THE COMPARISON OF JUSTICE COLLABORATOR

IMPLEMENTATION IN INDONESIA AND NETHERLANDS IN

REVEALING HUMAN TRAFFICKING

RESEARCH PROPOSAL
Proposed as Prerequisite at the
Faculty of Law Jenderal Soedirman University

By :
Diah Mega Utami
E1B018005

MINISTRY OF EDUCATION, CULTURE,

RESEARCH, AND TECHNOLOGY
JENDERAL SOEDIRMAN UNIVERSITY
FACULTY OF LAW
PURWOKERTO
2021

i
 KEMENTERIAN RISET, TEKNOLOGI, DAN PENDIDIKAN TINGGI
UNIVERSITAS JENDERAL SOEDIRMAN
FAKULTAS HUKUM
Alamat: Jl. Prof Dr. HR Boenjamin No. 708 Grendeng, Purwokerto 53122
Telpon: (0281) 63889, 0811298339, Faks (0281) 627203
Laman: www.fh.unsoed.ac.id, Email: fh@unsoed.ac.id

RESEARCH PROPOSAL

1. Title : THE COMPARISON OF JUSTICE

COLLABORATOR IMPLEMENTATION

IN INDONESIA AND NETHERLANDS

IN REVEALING HUMAN

TRAFFICKING

2. Research Implementation

a. Name : Diah Mega Utami

b. N I M : E1B018005

c. Generation : 2018

d. Number of Creadits : 148 SKS

e. Study Program : International Class Law

f. Section Scope : Criminal Procedure Law

3. Thesis Supervisors

a. Supervisor I : Prof. Dr. Hibnu Nugroho, S.H., M.Hum.

b. Supervisor II : Dr. Riris Ardhanariswari, S.H., M.H.

ii
 VALIDATION OF THE CONTENTS AND FORMAT OF THE THESIS
PROPOSAL

This proposal was prepared by :

Name : Diah Mega Utami
NIM : E1B018005
Generation : 2018
Study Program : International Class Law
Section Scope : Criminal Procedure Law
Thesis Title : THE COMPARISON OF JUSTICE
COLLABORATON IMPLEMENTATION
IN INDONESIA AND NETHERLANDS
IN REVEALING HUMAN
TRAFFICKING

Content and Format have been approved,

Supervisor I Supervisor II

Prof. Dr. Hibnu Nugroho, S.H., M.Hum. Dr. Riris Ardhanariswari, S.H., M.H.
NIP. 19640724 188992 1 001 NIP. 19730505 199802 2 001

Knowing,
Head of Criminal Prosedure Law

Rahardi Wasi Bintoro, S.H., M.H.

NIP. 19800812 205011 002

iii
 A. Background

In the era of globalization, many crimes are committed jointly or

organized, one of which is human trafficking. Human trafficking is a

formal offence in which it is only sufficient to fulfil the elements of the act

that have been formulated and do not have to cause consequences. Human

trafficking is an issue that needs to be considered in Indonesia, where

Human trafficking is an act that can violate human rights that can rob

freedom, justice, and peace.

The terminology of the term human trafficking comes from the

word "trafficking". There is no proper Indonesian translation regarding

the difference between "trafficking" and "trading". The term "trafficking"

is not quite right, but it is still used to translate the term human

trafficking.1

The definition of human trafficking according to the Global

Alliance Against Trafficking in Women is “All acts involved in the

recruitment and/or transportation of a person within and across national

borders for work or services by means violence or threat of violence,

abuse of authority ordominant position, debt bondage, deception or other

forms of coercion.”2

From the definition of human trafficking according to the Global

Alliance Against Trafficking in Women, it can be said that human

1
Heny Nuraeny, Tindak Pidana Perdagangan Orang, Kebijakan Hukum Pidana Dan
Pencegahannya, Jakarta Timur : Sinar Grafika, 2011, Hlm. 90
2
Mahrus Ali dan Bayu Aji Pranomo, 2011, Perdagangan Orang : Dimensi, Instrumen
Internasional Dan Pengaturannya Di Indonesia, Citra Aditya Bakti, Bandung, hlm. 17

1
 trafficking is a criminal act that is very much against human dignity.

These crimes were well organized and carried out nationally, regionally

and internationally. Therefore, human trafficking is included in an

extraordinary crime where the prevention and eradication are carried out

unusually.

