Husna Amelia, Aji Mulyana, Mia Amalia

Optimalisasi Perlindungan Hukum bagi Whistleblower dalam Tindak Pidana Korupsi di Indonesia: Analisis Kelemahan Regulasi dan Implikasi Praktis

Introduction

Optimalisasi perlindungan hukum bagi whistleblower dalam tindak pidana korupsi di indonesia: analisis kelemahan regulasi dan implikasi praktis. Optimalisasi perlindungan whistleblower dalam korupsi di Indonesia. Analisis mengungkap kelemahan regulasi & implikasi praktis, serta mengusulkan reformasi komprehensif untuk perlindungan efektif.

Abstract

This research aims to analyze the regulatory weaknesses and practical implications of legal protection for whistleblowers in Indonesian corruption cases. Its primary focus is to evaluate the effectiveness of the existing legal framework, particularly concerning overlapping authority among state institutions. Using a juridical-empirical (socio-legal) approach, this study combines a normative legal analysis of statutes with an in-depth case study of 47 corruption reports filed between 2018 and 2023 to assess its practical implementation. The findings reveal that legal protection remains highly inadequate. Regulatory overlaps between the Witness and Victim Protection Law (UU PSK), the KPK Law, and Supreme Court Regulation No. 4 of 2011 create legal uncertainty and institutional confusion. Empirically, 68% of whistleblowers in the analyzed cases faced retaliation, ranging from intimidation to criminalization, which directly deters public reporting. This study concludes that piecemeal reforms are insufficient. A comprehensive overhaul is required, structured around a three-dimensional model: integrated regulatory reform, strengthening the institutional capacity of the Witness and Victim Protection Agency (LPSK) as the central pillar of protection, and transforming the legal culture. A hybrid approach combining full protection with reasonable incentives is recommended to foster a safe ecosystem and encourage public participation in combating corruption.

Review

This study, "Optimalisasi Perlindungan Hukum bagi Whistleblower dalam Tindak Pidana Korupsi di Indonesia: Analisis Kelemahan Regulasi dan Implikasi Praktis," addresses a critically important issue: the effectiveness of legal protection for whistleblowers in Indonesian corruption cases. Whistleblowers are indispensable in the fight against corruption, making the analysis of their protection mechanisms vital. The research effectively sets out to examine both the regulatory shortcomings and their tangible practical implications, asserting from the outset that the current legal framework is largely inadequate and suffers from significant institutional confusion and overlaps, posing a substantial barrier to robust anti-corruption efforts. Employing a robust juridical-empirical (socio-legal) methodology, the study combines a normative analysis of relevant statutes with an in-depth case study of 47 corruption reports filed between 2018 and 2023. This dual approach provides a comprehensive view, linking theoretical legal provisions with their real-world application and failures. The findings are stark and concerning: regulatory overlaps among the Witness and Victim Protection Law, the KPK Law, and Supreme Court Regulation No. 4 of 2011 create pervasive legal uncertainty. More alarmingly, the empirical data reveals that a staggering 68% of whistleblowers in the analyzed cases experienced various forms of retaliation, from intimidation to criminalization, directly deterring public participation in reporting corruption. The research effectively concludes that piecemeal reforms are insufficient to address the deep-seated issues identified. Instead, it advocates for a comprehensive overhaul structured around a pragmatic three-dimensional model: integrated regulatory reform, significant strengthening of the Witness and Victim Protection Agency (LPSK) as the central protection pillar, and a fundamental transformation of the legal culture. The recommendation for a hybrid approach, combining full protection with reasonable incentives, offers a promising path towards fostering a safer ecosystem for whistleblowers. This study provides a compelling and well-supported argument for urgent, holistic policy interventions, offering valuable insights for policymakers and legal practitioners committed to strengthening Indonesia's anti-corruption framework.

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