Implementasi Sema No. 4 Tahun 2011 Terhadap Pemidanaan Saksi Pelaku (Justice Collaborator) Tindak Pidana Korupsi (Analisis Putusan Pengadilan Negeri Nomor 65/Pid.Sus-Tpk/2023/PN.Jkt.Pst dan Putusan Pengadilan Tinggi Nomor 58/Pid.Sus-Tpk/2023/PT Dki)

Abstract

Corruption is categorized as an extraordinary crime because it is carried out systematically, complexly and planned by state officials. As time goes by, ti uncoer cases of criminal acts of corruption, investigators often collaborate with perpetrators who are used as witnesses to provide information and fact regarding the corruption incidents that occurred. Witnesses who know directly and are directly involved in the case and dare to reveal the incident are called Justice Collaborator. The problems of this thesis are how to regulate criminal acts of corruption according to Indonesian criminal law, what is the role of the Justice Collaborator in criminal acts of corruption, how is the punishment of the Justice Collaborator in the Central Jakarta Distrik Court Decision Number 65/Pid.Sus Tpk/2023/Pn.Jkt.Pst and Jakarta High Court Decision Number 58/Pid.Sus Tpk/2023/Pt.Dki from a SEMA perspective number 4 of 2011. This research is descriptive in nature using normative legal research methods with a statutory approach and a case approach, the data used is secondary data through library study data collection techniques with qualitative analysis methods. The results of this research are that criminal acts of corruption are Regulated In The Criminal Code (KUHP), as well as Regulated In Law Number 20 Of 2001 Concerning Amendements To Law Number 31 Of 1999 Concerning The Eradication Of Corruption Crimes. In terms of the role of the Justice Collaborator in disclosing criminal acts of corruption, it is to provide information to law enforcement officials through testimony in the judicial process. Defferences in the judge‟s considerations in sentencing in Decision Number 65.Pid.Sus Tpk/2023/Pn.Jkt.Pst, where the panel of the judges in their considerations rejected the defendant‟s application as a witness to the perpetrator (Justice Collaborator). The panel of judges did not consider that criminal acts of corruption are organized crime, which law enforcers often experience when exposed. Meanwhile, in Decision Number 58/Pid.Sus-Tpk/2023/Pt.Dki, the judge reconsidered the defendant as a Justice Collaborator, where the judge, guided by SEMA regulations, appreciated or rewarded the defendant‟s testimony by giving the defendant a reduced prison sentence.