In Indonesia, human trafficking are increasing from year to year.

This crime is usually carried out by sending Indonesian workers abroad

through intermediaries illegally to promise significant wages. Every year

there are 450,000 Indonesians who are dispatched abroad, and of that

number, 46% are strongly detected as victims of human trafficking.3

The impact of human trafficking for victims can affect the lives of

victims both physically and psychologically. Physically, the victim can

contract infectious diseases such as HIV/AIDS due to sexual intercourse.

Psychologically, victims can be stressed and depressed as a result of what

they experience. Conditions like this can be troubling to the community,

so serious action is needed from the government. However, in its

implementation, the government is experiencing difficulties because the

criminal act of human trafficking is organized and neat. There is a need

for a breakthrough to eradicate human trafficking. Therefore, the

Government of the Republic of Indonesia implements a justice

collaborator who is believed to be able to combat human trafficking in

Indonesia.
3
Kementerian Pemberdayaan Perempuan dan perlindungan Anak Republik Indonesia,
“Hukum Berat Pelaku Tindak Pidana Perdagangan Orang” (http://uc:xyz/10oTak?pub=link,
accessed on September, 20, 2021)

2
 The increasing of human trafficking in Indonesia, finally

encourage Indonesia to issue Law Number 21 of 2017 concerning the

Eradication of the Human Trafficking, which was inspired by Law

Number 7 of 1984 concerning the Convention on The Elimination of all

Forms of Discrimination Against Women and 2000 United Nations

Protocol on Preventing, Combating and Punishing Trafficking in Persons.

From the legislation can still not tackle and even reveal human

trafficking in Indonesia. Therefore, to reach the point of success in

revealing human trafficking, a breakthrough is needed by looking at the

most critical evidence, namely, witness statements. This witness' report

can be made by witnesses willing to cooperate with law enforcement to

uncover cases of human trafficking and extraordinary crime in other

cases. The perpetrator's witness is known as the Justice Collaborator.

Witness statements is one of the essential evidence in the criminal

justice system. This is because witness statements can influence the

judge's decision. The reality is that in practice, the witness of the

perpetrator cannot provide the actual information because there are fears

of threats from other actors. To overcome these undesirable things, there

is a need for legal protection for perpetrators’ witnesses or justice

collaborators.

In Indonesia itself, the regulation regarding justice collaborators is

contained in Law Number 31 concerning Protection of Witnesses and

Victims and Circular Letter of the Supreme Court Number 4 of 2011

3
 concerning Treatment for Criminal Acts Reporters (Whistleblowers) and

Witnesses of Cooperating Perpetrators (Justice Collaborators). The

regulation explains that the justice collaborator is one of the perpetrators

of a particular crime, admits the crime he has committed, is not the

leading actor, and provides witness in the judicial process.4

In providing information in the judicial process, a justice

collaborator will be rewarded in the form of a reduction in the lightest

sentence among other defendants. In reality, the Indonesian judicial

system is the opposite, where the perpetrators who become justice

collaborators are sentenced to heavier criminal penalties than the main

perpetrators. This happened in the case of Yusak Sabekti Gunanto, who

has become a justice collaborator and and expose the main perpetrator of

human trafficking.

Concerning witnesses who cooperate, it is known as a justice

collaborator in Indonesia. In the Netherlands, the perpetrator's witness who

cooperates is known as the Witness Agreement, an agreement between the

perpetrator's witness and the Public Prosecutor to provide information in

exchange for a reward.5 The regulation regarding the Witness Agreement

is regulated in the Dutch Criminal Procedure Code, title III section 4B-

4D.6

4
Lilik Mulyadi, Perlindungan Hukum Terhadap Whistleblower Dan Justice Collaborator
Dalam Upaya Penanggulangan Organize Crime (Bandung: P.T. Alumi,2015), hlm. 5.
5
Amir Ilyas dan Jupri, Justice Collaborator Strategi Mengungkap Tindak Pidana
Korupsi (Yogyakarta: Genta Publishing, 2018), hal. 42.
6
Ibid, hlm. 43

4
 Judging from the rules in the Netherlands and in Indonesia where

the Dutch Criminal Procedure Code has accommodated justice

collaborators, while the regulation regarding justice collaborators in

Indonesia is divided into several principles, the author is interested in

taking the title THE COMPARISON OF JUSTICE

COLLABORATOR IMPLEMENTATION IN INDONESIA AND

NETHERLANDS IN REVEALING HUMAN TRAFFICKING.

