Saturday, May 14, 2011

Problematika Perlindungan Saksi

Undang-Undang No. 13 Tahun 2006 tentang Perlindungan Saksi dan Korban memberikan ruang perlindungan yang besar kepada saksi atau korban, dan salah satu bentuk perlindungan tersebut adalah hak untuk perubahan identitas. Akan tetapi di sisi lain Pasal 77 Undang-Undang No. 23 Tahun 2006 tentang Administrasi Kependudukan melarang siapapun tanpa hak untuk mengubah data pada identitas seseorang.
Lembaga Perlindungan Saksi dan Korban (LPSK) mengakui hingga kini masih sulit mengubah identitas orang yang dilindungi. Padahal lembaga ini diberi kewenangan untuk mengubah identitas saksi atau korban yang mengajukan permohonan perlindungan berdasarkan Undang-Undang No. 13 Tahun 2006.
Ketua LPSK, Abdul Haris Semendawai, mengakui terus terang kesulitan yang dialami lembaga yang dia pimpin. Hingga kini belum ada satu pun saksi atau korban terlindungi yang diubah identitasnya. Semendawai berdalih belum ada aturan atau mekanisme yang mengatur perubahan identitas.
Ia berpendapat saksi atau korban yang mendapat ancaman berkepanjangan sudah selayaknya mendapatkan hak mengubah identitas dan tempat tinggal. Yang bersangkutan bisa direlokasi ke tempat lain. “Saksi berhak mendapat identitas baru. Cuma, tidak tahu implementasinya,” ujarnya, Kamis (12/5).
Lembaga sejenis di Amerika Serikat, kata Semendawai, ada banyak saksi kejahatan yang dilindungi dan mendapatkan identitas baru. Perubahan itu meliputi pula sertifikat dan akta kelahiran. Hal itu terjadi karena dimungkinkan mengubah identitas kependudukan seseorang.
Sebaliknya, kewenangan mengubah identitas saksi atau korban terlindungi belum bisa dilaksanakan karena ada benturan dengan Undang-Undang Administrasi Kependudukan. Semendawai khawatir, jika melakukan tindakan mengubah identitas seseorang, komisioner akan dipidana. Karena itu, Semendawai meminta Pemerintah membuat aturan dan mekanisme yang jelas bagaimana mengubah identitas saksi dan korban.
Perubahan identitas, menurut hukum positif, harus dilakukan lewat pengadilan. Yang harus diperjelas adalah apakah permohonan perubahan identitas itu harus lewat putusan atau penetapan pengadilan, atau oleh LPSK sendiri. “Apakah LPSK menggantinya sendiri atau lewat pengadilan. Kalau keliru kita kena tindak pidananya,” tandasnya.
Ia tidak mempersoalkan apakah mekanismenya harus melalui pengadilan atau LPSK. LPSK butuh kejelasan mekanismenya. “Belum jelas sehingga perlu diatur dalam Undang-Undang, bagaimana tata cara pergantian identitas,” imbuhnya.
Jebolan Fakultas Hukum Universitas Islam Indonesia (UII) Yogkyakarta ini sempat meminta pendapat kepada seorang hakim. Ternyata sang hakim pun belum punya gambaran jelas mekanismenya. “Jadi masih membutuhkan waktu yang panjang dengan berbagai pihak,” imbuhnya.
Tentu, kata dia, pemberian perlindungan tidak bisa sembarangan. LPSK akan mempertimbangkan kasus dan tingkat ancamannya. “Perlindungan itu sesuai dengan kasus dan ancamannya,” pungkasnya.
(Sumber: http://www.hukumonline.com/berita/baca/lt4dcbc21c6846d/lpsk-kesulitan-ubah-identitas-saksi-dan-korban)
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