Eradication efforts corruption uncovered by the perpetrator arguably rarely , because protection law For revealer Still Not yet clear so that risk will come . Justice collaborator is step strategic For speed up disclosure act criminal organized . The perpetrators organized crime​ difficult reachable in a way law Because neat and sophisticated a act crime so that almost " no " leave footsteps proof ”. [7]

The role of Justice Collaborator in to reveal act criminal corruption is very important , because can give crucial and helpful information​ apparatus enforcer law in identify other actors as well return asset results crime . Not only help in collection information and evidence , but also contribute to efforts prevention and enforcement more laws​ effectively . In legal normative , based on Law No. 13 of 2006, Article 10 Paragraph (2) states that the existence of a Justice Collaborator means witness the perpetrator who works same , but No There is place For get protection in a way law , meaning No existence a certainty clear law​ for a justice collaborator. In fact , a witness who is also a suspect in same case​ No can released from demands criminal if He it turns out proven in a way valid and convincing guilty , but his testimony can made into judge's consideration in lighten up the crime that will be dropped .

As crime outside ordinary (extra ordinary crime), handling act criminal corruption No can done in a way usual . Eradication act criminal corruption that is committed in a way normal or conventional during This proven No effective Because experience Lots constraints . [ 11 ] This due to because of the corruption virus No just attacking the executive and legislative bodies , but also surfacing among the judiciary carried out by judges, prosecutors and police as institution enforcer law . Therefore that , is needed A method enforcement law in a way outside normal For eradicate corruption . The need for Handling in a way outside normal in eradication act criminal corruption due to Because act criminal corruption done by people in ties or who has intellectuality high (white collar crime) and carried out in a network organized crime . The use of justice collaborators in justice criminal is one of form effort outside usual that can used For eradicate act criminal corruption . Definition of justice collaborator according to Circular Letter Supreme Court Number 4 of 2011 is someone who is one of from perpetrator act criminal , admit the crime he committed , not perpetrator main in crime mentioned , as well as give information as witnesses in a very significant judicial process so that can to reveal act criminal meant in a way effective , revealing perpetrators others who have more roles​ big and return assets / results a act criminal . The role of Justice Collaborator can known as suspect However No perpetrator main and can dismantle the people involved in it . In case this , even though He has corruption However he also got relief Because has help in a process of dismantling facts and justice . If reviewed based on the role of justice collaborator at the time This in to reveal a act criminal corruption , then need will regulation legislation that regulates regarding justice collaborators and protection law very necessary for him remember The role of justice collaborator is very significant . So that expected in the future come arrangement in a way specific regarding justice collaborators and protection the law can fulfilled and can implemented in accordance with regulation applicable laws and regulations .

Basic Mechanisms and Position of Justice Collaborator

Implementation mechanism base the justice collaborator method is method in search facts on disclosure justice that is wanted given to public wide . [12] In searching for a fact there it is term collaboration used . In use the term justice collaborator in court criminal is a very great way in to reveal a crime act criminal corruption . With the holding of a cooperation this is very much expected capable make it easier work investigators in the investigation process , then prosecutor in the prosecution process and the judge at the time do proof later in court . If based on to the definition of justice collaborator is explained as " witness" the perpetrator who works The same confess his actions , returning asset or results action criminal as well as to give information and also valid evidence ”. With thus moment later proven that confession his mistake Correct so are the goods the proof Correct so that later investigator or prosecutor general capable prove error the so furthermore in giving the prize will be handed over For someone who has has the status of justice collaborator. However later moment proven in the description it turns out invalid or​ Correct then the judge may give implementation article 174 to him on indictment false .

Then related with position from justice collaborator method in to reveal a crime criminal Already become point focus on the framework security to witness Article 10 of Law No. 31 of 2014 contains : a very important role to people with justice collaborator status in disclose a act crime planned . From what is contained in the article This No use understanding of justice collaborator directly , will but There is sentence that explains " witness" in matter This also has suspect status same case " , thing This explain understanding the directed to Who just in matter This status become a justice collaborator. Then in the Joint Regulation of the Minister of Law and Human Rights Human , Attorney General of the Republic of Indonesia, Head of Republic of Indonesia National Police , Commission Eradication Corruption and the Chairperson of the Witness and Victim Protection Agency is aims to form synergy between apparatus law For stop crime criminal planned use method dig a information by people who want become a justice collaborator.

