Jurnal Supremasi Volume 14 Nomor 2 Tahun 2024

Jurnal Supremasi, Volume 14 Nomor 2 Tahun 2024

Jurnal Ilmiah Ilmu Hukum

https://www.carmenthyssenmalaga.org 2088 -1533

e-ISSN: 2527 -3353

52 | P a g e

A MODEL OF LEGAL PROTECTION FOR JUSTICE COLLABORATORS AND WHISTLEBLOWERS IN CORRUPTION CRIMES

Doni Rahmat Aprianto, Lukman Hakim, Muhammad Zulfikar Putra Prawiranegara;

Faculty of Law, Airlangga University;

E-mail: doni.rahmat.aprianto-2021@fh.unair.ac.id, lukman.hakim-2021@fh.unair.ac.id, muhammad.zulfikar.putra-2021@fh.unair.ac.id

Abstrak

Artikel ini berfokus pada analisis dan pengembangan konsep perlindungan hukum bagi justice collaborator dan whistleblower dalam kasus tindak pidana korupsi. Penelitian ini memiliki urgensi mengingat perlindungan terhadap mereka yang berperan penting dalam pengungkapan kejahatan masih belum optimal. Penelitian ini mengidentifikasi celah hukum dalam pengaturan yang ada terkait perlindungan kedua pihak tersebut. Dengan menggunakan pendekatan undang-undang, pendekatan konseptual, dan pendekatan perbandingan hukum, penelitian ini menemukan bahwa perlindungan terhadap justice collaborator dan whistleblower masih menimbulkan masalah hukum. Hasil penelitian merekomendasikan adanya perlindungan yang lebih komprehensif, tidak hanya saat proses hukum berlangsung, tetapi juga setelahnya. Penghargaan kepada mereka dapat berupa tidak dilakukannya penuntutan atau pemberian hukuman yang lebih ringan. Implikasi dari penelitian ini adalah pentingnya reformasi regulasi untuk meningkatkan perlindungan hukum bagi kedua pihak tersebut.

Kata kunci: Justice Collaborator ; Whistleblower ; Tindak Pidana Korupsi.

Abstract

This article focuses on analyzing and developing the legal protection concept for justice collaborators and whistleblowers in corruption cases. The urgency of this research lies in the fact that protection for these key figures in crime disclosure remains insufficient. The study identifies legal gaps in the current regulations concerning their protection. Employing statutory, conceptual, and comparative legal approaches, the research reveals that the existing framework for justice collaborators and whistleblowers still faces legal challenges. The findings recommend a more comprehensive protection system, not only during legal proceedings but also after the sentencing. Rewards for their cooperation could include immunity from prosecution or lighter penalties, such as probationary sentencing. The implications of this study highlight the necessity for regulatory reform to enhance legal protection for both justice collaborators and whistleblowers.

Keywords: Justice Collaborator; Whistleblower; Corruption Crime.

INTRODUCTION

Corruption is an act that can damage the life of the nation and state. The increasingly widespread and systematic criminal acts of corruption are also a violation of the social and economic rights of the people. Corruption is an extraordinary crime, crossing national borders and without boundaries. The problem of corruption that is currently being faced is no longer just a national problem for a country but has become a global problem. This is emphasized in the fourth paragraph of the Preamble to the UN Convention on the 2003 United Nations Convention Against Corruption (UNCAC) that

―convinced that corruption is no longer a local matter but a transnational phenomenon

Jurnal Supremasi , Volume 14 Nomor 2 Tahun 2024

Jurnal Ilmiah Ilmu Hukum

https://www.carmenthyssenmalaga.org 2088 -1533

e-ISSN: 2527 -3353

53 | P a g e that affects all societies and economies, making international corporations to prevent and control it essential‖ .¹

Corruption comes from the Greek word ―corruptio ‖ which means an act that is not good, bad, fraudulent, bribeable, immoral, deviates from sanctity, or violates material, mental, legal, or religious norms. The conditions regarding corruption as an extraordinary crime with inter-professional corruption perpetrators and sophisticated and organized modus operandi are, of course, a big challenge in disclosing and enforcing the law on corruption because it is not uncommon for those caught to be not the main perpetrators. But only the second layer or even executors and even only intermediaries. This means it is common for corruptors seen and proven to be involved in corruption cases as mere accomplices. At the same time, above them, there are still heads who play a large enough role in the practice of corruption or even as big beneficiaries of the proceeds of crime. Obtained. In criminal law, there are 2 (two) purposes of punishment, namely, Special and General Prevention. Special Prevention is the purpose of the law to impact the perpetrators of criminal acts. While General Prevention is an impact that also applies to perpetrators and those who have not committed a crime. ² In Indonesia, corruption is a crime that receives great attention because it is considered to be very detrimental to the state and society. ³

