LEGALITAS INDEPENDENSI KEWENANGAN PENYADAPAN PENYIDIK KPK DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA

AM Taufiqy A, NIM.: 14340069 (2020) LEGALITAS INDEPENDENSI KEWENANGAN PENYADAPAN PENYIDIK KPK DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Corruption Eradication Commission (KPK) is an independent institution that was established specifically to deal with corruption. In carrying out their duties, the Corruption Eradication Commission is given the authority to tap and record talks. The authority of wiretapping of the KPK is considered by some to be a violation of Human Rights (HAM), because by the tapping, people feel wronged and disturbed by their privacy. This then becomes the problem in this study whether the authority of wiretapping KPK investigators is in accordance with the principles of human rights, especially the principle of equality and nondiscrimination and how the wiretapping mechanism is carried out by the KPK. This type of research is qualitative, which is research that produces information in the form of notes and descriptive data contained in the text under study. The writing of this thesis uses a normative juridical research approach. Research in this thesis is a library study (library research) that uses books and other literature as the main object. The results showed that the wiretapping conducted by KPK investigators can be said to be in accordance with the human rights principle especially the Siracusa principle, namely that the state can impose human rights restrictions if there are laws governing them. In addition, wiretapping has also fulfilled the abolition requirements as regulated in Article 28J of the 1945 Constitution, KIHSP, Siracusa Principle. Thus, if there is a conflict between individual human rights and public human rights, then it can be waived against individual human rights, especially if it conflicts with more basic public human rights. Furthermore, regarding the mechanism of the KPK's authority to conduct wiretapping is already contained in the Law of the Republic of Indonesia Number 19 Year 2019 Article 12B, 12C and 12D. In conducting wiretapping, the KPK mechanism must go through licensing steps and must still respect a person's privacy rights, and use the results of wiretapping only for legal or judicial purposes.

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