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Advances in Social Sciences Research Journal – Vol. 10, No. 8

Publication Date: August 25, 2023

DOI:10.14738/assrj.108.15304.

Saragih, R. (2023). Justice Collaborator in the Perspective of Indonesian Criminal Law. Advances in Social Sciences Research Journal,

10(8). 220-227.

Services for Science and Education – United Kingdom

Justice Collaborator in the Perspective of Indonesian Criminal

Law

Radisman Saragih

Fakultas Hukum Universitas Kristen Indonesia

ABSTARCT

The determination of a justice collaborator is to expose and dismantle these

organized criminal groups. This involves gathering information about the main

actors behind the organized crimes, understanding the structure of these criminal

organizations, and uncovering the activities, flow of funds, and records of these

organized crimes. In this context, a justice collaborator plays a crucial role as a key

to revealing criminal activities. The purpose of this research is to understand the

legal provisions regarding the status of a justice collaborator in providing

testimony in criminal cases and the legal protections afforded to them. Several

references governing the requirements for someone to become a justice

collaborator are outlined in the Supreme Court Circular Letter (SEMA) No. 4 of 2011

concerning treatment for Whistleblowers and Justice Collaborators, as well as Law

No. 13 of 2006 concerning the protection of witnesses and victims, and other

relevant legislation. The role of justice collaborator in assisting law enforcement is

essential. The importance of legal protection for justice collaborators and special

treatment and leniency in punishment becomes crucial to shed light on previously

obscure criminal events. However, there is still no specific, clear, and definitive

regulation regarding the establishment and procedural determination of a justice

collaborator. Rules concerning the protection of justice collaborators should be

detailed and clear since the cooperation of witness perpetrators is vital for the

disclosure of crimes such as corruption, but their testimony can also expose them

to significant risks that must be addressed for their protection.

Keywords : Justice Collaborator, Legal Protection, criminal

INTRODUCTION

The term "justice collaborator" is a relatively new concept in Indonesia. According to Article 37

of the United Nations Convention Against Corruption (UNCAC) of 2003, which Indonesia

ratified through Law No. 7 of 2006, a justice collaborator is someone who provides substantial

cooperation in the investigation or prosecution of a criminal offense. Individuals willing to

become justice collaborators will be designated as both witnesses and perpetrators (witness- perpetrators). The term "justice collaborator" first emerged in the United States in the 1970s

and later spread to several European countries in the 1980s. Over time, justice collaborators

have been extensively utilized to uncover serious crimes, including corruption, terrorism, drug

trafficking, money laundering, financial crimes, and other organized offenses that threaten

social stability and security.

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Saragih, R. (2023). Justice Collaborator in the Perspective of Indonesian Criminal Law. Advances in Social Sciences Research Journal, 10(8). 220-227.

URL: http://dx.doi.org/10.14738/assrj.108.15304

The protection afforded to cooperating witness-perpetrators (justice collaborators) has not

drastically altered the prevailing perception of their existence in this nation. In some cases, the

public's perspective, including that of law enforcement, remains misconstrued regarding

cooperating witness-perpetrators (justice collaborators) (Palekhelu, 2020). The Indonesian

Criminal Code (KUHP) does not clearly regulate the protection of witnesses; it only stipulates

the obligation of a witness to provide testimony, and failure to do so may result in criminal

penalties under Article 224 of the KUHP or fines under Article 522 of the KUHP. Meanwhile, the

Indonesian Criminal Procedure Code (KUHAP), which governs all provisions of criminal

proceedings in Indonesia, is primarily oriented towards protecting offenders. To address this,

various special provisions concerning procedural procedures have been added in the form of

laws for specific criminal offenses.

In the context of justice collaborators, a suspect must be willing to cooperate with law

enforcement voluntarily, rather than under coercion, and should receive protection. This

cooperation benefits law enforcement agencies by revealing the hidden secrets of crimes.

However, in Indonesia, this aspect remains weak. Based on the aforementioned discussion,

legal protection for cooperating witnesses (justice collaborators) and crime reporters

(whistleblowers) presents a legal challenge in Indonesia. The legal protection for cooperating

witnesses is a government obligation that deserves appreciation for their contributions to

cooperating with law enforcement authorities to expose criminals.

