Analisa Hukum Terhadap Penyadapan

  • Totok Sugiarto Dosen Fakultas Hukum, Universitas Panca Marga Probolinggo
  • Purwanto Purwanto Dosen Fakultas Hukum, Universitas Panca Marga Probolinggo

Abstract

Although wiretapping is not a new institution in Indonesia, unfortunately the arrangement is still scattered and not uniform. In its context as a law enforcement authority, wiretapping has no horizontal balancing mechanism. By reviewing the reasons of the Constitutional Court of the Republic of Indonesia in expanding the scope of pretrial, it turns out that these reasons can also be applied to wiretapping, so conceptually, it can be said that pretrial can be withdrawn to include wiretapping. Nevertheless, there is a mismatch between the concept of pretrial and the arrangement regarding wiretapping in positive law.

Keywords: Wiretapping, Legal Efforts, Pretrial, Preliminary Examiner Judge

Published
2022-03-23
Section
Articles