TINJAUAN YURIDIS TERKAIT PENGHAPUSAN PERAN JUSTICE COLLABORATOR DALAM SYARAT PENGURANGAN MASA PIDANA DIKAITKAN DENGAN TUJUAN PEMIDANAAN DALAM TINDAK PIDANA KORUPSI

Abstract

Arrangements for granting remissions or conditional release in cases of corruption prior
to the decision number 28P/HUM/2021 have special conditions or differences in obtaining
remissions or parole compared to other general crimes. This is regulated in Government
Regulation Number 99 of 2012 concerning Requirements and Procedures for the
Implementation of the Rights of Correctional Families. This special condition requires that
corruption convicts become justice collaborators or are willing to work with law enforcement
agencies to help uncover the crimes they have committed. However, after the decision has been
made, remission and parole are given more easily because there are no special conditions, this
can reduce the expected deterrent effect and eliminate substance from the correctional system.
The purpose of this research is to find out the elimination of the role of justice collaborator in
terms of reducing the term of imprisonment in accordance with the purpose of sentencing and
to look at legal considerations in deciding to delete the article which contains special
conditions for obtaining remission for corruptors.
This research is normative legal research supported by secondary data, carried out by
making library materials the main focus. It is also called doctrinal legal research, namely legal
research that uses data based on library research by taking excerpts from reading books, or
supporting books that have something to do with the problem to be studied. Thus this study
uses secondary data sources consisting of primary, secondary, and tertiary legal materials.
This study also used qualitative data analysis and produced descriptive data.
From the results of the discussion and research conducted, several conclusions were
obtained, namely: First, the elimination of the role of justice collaborators in terms of reducing
prison terms is not in accordance with the objectives of punishment which wants to provide a
deterrent effect and guidance for perpetrators who commit crimes. If there are no such
conditions, it will make it easier for corruption convicts to get remissions or parole. Second,
there are 4 important points of legal considerations taken by the author and the legal
considerations that have been examined have several deficiencies that result in mistakes that
remove special requirements for corruption.
Keywords: Justice Collaborator – Corruption - Criminalization