Perlindungan Hukum Pidana bagi Justice Collaborator dalam Tindak Pidana Korupsi di Indonesia

Abstract

Justice collaborator or collaborators of justice was commonly used in Italy, at that time there was an Italian mafia member who testified for the crimes committed by the circle, the term they used pentito or in English “Repentent” which means people who were formerly associated whit criminal group who decided to repent or collaborate with the police or authority to assist with their investigations. Italy is believed to be the first country to give this kind of protection in their legal system followed by the US and Australia. There is a lot of talk in Indonesia in recent times to adopt the same practice in helping the police investigating major corruption cases. Analysts suggest that the government through the police department should provide protection to justice collaborators and their family in an exchange for the cooperation in solving corruption cases. SEMA No. 4 of 2011 regulates (whistle blower) and (justice collaborator) on criminal case only but not on corruption cases while Criminal Act no 31 of 2014 only provide protection for witnesses and victims. The method used in writing is descriptive analysis that leads to normative juridical legal research, and in the Medan Court Class I-A is the location of the study. The aim to write this is to find out the procedures for people who decide to become justice collaborators; how to access and what forms of protections will they receive in assisting investigators solving their cases. In Indonesia we yet to know or understand what forms of protection for justice collaborators in corruption cases. Protection of justice collaborator in corruption crime in Indonesia in detail has not yet been formed in others words as there is no laws or regulations in Indonesia that clearly elaborate the protections for justice collaborators in certain crime especially corruption.