Violence Against Whistleblowers Reporting Alleged Corruption As A Form Of Obstruction Of Justice In The Indonesian Criminal Justice System

Abstract

Corruption is a crime that requires public participation in its disclosure; however, individuals who report or provide information concerning alleged corruption remain vulnerable to threats, intimidation and violence that may interfere with law enforcement processes. This study aims to analyze the regulation of obstruction of justice within the Indonesian criminal justice system and to determine when violence against persons disclosing alleged corruption may be qualified as a form of obstruction of justice. This study employs a normative juridical method using statutory, conceptual and case approaches, supported by comparative legal analysis. The findings show that Article 21 of the Anti-Corruption Law constitutes the specific criminal-law basis for obstruction of justice in corruption cases, the application of which must take into account Constitutional Court Decision No. 71/PUU-XXIII/2025. Violence against a person disclosing alleged corruption does not automatically constitute obstruction of justice; it must be proven that there was a concrete act, a legally relevant status of the victim, a connection with the corruption case and an intention to prevent, obstruct, or frustrate the legal process. In the case of Winda Lorenza Gowasa, these elements have not all been established based on the available facts and sources. Therefore, law enforcement authorities should conduct early risk assessments, coordinate protection with the Witness and Victim Protection Agency, document threats or intimidation and investigate any motive to obstruct legal proceedings from the outset.