Legal provisions for eradicating criminal acts of corruption are regulated in Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption Crimes. Various efforts have been made to eradicate criminal acts of corruption. Still, it has been realized that efforts to eliminate corruption are more challenging than turning the palm. The problem of corruption is complex and goes hand in hand with generations, even faster growth than the issue of eradication. In the debate on eradicating corruption, lately, the terms Justice collaborator and Whistleblower are often heard as one approach to eliminating criminal acts of corruption. The terms Justice collaborator and Whistleblower are increasingly well known in Indonesia, especially since the emerence of the cases of Agus Condro, Nazarudin, and the Commissioner General of Police Susno Duadji. The terms Justice collaborator and Whistleblower have different meanings, but there are similarities. ⁴

A justice collaborator is a person acting as a witness. The perpetrator who cooperates with the person concerned is one of the perpetrators of a certain crime, admits that the crime committed is not the main actor in the crime, and provides information as a witness

¹Burhanudin, Burhanudin. ―Tindak Pidana Korupsi Sebagai Kejahatan Korporasi.‖ Jurnal Cita Hukum 1, no. 1 (2013). https://www.carmenthyssenmalaga.org Slamet Suhartono, and Ali Ibrohim. ―Analisis Terhadap Sanksi Korporasi Pelaku Dumping Limbah Tanpa Izin Perspektif HAM.‖ 04 (2020).
³Taufik Rachman, and Lucky Raspati. ―Menakar Makna M erugikan Perekonomian Negara dalam Undang-Undang Tipikor.‖ Nagari Law Review 4, no. 2 (2021): 225 –38.
⁴Hikmawati, Puteri. ―Upaya Perlindungan Whistleblower dan Justice Collaborator dalam Tindak Pidana Korupsi.‖ Negara Hukum: Membangun Hukum Untuk Keadilan dan Kesejahteraan 4, no. 1 (2016): 87 –104. https://www.carmenthyssenmalaga.org Supremasi , Volume 14 Nomor 2 Tahun 2024

Jurnal Ilmiah Ilmu Hukum

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e-ISSN: 2527 -3353

54 | P a g e in criminal proceedings. ⁵ In its development, justice collaborators need to get serious attention because they have a key role in disclosing criminal acts of corruption that are difficult for law enforcers to uncover. The key roles possessed by the Justice collaborator include uncovering a crime or the impending occurrence of a crime so that the return of assets from the proceeds of a crime can be achieved to the state, providing information to law enforcement officials, and providing testimony in the judicial process. In addition to Justice collaborators, there is also the term Whistleblower, someone who reports acts that indicate acts of corruption within the organization where he works. He has access to adequate information on the occurrence of indications of acts of corruption. Whistleblowers are also called whistleblowers, trumpet-beaters, or fact-revealers. ⁶ Whistleblower arrangements in Indonesia can be found in Government Regulation Number 43 of 2018 concerning Procedures for Implementing Community Participation and Awarding in the Prevention and Eradication of Corruption Crimes, which mentions the definition of a Whistleblower, namely a person who provides information to law enforcement or commissions regarding the occurrence a criminal act of corruption and not a reporter. These criminal organizations' networks are so strong that their people can dominate various sectors of power, be it the executive, legislative, or judiciary, including law enforcement officials. Not infrequently, a syndicate can be uncovered because one of them is a traitor. One of them acts alone as a Justice collaborator or Whistleblower to reveal their crimes to the public or law enforcement officials. In the context of positive law, the presence of Justice Collaborators and Whistleblowers needs legal protection so that corruption cases can be dismantled on time. But in practice, this condition is not an easy problem because many things need to be studied on how to place Justice Collaborators and Whistleblowers to eradicate corrupt practices because Justice Collaborators and Whistleblowers should receive protection because this has been expressly regulated in Article 33 of the United Nations Convention Against Corruption (UNCAC). The Indonesian nation has ratified this convention through Law Number 7 of 2006 concerning the United Nations Convention Against Corruption Ratification. The Corruption Eradication Commission is obliged to protect reporters and witnesses who cooperate in uncovering a case of corruption. Even though there is currently a witness and victim protection institution, which is regulated in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims, there is still no legal protection. A witness who is also a suspect in the same case cannot be acquitted of criminal prosecution if he is proven legally and convincingly guilty. Still, his testimony can be used as a judge's consideration in

⁵Lilik Mulyadi. Whistleblower dan Justice Collaborator dalam Upaya Penanggulangan Organized Crime .Bandung: PT Alumni, 2015.
⁶Firman Wijaya. Whiste Blower dan Justice Collaborator Dalam Perspektif Hukum . Jakarta: Penaku, 2012.

