Synchronizing Laws: The Strategic Reform Of Indonesia's Witness Protection Framework

Jakarta — Legislative activity in Indonesia is currently dominated by a comprehensive effort to synchronize the nation's legal infrastructure, with the revision of the Witness and Victim Protection Law (RUU PSDK) serving as a key component. This initiative is not happening in isolation; it is a calculated and urgent response to the landmark enactment of the new Criminal Code (KUHP) and Criminal Procedure Code (KUHAP). The goal is to create a seamless, interoperable legal system where procedural rules, substantive crimes, and protection mechanisms work in concert, eliminating contradictions and gaps ahead of the new codes' implementation in 2026.

The necessity for harmonization is abundantly clear. The new KUHAP itself introduces advanced concepts for victim treatment, such as formal restitution processes and victim participation mechanisms. The witness protection law must be updated to grant the LPSK the explicit authority and procedural guidelines to execute these new mandates effectively. As articulated by legislators, "All adjustments, both regarding sentencing and other essential elements of criminal law, must be harmonized, including the protection of witnesses and victims".

This synchronization effort has placed the LPSK's institutional identity and mandate under scrutiny. In parliamentary hearings, lawmakers have directly questioned whether the LPSK should be formally classified as a "law enforcement agency". Clarifying this status is crucial for defining its relationships with the police, attorney general's office, and courts within the refreshed legal hierarchy. The revision aims to resolve such ambiguities, providing the LPSK with a clear and strengthened statutory foundation to operate within the new system.

The scope of harmonization extends to the types of crimes covered. The LPSK has advocated forcefully for expanding its purview beyond the current list of ten priority crimes to include offenses under the new KUHP related to forestry, the environment, and human rights. These crimes often involve complex investigations and intimidated witnesses, making LPSK's protection services essential. Aligning the protection law with the updated criminal code ensures that victims of these newly emphasized or defined offenses are not left without support.

Timing is a critical factor in this legislative strategy. Lawmakers have expressed optimism that the RUU PSDK could be finalized by early 2026, following the completion of the KUHAP process. This staggered but coordinated timeline is intentional, allowing the more foundational criminal codes to be settled first, thereby providing a stable framework for tailoring the specific operational law of the LPSK. The process exemplifies a more mature and technically sophisticated approach to lawmaking.

Beyond mere technical alignment, this harmonization seeks to embed a consistent philosophical vision across the legal spectrum. The principles of restorative justice, victim dignity, and the instrumental value of witness testimony are being woven into all three legislative instruments—KUHP, KUHAP, and the revised PSDK Law. This creates a powerful, unified direction for the entire criminal justice ecosystem.

The synchronized revision of the Witness and Victim Protection Law is therefore a masterstroke of legal foresight. It acknowledges that a protection agency cannot function optimally with a law anchored in the past when the laws it interacts with have leapfrogged into the future. By proactively aligning these statutes, Indonesia is working to ensure that its entire justice system advances into the 2026 era as a coherent, effective, and rights-based whole.

Tag: Criminal Justice System Update KUHAP And LPSK Legal Harmonization Indonesia Legislative Alignment 2026 Synchronized Law Reform