B. Problem Formulation

Based on the above background, a problem in this research can be

formulated as follows:

1. How is the implementation of justice collaborator in Indonesia in

revealing human trafficking?

2. How is the implementation of justice collaborator in Netherlands in

revealing human trafficking?

C. Theoretical Framework

Human trafficking is one of the severe crimes carried out

extraordinarily in the development of law enforcement. There are several

terms of extraordinary crime such as unusual, brutal, extreme, and crimes

that have a broad and systematic impact on economic, political, social, and

cultural life.7

Human trafficking is a modern form of slavery that can threaten

human rights. This crime has expanded in organized crime, involving

individuals and corporations. Network of criminals Human trafficking has

7
Muhamad Hatta, 2019, Kejahatan Luar Biasa, (Sulawesi : Unimal Press), hlm. 9-10.

5
 a reach between regions and between countries.

According to Rebecca Surtess and Martha Wijaya, the crime of

human trafficking is a "criminal syndicate", namely a group of people

formed to carry out criminal activities. It can be seen that the requirements

to be considered a syndicate must be carried out by more than one person

or in groups in the implementation of human trafficking. 8 This syndicate

activity is carried out in an organized manner as a crime whose

perpetrators have loyalty to their group in carrying out the crime.

The definition of the criminal act of human trafficking is contained

in Article 1 paragraph (1) of Law Number 21 of 2007 concerning the

Eradication of Crime which states that:

"Human trafficking is the act of recruiting, transporting,

harbouring, sending, transferring or receiving a person with the

threat of violence, use of violence, kidnapping, confinement,

forgery, fraud, abuse of power or a position of vulnerability, debt

bondage or giving payments or benefits, to obtain the consent of

the person who has control over the other person, whether carried

out within countries or between countries, for exploitation or

causing people to be exploited.”

In Netherlands, human trafficking is regulated in art. 273f of

Dutch Criminal Code, namely:

1. Als schulding aan mensenhandel wordt met gevangenisstraf

van ten hoogste twaalf jaren of geldboete van de vijfde

8
Farhana, “Aspek Hukum Perdagangan Orang di Indonesia” (Jakarta : Sinar Grafika,
2010), hal. 20.

6
 cateforie gestraft:

Degene die een ander door dwang, geweld of een andere

feitelijingheid met of door of een andere feitelijkheid, door

afpersing, fraude, misleiding and wel door misbruik van uit

feitelijke omstandingheden voortvloeiend overwicht, door misbruik

van een kwetsbare positie of door het geven of ontvangen van de

voordelen of voordelen vergen scheen ted insent ander heeft, werft,

vervoert, overbrengt, huisvest of opneemt, met inbegrip van de

wisseling of overdracht van de controle over die ander, met het

oogmerk van uitbuiting van die ander of de verwijdering van diens

organen.”

The Dutch Criminal Code Article 273 f paragraph (1) point 1

above stipulates that a person who commits human trafficking will be

threatened with a maximum imprisonment of 12 years by force, violence

or other facts, or by threats of violence or other points, by extortion, fraud,

fraud or abuse of power arising from factual circumstances, by abuse of a

position of vulnerability or by giving or receiving payments or benefits to

obtain the consent of any person possessing, recruiting, transporting,

transferring, harbouring or receiving, including the exchange or transfer of

control over other people, to exploit others or cause people to be

influenced.

The definition of human trafficking, both in Indonesia and in the

Netherlands, is not much different. Regarding eradication crimes, this

7
 crime is also different frim the eradication of orfinary criminal acts. This is

because the crime of human trafficking is included in an extraordinary

crime. One way to eradicate human trafficking is to attract criminals and

make them witnesses to uncover other perpetrators involved in the crime.

The term perpetrator used as a witness is different in different

countries. In Indonesia, it is known as Justice Collaborator, which

witnesses the perpetrator who cooperates with law enforcement.

Cooperative Whistleblowers, Participant Whistleblowers, Collaborator

With Justice, or Pentiti (Italy).9

The term Justice Collaborator in Indonesia itself comes from

countries Commonwealth such as the United States, known as

Whistleblowers. Whistleblowers is report witnesses or people who see the

existence of a crime and report it to law enforcement. The Netherlands,

France, and Italy do not use the concept of Whistleblowers but use the

concept of Protection of Cooperating Persons. There is a difference

between the two terms, where Whistleblowers as reporting witnesses are

not sentenced to criminal penalties because they are only whistleblowers.

