Indonesia's Witness Protection Bill: A Shift From Retributive To Restorative Justice

Jakarta — The Indonesian House of Representatives is advancing a transformative revision of the Witness and Victim Protection Law, signaling a fundamental shift in the nation's approach to criminal justice. The proposed bill, which has completed drafting by the House's Commission XIII and is now under harmonization by the Legislation Body (Baleg), seeks to empower the Witness and Victim Protection Agency (LPSK) and move beyond a system focused solely on punishment. This revision aims to embed the principles of restorative and rehabilitative justice into the legal framework, ensuring that the state not only prosecutes crimes but also actively participates in the recovery of those harmed.

Central to the bill is a significant expansion of the LPSK's mandate and the scope of individuals it protects. Beyond traditional witnesses and victims, the new law proposes to extend protection to informants and justice collaborators—individuals who provide crucial information for law enforcement. Furthermore, the LPSK is advocating for its protection mandate to cover a wider array of crimes, including those related to forestry, the environment, and human rights, which often involve powerful actors and grave threats. This expansion addresses a critical gap, as the agency's current work is limited to just ten priority crimes.

To support these enhanced responsibilities, the bill introduces critical institutional reforms. A key proposal is the establishment of a dedicated security and escort unit within the LPSK, reducing its operational dependence on the National Police, especially in high-risk cases. Additionally, lawmakers and the LPSK are discussing the creation of a "Perpetual Victim Fund," which would be fully managed by the agency to provide immediate restitution and support to victims without lengthy bureaucratic delays.

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The legislative push is closely tied to the recent enactment of Indonesia's new Criminal Procedure Code (KUHAP), which itself contains strengthened provisions for victim protection and restitution. Lawmakers emphasize that the witness protection law must be synchronized with these new codes to create a coherent legal ecosystem. The urgency is underscored by the upcoming implementation of the new KUHAP and revised Criminal Code (KUHP) in 2026.

However, the path to reform is accompanied by practical challenges and scrutiny. During hearings, legislators have pressed the LPSK to clearly define its legal standing within the national law enforcement system and to ensure that new regulations are practical and do not create overlapping complexities. There is also a call for a careful assessment of whether current operational weaknesses stem from regulatory limits or from the agency's internal capacity.

Despite these challenges, the momentum for change is strong. The LPSK has argued that the existing 2006 law, amended only once in 2014, is outdated and hampers its effectiveness in a rapidly evolving legal landscape. The agency's leadership has expressed optimism that the bill could be passed as early as the beginning of 2026, following the finalization of the related criminal codes.

The proposed reforms represent more than a legal update; they signify a deeper philosophical change in Indonesian jurisprudence. By prioritizing the restoration of victims' lives and providing robust protection for those who aid justice, the state aims to build greater public trust in the legal system. The success of this ambitious revision will be measured by its ability to translate these progressive principles into tangible safety and support for the most vulnerable participants in the judicial process.

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Legal Reform Indonesia LPSK Reform Restorative Justice RUU PSDK 2025 Victim Protection Law Witness Protection Bill Indonesia