Analysis of The Mechanism Process From The Tapping Action To Find Evidence In Crime

Abstract

The purpose of this paper is to find out related to the analysis of the mechanism process from the act of tapping to find evidence in the crime itself. Using normative juridical research with a statute approach which is carried out by reviewing all laws and regulations related to legal issues regarding wiretapping, especially Article 31 paragraph (1) and (2) of Law Number 19 of 2016 concerning Information and Electronic Transactions and how they are enforced in Indonesia and a comparative approach to compare the law on wiretapping carried out by investigators in countries that regulate laws against wiretapping with the Indonesian state, so that the results of the wiretapping mechanism itself can be obtained. The analytical technique used is in the form of juridical normative with comparative approach techniques by analyzing problems related to how the comparison of wiretapping conducted by investigators in Indonesia with countries that regulate legal issues regarding wiretapping, along with the advantages and disadvantages of each accompanied by grammatical interpretation. In this case, wiretapping is included in an action whose purpose is to find evidence related to the trial, although in Indonesia it is known that there is no more specific regulation, but the wiretapping carried out must then be adjusted to the norms and human rights itself so that the wiretapping is not carried out later, violate the privacy rights of everyone including the victims.