Abstract

Corruption is a crime that is difficult to eradicate because the perpetrators of corruption usually have a strong economic and political position so that corruption is classified as a white-collar crime, crimes as business, economic crimes, official crime, and abuse of power. The purpose of this research is to know the urgency of providing legal protection for witnesses to perpetrators who are willing to cooperate with law enforcement in the investigation of Corruption Crimes. This research is normative legal research using the statute approach, philosophical approach, and case approach. The results can be explained that the urgency of providing legal protection for perpetrators of witnesses who are willing to cooperate with law enforcement in the investigation of Corruption Crimes because Justice Collaborator is the main actor who can help uncover a crime because it has the potential to have evidence to drag the main perpetrator and other suspects in. Third, the future arrangements for perpetrator witnesses who are willing to cooperate with law enforcement still cannot be used as a strong legal basis regarding the right of commutation of sentence for Justice Collaborators in criminal justice by law enforcement officers and many have weaknesses, especially in terms of commutation of sentences for Justice Collaborators for their testimonies in assisting law enforcement officers but are only used as considerations by judges without any binding power that obliges judges to provide leniency.

Highlights

  • The crime of corruption is one of the crimes that invites the attention of the public and has become an icon of the reform movement with KKN

  • Corruption is a crime that is difficult to eradicate because the perpetrators of corruption usually have a strong economic and political position, so that corruption is classified as a white collar crime, crimes as business, economic crimes, official crime and abuse of power

  • To be able to uncover the perpetrators of criminal acts of corruption who have strong economic and political positions, it requires insiders or criminals who are willing to cooperate in providing information and assistance to law enforcement in uncovering a particular crime

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Summary

Introduction

The crime of corruption is one of the crimes that invites the attention of the public and has become an icon of the reform movement with KKN (corruption, collusion, and nepotism). Namely binding legal materials, consist of the 1945 Constitution of the Republic of Indonesia; RI Law No 8 of 1981 concerning the Criminal Procedure Code (KUHAP); the Criminal Code (KUHP); Law of the Republic of Indonesia Number 31 of 1999 as amended by Law of the Republic of Indonesia Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption; Law Number 31 of 2014 concerning amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims; Supreme Court Circular (SEMA) No 04 of 2011; and Joint Regulations of the Minister of Law and Human Rights, Attorney General, National Police Chief, KPK, and LPSK concerning Protection for Reporting Reporters, Reporting Witnesses, and Collaborating Perpetrator Witnesses; ii. The results of the analysis using legal logic, legal arguments, legal principles that will produce conclusions as answers to problems that must be answered and use legal reasoning

The Term of Justice Collaborator
Legal Basis for Justice Collaborator Regulation
Fulfilling the Rights of Justice Collaborators in Corruption Cases in Indonesia
Special Handling
Comparison of Justice collaborator Regulatory Laws in Different Countries
Justice Collaborator Arrangements in the Netherlands
Justice Collaborator Arrangement in Germany
Findings
Conclusion
Full Text
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