Legal Reconstruction of the Authority of Tapping by the Corruption Eradication Commission in Corruption Crime Investigation Based on Justice Value

Abstract

This study aims to analyze the weaknesses and reconstruct regulations on the Authority of the Corruption Eradication Commission in Wiretapping Corruption Crimes which have not been fair so far because the regulation regarding wiretapping authority is still sectoral in nature and there is no specific law on wiretapping using the constructivism paradigm, the type of research in the form of non-doctrinal law, and a juridical-empirical approach. The results of this study show that the weaknesses in terms of legal culture include evidence used in criminal proof that is still limited to the Criminal Procedure Code and the law enforcement culture in Indonesia is still positivist in nature. The phrase "accountable to the supervisory board" in Article 12C paragraph (2) of the Corruption Eradication Commission (KPK) Law) is not based on Pancasila values of justice and does not have binding legal force. Therefore, a legal reconstruction is needed by strengthening the authority of the Corruption Eradication Commission to carry out wiretapping to prevent and eradicate criminal acts of corruption through the reconstruction of Article 12C in particular Article 12C paragraph (2) of Law Number 19 of 2019 concerning Amendments to Law Number 30 of 2002 concerning The Corruption Eradication Commission stated that "Wiretapping which has been completed must be accounted for to the Leaders of the Corruption Eradication Commission and notified to the Supervisory Board no later than 14 (fourteen) working days after the Wiretapping was completed".