So that from discussion on can understood If role from justice collaborator On the evidence facts , especially act criminal certain like in disclosure act criminal very serious corruption important , because the role of the justice collaborator can used For make it easier proof as well as prosecution and capable in to dismantle a crime criminal planned . Especially in, crime act criminal corruption in Indonesia is rare implemented in a way Alone will but in groups and very difficult revealed . By matter The Witness and Victim Protection Agency is obliged to ensure that it is formed weapon For protection all over willing perpetrator​ cooperate For to reveal crime murder planning . seen clear in discussion on The role of justice collaborator is very important as well as useful in the to reveal crime planned , especially in cases murder planning at the moment This often happen and become issue warm as well as harm Lots thing , because murder planning is " a action cause disappearing to other people's lives as well what we can be certain of is will There is impact feel aimed at to party the victim's family . Therefore That all matter For to reveal crime corruption that occurred must make role or justice collaborator method in help to reveal as well as ease the proof process from in to reveal act criminal corruption This .

Protection for Justice Collaborators

Arrangement about Justice Collaborator in justice criminal law in Indonesia is things that can it is said new if compared to with practice the law that occurs in the Criminal Procedure Code. [15] Regulation legislation of course No in a way explicit arrange about Justice Collaborator. Policy law criminal acts originating from from document national which provides arrangement about Justice Collaborator namely Constitution Number 31 of 2014 concerning Change on Constitution Number 13 of 2006 concerning Protection of Witnesses and Victims.

Constitution This formed For grow participation public For disclosure act criminal , necessary created by him conducive conditions​ with give protection law and security to everyone who finds things that can help apparatus enforcer law in to reveal act crimes that occur . The enactment rule This expected for Justice Collaborator can helped . The creation of a justice and equal standing in the eyes law , Justice Collaborator has help apparatus enforcer law and return asset wealth gained​ from results act criminal certain .

Enforcement law is means For reach objective law . Protection against human rights for every citizens become​ obligation from the country that stated that the country is a country based on law . According to Article 1 paragraph 3 of the 1945 Constitution, it states that the Republic of Indonesia is a country of law . Therefore , that , the country has not quite enough answer in protect human rights of all inhabitant his country . Protection law against Justice Collaborator must in a way extensive and complete applicable good at stage justice and after the trial process finished . The amount the threat that will come from party or individuals who feel disadvantaged if the Justice Collaborator uncovers it a act criminal can endanger the Justice Collaborator and his family . The form protection The laws in force in Indonesia have 4 ( four ) forms namely : [16]

Protection to physical and mental

Protection physical and mental No only applicable For security personal in the form of protection from all threats , terror , violence , pressure , disturbance to self , soul and property from party whatever , but also guarantee protection for family from Justice Collaborator. 4 It is also explained based on Article 5 paragraph 1 of the PSK Law which regulates about Justice Collaborator rights explained that the Justice Collaborator has the right get protection physical and mental in the form of protection on security personal , family and property the object , and free from The threats concerned with testimony that will, is , or has given and participated as well as in the process of selecting and determining form protection and support security .

Protection law

Protection towards the Justice Collaborator there is in Article 10 and Article 10A of the PSK Law. Legal Protection for Justice Collaborators in Article 10 can concluded that Justice Collaborator during give information that will , is , or has been has given based on on faith well , then Justice Collaborator does not can sued Good criminal and civil . Faith Good explain that a person who gives reports and/ or information to apparatus enforcer law solely based on desire For to dismantle act criminal . 6 If there is demands prosecutor general must postpone until the given case information has get strength law still so that Justice Collaborator remains focus give information For to dismantle fact the occurrence act criminal and steps preventive in effort party certain For obstruct the inspection process the matter that will dismantled .

While the Criminal Procedure Code regulates about protection witness crown . Crown witness is the given term to somebody the accused who became witness in disclose incident the crime he committed . The Criminal Procedure Code which is one of the achievement in field law in Indonesia, has to list provision protection to rights basic suspect or defendant .

Handling in a way special

Support effort giving sense of security protection towards the Justice Collaborator who provides information in the judicial process , then given Handling in a way special . Handling in a way special set up in Joint Regulation of the Minister of Law and Human Rights, Attorney General, Head of Republic of Indonesia Police Number : m.hh-11.hm.03.02.th.2011, Number : per-045/a/ja/12/2011, Number : 1 of 2011, Number kepb-02/0155/12/2011, Number : 4 of 2011 Concerning Protection for Reporters , Reporting Witnesses and Cooperating Perpetrator Witnesses .

