Implementasi Imunitas Advokat dalam Pendampingan Justice Collaborator pada Sistem Peradilan Pidana di Indonesia

Abstract

As criminal offenses become increasingly complex, the Justice Collaborator process is becoming more and more important in identifying the perpetrators. As part of this system, attorneys play a crucial role in protecting Justice Collaborators’ rights to due process of law, a fair trial, and the protection of human rights. In reality, law enforcement practices still show criminalization and criminal reports against Advocates who carry out their professional duties, thus creating uncertainty about the limits of the application of Advocate immunity rights. This study aims to analyze the position and implementation of Advocate immunity rights in the assistance of Justice Collaborators in the criminal justice system in Indonesia. Based on an interview with Prof. Dr. T. Gayus Lumbuun, S.H., M.H., as well as supporting primary, secondary, and tertiary legal sources, this study employs a normative legal methodology that combines statutory, conceptual, historical, and case-based approaches. The findings of this study indicate that attorneys are entitled to legal immunity under Article 16 of Law No. 18 of 2003 on Attorneys, which was expanded through Constitutional Court Judicial Review Decision No. 26/PUU-XI/2013. However, this immunity applies only if the attorney practices their profession in good faith and does not commit a criminal offense. Dr. Frederich Yunadi, Moh. Citing Richard Eliezer, Yagari Bhastara Guntur (Gerry), and others, the Justice Collaborator process and the protection of attorneys do not yet have an integrated regulatory framework. This study also proposes a new legal concept of Functional Immunity for Advocates in the Assistance of Justice Collaborators as a new legal construct and recommends harmonization of the Advocates Law and the Witness and Victim Protection Law, in accordance with Constitutional Court Decision Number 126/PUU-XXIV/2026, which encourages the revision of the Advocates Law to strengthen legal certainty, the independence of the advocate profession, and the effectiveness of the criminal justice system.