Legal Protection for Whistleblower in Criminal Justice System of Indonesia

DOI

10.2991/aebmr.k.200513.020How to use a DOI?

Keywords

witness, whistleblower, criminal procedure, evidence

Abstract

The witness’s position in the criminal justice process occupies a key position, as seen in Article 184 of the Criminal Procedure Code. As the primary evidence, of course, the impact is felt if, in a case, the witness is not obtained. The importance of the position of witnesses in the criminal justice process has begun since the beginning of the criminal justice process. It must be recognized that the unfolding of cases of violation of the law is mainly based on information from the public. Likewise, in the next process, at the prosecutor’s level until finally in court, witness testimony as the primary evidence becomes the judge’s reference in deciding whether a defendant is guilty or not. However, the protection of Witnesses who are classified as whistleblowers to uncover criminal events that carry a risk of safety is not regulated in the legal system in Indonesia. This study aims to find and design legal norms as a legal basis for the protection of whistleblowers in disclosing their statements. This study uses normative juridical methods based on secondary data using a conceptual approach, philosophical approach, and comparative approach.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Firman Wijaya
PY  - 2020
DA  - 2020/05/20
TI  - Legal Protection for Whistleblower in Criminal Justice System of Indonesia
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 100
EP  - 104
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.020
DO  - 10.2991/aebmr.k.200513.020
ID  - Wijaya2020
ER  -