A New Era for Witness and Victim Protection in Indonesia
The Witness and Victim Protection Law (UU PSDK), passed by the Indonesian House of Representatives on 21 April 2026, introduces fundamental changes to the country’s criminal justice system by strengthening institutions and broadening the scope of protection for legal subjects. A crucial reform is the transformation of the Witness and Victim Protection Agency (LPSK) into a state body, whose leadership now holds a position equivalent to that of other law enforcement leaders. The law replaces Law No. 13 of 2006 on Witness and Victim Protection and its amendment, Law No. 31 of 2014.
Law No. 13 of 2006 was the first law to lay the legal foundation for witness and victim protection in Indonesia, marking the starting point for the establishment of the LPSK. Law No. 31 of 2014 strengthened the position of the LPSK and expanded the rights of witnesses and victims, including reinforcing the role of justice collaborators in uncovering certain organised crimes.
The faces of witness and victim protection for crimes and human rights violations in Indonesia have not been encouraging. Not all victims have received protection and services from the state. Only certain victims whose cases garner public or superior attention, or who have special connections to certain officials or businesspeople, receive special handling.
The root of the problem varies, potentially due to a genuine lack of attention from law enforcement officers, or victims who have not been empowered and enlightened regarding their rights—especially when the victim is less educated and from a lower-middle-class background. Another issue is the limited budget and human resources of law enforcement, which makes witness and victim protection seem selective.
There are several other challenges in witness and victim protection. First, the lack of restitution. In many cases, such as sexual violence or assault, claims for restitution are often rejected by judges. Data indicates that in the past, the percentage of verdicts containing restitution orders was very low, reflecting a lack of legal instruments to ensure compensation is paid by the perpetrator. Second, the criminalisation of companions. The ‘kill the messenger’ phenomenon often occurs, where victim companions or lawyers are counter-reported by perpetrators for defamation, without adequate protection from the state for the companion.
Additionally, there is an overemphasis on punishing perpetrators rather than attending to the victim. In major cases, the state often gets trapped in the symbolism of severe punishments for the perpetrator but fails to provide a tangible recovery structure for victims to overcome the physical and psychological trauma they experience. Another problem is the weak gender and child perspective. Law enforcement officers have often been considered to lack a perspective that supports victims, resulting in case handling deemed lacking in evidence or even ignoring the rights of witnesses and victims during judicial proceedings.
The above issues form the crucial background for why the government and the House strengthened the UU PSDK in 2026, emphasising a victim endowment fund and strengthening the LPSK’s authority to intervene more concretely in fulfilling victim rights.
Key changes in the 2026 UU PSDK include institutional strengthening, where the LPSK officially becomes a state body to increase its independence and authority in providing protection. There is a mandatory establishment of LPSK representatives at the provincial level to bring access to justice closer for witnesses and victims outside Jakarta. The law also sets out an integrated victim assistance fund to support sustainable recovery and services for victims.
Further changes involve the expansion of protection subjects and rights. Protection is no longer limited to witnesses and victims but also covers justice collaborators, reporters, informants, experts, and threatened family members of witnesses. Moreover, protection mechanisms are now more flexible and adaptive, considering the specific vulnerabilities of victims such as women, children, persons with disabilities, indigenous peoples, and human rights defenders.
Another important change is the improvement of restitution and compensation mechanisms, including the obligation for law enforcement officers to facilitate victim rights and the introduction of a lien mechanism to ensure the payment of compensation by the perpetrator. The new law provides firmer legal instruments for victims to obtain compensation, including mechanisms to seize the perpetrator’s assets so the recovery process is not hampered by the perpetrator’s financial inability.
These new regulations are also more responsive to shifting threats in the field, including the specific needs of vulnerable groups such as women, children, persons with disabilities, and human rights defenders, which were not previously regulated in depth.
Thus, the changes in the 2026 UU PSDK, compared to previous regulations, encompass a paradigm transformation, structural strengthening, and the expansion of protection subject rights in response to more complex legal dynamics.
Following the strengthening through the 2026 UU PSDK, the function of the LPSK has undergone a significant transformation, both in terms of institutional legitimacy and operational reach. The change in status to an independent state body is a cornerstone of this new era.