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International Journal of
Law
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VOL. 5, ISSUE 5 (2019)
Law protection on witnesses and reporting witnesses in corruption criminal measures in Indonesia
Authors
Theo Mangaraja, Teguh Prasetyo, Sri Endah Wahyuningsih
Abstract
The acquisition of witness rights contained in the criminal justice system, namely the existence of justice, protection, and respect for human dignity and dignity, has not been fulfilled so far. The purpose of the study is to find and analyze the Principles of Protection Arrangements for Witnesses and Reporting Witnesses in Indonesia in Current Corruption Crimes, to analyze the Weaknesses of Protection of Witnesses and Reporting Witnesses in Indonesia in Current Corruption Crimes, to reconstruct the Protection of Witnesses and Reporting Witnesses in Indonesia in Dignity-Based Corruption Justice. Research are done using constructivism paradigm with sociological juridical law approach. Research data sources consist of primary data sources and secondary data sources, qualitative descriptive analysis. The findings of the principle of regulating the protection of witnesses and reporting witnesses in criminal acts of corruption in Indonesia currently indicate that several cases involving alleged corruption, for example, have threatened and threatened a number of people who will be witnesses, or have provided information regarding the case. The weakness of the legal substance, that the existence of the Witness Protection Act is not limited to protecting witnesses, but rather to increase effectiveness in law enforcement, especially the resolution of cases of human rights violations and corruption cases. Weaknesses in the legal structure, that there are a number of bureaucratic processes that witnesses must go through to obtain protection. The weakness of the legal culture, that in terms of morals and ethics of criminal acts of corruption can assess that the condition of Indonesia is now very sad by looking at the increasingly widespread practice of corruption. Reconstruction of the value, that the role of law enforcement officials is required in working together to provide legal protection for reporting witnesses for the creation of law enforcement and justice, with the existence of legal protection against reporting witnesses, especially in granting witness rights. Furthermore, it is necessary to reconstruct the sound of Article 5 paragraph (3) of the Law of the Republic of Indonesia Number 31 of 2014. The resulting theory is Theory of Legal Protection against Witnesses and Dignified Reporting Witnesses. The basic thoughts in the meaning of the resulting theory are able to provide fair benefits to Witnesses and Reporting Witnesses in Corruption.
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Pages:199-202
How to cite this article:
Theo Mangaraja, Teguh Prasetyo, Sri Endah Wahyuningsih "Law protection on witnesses and reporting witnesses in corruption criminal measures in Indonesia". International Journal of Law, Vol 5, Issue 5, 2019, Pages 199-202
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