Giving protection shaped placement room different prisoners​ from other actors in the case that he revealed , LPSK coordinates with the party running institutions that have authority in Handling detention .

Apparent suspension of legal process consequence information , reports and/ or testimony obtained​ No Again required arrangement mechanism special For get it Because has set up in Constitution existence obligation enforcer law For operate matter the Where in a way automatic will implemented by law enforcers law , except there is condition Where matter the No can implemented .

In giving treatment in a way special for Justice Collaborator it is necessary done Work same by agency related . In case This is what LPSK does coordination with the Ministry of Law and Human Rights to give treatment in a way special for Justice Collaborators.

SEMA regulates about guidelines For determine somebody as a Justice Collaborator and judge's consideration in the fall punishment in amar judge's decision . The judge is obliged consider the sense of justice in giving treatment special in form relief the crime that will be given to Justice Collaborator. Article 5 paragraph (2) of PP Number 71 of 2000 concerning Procedures for Implementing Community Participation and Provision of Awards in Prevention and Eradication Action Criminal Corruption arrange about rights and protection for every witnesses and reporters , and if it turns out from results investigation and inquiry there is Enough supporting evidence​ the involvement concerned in act criminal corruption , then it is related No given legal status protection But still given protection in the process of inspection justice .

Giving award

Giving award for Justice Collaborator is very important its existence For effort create atmosphere conducive for disclosure act criminal corruption in context involvement society . Giving award worthy given to Justice Collaborator as sign that the person concerned has meritorious in effort enforcement law , thing This it is hoped that the perpetrators act criminal other corruption can also occur help apparatus enforcer law in help to dismantle act criminal corruption other .

Protection in form giving award for Justice Collaborator can in the form of relief the fall criminal with how LPSK provides recommendation in a way written to prosecutor general for relief the fall punishment criminal loaded in his demands . Demand punishment test as well as giving remission additional and rights other prisoners accordingly applicable laws and regulations if Justice Collaborator is a convicts .

Valid Evidence in Disclosure A Case of Criminal Action Criminal

Proof can known is point central in criminal procedure law . This is based on that results from proof using​ tools proof in accordance provision law , which if Finally No Enough prove the alleged crime to the defendant , then defendant released from punishment . Results of the proof This become tools specified evidence​ Constitution if No Enough prove the alleged crime to defendant , defendant released from punishment . On the other hand , if error defendant can proven with tools the evidence mentioned in Article 184 of the Criminal Procedure Code, the defendant must stated guilty and to him will dropped punishment . The judge must also be careful in take decisions , careful and mature assess and consider problem proof . In the context of law , proof can become tool For to uphold rights and obligations , as well as For ensure that every decisions taken​ based on strong facts and evidence . Based on Article 184 paragraph (1) of the Criminal Procedure Code it is stated about tool valid evidence​ For assist the judge in take decision , tool proof That is : [17]

Witness Statement

Expert Statement

Letter

Instruction

Information Defendant

In general tool proof information witness is tool the most important evidence in case criminal . May said , no a case criminal offenses that have escaped from proof tool proof information witnesses . Many cases are not revealed consequence No existence witnesses who can support task from apparatus enforcer law with remember in crimes which are​​ systematic organized Already goods Of course related parties​ in crime know actor main as brain perpetrator crime the .

To witness the perpetrator who committed act criminal and provide information to apparatus enforcer law Where himself feel has do actions that can be harm interests of the State, or public That can interpreted as form cooperation of a nature cooperative . That's why government and the state along with elements Through Circular Letter Supreme Court Number 4 of 2011, present witness perpetrator from act the same crime in act criminal certain things requested by law enforcement law For cooperate in frame to reveal crimes committed​ in a way organized .

Disclosure a case act criminal what we can be certain of is need witnesses and tools evidence . Reality This give description that testimony a Justice Collaborator is in a position as tool valid evidence​ like testimony witnesses in a way the public present at the trial if applied in accordance with system evidence regulated in the Criminal Procedure Code , such as testimony the must done above​ oath as well as existence principle One witness No tool evidence ( unus testis nulus testis). Position Justice Collaborator's testimony is also very relevant with tool proof others . If prosecutor general only present One witness just in inspection a case corruption so testimony the No tool evidence . The term known with Unus testis nulus testis , namely One witness No witness

Fact This give description that testimony a Justice Collaborator is in a position as tool valid evidence​ like testimony witnesses in a way the public present at the trial if applied in accordance with system evidence regulated in the Criminal Procedure Code , such as testimony the must done above​ oath as well as existence principle One witness No tool evidence ( unus testis nulus testis). Position Justice Collaborator's testimony is also very relevant with tool proof others . If prosecutor general only present One witness just in inspection a case corruption so testimony the No tool proof .

