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.