At the same time, Protection of Cooperating Persons can also be referred

to as witnesses who cooperate with law enforcement (justice collaborators)

to uncover extraordinary crime cases.10

In Indonesia, the definition of justice collaborator likened to

witness the perpetrator as stipulated in Article 1 paragraph (2) of Law

9
Amir Ilyas dan Jupri, Op.Cit., hlm. 29.
10
Firman Widjaya, 2012, Whistle Blowers dan Justice Collaborator Dalam Perspektif Hukum,
(Jakarta : Penaku), hlm. 11-12.

8
Number 31 of 2014 concerning Protection of Witnesses and Victims

stating:

“Witness the perpetrator is suspected,accused or convicted person

to cooperate with enforcement law to uncover a criminal offence in

the same case.”

In the definition above, it can be concluded that the perpetrator’s

withness, who will be used as a justice collaborator, must uncover a

criminal act in which he is involved in the same crime. That is if the

perpetrator’s witness reveals another criminal act which he is not involved

in the crime, it cannot be used as a justice collaborator.

Justice collaborator in Indonesia include valid evidence contained

in Article 184 of the Criminal Prosedure Code, namely:

1) Witness statements

2) Expert statements

3) Letter

4) Instructions

5) Defendant’s statement

From the above evidence, witness statements is one of the essensial

evidence in court evidence. Based on Article 1 Number 26 of The

Criminal Prosedure Code states that:

“A witness is a person who can provide information for the

investigation, prosecution and trial regarding a criminal case which

he has heard, seen, and experienced for himself.”

9
 Concerning evidence in the trial, the role of collaborating

perpetrator witnesses (justice collaborator) is constructive for law

enforcers who will uncover severe or organized criminal cases such as

human trafficking, corruption, narcotics, psychotropic substances, money

laundering, and other criminal acts, other transnationals. 11 Without a

justice collaborator, law enforcement will have difficulty revealing serious

or organized criminal acts because these crimes are carried out very neatly.

Regulations regarding justice collaborators in Indonesia are

regulated separated into several regulations, namely in the Circular

Supreme Court Number 4 of 2011 concerning the Treatment of

Whistleblower and Witness Perpetrators Who Cooperating (Justice

Collaborator) in Criminal Cases Certain, Law of the Republic of Indonesia

Number 13 of 2006 regarding the Protection of Witnesses and Victims

Article 10 paragraph (2), and Regulations Together with the Minister of

Law and Human Rights of the Republic of Indonesia, the Attorney

General of the Republic of Indonesia, Head of the Indonesian National

Police, the Corruption Eradication Commission of the Republic of

Indonesia, Chairperson of the Indonesian National Police Indonesian

Witness and Victim Protection Agency Number. M. HH 11. H M.03.02.

th, 2011, PER-045/A/JA/12/2011. 1 of 2011, KEPB 02/01-55/12/2011, 4

of 2011 concerning Protection for Whistleblowers, Reporting Witnesses

and Collaborating Perpetrators.

11
Agung Dwi Prasetya dan Andriyani, “Peran Justice Collaborator Dalam Tindak
Pidana Human Trafficking Perspektif Hukum Pidana Islam”, Tazir : Jurnal Hukum Pidana. Vol. 4
No.2, Desember 2020, hal.53.

10
 In Netherlands, the term justice collaborator is known as the

Witness Agreement, is an agreement made between the Public Prosecutor

and the witness in giving statements in court in exchange for a reward.12 In

the Dutch Witness Agreement. The Public Prosecutor is only allowed to

make such an agreement in cases of serious crimes, namely for crimes

punishable by at least 8 (eight) years in prison or suspected crimes

punishable by at least 4 (four) years in jail, including crimes that are

contemplated organized ( Article 226 G Nominal 1 CCP). 13 It can be

concluded that in Netherlands, to be used as a justice collaborator, crimes

are considered severe or organized, such as human trafficking, corruption,

narcotics, and terrorism.

Looking at the regulation of justice collaborators in Indonesia and

the Netherlands, which protects perpetrator witnesses who are willing to

cooperate with law enforcement, the authors use the theoretical basis of

legal protection from Satjipto Raharjo and Setiono.

