Framework for Regulating Prosecutorial Wiretapping Authority in Addressing Corruption Crimes

Abstract

The authority of the Prosecutor's Office to conduct wiretapping, as stipulated in Article 30C point (i) of Law No. 11 of 2021, lacks comprehensive regulation compared to the ideal standards established by Constitutional Court Decision No. 5/PUU-VIII/2010. This regulatory gap creates potential conflicts between the necessity of law enforcement and the protection of privacy rights. This study aims to analyze the legal framework governing prosecutorial wiretapping and to construct an ideal regulatory model for wiretapping in handling corruption cases. This research employs normative methods with legislative, historical, comparative, and conceptual approaches. Data were collected through document studies and analyzed prescriptively. The findings reveal that although wiretapping constitutes a violation of privacy rights, such rights can be limited for law enforcement purposes based on international and national legal instruments. The novelty of this study lies in proposing a regulatory model for prosecutorial wiretapping that incorporates ten key elements: (1) authority to conduct wiretapping; (2) authorized legal subjects; (3) designated authority for wiretapping approval; (4) procedures for wiretapping; (5) specific objectives of wiretapping; (6) defined time limits for wiretapping; (7) handling of wiretapped material; (8) restricted access to wiretapped data; (9) oversight mechanisms; and (10) utilization of wiretapped results. This model seeks to balance privacy protection with effective law enforcement in combating corruption.