The Authority of Interview in the Framework of Protecting Human Rights

Abstract

Investigative actions including wiretapping must respect Human Rights (HAM) which provide justice for a person, as emphasized in Article 28 D paragraph (1) of the 1945 Constitution. This study aims to analyze and discover the reconstruction of wiretapping authority regulations in the context of protecting human rights based on the value of justice. The research method used is normative legal research, using the constructivism paradigm. The approach method used in this research is social legal research. This research uses primary data and secondary data. Data collection techniques through literature studies, interviews and questionnaires. The data collected was analyzed qualitatively. The results of the study found that the reconstruction of the value of justice in wiretapping authority regulations is clear, complete, uniform, there is a judge's authority in assessing whether wiretapping is legal or not and wiretapping efforts are empowered to prevent criminal acts from occurring. As for the reconstruction of the legal norms of wiretapping authority in the context of protecting human rights based on the value of justice, namely Article 1, Article 77, and Article 79 and Article 81 of Law Number 8 of 1981 concerning Criminal Procedure Code (KUHAP), and the addition of provisions on empowering wiretapping for the purpose of preventing wiretapping criminal acts in Law Number 5 of 1997 concerning Psychotropics, Law Number 15 of 2003 concerning Eradication of Criminal Acts of Terrorism, Law Number 30 of 2002 concerning the Corruption Eradication Commission, Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons, Law Number 8 of 2007 2010 concerning Prevention and Eradication of Money Laundering Crimes, and Law Number 35 of 2009 concerning Narcotics. Keywords: Reconstruction, Regulation, Wiretapping, Justice DOI: 10.7176/JLPG/131-04 Publication date: April 30 th 2023