Legal protection is a very common term that often comes up especially when someone is involved in a legal case. Every citizen has the right to get equal and fair legal protection from the government in order to live safely and peacefully. However, we often see that there are still many people who don’t get enough attention to get the legal protection they deserve. There needs to be legal certainty and concrete solutions so that legal protection for the community can be realized in accordance with the applicable laws and regulations. Let’s discuss further about the legal protection that every citizen needs in life in a country.
A. Definition of Legal Protection
According to Setiono (in Rule of Law (Supremasi Hukum) , 2004:3), “legal protection is an action or effort to protect the community from arbitrary actions of authorities that are not in accordance with the applicable laws and regulations, and to create order and peace so as to allow humans enjoy their dignity as human beings”. In addition, according to Muchsin (in Perlindungan dan Kepastian Hukum bagi Investor di Indonesia , 2003:14), legal protection is something that protects legal subjects through applicable laws and enforces its implementation with sanctions. From these two views, legal protection can be interpreted as the protection of dignity and worth, as well as the recognition of human rights owned by legal subjects based on legal provisions from arbitrariness or as a collection of laws that can protect one citizen from another.
B. Types of Legal Protection
Legal protection must have a form and method in a way that provides understanding for the community so that it can be properly implemented properly. In general, legal protection can be divided into two:
Preventive Legal Protection
Preventive legal protection is the protection contained in laws and regulations with a view to prevent a violation and provide signs or limitations in carrying out an obligation.
Repressive Legal Protection
Repressive legal protection is the final protection in the form of sanctions such as fines, imprisonment, and additional penalties given if a dispute has occurred or a violation has been committed.
Furthermore, according to Philipus M. Hadjon (in Perlindungan Hukum Bagi Rakyat Indonesia , 1987:25), there are 2 (two) means of legal protection:
Means of Preventive Legal Protection
In this preventive legal protection, legal subjects are given the opportunity to submit their objections or opinions before a government decision gets a definitive form. The goal is to prevent disputes from occurring.
Means of Repressive Legal Protection
Repressive legal protection aims to resolve disputes. The handling of legal protection by the General Courts and Administrative Courts in Indonesia belongs to this category of legal protection.
C. Factors Affecting Legal Protection
In addition, there are various factors that can affect the realization of legal protection for the community. According to Soekanto (in Faktor-faktor Yang Mempengaruhi Penegakan Hukum , 1983:35), there are 5 (five) factors affecting the process of law enforcement and legal protection, as follows:
- Law, both in the material and formal sense, that must be made legally, and evenly covers every citizen without exception according to the level of formation of the law.
- Law enforcement works i.e., parties involved in law enforcement e.g., police, prosecutors, judges, lawyers and those who work in correctional institutions.
- Facilities for educated and skilled workers in law enforcement, without which it is impossible for law enforcement to take place smoothly.
- Environment where the community lives. This is because the environment is very influential in social action, and it is closely related to law enforcement.
- Culture i.e., creativity and a sense of togetherness in social life. The culture or legal system basically covers the values that underlie the law that applies to law enforcers and justice seekers.
D. Legal Protection Requirements
Legal protection can be seen from various contexts depending on the circumstances of a person who needs legal protection and the rights obtained as a citizen e.g., in the context of the criminal justice process. In the criminal justice process, legal protection is given to witnesses and/or victims whose existence is very important to the case. Pursuant to Law Number 31 of 2014 on Amendments to Law Number 13 of 2006 on the Protection of Witnesses and Victims (“ Law 31/2014 ”), the requirements for obtaining legal protection are as follows:
- The qualifications of the criminal acts experienced by victims and witnesses are adjusted to those regulated by the Witness and Victim Protection Agency ( Lembaga Perlindungan Saksi dan Korban, “ LPSK ”);
- Victims or witnesses provide information to the LPSK to clarify the situation of the crime they experienced;
- There is an absence of status as the main perpetrator in the related crime;
- Victims or witnesses provide a written statement to return assets from the crime committed;
- There is a threat to witnesses or victims or the family concerned if the case is actually disclosed.
Legal protection is fundamental to provide a sense of justice and order for everyone. Legal protection has various contexts such as legal protection for consumers who are harmed, legal protection for witnesses and victims who provide information on the occurrence of criminal acts, and other contexts. Therefore, have we received legal protection as regulated by law?
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Disclaimer: This article has been prepared for scientific reading and marketing purposes only from ADCO Law. Accordingly, all the writings contained herein do not constitute the formal legal opinion of ADCO Law. Therefore, ADCO Law should be held harmless of and/or cannot be held responsible for anything performed by entities who use this writing outside the purposes of ADCO Law.