Ensuring Justice: An In-depth Analysis of Witness Protection in Divorce Cases within the Religious Court in Indonesia

Abstract

The aim of this research is to analyze witness protection in divorce cases in Indonesia. Witnesses are one of the pieces of evidence used in divorce cases in the Religious Court, yet witnesses brought forth during trials face threats and legal demands. Meanwhile, the aspect of witness protection remains unregulated. Therefore, the focal issue is why it is crucial to protect witnesses in divorce cases in the Religious Court and what constitutes an ideal concept of witness protection. The research methodology employed is normative juridical, utilizing a legislative and case-based approach. The findings indicate that witness protection is highly significant as witnesses are often utilized as evidence. Based on 709 applications from non-criminal cases seeking protection from the Witness and Victim Protection Agency (LPSK) and being denied, it is evident that the Witness and Victim Protection Act only regulates witnesses in criminal offenses. This shift in focus extends beyond the interests of the petitioner and the respondent. It should ideally be in the interest of the witness and the court to achieve truth and justice. Ideally, witness protection should be regulated under the Witness and Victim Protection Act, and this legislation needs to be revised fundamentally as it has undergone substantial changes.