According to Satjipto Raharjo, legal protection provides

protection for other people against human rights (HAM) whose rights have

been harmed by others. This protection is given to the community to enjoy

the rights granted law. The function of a legal guardian can be adaptive,

flexible, predictive, and anticipatory. Legal protection is needed for people

who have weak conditions and are not yet strong economically, socially,

and politically to obtain social justice.14

12
Amir Ilyas dan Jupri, Op.Cit., hal. 42.
13
Ibid., hal. 43.
14
Satjipto Raharjo, Ilmu Hukum, PT. Citra Aditya Bakti, Bandung, 2000, hlm.55.

11
 According to Setiono, legal protection is an act or effort to protect

the public from arbitrary actions by the authorities that are not following

the rule of law to create order and peace to enable humans to enjoy their

dignity as human beings.15 Based on the description above, it can be seen

that legal protection is the protection of human dignity given by law so

that people can get their rights without discrimination.

Looking at the regulation regarding legal protection for justice

collaborators in the Netherlands, which are regulated in the Procedural

Law Criminal / Wetboek van Strafvondering Art of January 15, 1921,

while the protection of justice collaborators in Indonesia is held in several

settings, the author uses comparative legal theory from several experts.

The terms of comparative law in various countries different from

one another, namely:

a. Comparative Law (UK)

b. Rechtsvergleichug or Vergeleichende (Germany)

c. Rechtsvergelijking (Netherlands), and

d. Droit Compare (France).16

According to Barda Nawawi in his book, quoting the opinion of

Rudolf B. Schlesinger states that Comparatie Law is a method of

investigation that aims to gain more profound knowledge about certain

15
Setiono, Tesis : "Rule of Law (Supremasi Hukum)", (Surakarta : Magister Ilmu Hukum
Program Pascasarjana Universitas Sebelas Maret, 2004), hlm. 14.
16
Barda Nawawi Arief, Perbandingan Hukum Pidana, Grafindo Persada., Semarang,
2010, hlm.3.

12
 legal materials.17 In this case, a legal comparison is carried out by

comparing the criminal law system between one country and another. This

comparative study was conducted to realize the reconstruction of the

national criminal law system by studying other legal systems closer to the

characteristics of legal sources in Indonesia.18 It can be concluded that in

conducting a legal comparison, one must first understand the legal

procedures in various countries.

From the explanations of the above experts who state that

comparative law is a research method, as for other experts who state that

comparative law is a field of legal science, among others, LJ van

Apeldoorn states that in his book entitled “Inleiding tot de Studie van het

Nederlansch Recht” states that comparative law is a legal science that

aims to explain the relationship between legal phenomena and other social

phenomena.19

The purposes of comparative law, according to Romli

Atmasasmita, are:

a. Practical goals

This practical objective is beneficial for jurists in dealing

with international treaties.

b. Sociological goals

Sociological goals are to observe a general science of law

17
Ibid.
18
Sri Endah Wahyuning, Perbandingan Hukum Pidana (Dari Perspektif Religious Law
System), Unissula Press, Semarang, 2013,hlm. 1.
19
Djoni Sumardi Gozali, Pengantar Perbandingan Sistem Hukum (Civil Law, Common
Law, dan Hukum Adat), Nusa Media, Bandung, 2020, hlm 4.

13
 that investigates law in the sense of science. Sociologists of the

law carry out comparative law by using it to study and explore

legal systems in various countries to establish general

principles regarding the role of law in society.

c. Political goal

The political goal is to study comparative law to maintain

the “status quo”. This means that this goal is not to make

fundamental changes in developing countries.

d. Pedagogical Objectives

Pedagogical objectives are to broaden students' horizons to

think in an "indisciplined" manner and obtain input for the

renewal and formation of National Law in the future.20

Based on the description above, it can be said that a legal

comparison is carried out to find similarities and differences between the

legal systems in Indonesia and the Netherlands. A historical factor causes

the legal system in Indonesia and the Netherlands to be the same, namely

civil law, because Indonesia is a Dutch colony. Even though Indonesia and

the Netherlands use the same legal system, Dutch law continues to develop

and undergo changes, especially the Criminal Procedure Code / Wetboek

van Strafvondering Art of 15 January, while Indonesian law is still far

behind with legal developments in the Netherlands, especially regarding

justice collaborators.

