SELF-PROTECT’ RESPONSIBILITY MODEL FOR WITNESS PROTECTION: Learning from the United States and Indonesia Challenges and the Propose for the Future

Abstract

This study aims to explore the challenges of self-protect’ responsibility model for witness protection and to promote in the state members of the United Nations. Through doctrinal research method it examines the self-protect basic ideas and legal framework from the United Nation, its challenges in the United States and Indonesia context as the sample, together with the conditions to promote it. The result shows that self-protect responsibility model for the witness protection is developed in the basis of self-defence as a part of human rights. It has a benefit as a sharing model adjoining with the state and as an alternative protection model when the state fails to protect witnesses. However, two essential challenges remain in its strategies, namely uneducated barriers to aware the potentially dangerous circumstances, low-income barriers to provide devices for self-protection by the witnesses, and the malpractices of using firearms other than for self-protection. The willingness and commitment of the country members to overcome the challenges will influence the promotion of the self-protection model. Three ways as the important features to make the self-protect responsibility model possible to be adopted, include establishing regulation relating the usage of nonlethal weapons together with its sanction for the malpractice. Second, educating people on how to use nonlethal weapon properly and lawfully. Third, providing self-protect devices to a potential witness as needed. The original value of this result contributes to propose the way to make self-protect responsibility model being implemented broadly for a better witness protection program among countries members.