rgb(145,47,70)
rgb(209,125,45)
rgb(26, 111, 136)
rgb(0,151,117)

Protecting Whistleblowers

We commit to strengthen the whistle-blower system and protect those who have provided information on corruption.

Country: Indonesia

Status: ongoing

Themes: Whistleblower/civil society space protection

Last updated: December 2020

Classification:

Concrete: Other | New: Other | Ambitious: Other

  • 7 Evidence:

    Law no. 31/2014 concerning the Protection of Witnesses and Victims:

    The KPK Whistle-blower System

    LPSK Protection Program

    Reward for Whistleblowers

    Joint Efforts by LPSK and KPK to Protect Witnesses of Corruption Cases- CNN Indonesia

    Government Regulation No. 43/2018 on Reward for Whistleblowers

    Supreme Court Circular (SEMA) Number 4 of 2011

  • 3 Notes:

    Witnesses, experts, and victims are all protected under Law no. 31 of 2014 j.o Law no. 13 of 2006 concerning the Protection of Witnesses and Victims. LPSK (Witness and Victim Protection Agency) was formed for this protection. Under the Criminal Procedure Code, a person who suffers a loss due to a criminal act has the right to apply for compensation during the criminal proceedings. The Corruption Eradication Commission (KPK) signed a Memorandum of Understanding with the Witness, and Victim Protection Agency (LPSK) will provide maximum protection for those who have provided information on corruption. In addition to KPK, several state agencies also had a whistleblowing system.

    Indonesia has also revised the regulations regarding the provision of incentives for reporters of criminal cases of corruption cases through Government Regulation Number 43 of 2018. Under this new regulation, reporters of corruption that cause state losses can receive a prize of 0.2 percent of the state money that can be returned to the state with a value of not more than IDR 200 million. There was no maximum limit on the number of gifts given to corruption reporters in the previous provisions. The recent law introduced does not account for more than one whistle-blower. It also only provides a minimal reward that might not outweigh the human cost of denouncing corruption.

    However, TI-Indonesia's found that there have been at least 100 cases of threat of attack against corruption whistleblowers since 2004. This number continues to increase in line with LPSK report data (Transparency International Indonesia, 2017). Corruption whistleblowers' main problem is weak legal protection. A dilemma arises when the whistleblower is a government employee who reports to his agency, which may lead to career hindrance, exclusion, transfer, and even dismissal.

    Also, several factors cannot be answered by Government Regulation No. 43/2018. There are no explicit technical provisions concerning the determination and mechanism for awarding gifts to reporters of corruption. For example, this provision still does not answer basic questions, such as what if there are two reporters of a corruption case.

    Someone who dares to report such a significant crime is likely to face a greater risk, given that a big corruption case will certainly involve prominent figures as well. Apart from its formation based on the economic assumption of providing incentives for a whistleblower, the provisions of Government Regulation No. 43/2018 may not have much success in encouraging the public to be actively involved in exposing corruption crimes in significant cases.

    Updated: October 31, 2020

    The Corruption Eradication Commission (KPK) signed a Memorandum of Understanding with the Witness and Victim Protection Agency (LPSK) saying that they will provide maximum protection for those who have provided information on corruption. In addition to CEC, several state agencies also have whistle-blowing systems in place.

    Peer reviewer: 1

    Updated: April 30, 2020

    No change since 2017. Corruption Eradication Commission (KPK) signed Memorandum of Understanding with the Witness and Victim Protection Agency (LPSK) will provide maximum protection for those who have provided information on corruption.

Indonesia's Commitments
View Methodology Download Data