The role of the Justice Collaborator in corruption cases
The term Justice Collaborator is often heard in court proceedings for various criminal cases. Justice collaborators in corruption cases also appear and their presence helps reveal the various veils of embezzlement and money laundering crimes.
Budi Sarumpaet, Public Prosecutor and head of Task Force II for KPK Prosecution, explained that the role of Justice Collaborator is regulated normatively in the Supreme Court Circular No. 4 of 2022. Mentioned in the SE, Justice Collaborator is a witness of the perpetrator who provides significant information about a case.
"If we look at the understanding set forth in SE MA No. 4 of 2011, Justice Collaborator is a witness of the perpetrator who cooperated. That is, he is one of the perpetrators of corruption, but not the main perpetrator, " Budi said in a conversation with ACLC this week.
In its rules, a suspect in corruption can apply to become a Justice Collaborator with the following requirements: he is one of the perpetrators of corruption or money laundering, confesses to the crime he has committed, and is not the main perpetrator of the crime.
Budi explained, There are advantages to the existence of this justice collaborator, both for suspects who volunteered to be witnesses to the perpetrator and for the investigation process.
"Being a Justice Collaborator will help suspects get leniency. Meanwhile, from the prosecutor's side, Justice Collaborator is very useful because he admits his actions while revealing the role of the main perpetrator," said Budi.
M. Asri Irwan, head of the KPK prosecution task force, said that with the leniency obtained by the Justice Collaborator, the verdict would not be heavier than the main perpetrator. Sometimes, said Irwan, Justice collaborators are people who are actually used by the main perpetrator to commit criminal acts.
He gave an example, there was a case handled by the prosecutor's office with the suspect of a cleaning service in the company. His name appears as the perpetrator in the case, but in court it turns out there is a bigger mastermind.
"He is a puppet, but the puppeteer is there. There is something like that in KPK. There are cases where small people are put forward as suspects, whereas for example, the president director is the mastermind, " said Irwan.
"Then in the trial he (Justice Collaborator) opened, that in fact he was only the one who was told," he continued.
With the lure of leniency, the role of Justice Collaborator is likely to be used only by suspected corruption cases. Though it could be that he is lying, or rather he is the main perpetrator who is trying to escape severe punishment.
Prosecutor Ni Nengah Gina Saraswati did not bother about it. He said the lie would eventually be proven in the course of a lengthy investigation. Prosecutors, Gina said, have a way of knowing whether a Justice Collaborator is lying or not.
"Whether he's lying or not is down to his consistency, from what the investigation has seen. Prosecutors who have been equipped with interview skills can assess whether they are consistent or not in providing information, " Gina said in a conversation with the KPK Channel Podkes.
Gina warned the Justice Collaborator not to lie about her testimony. Because every lie in court has legal consequences, including in cases of corruption.
"Everything that is revealed in court has legal consequences. There is a provision that he lied, regulated in Article 22 of Law No. 31 in 1999, there was a threat, so don't play games," said Gina.
In the article, it is stated that any person who deliberately gives incorrect information in the process of investigating corruption cases is threatened with imprisonment for a minimum of 3 years and a maximum of 12 years, with a fine of at least Rp150 million and at most Rp600 million.
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