Perlindungan Hukum Terhadap Whistleblower Dalam Kebijakai\ Hukum Pidana (Studi Atas Undang-undang Nomor 3l Tahun 2014 Tentang Perubahan Atas Undang Undang Nomor 13 Tahun 2006 Tentang Perlindungan Saksi dan Korban)
Abstract
In Indonesia, the presence of the witness protection legislation, is a happy thing to
witness, given the number of complaints regarding the need and importance of witness
protection. Law No.13 of 2006 on Witness and Victim Protection force after its invited on
August 11, 2006 64 The State Gazette of the Republic of Indonesia. This Act is a lex
specialist (special provisions) governing the legal protection for witnesses and / or victims
who are born as a response to enhance the criminal justice process where the position of
witnesses and victims in the criminal justice system in Indonesia has not received a
guarantee by law and the protection of rights -haknya adequate in the judicial process that
is running.
But in its development, the law still contains many weaknesses, one of which is the
absence of clear and strict regulation of the Whistleblower, which the whistleblower has a
very important role to facilitate the disclosure of criminal offenses. Therefore, it recently
emerged encouragement from various parties to revise this law, so that in the end was
revised by Law No. 13 Year 2014. Based on this background, then the author tries to
analyze the legal protection of the Whistleblower Act No. 13 of 2014 on the policy aspects
of the formulation (formulatif).
This research was conducted using the method of legislation and philosophical
approach. Since this research is a normative legal research, the use of legal materials
consisting of primary legal materials, secondary, and tertiary qualitative data analysis,
comprehensive and lengkap.Sedangkan legal materials collection techniques using
document study.
The results of this study indicate that the policy formulation of legal protection
against the Whistleblower Act is not yet fully accommodated in accordance with the
principles of legal protection, namely where a person who has been designated as the
Whistleblower still will be subject to criminal penalties if involved in a criminal offense-
reporting, although lawsuits was postponed until the reported cases have been settled court
and obtained permanent legal force, it still does not provide legal certainty to the
Whistleblower. The rights granted to the Whistleblower Act is not comprehensive for all
criminal offenses but only for certain criminal offenses.
Collections
- Master of Law [1445]