Justice collaborators play a vital role in assisting the state and law enforcement agencies by

unveiling all the secrets from the inception of a crime. Through their collaboration with justice,

the state can recover assistance or restitution after the crime has occurred. Hence, it is only

fitting that a justice collaborator receives legal protection from the state. By exposing organized

crimes, the witness consciously takes on the risks associated with revealing crucial facts. It is

not easy to find witnesses willing to testify.

Law serves as the protector of human needs and interests, and it is essential to administer it

professionally. Law enforcement should be carried out in a normal, peaceful, and orderly

manner. Violations of the law must be enforced by law enforcement authorities. The

enforcement of the law requires legal certainty, which provides adequate protection against

arbitrary actions.

METHODOLOGY

This research adopts a normative legal research approach. According to Soerjono Soekanto,

normative legal research is conducted by examining literature or secondary data. It is a process

of discovering legal rules, principles, and legal doctrines to address legal issues (Marzuki,

2007). The normative aspect of this study extends beyond statutory regulations and also

encompasses legal concepts as norms. The research method employed in normative legal

research is the doctrinal-nomological method, which focuses on analyzing the teachings that

govern behavior (Prahassacitta, 2019).

Data collection in this research involves literature review, which entails gathering and

analyzing various legal sources such as legislation, court decisions, academic journals,

reference books, and other relevant documents related to the research topic. This approach

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Advances in Social Sciences Research Journal (ASSRJ) Vol. 10, Issue 8, August-2023

Services for Science and Education – United Kingdom

involves analyzing statutory regulations, court decisions, related documents, and pertinent

legal literature.

DISCUSSION

The Legal Basis of Justice Collaborator in Indonesian Criminal Law

The main legislative references in Indonesia, which govern witnesses including their rights and

protections, are still primarily based on the Criminal Procedure Code (KUHAP) and the

regulations under it. The provisions in KUHAP serve as the umbrella for all criminal procedural

laws in Indonesia, being the first to regulate witnesses and their rights regarding testimonies

relevant to criminal investigations, prosecutions, and trials. According to KUHAP, a witness is

someone who can provide testimony regarding a criminal case based on what they have

personally heard, seen, or experienced.

Furthermore, the Law Number 31 of 2014 on the Protection of Witnesses and Victims provides

protection and assistance to witnesses and victims. This protection entails providing a safe

haven and ensuring that those in need feel secure from surrounding threats.

In addition, the Supreme Court Circular Letter Number 4 of 2011 concerning the Treatment of

Crime Reporters (Whistleblowers) and Witness-Perpetrators (Justice Collaborators) in Specific

Criminal Offenses was formulated due to the increasing number of certain criminal cases where

there were no specific provisions regarding justice collaborators, leaving no legal basis for their

application. This Circular Letter serves as a guide for judges in handling specific criminal cases

such as corruption, money laundering, human trafficking, drug-related offenses, and terrorism,

which are carried out systematically and in an organized manner.

Moreover, the Joint Regulation between Law Enforcement Authorities and the Witness and

Victim Protection Agency (LPSK) on the Protection for Crime Reporters, Witness-Reporters,

and Witness-Perpetrators who Cooperate, aims to align perceptions and views on the

implementation of law enforcement duties in addressing specific organized criminal offenses.

This regulation serves as a guide for law enforcement authorities in cooperating and providing

protection for crime reporters, witness-reporters, and witness-perpetrators involved in

criminal cases.

Legal Protection for Justice Collaborators

Juridically, the definition of justice collaborator is stipulated in Article 1 paragraph (2) of Law

Number 31 of 2014 on the Protection of Witnesses and Victims, stating, "Witness-perpetrator

is a suspect, defendant, or convict who cooperates with law enforcement to disclose a criminal

offense in the same case." Justice collaborator is a term used to refer to an individual who acts

both as a witness and as a perpetrator of a crime.

The regulations concerning the protection of witness-perpetrators (justice collaborator) are

found in Article 10 and Article 10A of Law Number 31 of 2014 on the Protection of Witnesses

and Victims. Article 10 paragraph (1) states as follows:

“Witnesses, victims, witness-perpetrators, and/or reporters shall not be legally

prosecuted, either criminally or civilly, for their testimonies and/or reports that are,