Fiat Justisia (Nov 2022)

The Urgency of Whistleblowers legal Protection in the Criminal Justice System

  • Abdul Wahid

DOI
https://doi.org/10.25041/fiatjustisia.v16no4.2660
Journal volume & issue
Vol. 16, no. 4
pp. 353 – 370

Abstract

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The role of whistleblowers is crucial in exposing criminal activities, as many cases remain undisclosed due to the absence of reports or whistleblowers coming forward. Whistleblowers are legally protected from both civil and criminal prosecution. Although the Witness and Victim Protection Agency (LPSK) is tasked with protecting witnesses and victims, its current scope does not fully extend to whistleblowers. Existing protections for whistleblowers primarily focus on reducing punishment if they are implicated in the case or witness the perpetrator's actions. Legal protection is unique and contingent upon the whistleblower providing testimony in good faith. To address this gap, revisions to the Criminal Procedure Code and the Law on the Protection of Witnesses and Victims are necessary to ensure that whistleblowers, even if involved in the crime, receive protection from criminal charges when they expose wrongdoing.

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