By: Dimas Permana)*
The efforts of the government and the Indonesian House of Representatives to strengthen legal protection for justice collaborators through the Draft Law on the Criminal Procedure Code (RUU KUHAP) mark important progress in the reform of the national criminal justice system. This step not only reflects changes in legal norms, but also affirms the role of the state in creating a legal climate that supports substantive justice. In the context of modern law enforcement, protection of cooperating witnesses is a strategic aspect in uncovering complex and organized crime networks.
Protection of justice collaborators in the draft of the Criminal Procedure Code Bill is explicitly regulated in Article 69. This is a formal legal recognition of the important role of witnesses in the process of proving serious crimes such as corruption, terrorism, and drug trafficking. In a justice system that still faces challenges of limited evidence and the dominance of hierarchical structures in organized crime, the existence of justice collaborators is a middle ground that bridges the interests of law enforcement and the protection of individual rights.
Chairman of Commission III of the Indonesian House of Representatives, Habiburokhman, stated that the provision is part of a new paradigm that not only emphasizes the effectiveness of law enforcement, but also upholds human rights values. This affirmation is important to show that legal reform is not just about changing the text, but more about shifting the perspective on justice itself.
The Criminal Procedure Code Bill currently being discussed by Commission III of the DPR will also strengthen Government Regulation Number 24 of 2025 which has been signed by President Prabowo Subianto. The regulation is a normative basis for awarding awards to cooperative witnesses. Positive consequences in the form of reduced sentences to parole become a legal stimulus that encourages openness and a willingness to cooperate. In the long term, this scheme has the potential to accelerate the process of proving cases and minimize the risk of failure in disclosing major cases.
Habiburokhman added that the protection of witnesses to perpetrators has a strong basis in Indonesian legal practice, including in the jurisprudence of the Supreme Court, the MA Circular, and several sectoral laws. The existence of these various legal norms shows that the role of justice collaborators is not a new concept, but has only now been comprehensively strengthened through the main regulation of the national criminal procedure system.
The affirmation of protection in the Criminal Procedure Code Bill also addresses the weaknesses that have been faced by perpetrator witnesses. Many major cases cannot be fully revealed because of the perpetrator witnesses’ fear of retaliation from the main perpetrator or the unclear legal rewards for their willingness to cooperate. In such conditions, without a guarantee of comprehensive protection, the courage to speak becomes a rare commodity. The Criminal Procedure Code Bill offers a direction that is more guaranteed and provides certainty.
The importance of justice collaborators as an instrument of law enforcement has also become a global practice. In various countries, similar models have been applied to break up transnational crimes such as drug cartels, cross-border corruption, and financial crimes. Indonesia is moving towards a more strategic and adaptive criminal justice system to the dynamics of modern crime, and this step confirms Indonesia’s position in the global flow.
Habiburokhman also emphasized that the discussion of the Criminal Procedure Code Bill was carried out inclusively, taking into account input from various stakeholders and based on the spirit of legal reform. Inclusivity in the legislative process is a guarantee that the resulting regulations are not elitist, but responsive to the needs of society and contemporary legal challenges.
On the other hand, the approach to justice collaborators shows that the state is not merely present as an institution that punishes, but also as an entity that provides space for legal reconciliation. Criminals who are willing to cooperate are recognized for their contribution in revealing a greater truth. This reflects justice that is corrective and rehabilitative, not merely retributive.
In practice, the implementation of the justice collaborator concept must remain strictly monitored to avoid potential abuse. The criteria for cooperation, significant contributions, and the truth of testimony must be carefully tested so that they are not used by certain parties to obtain legal benefits without a strong basis. However, with a good evaluation mechanism, the positive potential of this scheme is much greater than the risks.
Legal clarity and protection of witnesses are important elements in building trust in the justice system. In an increasingly law-conscious society, the legitimacy of the judicial process is determined not only by the final outcome, but also by fair procedures and balanced treatment of all parties. The Criminal Procedure Code Bill is an important tool in building a system that guarantees both of these aspects.
The government and the DPR have taken strategic steps through the RUU KUHAP by giving an honorable place to justice collaborators. This is an important foundation towards a more modern, fair, and substance-oriented justice system, not merely legal formalities. With this approach, efforts to eradicate serious crimes can be more effective, and at the same time, public trust in the law can be significantly strengthened.
)* The author is a Law and Public Policy Activist