20
Ibid., hlm.18.

14
D. Research Objective

In connection with the problems raised in the explanation above,

the objectives in writing this thesis are:

1. To analyze the implementation of justice collaborators in

Indonesia in revealing human trafficking.

2. To analyze the implementation of justice collaborators in

Netherlands in revealing human trafficking.

E. Use of Research

This research is expected to provide the following benefits:

1. Theoretical Uses

Theoretically, the results of this study are expected to contribute to

the development of scientific studies, add to and complement

scientific works and contribute ideas about the implementation of

justice collaborators in revealing human trafficking In Indonesia and

Netherlands.

2. Practical Uses

a. The results of this study are expected to contribute ideas for the

government to make more complete and firm policy regarding

justice collaborators.

b. The results of this study are expected to be useful for law

enforcement, especially for judges in making decisions against

justice collaborators.

F. Thingking Framework

15
 JUSTICE COLLABORATOR

HUMAN TRAFFICKING

LAW PROTECTION

- KUHAP
- LAW NUMBER 31 OF 2014
CONCERNING AMANDEMENTS TO WETBOEK VAN
LAW NUMBER 13 OF 2006 STRAFVONDERING
CONCERNING THE PROTECTION OF ART OF 15
VICTIMS AND WITNESSES JANUARY 1921
- CIRCULAR LETTER OF THE
SUPREME COURT NUMBER 4 OF
2011 CONCERNING TREATMENT
FOR CRIMINAL ACTS REPERTERS
(WHISTLEBLOWER) AND
WITHNESSES OF COOPERATING
PERPETRATORS (JUSTICE
COLLABORATOR) IN CERTAIN
CRIMINA CASE.

LEGAL COMPARISON

Figure 1. Thinking Framework

Description:

Suppose an incident occurs in a community suspected of being

human trafficking. In that case, the law enforcement apparatus as an

16
 instrument of the State is obliged to enforce the law by revealing the

perpetrators involved in the crime. In carrying out their obligations, a law

enforcer will have difficulty revealing the crime because it is included in

an extraordinary crime. One of the legal breakthroughs in finding this

crime is to present a witness who provides information regarding the

crime he and his partner committed. The statements of the witness can be

known as a justice collaborator. In providing information in the trial

process, the justice collaborator must be given legal protection by the

State. Then to qualify the forms of protection for justice collaborators, an

analysis will be carried out supported by the theory of legal protection

and comparative law by looking at the comparative approach and the law

approach both in the Criminal Procedure Code, Law Number 31 of 2014

concerning Amendments to Laws Number 13 of 2006 concerning the

Protection of Witnesses and Victims, Circular Letter of the Supreme

Court Number 4 of 2011 concerning the Treatment of Whistleblowers

(Whistleblowers) and Witnesses of Cooperative Perpetrators (Justice

Collaborators) in Certain Crimes, as well as Wetboek Van Strafvondering

Art of 15 January 1921.

The results of analysis obtained is then drawn and presented

systematically to answer the problem formulation, namely the

comparison of justice collaborator implementation in indonesia and

netherlands in revealing human trafficking.

G. Research Methods

17
 Peter R. Sen suggests that a method is a procedure or a way of

knowing something that has systematic steps.21 According to Peter

Mahmud Marzuki, legal research is a process of discovering the rule of

law, legal principles, and doctrines law to answer the legal issues faced .22

In this research, the author will use normative legal research that examines

the legal literature of secondary data in the form of personal letters, books,

and documents, an official document issued by the government.23

1. Approach Methods

The approach method used by the author is a statue approach

and comparative approach. The statue approach method is research

conducted by examining all laws and regulations related to the handled

legal issues.24 The statue approach is carried out to explore and learn

about the provisions for implementation justice collaborators.

The comparative approach method is research conducted by

comparing the laws of a country with the laws of one or more other

countries on the same matter. This approach was taken to determine

whether there are similarities and differences regarding

"Implementation of Justice Collaborators in Indonesia and

Netherlands in Revealing Human Trafficking".

2. Research Specification

21
Peter R. Sen dalam Bambang Sanggono, Metoode Penelitian Hukum, PT Rajagrafindo
Persada, Jakarta, 2003, hlm. 46.
22
Peter Mahmud Marzuki. 2011, Penelitian Hukum,cetakan -11, Jakarta : Kencana, hlm.
35.
23
Soerjono Soekanto dan Sri Mamudji, Penelitian Hukum Normatif, suatu tinjauan
singkat, PT Grajagrafindo Persada, Jakarta, 2015, hlm. 23.
24
Ibid, hlm.98.

