PERLINDUNGAN HUKUM TERHADAP PENGUNGKAP FAKTA (WHISTLEBLOWER) DALAM HUKUM POSITIF DI INDONESIA
Abstract
Legal protection is a form of service that must be provided by the government to
provide a sense of security to every member of society as well as to whistleblowers.
Whistleblowers have a big risk when disclosing a crime, such as threats in the form of terror,
loss of life, and are likely to harm themselves related to the information they provide which
leads to defamation and back-reporting. In positive law in Indonesia, it does not specifically
regulate the protection of whistleblowers, the regulations are implicitly contained in Law
Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 31 of 2014
concerning Amendments to Law Number 13 of 2006 concerning Protection Witnesses and
Victims, followed by Circular Letter of the Supreme Court (SEMA) Number 4 of 2011
concerning the Treatment of Whistleblowers and Offender Witnesses who collaborate
(Justice Collaboration) in Certain Criminal Acts. Even though it has been regulated in
several laws and regulations, this does not guarantee protection for whistleblowers in
disclosing criminal acts that they know about without fear of retaliation against both
themselves and their families.
This study uses a normative juridical approach to find legal norms and norms that
constitute criminal law policy in formulating whistleblower protection, using secondary data
as a data source. Methods of data collection in a normative juridical approach in this study
using literature study techniques. The purpose of this study is to determine the guarantee of
legal protection against whistleblowers, to know the weaknesses of legal protection
guarantees against whistleblowers, and to know the idea of legal protection for
whistleblowers in positive law in Indonesia.
From this research it can be concluded that the guarantee of protection against
whistleblowers is still lacking due to criminalization or back reporting of whistleblowers.
There are no specific regulations governing the protection of whistleblowers where the
regulations are still concise, partial, sectoral and scattered in several regulations. The
number of institutions that regulate the receipt of reports from a whistleblower with the
respective potentials of authority will cause their own problems. Therefore, there is a need
for renewal of legal substance, renewal of legal and institutional structures in legal
protection for whistleblowers.
Keywords : Guarantee - Legal Protection - Whistleblower
provide a sense of security to every member of society as well as to whistleblowers.
Whistleblowers have a big risk when disclosing a crime, such as threats in the form of terror,
loss of life, and are likely to harm themselves related to the information they provide which
leads to defamation and back-reporting. In positive law in Indonesia, it does not specifically
regulate the protection of whistleblowers, the regulations are implicitly contained in Law
Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 31 of 2014
concerning Amendments to Law Number 13 of 2006 concerning Protection Witnesses and
Victims, followed by Circular Letter of the Supreme Court (SEMA) Number 4 of 2011
concerning the Treatment of Whistleblowers and Offender Witnesses who collaborate
(Justice Collaboration) in Certain Criminal Acts. Even though it has been regulated in
several laws and regulations, this does not guarantee protection for whistleblowers in
disclosing criminal acts that they know about without fear of retaliation against both
themselves and their families.
This study uses a normative juridical approach to find legal norms and norms that
constitute criminal law policy in formulating whistleblower protection, using secondary data
as a data source. Methods of data collection in a normative juridical approach in this study
using literature study techniques. The purpose of this study is to determine the guarantee of
legal protection against whistleblowers, to know the weaknesses of legal protection
guarantees against whistleblowers, and to know the idea of legal protection for
whistleblowers in positive law in Indonesia.
From this research it can be concluded that the guarantee of protection against
whistleblowers is still lacking due to criminalization or back reporting of whistleblowers.
There are no specific regulations governing the protection of whistleblowers where the
regulations are still concise, partial, sectoral and scattered in several regulations. The
number of institutions that regulate the receipt of reports from a whistleblower with the
respective potentials of authority will cause their own problems. Therefore, there is a need
for renewal of legal substance, renewal of legal and institutional structures in legal
protection for whistleblowers.
Keywords : Guarantee - Legal Protection - Whistleblower
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