Febriyandi, Nicko (2023) Perlindungan Saksi dalam Sengketa Pemilihan Umum Langsung Presiden dan Wakil Presiden Tahun 2019 Di Mahkamah Konstitusi (MK). Other thesis, Universitas Islam Riau.

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Abstract

Every evidence in a court requires evidence, as well as witnesses who can later become a benchmark for the judges in deciding a case, as well as in the trial of the Constitutional Court in resolving disputes over the results of the general election for the President and Vice President, witnesses are needed, be it witnesses who are directly involved in the field, such as TPU officers, Bawaslu members, or community members who took part in the implementation of the general election. In its application, summoning witnesses to testify before the court, especially for issues such as the dispute over the results of the presidential and vice presidential elections at the Constitutional Court, is not easy, because many people are afraid to testify because they are aware that if their testimony is incriminating one of the parties there will be repercussions. directly by him, therefore it is necessary to protect the witnesses who are trying to be presented before the court. But in reality the law on witness protection limits the duties of the witness and victim protection agency (LPSK) which can only protect witnesses in the criminal realm. The method used in this research is descriptive-analytic, namely the type of research that looks at the description of what happened in the implementation which can be sourced from social phenomena. Constitutional Court. Judging from the type of research, this research is classified as normative legal research, namely research conducted based on secondary data. Judging from what happened in the trial of the presidential and vice presidential election disputes in 2019, there was a problem regarding witness protection in the Constitutional Court that could not be touched by institutions related to witness and victim protection (LPSK), Therefore, judging from the importance of the role of witnesses who can be a reference for decisions that will be given by the judges of the Constitutional Court, need for protection that has so far been limited in its rules, which only regulates protection in the realm of criminal justice. Because there will be a legal vacuum and matters relating to witness protection can be used by certain parties to intervene either before or after the witnesses give their testimonies or it can be used as negative issues to lead opinions in the community even though there are no such things as intervention. against the witness. These kinds of things must be anticipated by the President and also the DPR as the authorized institution in making rules to be able to make rules on witness protection outside the criminal realm. so that there is no confusion in the public's perception of high court institutions such as the Constitutional Court.

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