18
 The author uses descriptive- analytical specification in this

research, which describe the approprate statutory arragements

associated with legal theory and practice of implementing positivel

law.25 This research was conducted to describe the legal provisions

regarding justice collaborator in legal protection in Indonesia and

Netherlands by using legal theory and legislation from each country.

3. Research Location

This research was conducted in library of the Faculty of Law Jenderal

Soedirman University, Banyumas Regency, Central Java and

Yogyakarta City Library, Jl. Suroto No.9, Kotabaru, Kec.

Gondokusuman, Yogyakarta City, Special Region of Yogyakarta.

4. Types and Souces of Data

In this research, the authors used secondary data, namely data

obtained from library materials. This secondary data is divided into 3

(three), namely:

a. Primary legal materials, namely binding legal materials, include:

1) Criminal Procedure Code (KUHAP)

2) Dutch Criminal Procedure Code / Wetboek van Strafvondering

Art of 15 January 1921

3) Law No. 21 of 2007 concerning the Eradication of the Crime

of Human trafficking

4) Law Number 31 of 2014 concerning Amendments to Law

Number 13 of 2006 concerning the Protection of Witnesses

25
Cholid Narabuko, Metode Penelitian, Bumi Aksa, Jakarta, 2003, hlm. 114.

19
 and Victims

5) Circular Letter of the Supreme Court Number 4 of 2011

concerning Treatment of Whistleblowers of Criminal Acts and

Justice Collaborator in Certain Criminal Cases

b. Secondary legal materials, namely legal materials that can explain

primary legal materials. These legal materials include books,

scientific works from the legal community, and legal journals

related to implementing justice collaborators in Indonesia and

Netherlands.

c. Tertiary legal materials, namely materials that provide instructions

and explanations of primary and secondary legal materials, such

as dictionaries, encyclopedias, electronic journals, magazines, and

articles.26

5. Data Collection Methods

In collecting data, the author uses a study of documentation.

Documentation study is legal research that includes primary,

secondary, and tertiary legal materials.27 The author contains legal

materials by searching legal literature, legal journals, notes related to

the problem investigated both offline and online (internet). The legal

materials that have been collected are classified into primary legal

materials, secondary legal materials, and tertiary legal materials. Legal

materials that have been collected and classified are then analyzed
26
Soerjono Soekanto dan Sri Mamudji, Op. Cit, hlm 13
27
Amiruddin dan Zainal Asikin, Pengantar Metode Penelitian Hukum, PT Rajagrafindo
Persada, Depok, 2018, hlm. 68

20
 based on the types of legal materials, respectively, and are associated

with the problems to be studied.

6. Data Processing Methods

The results of this research, using the following data

processing:

a. Editing (data checking) is checking the data and examining

whether the data collected is complete and correct enough so

that there are no errors.

b. Coding (data tagging), namely giving is signs or notes that

State the type of data sources such as books, literature,

legislation or documents.

c. Classification, namely the grouping of data by going through

the process of checking and classifying data.

d. Systematizing (compilation), namely compiling data that has

been examined systematically according to the order so that

the discussion is easier to understand.28

7. Data Presentation Methods

The legal material that has been obtained will be presented in

the form of a description that is arranged systematically. The

presentation of this data is done by connecting secondary data obtained

28
Octaviany Shella, Skripsi : “Perbandingan Ketentuan Penuntutan Menurut Hukum
Acara Pidana Indonesia dan Thailand” (Bengkulu : UNIB, 2014), hlm. 40.

21
 with each other according to the problems studied to become a

complete unity following research needs.

