Legal Literacy - This article discusses the definition, role, and legalization of whistleblowers in Indonesia, including legal protection provided to reporters of criminal acts such as corruption and money laundering.
What is Whistleblowing?
According to the National Committee on Governance Policy, whistleblowing is the disclosure of illegal acts, unethical acts, or other acts that are detrimental to the organization or company. The crime is committed by employees or leaders of the organization, and then someone reports or discloses the facts confidentially. In line with this, Peter Bowden defines whistleblowing as disclosures exposed by people inside or outside the organization, which is significant information related to corruption and violations that are in the public interest and not publicly available.
As for whistleblower is the term for someone who has reported an action suspected of being a criminal act in the place where they work. Often, whistleblower have adequate access to information to report actions indicated as criminal acts because basically whistleblower comes from people closest to the perpetrator or “insiders†in the perpetrator's workplace. Therefore, often whistleblower are dubbed as drum beaters, whistleblowers, and fact revealers.Â
Whistleblower play an important role in uncovering various crimes, such as criminal acts of corruption, administrative management fraud, and various crimes that are detrimental to the company's or state's finances. All of that can be revealed with reports from whistleblowers. Furthermore, based on SEMA No. 4 of 2011, the scope of whistleblower This includes certain criminal acts, including corruption, terrorism, narcotics, money laundering, human trafficking, and other organized criminal acts.
As for what distinguishes a whistleblower whistleblower from a regular reporter, namely whistleblower they definitely come from within the organization, while reporters are outsiders who are aware of a criminal act. Furthermore, whistleblower a whistleblower uncovers alleged specific criminal acts, while a reporter is a term for anyone who reports alleged criminal acts regulated by the Criminal Code.Â
Legalization of Whistleblowers in Indonesia
Norms whistleblower in Article 10 Paragraph 1 of Law No. 31 of 2014 Jo 13 of 2006 concerning the Protection of Witnesses and Victims as follows:
Witnesses, victims, perpetrators who are witnesses, and/or reporters cannot be prosecuted legally, either criminally or civilly, for the testimony and/or reports that will be, are being, or have been given, unless the testimony or report is given in bad faith.
Norms whistleblower in Article 41 Paragraph 2 of Law No. 31 of 1999 Jo Law No. 20 of 2001 concerning the Eradication of Corruption as follows:
- the right to seek, obtain, and provide information related to the alleged occurrence of corruption
- the right to obtain services in seeking, obtaining, and providing information on the alleged occurrence of corruption to law enforcement officials handling corruption cases
- the right to convey suggestions and opinions responsibly to law enforcement officials handling corruption cases
- the right to obtain answers to questions about their report given to law enforcement officials within a maximum of 30 (thirty) days
- the right to obtain legal protection in the event of the following:
- exercising their rights as referred to in letters a, b, and c
- being requested to be present in the process of investigation, inquiry, and trial in court as a reporting witness, witness, or expert witness, in accordance with the provisions of applicable laws and regulations
- the public as referred to in paragraph (1) has the right and responsibility in efforts to prevent the eradication of corruptionÂ
- the rights and responsibilities as referred to in paragraph (2) and paragraph (3) are carried out by adhering to the principles or provisions regulated in applicable laws and regulations and by obeying religious norms and other social norms
- the provisions regarding the procedures for implementing community participation in the prevention and eradication of corruption as referred to in this Article are further regulated by Government Regulation.
Norms whistleblower in Article 2 Paragraph 1 of Government Regulation No. 71 of 2000 concerning Procedures for Implementing Public Participation and Granting Awards in the Prevention and Eradication of Corruption, as follows:
Every person, community organization, or non-governmental organization has the right to seek, obtain, and provide information on the alleged occurrence of criminal acts of corruption and to submit suggestions and opinions to law enforcement officials and/or the Commission regarding corruption cases.
Norms whistleblower in Article 5 of Government Regulation No. 57 of 2003 concerning Procedures for Special Protection for Reporters and Witnesses in Money Laundering Crimes (TPPU), as follows:
- protection of the personal safety and/or family of reporters and witnesses from physical or mental threats
- protection of the property of reporters and witnesses
- confidentiality and disguise of the identity of reporters and witnesses, and/or providing information without face-to-face contact with the suspect or defendant at every level of case examination
Norms whistleblower in Article 4 of Government Regulation No. 02 of 2002 concerning Procedures for the Protection of Victims and Witnesses in gross violations of Human Rights, as follows:
The protection referred to in Article 2 includes:
- Protection of the personal safety of victims or witnesses from physical and mental threats
- Confidentiality of the identity of victims or witnesses;
- Providing information during examination in court without face-to-face contact with the suspect
Norms whistleblower in Article 3 of Government Regulation No. 24 of 2003 concerning Procedures for the Protection of Witnesses, Investigation, Public Prosecution, and Judges in Cases of Terrorism, as follows:
The protection referred to in Article 2 is carried out by law enforcement and security apparatus in the form of:
- Protection of personal safety from physical and mental threats
- confidentiality of witness identity
- providing information during examination in court without face-to-face contact with the suspect
Norms whistleblower in Article 33 of Law No. 7 of 2006 concerning Ratification of the United Nations Convention Against Corruption 2003, as follows:
Each state party shall consider the possibility, in accordance with the fundamental principles of its domestic law, "to grant immunity from prosecution" to persons who provide substantial cooperation in the investigation or prosecution of an offence (whistleblower) stipulated in this convention.
Comments (0)
Write a comment