URGENSI PENGATURAN JUSTICE COLLABORATOR DALAM HUKUM PIDANA INDONESIA
Abstract
The position of the witness is very important in a judicial process, because the witness has
information based on what he saw and experienced to facilitate the proof of the wrongdoing of the suspect
and the defendant. The regulation of Justice Collaborator is something new in Indonesia. Justice
Collaborator is a witness, who is also a perpetrator, but wants to cooperate with law enforcement in order
to dismantle a case and even return the assets resulting from the crime of corruption if the asset is in them.
In Indonesia's positive law, the existence of justice collaborator has not yet been given a comprehensive
arrangement, so that the existence of Justice Collaborator is responded to differently by law enforcement.
The appointment of a suspect as a Justice Collaborator is expected to assist law enforcement in exposing
larger crimes or other perpetrators who should be held responsible. On the other hand, the establishment of
a Justice Collaborator will avoid a suspect or defendant in a corruption case from the most severe criminal
threat. Based on the description, the problem can be formulated as follows: First, how the Justice
Collaborator is regulated in Indonesian criminal law. Second, what is the idea of setting up a Justice
Collaborator in Indonesian criminal law.
This type of research can be classified in the type of normative research, namely research on
comparative law. This study uses secondary data sources consisting of primary legal materials, secondary
legal materials and tertiary legal materials, data collection techniques in this study with literature studies.
From the results of the research problem there are two main things that can be concluded. First, the
regulation in criminal law against Justice Collaborator is spread through several regulations. But from the
existing regulations there is no guarantee of legal certainty against the Justice Collaborator. Secondly, the
idea of organizing witnesses for collaborating perpetrators (Justice Collaborator) in criminal law is very
urgent. This urgency is caused because the Criminal Procedure Code (KUHAP) has not yet regulated the
Justice Collaborator.
Keywords: Justice Collaborator, Corruption, Legal Reform
information based on what he saw and experienced to facilitate the proof of the wrongdoing of the suspect
and the defendant. The regulation of Justice Collaborator is something new in Indonesia. Justice
Collaborator is a witness, who is also a perpetrator, but wants to cooperate with law enforcement in order
to dismantle a case and even return the assets resulting from the crime of corruption if the asset is in them.
In Indonesia's positive law, the existence of justice collaborator has not yet been given a comprehensive
arrangement, so that the existence of Justice Collaborator is responded to differently by law enforcement.
The appointment of a suspect as a Justice Collaborator is expected to assist law enforcement in exposing
larger crimes or other perpetrators who should be held responsible. On the other hand, the establishment of
a Justice Collaborator will avoid a suspect or defendant in a corruption case from the most severe criminal
threat. Based on the description, the problem can be formulated as follows: First, how the Justice
Collaborator is regulated in Indonesian criminal law. Second, what is the idea of setting up a Justice
Collaborator in Indonesian criminal law.
This type of research can be classified in the type of normative research, namely research on
comparative law. This study uses secondary data sources consisting of primary legal materials, secondary
legal materials and tertiary legal materials, data collection techniques in this study with literature studies.
From the results of the research problem there are two main things that can be concluded. First, the
regulation in criminal law against Justice Collaborator is spread through several regulations. But from the
existing regulations there is no guarantee of legal certainty against the Justice Collaborator. Secondly, the
idea of organizing witnesses for collaborating perpetrators (Justice Collaborator) in criminal law is very
urgent. This urgency is caused because the Criminal Procedure Code (KUHAP) has not yet regulated the
Justice Collaborator.
Keywords: Justice Collaborator, Corruption, Legal Reform
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