Give description in front hearing court Justice Collaborator witnesses must be to put forward what he experienced Alone . So the testimony was heard from other people no can used as tool evidence . Besides that , Justice Collaborator witnesses must also explain what he explained said , don't until witness only take conclusion or suspicion just from action the accused . Although information a witness stand alone , will but There is several witnesses who gave​ description and there is the relationship One other information​ This can used as tool evidence . A standing testimony​ Alone no Possible give sufficient evidence . But​ If testimony the strengthened with tool proof other , then can obtained valid evidence . The testimony of the Justice Collaborator as explained previously is A testimony by the perpetrator who is also a witness who works The same with apparatus enforcer law .

Legal Power of Information A Justice Collaborator in a Case Action Criminal Corruption

The use of justice collaborators is method in disclosure criminal corruption . Because of the act criminal corruption is a serious crime and a scandal crime so have place special in its eradication . [16] Organized crime​ like This must prosecuted with proper handling , resolution and implementation​ must the more developing due to act criminal corruption is also increasing develop with ways remove state money without leave traces . So with so apparatus enforcer law must more careful in every to reveal act criminal corruption .[18] Can seen from position justice collaborator, then There is A strategic position held by a justice collaborator . It is because , a justice collaborator is a person who participates play a role in the occurrence a act criminal organized and carried out in a way congregation like act criminal corruption . However in matter This position from justice collaborator not is perpetrator main from the occurrence a act criminal corruption . Such a person the can made into source information in the relation with existence suspect and tools other evidence in act criminal corruption that has not been found by investigators . Therefore that , protection maximum law​ very much needed for Justice Collaborator to still guard its consistency in to reveal act criminal corruption . [7]

Arrangement about Justice Collaborator in Action Criminal Corruption

Arrangement about Justice Collaborator in system justice criminal is something something new​ If compared to with practice the law that occurs Because in the Law Book criminal procedure law (KUHAP). The regulation of justice collaborators does not set it up in a way Details about position a justice collaborator in evidence in court . While This is a Circular Letter Supreme Court Number 4 of 2011 number 9 letter a, explains justice collaborator guidelines : “The person concerned is one of perpetrator act criminal certain as meant in the Circular This Supreme Court , acknowledged the crime he committed , not perpetrator main in crime the as well as give information as witness in the judicial process .” [6]

In practice , it is said that definition of justice collaborator no listed in the Criminal Procedure Code, will but Justice Collaborator witnesses often used to complete case detrimental corruption​ state finances . Actually use defendant as witness Already Once used with term witness crown . Crown witness This used For assist the Public Prosecutor in carrying out proof in​ cases where there is very little equipment proof as well as involving more from One perpetrator ( existence of inclusion ). Crown witness That Alone defined as witnesses who come from or taken from one of suspect or Defendant others together​ do action criminal , and in which thing to witness the given crown . Article 1 number 27 of the Criminal Procedure Code, Justice Collaborator as a type testimony so his position still classified as tool proof witness as arranged​ that " information witness is one of the tool proof in case criminal acts in the form of information from witness about a incident the crime he committed hear alone , he experience alone and he Look Alone with to mention his reasons and knowledge that . Based on condition the so if somebody become witness who is also the defendant in case corruption do Work The same with method give testimony For disclosure case corruption Where giver testimony is also involved in it so things about witness as set up through the Criminal Procedure Code binding his testimony .

As for the settings related with Justice Collaborator arranged in Article 1 as following , witness cooperating actors​ is witnesses who are also perpetrator a act criminal willing​ help apparatus enforcer law For to reveal a act criminal or will the occurrence a act criminal For return assets or results a act criminal to the country with give information to apparatus enforcer law , and give testimony in the judicial process . With thus rules about act criminal as well as treatment towards Justice Collaborator is necessary be noticed more in again , so that someone involved​ both Whistleblowers and Justice Collaborators even apparatus police can more free as well as more Good Work in to dismantle a crime organized . So from that , the rule law about Justice Collaborator need set up repeat , remembering SEMA and regulation together Not yet tie in a way wide . There is good his government make Which law contains rules new about things to do they do , solution protection they , as well as award for those who reveal a incident crimes that occur .