IMPLEMENTASI PENGGANTIAN BIAYA SAKSI DALAM PERKARA PIDANA BERDASARKAN KUHAP DI KEJAKSAAN NEGERI BINTAN TAHUN 2019-2020

Abstract

Regulation for reimbursement of witness fees is regulated in the provisions of Article 229 paragraph (1) of the Criminal Procedure Code which guarantees the right to reimburse witnesses who have attended to fulfill summons in order to provide testimony as witnesses. However, in practice these provisions are not implemented properly. This study aims to examine the application and barriers to compensation for witness fees at the Bintan District Prosecutor's Office in accordance with applicable regulations. This research was conducted using normative legal research methods using statutory approaches and approach legal principles. The data source used is secondary legal data. The data analysis technique was analyzed using qualitative methods. The results of the study show that the implementation of reimbursement for witness fees at the Bintan District Prosecutor's Office in 2019 to 2020 did not work as it should be. Obstacles in implementing reimbursement for witness fees are caused by several factors, namely inadequate budget, law enforcement factors have not maximized witness rights, legal factors are no further regulation regarding reimbursement of witness fees, community factors, namely high public ignorance and perceptions are still afraid. the community in law enforcement and cultural factors, namely the witness' ignorance of the witness's rights so that it becomes a culture that witnesses who are called are not given compensation. From the five factors, its concluded that the favtors inhibiting the cost norm of reimbursement of witnesses at the Bintan District Prosecutor's Office is the factor of facilities, law enforcement, society and culture