Previously, the www.hukumindo.com platform has talk about "Contoh Surat Permohonan Perwalian Secara Mandiri", "Contoh Surat Pernyataan Justice Collaborator", "Halimun Mountain Management Admits Illegal Mining Has Been Exist for a Long Time", "Pig Butchering Fraud Targets Android and iPhone Users", "Unique Case, Accounts of Bird Sellers in Madura Blocked by the Corruption Eradication Commission (KPK)" you may read also "The New Criminal Code Has Been Passed As Law, Will Be Effective 3 Years Later" and on this occasion we will discuss about 'What is a Justice Collaborator, Terms and Rights?'.
The term 'justice collaborator' has been widely discussed in the murder case of Brigadier J or Nofriansyah Yosua Hutabarat. In this case, Bharada Richard Eliezer or Bharada E submitted his application as a 'justice collaborator' to the Witness and Victim Protection Agency (LPSK). Elizer's request for justice collaborator status was granted by the judge at the sentencing hearing of the case. This affected Eliezer's sentence to be lighter, namely 1 year and 6 months. He was initially charged to 12 years in prison.
Legal Terminology of Justice Collaborator
What is a justice collaborator? Based on the book 'Whistleblower Legal Protection & Justice Collaboration Organized Crime' by Lilik Mulyadi, justice collaborators are also known as witnesses to perpetrators who work together. A justice collaborator is one of the perpetrators of a certain crime who admits to the crime he committed, is not the main actor in the crime, and provides information as a witness in the judicial process. Justice collaborator status is given to one of the perpetrators who wants to testify in court for the crime he has committed. However, he is not the main actor.
Terms of Justice Collaborators
Quoting from the Supreme Court Circular Letter (SEMA) No. 4 of 2011, a criminal who wishes to submit himself as a 'justice collaborator' must meet the following requirements:
- The criminal acts uncovered by the justice collaborator are serious crimes, such as corruption, terrorism, narcotics, money laundering, trafficking in persons, and other organized crimes that pose a threat to the stability and security of society.
- The person is one of the perpetrators of a certain crime who admits to the crime he committed but is not the main actor in the crime.
- The person is willing to testify as a witness in the judicial process.
- The public prosecutor (JPU) stated that the person provided very significant information and evidence so that investigators and/or public prosecutors could reveal the crime in question effectively, reveal other actors who had a bigger role in the crime, and return assets/proceeds a crime.
Rights of a Justice Collaborator
As a witness to a perpetrator who knows and reports a crime, a justice collaborator has rights in court. These rights will both protect and benefit him when testifying before a trial judge. The following rights will be received by a justice collaborator:
- Witnesses can obtain relief from the judge in the form of being sentenced to special conditional probation and/or the lightest prison sentence among the other defendants who have been proven guilty.
- The judge is obliged to consider the sense of justice of the community in granting relief to the witnesses of the perpetrators.
- The head of the court gives the cases revealed by the witness to the perpetrator to the same assembly if possible and the trial takes precedence.
- Witnesses cannot be prosecuted legally, either criminally or civilly, for the testimony that they will present, are currently or have given.
- Witnesses who have been proven legally guilty cannot be released from criminal charges even though they will receive relief.
- Reports from justice collaborators will take precedence even if they are reported back by the reported party.
- Justice collaborators are entitled to a form of personal, family and property security protection for the cases they report.
- The treatment witness has the right to receive special treatment in the form of prison separation from other perpetrators, filing cases separately, delaying prosecution and legal proceedings against him, and giving witnesses at trial without showing their identity.
- Prisoners who become justice collaborators are entitled to additional remissions and the rights of other convicts in accordance with applicable regulations.
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*) For further information please contact:
Mahmud Kusuma Advocate
Jakarta - Indonesia.
1. "Apa Itu Justice Collaborator, Syarat, dan Hak-haknya?", www.kompas.com., Diakses pada tanggal 28 Februari 2023, Link: https://www.kompas.com/tren/read/2023/02/18/180000265/apa-itu-justice-collaborator-syarat-dan-hak-haknya-?page=all