KY Proposes The Criminal Procedure Code To Synchronize Wiretapping Rules Outside Criminal Law Enforcement

JAKARTA - The Judicial Commission (KY) proposes that the Draft Law (RUU) on Amendments to Law Number 8 of 1981 concerning the Criminal Procedure Law (KUHAP) synchronizes regulations regarding wiretapping outside the enforcement of criminal law.

"Strengthening other non-synchronous provisions with the existing regulations in the Criminal Procedure Code, especially related to regulations regarding wiretapping and forced summons outside the interests of criminal law enforcement," said KY Chairman Amzulian Rifai as quoted by ANTARA, Monday, February 10.

He explained that the rules regarding wiretapping have not been regulated in the Criminal Procedure Code, but are spread across several laws and regulations. For example, in Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) or Law Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption (UU Corruption).

Referring to the regulation, he said, wiretapping efforts are possible in the context of investigations and investigations in the enforcement of criminal law.

In addition to law enforcement, he said wiretapping efforts also had opportunities for use in the interests of disciplinary enforcement and ethical violations.

However, he said Law Number 22 of 2004 concerning the Judicial Commission which included rules regarding wiretapping efforts, in practice, could not be implemented.

Because, he continued, the position of KY is not a law enforcement institution, but an institution that is tasked with supervising judges.

"The implementation of this (tapping) provision cannot be realized, given the inequality of the rules used as a basis. The law enforcement apparatus is adamant that wiretapping activities only aim for the benefit of law enforcement," he said.

"Meanwhile, the interests contained in the Judicial Commission Law are only used to prove allegations of violating the code of ethics or the judge's applicable guidelines," he added.

The same situation, he continued, also applies to regulations regarding forced efforts in the Judicial Commission Law. Where, the existing rules do not allow to pose a threat to witnesses who are absent from the summons.

Therefore, he emphasized that regulations regarding wiretapping and forced summons outside the interests of law enforcement need to be strictly regulated in the Criminal Procedure Code so that existing regulations are in harmony with each other so as not to cause confusion for the community.

Commission III of the House of Representatives (DPR) has rolled out a discussion on the Criminal Procedure Code Bill which is included in the 2025 Priority National Legislation Program (Prolegnas) during the Second Trial Period of the 2024 '2025 Session Year.

The DPR targets the new Criminal Procedure Code to take effect in conjunction with the enactment of the Criminal Code on January 1, 2026.

This is based on the political spirit of the Criminal Procedure Code, which must be the same as the spirit of legal politics contained in the Criminal Code.