Jurnal Supremasi , Volume 14 Nomor 2 Tahun 2024

Jurnal Ilmiah Ilmu Hukum

https://www.carmenthyssenmalaga.org 2088 -1533

e-ISSN: 2527 -3353

55 | P a g e mitigating the sentence to be imposed. Several cases show that the legal protection for key witnesses who voluntarily assist relevant law enforcers in uncovering corruption crimes is still very weak. This undermines the public's trust and the government's efforts to encourage citizen participation in fighting corruption. Poor legal protection for reporters and key witnesses can also be a negative note for the seriousness of the Indonesian government to fulfill its commitments as a state party to UNCAC. ⁷

One of the cases related to key witnesses and whistleblowers is the case of Vincentius Amin Susanto, former Financial Controller of Asian Agri Group, who reported allegations of tax evasion at his workplace. The Vincent case is the most interesting because it involved an insider from the party suspected of committing the crime. Unlike the other issues, Vincent was previously named a suspect in the embezzlement of Rp 28 billion belonging to PT Asian Agri Oil and Fats Ltd in Singapore, a subsidiary of the Asian Agri Group. When he became a suspect and a fugitive, Vincent fled to Singapore, and he had planned to commit suicide and finally surrendered to the Singapore police because he felt his safety was being threatened in Indonesia. Furthermore, Vincent turned himself in and reported the alleged tax evasion by Asian Agri, which allegedly caused losses to the state of at least IDR 1.3 trillion. Vincent's conviction for embezzlement of his company's money went so smoothly. Vincent was charged with cumulative charges of money laundering and forging letters. The decision of the West Jakarta State Court, which found Vincent guilty and sentenced her to 11 (eleven) years in prison, was strengthened by the Jakarta High Court. The attack on Vincent was not just one case. Investigators from Polda Metro Jaya intend to charge Vincent with a non-criminal passport forgery, which he committed around October 2006 in Singkawang, West Kalimantan. Furthermore, there is the case of Roni Wijaya, a key witness who contributed to uncovering the Hambalang P3SON project corruption scandal when this press release was issued, he was undergoing the detention process at Cipinang Prison, becoming a defendant and undergoing trial at the South Jakarta District Court. The criminalization of Roni Wijaya occurred even though Roni Wijaya had received legal protection from the KPK. However, investigators at the Directorate of Law Enforcement, the Directorate General of Taxes, the Ministry of Finance, and the Attorney General of the Republic of Indonesia ignored this matter, who said that Roni Wijaya was a witness protected by the KPK because he had good faith in helping the KPK uncover criminal acts of corruption involving PT. Ambassador Citralaras. Not only was the backlash in the form of criminalizing Roni Wijaya also experienced extortion by the prosecutor who handled the Roni Wijaya case, namely on behalf of Martono, S.H., M.H., (Head of the Sub-Directorate for Tax Crimes and Money Laundering Crimes at the Directorate of Prosecution of the Junior Attorney General for Crimes Special Attorney General) and Seremita Purba, S.H., M.H., (Prosecutor at the Attorney General's Office of the Republic of Indonesia). The two

⁷Zhelin Armeta, Nashriana Nashriana, and Suci Flambonita. ―Penerapan Justice Collaborator dalam Penyelesaian Tindak Pidana Korupsi oleh Komisi Pemberantasan Korupsi.‖ Journal Unsri (2021).

Jurnal Supremasi , Volume 14 Nomor 2 Tahun 2024

Jurnal Ilmiah Ilmu Hukum

https://www.carmenthyssenmalaga.org 2088 -1533

e-ISSN: 2527 -3353

56 | P a g e prosecutors blackmailed Roni Wijaya so that the delegation to stage two (the prosecutor's stage) was postponed. ⁸

Then, the case of the defendant Abdul Khoir in the bribery case for the infrastructure project of the Ministry of PUPR in Maluku. The public prosecutor from the KPK initially demanded that the defendant be imprisoned for 2 years and 6 months. Still, the panel of judges sentenced the defendant to a sentence exceeding the prosecutor's demands, namely a prison sentence of 4 years. The investigators have named the defendant Abdul Khoir as a Justice collaborator, and the public prosecutor in his charges has requested that the panel of judges consider the Justice collaborator's determin