According to Article 1 number 26 of the Criminal Procedure Code, a witness is a person who can provide information for the purposes of investigation, prosecution and justice regarding a criminal case that he personally heard, saw for himself and experienced for himself. This also includes people who can provide information in the context of investigation, prosecution and trial of criminal acts that they have not always heard about, seen for themselves and experienced for themselves.

Refusing to be summoned as a witness is categorized as a criminal offense .

Article 224 of the Criminal Code

Any person who is summoned as a witness, expert or interpreter according to the law and who deliberately does not fulfill the obligations under the law which he must fulfill, is threatened with:

1. in criminal cases, with a maximum imprisonment of 9 months;
2. in other cases, with a maximum prison sentence of 6 months.

Article 285 Law 1/2023

Any person who unlawfully does not appear when summoned as a witness, expert or interpreter, or does not fulfill an obligation that must be fulfilled in accordance with the provisions of statutory regulations, shall be punished by:

1. a maximum prison sentence of 9 months or a maximum fine of category II, namely IDR 10 million, for criminal cases; or
2. a maximum prison sentence of 6 months or a maximum fine of category II, namely IDR 10 million, for other cases.

R. Soesilo in his book The Criminal Code (KUHP) and its Complete Comments Article by Article, states that in order to be punished under Article 224 of the Criminal Code, the person must:

1. Summoned according to law (by a judge) to be a witness, expert or interpreter in both criminal cases and civil cases;
2. Deliberately not wanting to fulfill (refusing) an obligation that according to law he must fulfill, for example the obligation to come to court and provide testimony, provide expert information, translate.

R. Soesilo also explained that the person must deliberately refuse to fulfill his obligations, if he just forgets or is reluctant to come, then he will be subject to Article 522 of the Criminal Code.

The obligations of witnesses in the Criminal Procedure Code are regulated as follows:

1. Before giving testimony (at trial), witnesses are required to take an oath or promise according to their respective religious practices, that they will give true information and nothing other than the truth.
2. The witness is obliged to remain present at the trial after giving his statement, unless the presiding judge at the trial gives permission to leave.
3. Witnesses were prohibited from speaking.

So it is clear that the obligation of a witness in a criminal case is to appear when summoned. However, if you are unable to appear to fulfill your witness obligations due to appropriate and reasonable reasons, you need to inform the investigator conducting the examination.

The rights of witnesses in the investigation and trial process according to the Criminal Procedure Code include:

1. Summoned as a witness by the investigator with a valid summons taking into account a reasonable time limit, and has the right to be informed of the reasons for the summons.
2. The witness has the right to be inspected at his residence if he can provide a proper and reasonable reason that he cannot come to the investigator.
3. Has the right to provide information without pressure from anyone and/or in any form.
4. Witnesses have the right to refuse to sign the minutes containing their statements by providing strong reasons.
5. The witness has the right not to be asked misleading questions.
6. Have the right to an interpreter if the witness does not understand Indonesian.
7. Have the right to an interpreter if the witness is mute and/or deaf and cannot write.

Law 1/2023 also provides witnesses with rights in the form of protection from all forms of violence and threats of violence, including if the witness and his family lose their jobs because of their testimony in the judicial process.

Legal basis:

1. Criminal Code;
2. Law Number 8 of 1981 concerning Criminal Procedure Law;
3. Law Number 1 of 2023 concerning the Criminal Code.

Reference:

1. Hukumonline.com
2. Constitutional Court Decision Number 65/PUU-VIII/2010.