The Urgency of the Harmonization of Interception Regulation in the Context of Law Enforcement
Systems regarding the legal remedy of communication interception can be found in several regulations. However, those systems are not supported by horizontal harmonization since each regulation governs the mechanism differently, so there is a disparity among interception regulation. This paper analyzes the harmonization of wiretapping regulations in Indonesia from a law enforcement perspective with an inventory of regulations governing the current mechanism of interception. The results concluded that first, the disparity in intercepting authority of communication interception practice regulated by several institutions in the same form of crime eradication authority must be reformulated to restore overlapping regulations. Secondly, the interception regulation as a coercive force that derogates the right to privacy must contain detailed provisions in terms of a permit request and the wiretapping authority. The permit application must contain the purpose of the request for wiretapping permission descriptively. Moreover, these provisions must explicitly regulate legal subjects that are authorized to conduct wiretapping practice in the form of clear mechanisms and coordination with the direct superiors and court supervision regulating the interception procedure as well as the cooperation between law enforcement officials and telecommunications service providers. Third, prospectively interception regulations can be assessed from the political will of the legislators. The decision of the Constitutional Court No. 5/PUU-VIII/2010 mandates the need for horizontal harmonization of interception regulations in the form of the Interception Bill, which is also included in the 2019 National Legislation Program.
This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.
Authors who publish in the Substantive Justice International Journal of Law agree with the following conditions:
- The author owns the copyright and gives the journal rights to the first publication with the work being simultaneously licensed under the Creative Commons Attribution License, which allows others to share the work with the authorship of the authorship and the initial publication in this journal.
- The author owns the copyright and other ownership rights related to the article, such as patents, the right to use the substance of the article in their own future work, including lectures and books, the right to self-archive the article, the right to enter into separate articles, contractual arrangements additional to the non-exclusive distribution of the published version of the article (e.g., posting it to an institutional repository or publishing it in a book), with acknowledgment of the initial publication in this journal
- Authors are permitted and encouraged to post their work online (for example, in institutional repositories or on their websites) before and during the submission process because it can lead to productive exchanges, as well as earlier and larger quotations of published works.