate. It addresses a longstanding gap in the criminal justice system, which has traditionally focused on offenders while neglecting the rights and needs of witnesses and victims. Witnesses and victims often face intimidation and threats due to their roles in criminal cases, underscoring the necessity of State intervention. LPSK plays a vital role in ensuring their protection and safeguarding their human rights.As an independent body, LPSK exercises powers that intersect with institutions within the Integrated Criminal Justice System (ICJS), such as the Police, Prosecution Service, Judiciary, and Correctional System. Although LPSK is not formally part of the ICJS, its functions significantly contribute to the system’s operations. This overlap highlights the need to consider integrating LPSK into the ICJS, a proposal requiring comprehensive analysis and collaboration among stakeholders.A potential solution to LPSK’s institutional challenges lies in Progressive Legal Theory. This approach emphasizes dynamic and adaptive solutions to address legislative stagnation, allowing legal principles to evolve toward a system that prioritizes justice, well-being, and human rights. While LPSK’s formal inclusion in the ICJS remains a subject of further exploration, its material contributions underscore its indispensable role in achieving a more equitable and holistic justice system.
Source: Indonesia Law Reform Journal
Author: Moh. Puguh Haryogi
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4414829087
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