Policy Reconstruction towards Justice Collaborator Determination of Corruption Cases based on Legal Certainty and Benefits Aspects

Abstract

One of the problems that sometimes arises in the law enforcement process in the eradication of corruption crimes is the problem related to determining the status as a witness for cooperating perpetrators or justice collaborators in solving a corruption case. The existence of several problems stemming from the inequality of understanding or not having unification of policies in determining the status of the perpetrator as a cooperating perpetrator witness or justice collaborator along with the benefits arising from the determination of the cooperating perpetrator witness or justice collaborator certainly creates legal uncertainty and also does not provide benefits or utility for the party who is determined as a cooperating perpetrator witness or justice collaborator. The reconstruction of the policy of establishing appropriate legal norms aims to regulate the recognition or recognition and understanding or perception of the same legally regarding the determination of the status of cooperating perpetrator witnesses or justice collaborators that apply from the examination stage at the investigation level to the examination stage at the court level even up to the implementation of its execution in order to create the principle of legal certainty for the Defendant who is designated as cooperating perpetrator witnesses or justice collaborators.

Legal Reconstruction in Determining a Justice Collaborator in Corruption Crime Cases in Indonesia

“…The defendant gives his statement as a witness in another case in the judicial process; e) The defendant provides significant information and evidence and can help investigators and the public prosecutor to be able to uncover the crime effectively, including to be able to reveal other perpetrators who have a more significant and more valuable role and can also help in the process return of assets obtained from the proceeds of criminal acts; Witness Perpetrator does not can be legally prosecuted both criminally and civilly for the information he has provided unless the information provided is not based on good faith; b) If there is a legal claim against the Perpetrator Witness for information or testimony that will be or is being or has been given by him, the legal claim must be postponed until the court has decided the information or testimony he has given and has obtained permanent legal force (Lintang & Nugroho, 2021; Setiyono et al, 2023). In this Law, the rules relating to cooperating witnesses or justice collaborators are also regulated in the provisions of Article 10, paragraph (2) of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims.…”

“…The existence of a clear and firm definition will certainly provide certainty regarding the limitations and criteria used by law enforcement officials or institutions in assessing perpetrators who can be declared as cooperating witnesses or justice collaborators; f. The absence of a comprehensive, clear, and firm definition also has an impact on the diversity or lack of unification of definitions which will serve as a guide or reference for other regulations, both in the form of laws and regulations under the law; g. There is desynchronization and disharmonization of the rules governing technical criteria used as joint guidelines between law enforcers, including the courts, to determine the status of a suspect or defendant as a cooperating witness or justice collaborator. Therefore, based on the principle of certainty, ideally, a separate legal norm must be formed that regulates uniformity and standardization of criteria that can be used as a standard guideline to determine someone with the status of a suspect or defendant as a cooperating witness or justice collaborator (Setiyono et al, 2023).…”

“…This expectation is in line with the principle of legal certainty that a person who is designated as a witness to a perpetrator who cooperates from the beginning of the investigation process must be acknowledged and recognized for his or her status as a witness to a perpetrator who cooperates up to the court level and also during the process of executing the court decision; d. Make regulations that strictly regulate the special rights for witnesses to perpetrators who cooperate in serving their sentences in correctional institutions. In addition to these special rights, cooperating perpetrator witnesses have the right to obtain remission and parole without being required to fulfill requirements that may cause difficulties or obstacles for them (Khoirunnisa & Jubaidi, 2023;Setiyono et al, 2023). The aim of the policy reconstruction for the formation of appropriate legal norms is to ensure that recognition or recognition, as well as the same legal understanding or perception regarding the status of cooperating witnesses or justice collaborators, applies from the investigation stage to the examination stage at the court level, even to the execution process to provide the principle of legal certainty for the Defendant: a.…”