Pengaturan Justice Collaborator Dalam Tindak Pidana Narkotika Di Indonesia Dan Amerika Serikat

Abstract

The issue regarding the justice collaborator is a complex and interesting issue to be discussed in a
conception or legilacy. Is a justice collaborator an offender or not a criminal offender, or is a special award
or protection and punishment needed given the very need for the role of justice collaborator in disclosing an
extraordinary organized crime such as a narcotics crime. Law enforcers often encounter a deadlock to
decide cases involving a justice collaborator because there is no adequate legal instrument to facilitate
legal guarantees to be obtained. The purpose of this paper is: first, the knowledge of justice collaborator
arrangements in narcotics crimes in Indonesia and the United States. Second, knowing the urgency of
justice collaborator arrangements in narcotics crimes in Indonesia. Third, reviewing, encouraging and
providing input to be born an ideal idea of a justice collaborator arrangement in narcotics crime in
Indonesia.
This type of research used in legal research is a normative juridical method. Therefore, a qualitative
measure of analysis is used which relies on the substance with data in drawing conclusions. In drawing
conclusions, the writer uses deductive thinking method, which is a way of thinking that draws a conclusion
from a statement or general proposition into a statement or case of a special nature.
From the results of research and discussion it can be concluded that, First, regulation of justice
collaborators in narcotics crimes in Indonesia is still inadequate, especially in the aspect of institutions
authorized to provide protection to justice collaborator. Second, the urgency of legal protection against
justice collaborators in considering weighing Law Number 13 Year 2006 in conjunction with Law Number
31 Year 2014 concerning Protection of Witnesses and Victims explained that guarantees of protection
against witnesses and victims have an important role in the criminal justice process so that with witness
testimony and victims given freely from fear and threats can reveal a crime. In the provisions of the next
point it is explained that in order to disclose an overall attempt at a criminal offense, especially an
organized transnational crime, it is also necessary to protect witnesses, reporters and experts. Third, the
idea of regulating a justice collaborator in the future of narcotics crimes in Indonesia (ius constituendum) is
oriented to affirmation of the protection institution and the concept of a restorative justice approach.
Keywords: Justice Collaborator-Narcotics Crime