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VOL. 6, ISSUE 3 (2024)
The concept of coercive measures in wiretapping a review of the revised draft of the Indonesian penal code in the context of human rights approaches
Authors
Heru Riyadi
Abstract
This research explores the concept of coercive measures in wiretapping,
specifically examining the revised draft of the Indonesian Penal Code (RKUHP)
through a human rights lens. As a legal state, Indonesia prioritises human
rights protection within its legal framework, where the principle of equality
before the law is central. However, the regulation of wiretapping in Indonesia
is inconsistent, leading to varied interpretations and implementation by law
enforcement agencies. This research addresses the challenges posed by these
inconsistencies, particularly the lack of legal certainty and protection of
privacy rights in interception practices. Using normative legal research
methods, this study examines primary, secondary, and tertiary legal materials
to evaluate the legal mechanisms governing wiretapping and their alignment with
human rights principles. The findings highlight the critical role of
wiretapping in criminal investigations while emphasising the need for strict
legal standards to prevent the misuse of this intrusive measure. The study also
identifies gaps in the current legal framework that allow for arbitrary
wiretapping without adequate safeguards for individual rights. The research
concludes that effective regulation of wiretapping requires a balance between
law enforcement needs and the protection of privacy rights. It recommends the
establishment of a unified legal framework that ensures accountability,
transparency, and adherence to human rights in the practice of wiretapping in
Indonesia. This study contributes to the ongoing debate on the legal and
ethical implications of coercive surveillance measures, particularly in the
context of the Indonesian legal system.
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Pages:286-290
How to cite this article:
Heru Riyadi "The concept of coercive measures in wiretapping a review of the revised draft of the Indonesian penal code in the context of human rights approaches". International Journal of Law, Policy and Social Review, Vol 6, Issue 3, 2024, Pages 286-290
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