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Reformulation of Wiretapping Regulations Based on Criminal Justice Reform: Lessons from US and UK
Sobirov, Bobur Mahdy, Mohamad Isharyanto, Isharyanto Hartiwiningsih, Hartiwiningsih
Sobirov, Bobur
Mahdy, Mohamad
Isharyanto, Isharyanto
Hartiwiningsih, Hartiwiningsih
Abstract
This study aims to examine the extent to which wiretapping regulations in Indonesia prioritise the protection of privacy rights and how these regulations will be utilised to reform the criminal justice system in the future. This study is a normative legal analysis that employs a comparative approach, examining the laws of the United States and the United Kingdom. Based on the results of the study, it was concluded that wiretapping regulations in Indonesia do not yet provide protection of privacy rights and do not yet accommodate Constitutional Court Decision Number 006/PUU-I/2003 and Constitutional Court Decision Number/5/PUU-VIII/2010, which mandate that wiretapping regulations be regulated in a special law and uphold human rights. Based on a comparative study with the wiretapping legal systems in the United States and the United Kingdom, it was found that in order to achieve ideal wiretapping regulations, in addition to being regulated in a special law, there is also a need for checks and balances to prevent arbitrariness and rigid and biased rules, as well as stipulating that every wiretapping action must be proportional to the objectives to be achieved. There must also be a strict internal, external and independent monitoring system covering the application for authorisation, implementation and termination of wiretapping, with an emphasis on the protection of personal data and the privacy of citizens. In addition, the following aspects must also be reflected: a. Legality; b. Due process. Safeguards Against Illegitimate Access; and d. Legitimate Aims, Necessity and Proportionality
Description
Date
2025-10-09
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Publisher
Ius et Ambientis
University of Wyoming Libraries
University of Wyoming Libraries
Research Projects
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Keywords
Wiretapping,Criminal Justice Reform,Human Rights,Law Enforcement,USA,UK
Citation
Mahdy, M., Hartiwiningsih, H., Isharyanto, I., & Sobirov, B. B. (2025). Reformulation of wiretapping regulations based on criminal justice reform: Lessons from US and UK. Indonesian Journal of Crime and Criminal Justice, 1(3). https://journal.iueam.org/index.php/IJCCJ/article/view/193