CD Skripsi

Penataan Mekanisme Penyadapan Pasca Putusan Mahkamah Konstitusi Nomor 5/Puu-Viii/2010

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ABSTRACT
The use of wiretapping or interception technology is an act commonly carried
out by law enforcement officials or intelligence officials whether it is used as
evidence in handling cases in court or intelligence activities. In the decision of the
Constitutional Court Number 5 / PUU-VIII / 2010 which granted the petitioners'
petition to fully mandate that in carrying out an arrangement it is regulated in the
form of a Law, which was issued in 2010 but in its realization it has not been
implemented until now. In making this law on wiretapping, it has been slow, until
now there has been no synchronous regulation in the wiretapping area, thus
detrimental to the constitutional rights of citizens generally.
The purpose of this research is to see the Security Policy, Post-Constitutional
Court Decision No. 5 / PUU-VIII / 2010 and to see the structuring of the post-
Constitutional Court Decision No. 5 / PUU-VIII / 2010. The research focuses on the
absence of general regulations governing thoroughly about this tapping.
This research is a normative legal research, because it is based on literature
research that takes quotes from reading books, literature, or supporting books that
have problems which will be assisted by primary, secondary and tertiary data
sources. This study uses qualitative data analysis and produces descriptive data.
From the results of the research, it is stated that, First, the act of tapping is an
act that is legally prohibited, because it is an act that interferes with one's privacy
rights. In view of this, the Constitutional Court granted the petitioners' petition in its
entirety and mandated the publication of a special law on wiretapping. Second, the
absence of a legal umbrella regulating spatial arrangements which is regulated by
each institution does not have a strong legal basis. The author's suggestion is, First,
it is hoped that before ratifying the Draft Criminal Procedure Code, especially in the
field of wiretapping and the Draft Law on Tapping, to check or reassess whether the
Draft Law does not harm someone's privacy rights Second, adding to the process of
conducting trials that are not open to the public such as trials of children, this is
carried out only when proving the results of wiretapping, or it can also be done by
pretrial proceedings first. Third, the law on regulation is regulated in a special
regulation which is comprehensive and fosters all formal and material aspects.
Keywords: Mechanism-Tapping-The Court's Decision

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 03. 121 (0004)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Administrasi Negara., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 03. 121 (0004)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM TATA NEGARA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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