Lex Journal : Kajian Hukum dan Keadilan
Vol 10 No 3 (2026): September

Addressing the Regulatory Gap: A Legal Analysis of Wiretapping Procedures in the 2025 Criminal Procedure Code

Naura Atha Fadhila Salvia Berti Putri (State University of Surabaya, Indonesia)
Emmilia Rusdiana (State University of Surabaya, Indonesia)



Article Info

Publish Date
25 Jul 2026

Abstract

The rapid advancement of information technology has rendered modern crime patterns increasingly complex, often eluding conventional investigative methods. In response, Law No. 20 of 2025 concerning the Indonesian Criminal Procedure Code (KUHAP 2025) was enacted, formally recognizing wiretapping as a legitimate coercive measure in criminal investigations. However, Article 136 of KUHAP 2025 merely serves as an enabling norm, delegating the procedural specifics of wiretapping to a separate, yet-to-be-drafted statute. This delegation creates a significant regulatory vacuum. Through a normative-juridical method grounded in statutory and conceptual approaches, this study analyzes the legal implications of this procedural void—specifically its threat to legal certainty and citizens' guaranteed privacy rights. Furthermore, this research formulates the ideal substantive framework for the forthcoming Wiretapping Law. The findings assert that to safeguard against arbitrary surveillance, the new legislation must incorporate three essential elements: strictly defined limits on applicable criminal offenses, a rigorous judicial warrant mechanism, and definitive boundaries on wiretapping duration. Ultimately, these regulatory pillars are crucial for striking an equitable balance between the efficacy of law enforcement and the fundamental protection of human rights.

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Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Journal is a scientific journal published by the Faculty of Law, Dr. Soetomo University which will be published regularly every six months. In July and December containing articles in the form of articles, studies, and research results. This journal is published as a forum to provide space for ...