The corruption has become a serious focus for Indonesia, particularly since the reform of 1998. Under the Law Number 30 of 2002, the KPK has the authority to spy on people by tapping into their communication lines and records their conversations. By this interception power, the KPK has captured many corruptors in Indonesia. Despite of the KPK's success, several questions arise: Does Indonesia's Corruption Eradication Commission (KPK) in spying on people violate the international human rights laws in protecting the right to privacy? what is the benchmark to determine that the KPK indeed unlawfully? Is the KPK's interception operation consistent with the international human rights principles regarding the right to privacy? For answering those questions, this paper will outline the concept of the right to privacy from several privacy theorists. To determine whether or not the KPK is indeed acting unlawfully, this paper will use the privacy rights theory and the international human rights covenants in examining the right to privacy. The paper argues some of the interception actions done by the KPK, do not comply with the international principles on human rights in electronic surveillance actions. It means Indonesia must improve its laws through adding some articles in order to fully comply with international principles on human rights in electronic surveillance actions.
The basic principle of the 1945 Constitution as affirmed in Article 3 Paragraph (1) of Law no. 12 of 2011 concerning the Formation of Laws and Regulations is a legal basis in Laws and Regulations so the source of regulations formation under it, especially on tackling cases of domestic violence that result in physical, sexual, psychological suffering and/or family neglect including threats to commit acts, coercion/deprivation of liberty unlawfully in the family. Community participation is an urgent part in addition to the need for support from other criminal justice sub-systems. This study is doctrinal legal research with a statute approach in addition to a conceptual approach. The analysis is conducted qualitatively with a grammatical exegesis and systematically. This research found that Article 1 of Law No. 23 of 2004 concerning the Elimination of Domestic Violence that there is an integrated effort and synergy between the government and society. Specifically, for community participation in preventing domestic violence and providing protection (providing a sense of security to victims of domestic violence), members of society are also expected to be aware of domestic violence cases, thus everyone who hears, sees or knows about a domestic violence case must make efforts in accordance with their limits to: prevent criminal acts; provide protection to victims; provide emergency assistance; assist the process of filing a request for protection (Article 15 of the Domestic Violence Act).
Corruption is a serious crime in Indonesia. Indonesia commonly recognize that Corruption as extra ordinary crime that has to be combated by extra ordinary means as well. Interception has been determined as the best way to reduce the number of these engaged in corruption, Indonesia is adherence to some international human rights instrument aims to support the basic rights of the people. The scope of the concept of privacy, in some theorists' perspective has sailed to be properly conceptualized. In addition, the international community recognizes privacy is a fundamental human right which is well-described in several Conventions. This reflects the importance of the right to privacy for every individual in the world, either for adult, children or for people who have disabilities. Some of the interception actions done by the KPK, do not comply with the international principles on human rights in electronic surveillance actions. This means Indonesia must improve its laws through adding some articles in order to fully comply with international principles on human rights in electronic surveillance actions. The research method used is normative juridical, normative juridical is research based on the analysis of legal materials in the form of several legal principles and several legal theories as well as laws and regulations that are in accordance with the problems in this study.
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