JUSTICE COLABORATOR PERSPEKTIF HUKUM POSITIF DAN HUKUM ISLAM

PERLINDUNGAN DAN PERINGANAN HUKUMAN

Abstract

One of the cases in Indonesia involving a justice collaborator is the case of
premeditated murder committed by Ricard Eliezer and Ferdi Sambo's group in 2022. At that time
Ricard played the role of the shooter as well as the witness who exposed the premeditated murder case
involving Ferdi Sambo. Ricard Eliezer is a clear example of the magnitude of the role of the
perpetrator in organized crime to expose the crime by sitting as a witness. In article 10a of Law
Number 31 of 2014 concerning Protection of Witnesses and Victims it is explained that a Justice
Collaborator will receive an award for his testimony. One of them is the leniency of sentencing. Based
on the description above, the writer is interested in analyzing several problems, including: (1) what is
the Islamic Criminal Law analysis of the Justice Collaborator's testimony in article 10a paragraph 3 of
the Law of the Republic of Indonesia Number 31 of 2014 concerning Protection of Witnesses and
Victims, and (2) how is the Criminal Law analysis of criminal leniency for Justice Collaborators in
article 10a paragraph 3 Law of the Republic of Indonesia Number 31 of 2014 concerning Protection of
Witnesses and Victims.
This research is a normative legal research using secondary data consisting of primary legal materials
and secondary legal materials. In its analysis, this research uses descriptive analytical method. With a
normative juridical approach, namely an approach that intends to reorient and evaluate criminal relief
for justice collaborators in the Witness and Victim Protection Act.
The results of this study explain, first, an analysis of Islamic Criminal Law explains that the testimony
of a justice collaborator is very much needed because the emergency needs see the serious impact
resulting from serious and organized crime. Therefore, his existence is permissible as long as the truth
of his testimony can be proven, both the personal truth of the witness and the truth of his statement.
Second, in Criminal Law the award for testimony in the form of criminal relief for justice
collaborators is very appropriate. Because of the importance of the information provided to dismantle
serious and organized criminal acts. Also remembering that the purpose of forgiveness is to maintain
benefit, which means to provide a sense of comfort or happiness for the offender who gets relief or
reduction.