LEGAL PROTECTION TOWARD REPORTER’S WITNES IN NARCOTICS CRIMINAL ACTIONS

Abstract

Drug trafficking and abuse in the community must be prevented and dealt with. The public can help
law enforcement officials to uncover the existence of narcotics crimes, but the consequence is the security of
various narcotics drug syndicate threats that threaten the safety of the reporting person. Nevertheless, the
reporter's witness testimony is an important factor in proving the truth in a narcotic criminal proceeding. This
empirical juridical research aims to find out and analyze the implementation of Article 131 of Law Number 35
Year 1999 concerning narcotics in terms of: efforts to reduce narcotics distribution; obstacles in the protection
of whistleblower witnesses; and legal protection efforts for reporting witnesses. Article 131 of Law Number 35
Year 2009 concerning Narcotics contains the obligation of every person to report any narcotics crime that is
seen, heard and / or experienced directly. This obligation requires the participation of the community in efforts
to reduce narcotics crimes. However, in its implementation law enforcement officials face obstacles when
carrying out the protection of Narcotics Reporting Witnesses, namely: 1) the public does not know of any
guarantees for the protection of witnesses reporting narcotics crime, so they are reluctant to report any narcotics
crime seen, known and / or experienced; 2) the public is afraid of being targeted by narcotics / prikotropika /
dangerous substances dealers, when reporting a narcotics crime that is seen, known and / or experienced; and 3)
lack of understanding of whistleblower witness protection among police officers, causing efforts to protect
whistleblower witnesses not optimally implemented. Protection of Reporting Witnesses in Narcotics Crimes is
regulated in Law 13 of 2006 concerning Protection of Witnesses and Victims which has been amended by Law
35 of 2014. Reporting Witnesses have the right to feel safe in giving testimony in court. Police officers as law
enforcers have an important role in ensuring that the Witness and Victim Protection Agency (LPSK) provides
guarantees for the protection of Reporting Witnesses and Victims properly. Therefore, preventive efforts to
involve the active role of the community in preventing narcotics-free circulation need to continue to be
promoted by the National Narcotics Agency and the Indonesian National Police, targeting groups that are likely
to be exposed to narcotics crime. In addition, the Indonesian National Police and the National Narcotics Agency
(BNN) are required to provide socialization and legal counsel on the protection of witnesses and victims both to
the general public and to prison residents, so that perpetrators and / or victims dare to submit themselves as
Reporting Witnesses and / or Victims. Specifically for NTT Regional Police (POLDA), it is expected to
establish coordination and consolidation on a regular basis with the Witness and Victim Protection Agency
(LSPK) in NTT, to ensure the Reporting Witnesses and / or Victims or Families get a sense of security and their
rights are protected in accordance with the Law 13 of 2006.
Keywords: law protection, reporter’s witnes, narcotics.