LEGAL PROTECTION FOR JUSTICE COLLABORATOR IN INDONESIA: CRIMINAL JUSTICE SYSTEM AND HUMAN RIGHTS PERSPECTIVE Didi Sunardi, Oliver, Endra Wijaya
Faculty of Law, Universitas Pancasila, Jakarta
Abstract
In the context of criminal law system, the issue of protecting human rights is always interesting to observe. Not only for victim, it is also important to guarantee and provide human rights protection to suspect/defendant. Moreover, if the suspect/defendant has the status of a justice collaborator. Justice collaborator has an important role in the criminal law system in Indonesia, and even in several criminal cases that have attracted public attention, justice collaborator has become key actor who has succeeded in uncovering the criminal cases that occurred. Therefore, maximum protection for justice collaborator is a very important thing to strive for. In the Indonesian criminal law system, several regulations regarding justice collaborator have been made by law makers, but in practice several obstacles are still found. Based on that background, this study will then discuss the following research question: what are the dynamics of legal protection for justice collaborator in Indonesia? And how is justice collaborator protection from the view of human rights perspective? This study uses the doctrinal legal research methods that relies on secondary data in the form of relevant legal materials. Data are analyzed qualitatively using statutory and conceptual approaches. This study concludes that justice collaborator has indeed been regulated in many laws and regulations in Indonesia, but in terms of substance and institutions there are still several weaknesses. From the human rights perspective, protection of justice collaborator is a form of protection from the state for all citizens without discrimination, even though they are in the position of a suspect/accused (equality before the law principle). And for victim, protection for justice collaborator can be meaningful as a further effort to completely uncover the case to find the parties who are legally responsible.
Keywords: Criminal Justice System- Equality Before the Law- Legal Protection
