Hambatan peran perlindungan saksi tindak pidana korupsi

SINAGA, Rido Luhut, Prof.Dr. Bambang Poernomo, SH

2007 | Tesis | S2 Ilmu Hukum

The purpose of the research are to find out and understanding the participation of the community in destroying the corruption and the obstacles that being faced by the corruption cases’ witnesses, also to find out and understanding the role and standardization process in giving protection to any corruption cases’ witnesses and also the obstacles than being faced by the State’s Institutions in giving the protection to the witnesses and also the rapporteur in giving his report or testimony infront of the court. The research method that used in this thesis is the empirical legal research, which is a research that recited the behavior of a legal community (law in action). Based on the analysis that had been done by the writer, there is no standard for witnesses’ protection’s procedure and that caused a different procedure for the formal affirmative institutions. There is no regulation implementation and no institutions were formed to give protections and other rights to the witness and/or the victim like what has been regulate in Act Number 13 Year 2006 and that caused the protection that being given is not in it is maximum protection. On the other hand, the rights that being given by the Act can not be carried out totally if we take a look at this country’s financial condition. As a developing country, Indonesia whether it is directly or indirectly should adopt any independent protection forms that given to the witnesses and victims like what is being given by the USA’s Witnesses protection’s institution. That is why it is important to form a standard procedure in giving protection for witnesses and victims and immediately formed the witnesses and victims’ protection’s institution. The protection of the witness will be more effective if it is being supported by fun, structure and infrastructure also the development of the human resources of the legal affirmative institutions. Indonesia needs to cooperate or exchange any experiences and thought with the developed countries.

Kata Kunci : Hukum Pidana,Tindak Pidana Korupsi,Perlindungan Saksi, Corruption, Witnesses, Adoption, Protection institution