Melawan Korupsi di Indonesia : Emergensi Kebijakan Perlindungan HAM Pada Whistleblower

Abstract

Efforts that can be implemented to overcome corruption is to report acts of corruption. But often the reporters of these acts become polemic, because there are reporting witnesses who always receive threats, are charged with becoming suspects, etc. Reporting acts of corruption is an effort that can be made to overcome corruption. However, reporters often face polemics and threats, including being charged as suspects. Therefore, protection of human rights for whistleblowers is very important in law enforcement. Whistleblowers are individuals who report violations of the law internally or externally, such as through the mass media or public monitoring institutions. However, they often do not receive adequate appreciation, support and protection. The presence of witnesses is very important in the criminal justice process, and the terms whistleblower and justice collaborator have become common in the handling of acts of corruption. The protection given to whistleblowers can be in the form of priority prosecution of reported cases, financial rewards equivalent to state losses that were saved thanks to their testimony, and optimizing policies in Law Number 13 of 2006 through revisions that clarify the meaning and provisions related to whistleblowers. Article 10 of Law no. 13/2006 is still ambiguous and needs to be revised to provide clear and firm protection for whistleblowers, as explained in SEMA No. 4/2011. It is recommended that the provisions regarding whistleblowers and justice collaborators be revised in a specific way to protect the rights of whistleblowers without contradiction. Thus, the implementation of whistleblower protection can be more detailed and clear.