Legal Reconstruction of False Statements in Corruption Case Pretrial as Quasi-Delict Based on Justice Value

Abstract

The objectives of this study are to analyze the weaknesses in the regulation of False Statements In Corruption Cases Pretrial Currently and how to reconstruct the regulation of False Statements In Corruption Case Pretrial As Quasi-Delict based on the value of justice, using the constructivism paradigm. The approach method used in this research is social legal research, concept approach, and comparative approach. The results of the study found that the Weaknesses is regarding the fact that whistleblowers (reporters) and justice collaborators (who participate in providing the information) have actually been included in the scope of parties that need to be protected in Law no. 13 of 2006, however, due to the lack of strict provisions, problems arose in its implementation, not to mention the long process of making the minutes of examination, the low understanding of law enforcement officials in the pretrial mechanism, and the low public awareness in giving correct witness testimony. Therefore, The Reconstruction proposed by the author is in the form of harmonization of the article, Article 174 Paragraph (1) of the Criminal Procedure Code by highlighting the punishment in the form of a minimum sentence of 3 (three) years and maximum 12 (twelve) years and/or a fine of at least Rp. 150,000,000.00 (one hundred fifty million rupiahs) and a maximum of Rp. 600,000,000.00 (six hundred million rupiahs) for false statement.