Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Wiretapping Authority of Public Prosecutors Regarding the Executions of Court Decisions

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312304,
        author={Muh. Asri Irwan},
        title={Wiretapping Authority of Public Prosecutors Regarding the Executions of Court Decisions },
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={authority wiretapping public prosecutor office asset recovery},
        doi={10.4108/eai.14-4-2021.2312304}
    }
    
  • Muh. Asri Irwan
    Year: 2021
    Wiretapping Authority of Public Prosecutors Regarding the Executions of Court Decisions
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312304
Muh. Asri Irwan1,*
  • 1: Universitas Jayabaya, Jakarta, Indonesia
*Contact email: irwanmuhasri@yahoo.com

Abstract

Wiretapping issue started to emerge after the record of telephone conversation was used in the judicial review of Article 32 Paragraph (1) letter c of Law Number 30 of 2002 concerning the Corruption Eradication Commission (KPK) in the Constitutional Court. This issue continues to become a discourse, especially when Legislation Body (Baleg) is currently discussing the Wiretapping Bill, emphasizing on the use of wiretapping authority to track state’s assets in corruption cases. This normative juridical research was conducted in the form of descriptive research, in which primary and secondary data collected thorugh observation, document review and literature review were analyzed qualitatively. The stages of data analysis included data reduction, data presentation and conclusion drawing. The results showed the Public Prosecutor Office’s wiretapping authority in executing the court decisions related to corruption has permanent legal force. This wiretapping authority is expected to support the execution of court decisions that have permanent legal force in order to return the State’s Assets. The discussion of the Wiretapping Bill is expected to provide the prosecutor the authority to conduct wiretapping to support State’s Asset Recovery as the realization of the Center of Integrated Criminal Justice System.