PROBLEMATIKA HUKUM ANTARA KOMISI PEMBERANTASAN KORUPSI DAN LEMBAGA PERLINDUNGAN SAKSI DAN KORBAN TERKAIT KEWENANGAN PENGELOLAN RUMAH AMAN

The Republic of Indonesia is a state based on law (rechtstaat) and not based on mere power (machtstaaat). One of the human rights protections in the construction of law enforcement in Indonesia is an effort to provide protection for witnesses and victims. Protection of witnesses and victims is needed to provide a sense of security from threats, both physical and psychological from certain parties so that witnesses and victims can provide information comprehensively in the law enforcement process. LPSK as an institution that provides witness and / or victim protection also carries out its duties in certain criminal cases which one of them is a criminal act of corruption. This was stated in Article 5 paragraph (2) of Law No.13 of 2006 concerning Protection of Witnesses and Victims. So that LPSK has a legitimacy basis to protect witnesses of criminal acts of corruption. But in the other hand the Corruption eradication commission also has the authority to provide protection to witnesses or reporters relating to corruption cases in accordance with Article 15 , UU No. 30 of 2002 concerning the Commission for the Eradication of Criminal Acts of Corruption, so that the existence of this creates a vague norm and problems in the technical level of implementing the regulation. There is a lack of clarity in the benchmark related to the agency that has the right to manage the house safely in protecting witnesses from criminal acts of corruption