8. Data Analysis Methods

This research uses methods of juridical-qualitative analysis,

which is research conducted with an in-depth interpretation of legal

materials and normative legal research. The results of the investigation

will be connected with the problems studied so that clarity will be

obtained to the problem

22
 REFERENCES

Literatur

Ali, Mahrus dan Bayu Aji Pranomo. 2011. Perdagangan Orang : Dimensi, Instrumen

Internasional Dan Pengaturannya Di Indonesia. Bandung: Citra Aditya Bakti

Arief, Barda Nawawi. 2010. Perbandingan Hukum Pidana. Semarang : Grafindo
Persada

Amiruddin dan Zainal Asikin. 2018. Pengantar Metode Penelitian Hukum. Depok :
PT Rajagrafindo Persada

Farhana. 2010. Aspek Hukum Perdagangan Orang di Indonesia. Jakarta : Sinar

Grafika
Gozali, Djoni Sumardi. 2020. Pengantar Perbandingan Sistem Hukum (Civil Law,
Common Law, dan Hukum Adat. Bandung : Nusa Media
Hatta, Muhhamad. 2019. Kejahatan Luar Biasa. Sulawesi : Unimal Press

Ilyas, Amir dan Jupri. 2018. Justice Collaborator Strategi Mengungkap Tindak
Pidana Korupsi. Yogyakarta : Genta Publishing
Marzuki, Peter Mahmud. 2011. Penelitian Hukum,cetakan -11. Jakarta : Kencana

Mulyadi, Lilik Mulyadi. 2015. Perlindungan Hukum Terhadap Whistleblower Dan

Justice Collaborator Dalam Upaya Penanggulangan Organize Crime.
Bandung : P.T. Alumi

Narabuko, Cholid. 2003. Metode Penelitian. Jakarta : Bumi Aksa

Nuraeny, Heny. 2011. Tindak Pidana Perdagangan Orang, Kebijakan Hukum

Pidana Dan Pencegahannya. Jakarta Timur : Sinar Grafika

Raharjo, Satjipto. 2000. Ilmu Hukum. Bandung : PT. Citra Aditya Bakti

Sanggono, Bambang. 2003. Metoode Penelitian Hukum. Jakarta : PT Rajagrafindo

Persada
Setiono.2004. Tesis : Rule of Law (Supremasi Hukum). Surakarta : Magister Ilmu
Hukum Program Pascasarjana Universitas Sebelas Maret
Shella, Octaviani. 2014. Skripsi : Perbandingan Ketentuan Penuntutan Menurut
Hukum Acara Pidana Indonesia dan Thailand. Bengkulu : UNIB
Soekanto, Soerjono dan Sri Mamudji. 2015. Penelitian Hukum Normatif (Suatu
Tinjauan Singkat). Jakarta : PT Grajagrafindo Persada
Wahyuning, Sri Endah. 2013. Perbandingan Hukum Pidana (Dari Perspektif
Religious Law System). Semarang : Unissula Press
Widjaya, Firman. 2012. Whistle Blowers dan Justice Collaborator dalam Perspektif
Hukum. Jakarta : Penaku

Jurnal

Prasetya, Agung dwi dan Andriyani. Peran Justice Collaborator Dalam Tindak
Pidana Human Trafficking Perspektif Hukum Pidana Islam”. 2020. Tazir :
Jurnal Hukum Pidana. Vol. 4 No.2
Lain-lain

Kementerian Pemberdayaan Perempuan dan Perlindungan Anak Republik Indonesia,

“Hukum Berat Pelaku Tindak Pidana Perdagangan Orang”
(http://uc:xyz/10oTak?pub=link, accessed on September, 20, 2021)

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 THESIS SYSTEM

TITLE PAGE

CONFIRMATION PAGE

STATEMENT

FOREWORD

ABSTRAK

ABSTRACT

TABLE OF CONTENTS

CHAPTER I. INTRODUCTION

A. Background

B. Problem Formulation

C. Theoritical Framework

D. Research Objectives

E. Uses of Research

F. Thinking Framework

CHAPTER II. LITERATURE REVIEW

A. Comparative Law Theory

B. Justice Collaborator in Indonesia and Netherlands

1. The term of Justice Collaborator

2. Justice Collaborator Regulation

C. Legal Protection Theory

D. Human Trafficking in Indonesia and Netherlands

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 1. Definition of Human Trafficking

2. Regulation of Human Trafficking

CHAPTER III. RESEARCH METHODS

A. Approach Methods

B. Research Specification

C. Research Location

D. Types and Sources of Data

E. Data Collection Methods

F. Data Processing Methods

G. Data Presentation Methods

H. Data Analysis Methods

CHAPTER IV. RESEARCH RESULTS AND DISCUSSION

A. Research Result

B. Discussion

CHAPTER V. CONCLUSION

A. Conclusion

B. Suggestion

REFERENCES

ATTACHMENT

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