Revista de Asuntos Legales, Éticos y Regulatorios

1544-0044

Abstracto

Disclose Criminal Information: Reward and Punishment for Whistleblowers and Justice Collaborators

Rahmi Yunita, Mahrus Ali, F. Aji Samekto, Pujiyono

Whistleblowers are persons that directly witness crimes and disclose the information to the public or law enforcement officials. However, in some cases, they decide to remain silent because the existing legal system does not provide adequate protection. There might be possible risks or harms for persons who disclose criminal cases for public authority. This must be followed by an adequate legal protection. The law also provides legal safeguard for them who give false testimony on certain persons or cases. This paper was conducted to examine legal provisions on reward and punishment for whistleblower and justice collaborator in Indonesia and propose the better adequate protection. This study is normative legal research using statute and conceptual approach, while data is analyzed qualitatively. The research finding revealed that existing legal norms for whistleblowers and justice collaborators are still inadequate due to its inability to motivate a person to report criminal cases to law enforcement officials. Therefore, they should get balanced treatment both in rewards and punishment to stir the cases and to prevent falsified testimony before a court that causes adverse impact to others’ rights.