Konstruksi Perlindungan Hukum Terhadap Whistleblower Dalam Tindak Pidana Korupsi

Aryana, I Wayan Putu Sucana (2019) Konstruksi Perlindungan Hukum Terhadap Whistleblower Dalam Tindak Pidana Korupsi. Doctoral thesis, Untag 1945 Surabaya.

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Abstract

This dissertation research is entitled "Construction of Whistleblower Protection in Corruption Crime." The background in this study is the need for construction of protection of whistleblowers in criminal acts of corruption. The whistleblower's contribution in uncovering criminal acts of corruption is not balanced with protection for whistleblowers.In this study two issues are discussed, namely 1) Why is the protection of a whistleblower necessary in corruption? and 2) What is the legal protection of whistleblowers in criminal acts of corruption? This research is a normative juridical study. The normative study in this study questions the vacuum of norms that regulate the protection of whistleblowers in the disclosure of criminal acts of corruption. The problem analysis is done by statute approaches, comparative approaches, conceptual approaches, philosophical approaches. Sources of legal material (primary legal material and secondary legal material) are collected through library research techniques. The analysis is presented in a qualitative descriptive manner.The basic philosophical consideration of the regulation of whistleblowers in criminal acts of corruption is human rights as the natural rights possessed by every human being. The basis for judicial judgments on the regulation of whistleblowers in corruption can be seen in international legal instruments and national legal instruments. The basis for consideration of the sociological regulation of whistleblowers in criminal acts of corruption is the economic and social rights of the community that have been violated due to criminal acts of corruption. Legal protection against whistleblowers in corruption acts needs to be stated in the form of laws. The DPR and the President should draft a special regulation concerning the protection of whistleblowers in criminal acts of corruption. It is necessary to have the same definition and understanding of the whistleblower in criminal acts of corruption by law enforcement officials in the same justice system.

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