Efektivitas Hukum Pendamping Saksi Pada Proses Penyelidikan Tindak Pidana Korupsi di Polda Jambi

Abstract

In principle, the status of witnesses during the preliminary investigation stage is governed by the Criminal Procedure Code (KUHAP). To be designated as a witness, an individual must meet specific criteria; essentially, a witness is someone who has directly heard, personally seen, or personally experienced an event or criminal case. This study aims to examine and analyze the implementation of witness assistance during the preliminary investigation of corruption cases at the Jambi Regional Police (Polda Jambi), as well as the obstacles encountered in this process. The study employs an empirical juridical—or socio-legal—research method, gathering data from primary sources. The findings indicate that witness assistance during the preliminary investigation of corruption cases at Polda Jambi plays a strategic role in safeguarding witness rights and ensuring that law enforcement proceeds in accordance with the principles of justice, legal certainty, and respect for human rights. During the preliminary investigation stage—which is both initial and sensitive—witnesses are often in a vulnerable position, particularly if they share a structural or hierarchical relationship with the suspected perpetrator. The presence of legal counsel serves to provide legal protection, ensure that testimony is given freely without coercion, and oversee the examination process to ensure compliance with criminal procedural law and the principles of due process. However, the implementation of witness assistance still faces various obstacles. Structural obstacles are evident in the weak coordination between institutions and the absence of an integrated Standard Operating Procedure (SOP) for assisting witnesses in corruption cases from the preliminary investigation stage onwards. Substantive obstacles arise from the inconsistent application of the right to witness assistance and limited funding for legal aid. Cultural obstacles relate to the perspectives of law enforcement officials and a culture of fear among witnesses, while technical obstacles include limited examination facilities and complex protection procedures involving the Witness and Victim Protection Agency (LPSK).