Legal Analysis of the Concept of Legal Reform on the Regulation of Justice Collaborators in Efforts to Combat Corruption in Indonesia

Abstract

In Indonesia, the regulation regarding Justice Collaborators is regulated in the Supreme Court Circular (SEMA) No. 4 of 2011, which regulates the treatment of criminal reporters (whistleblowers) and witnesses who cooperate (Justice Collaborators). However, this SEMA does not have binding legal force like a law. In practice, the application of articles by prosecutors, lawyers, and judges in corruption cases is often inconsistent. For example, when a case meets the elements of Article 2 of the PTPK Law, the article that is imposed is often Article 3, which has a lighter threat of sanctions, so it tends to be used to lighten the perpetrator. This study uses the Juridical Sociological method with a descriptive-analytical approach, relying on primary and secondary data collected through interviews and literature studies. The analysis was conducted qualitatively using legal protection theory and punishment theory. The results of the study show weaknesses in the legal substance related to Justice Collaborators in the criminal justice system in Indonesia. For example, the award regulated in Article 10A paragraph (3) does not provide clear legal certainty, and legal protection for Justice Collaborators is considered still weak. Government efforts to overcome these weaknesses include revising Law No. 13 of 2006 and preparing a draft revision of the Criminal Procedure Code, including reformulating the definition of crown witnesses and Justice Collaborators to be clearer and more integrated. This step is expected to strengthen the protection and implementation of the role of Justice Collaborators in the criminal justice system.