Law Number 3 of 2026 Expands Protection for Witnesses and Victims and, Strengthens the Authority of the Witness and Victim Protection Agency (LPSK)

Introduction

On 20 May 2026, President Prabowo Subianto enacted Law Number 3 of 2026 on the Protection of Witnesses and Victims (“Law 3/2026”), which took effect on the same date. This Law aims to provide comprehensive protection and fulfill the essential rights of witnesses, victims, cooperating offenders, reporters, informants, and experts at every stage of the criminal justice process in Indonesia.

Law 3/2026 responds to developments within the criminal justice system that require a more proactive and integrated legal approach. The previous legal framework was considered not yet fully adequate to ensure a genuine sense of security and meaningful access to justice, particularly for vulnerable groups. Accordingly, Law 3/2026 shifts the legal orientation from one previously focused on offenders (offender-oriented) to one centered on the protection and recovery of witnesses and victims (witness and victim-oriented), while strengthening institutional capacity so that all parties may disclose cases safely and without fear.

 

Comparison

Law 3/2026 revokes and replaces Law Number 13 of 2006 on the Protection of Witnesses and Victims (“Law 13/2006”), as most recently amended by Law Number 31 of 2014 (“Law 31/2014”).

 

Key Provisions

Expansion of Protected Subjects and Protection Rights

Article 5 provides that the Witness and Victim Protection Agency (“LPSK”) grants protection not only to witnesses and victims, but also to cooperating offenders, reporters, informants, and experts. LPSK assesses the level of vulnerability, the subject’s position in the case, and the profile of the offender in order to determine the appropriate type of protection. The General Elucidation of Law 3/2026 further emphasizes special treatment for vulnerable groups, including women, children, older persons, indigenous peoples, and persons with disabilities, to ensure fair protection. Furthermore, Article 7 guarantees their rights, including the right to obtain a new identity, residential facilities (safe houses), protection from digital threats, and medical recovery. Article 10 further protects these subjects from all forms of criminal and civil legal action arising from testimony given in good faith.

Special Treatment and Rewards for Cooperating Offenders

Article 11 requires law enforcement authorities to provide special treatment to Cooperating Offenders (Justice Collaborators) who assist in uncovering criminal networks. LPSK and law enforcement authorities separate detention facilities and case files between Cooperating Offenders and the principal suspects they expose. LPSK also facilitates the provision of testimony by Cooperating Offenders during court proceedings without requiring direct face-to-face confrontation with defendants. In recognition of their contribution to uncovering criminal acts, Cooperating Offenders are entitled to rewards in the form of:

1. Mitigation of sentencing, stated in writing by the public prosecutor in the prosecutor’s sentencing demand submitted to the court; or 
2. Additional remission, parole, and other prisoners’ rights for Cooperating Offenders who have acquired prisoner status, based on LPSK’s recommendation. 

Management and Utilization of the Victim Trust Fund

Article 13 regulates the Victim Trust Fund. The Government assigns the ministry responsible for financial affairs to manage the fund, while LPSK utilizes it directly to finance compensation and psychosocial rehabilitation for victims of criminal acts. The Government accumulates the trust fund from various sources, including:

1. The State Budget (APBN) and Regional Budgets (APBD); 
2. Revenue-sharing from Non-Tax State Revenue (PNBP) generated from the law enforcement sector; 
3. Criminal fines and proceeds from the management of confiscated assets; and 
4. Corporate social responsibility (CSR) funds, grants, philanthropy, and investment income. 

Enforcement of Restitution Payments

Articles 19 through 22 regulate the mechanism for obtaining restitution or compensation so that victims may receive their financial entitlements directly from offenders. Judges are required to specify the amount of restitution in the operative part of their judgments. If a convicted person refuses or fails to pay restitution within 30 days after the court decision has obtained final and binding legal force, Article 21 requires prosecutors to auction the convicted person’s seized assets. Where the auctioned assets are insufficient to satisfy the losses, the State shall impose substitute imprisonment on the convicted person, after which the State assumes responsibility for the victim’s recovery through the Victim Trust Fund.

Provision of State Compensation for Victims of Specific Crimes

Article 23 guarantees the State’s provision of compensation to victims of crimes resulting in severe suffering. Such financial compensation is intended for victims of gross human rights violations, victims of terrorism offences, victims of trafficking in persons, and the payment of unpaid restitution balances for victims of sexual violence offences. LPSK executes compensation payments immediately after the court issues a decision that has obtained final and binding legal force, ensuring that victims may recover without depending on the offender’s willingness to compensate.

Strengthening of LPSK and Decentralization

Articles 25 and 28 strengthen LPSK’s status as an independent state institution vested with highly strategic authority. LPSK is authorized to relocate protected persons to safe houses, evaluate compensation calculations, and issue formal warnings to parties that issue threats. To expand access to justice services throughout all regions, Article 31 authorizes LPSK to establish Regional LPSK Offices. In addition, Article 62 requires investigators, inquiry officers, public prosecutors, and judges to maintain confidential coordination with LPSK through an information technology-based criminal justice system to ensure that the security of protected subjects is not compromised.

 

Transitional Provisions

Article 73 requires LPSK to continue processing all protection applications submitted before 20 May 2026 by continuing to refer to the provisions of Law 13/2006 in conjunction with Law 31/2014. In addition, Article 72 affirms that all implementing regulations referring to the previous legal framework remain fully effective, provided that their substantive provisions do not conflict with the new provisions contained in Law 3/2026.

 

Closing

Law 3/2026 shifts the paradigm of Indonesia’s criminal justice system toward a framework centered on the protection and recovery of witnesses and victims. The Law establishes a comprehensive legal framework through the expansion of protected subjects to include informants and vulnerable groups. The fulfillment of victims’ rights is further strengthened through clearer restitution and state compensation mechanisms, supported by the establishment of the Victim Trust Fund from various funding sources. Furthermore, LPSK’s institutional capacity is strengthened through broader strategic authority and decentralization to regional levels, accompanied by guarantees of legal immunity and rewards for reporters and cooperating offenders (justice collaborators), thereby creating a safe, fair, and fear-free law enforcement ecosystem.