Legal Protection for Experts in Criminal Cases as IUS Constituendum in The Reform of The Criminal Procedure Code (KUHAP)

Abstract

Proof in criminal justice aims to discover material truth, where Expert testimony plays an important role as a valid evidentiary tool in the Criminal Procedure Code (KUHAP). Experts help explain technical and scientific aspects that cannot be directly understood by law enforcement officials. However, the reform of the Criminal Procedure Code has not explicitly regulated legal protection for Experts, even though such protection has been provided to Witnesses, Victims, and other vulnerable groups. This creates vulnerability for Experts, such as pressure, intimidation, and the potential for legal claims against their testimony in court. This research aims to determine the position of Experts and the urgency of their legal protection in the reform of the Criminal Procedure Code. This research is a type of legal research that uses statutory and conceptual approaches. The results show that Experts have a strategic role in strengthening evidence, yet they are not supported by adequate legal protection. Therefore, it is necessary to establish legal protection for Experts as ius constituendum (the law as it ought to be), which includes physical and psychological protection, immunity from legal prosecution for their testimony in court, and a guarantee that Experts can continue to carry out their work/profession without the threat of losing their employment/profession."