Jurnal Bina Mulia Hukum
Vol. 10 No. 2 (2026): Jurnal Bina Mulia Hukum Volume 10 Number 2 March 2026

The Dilemma of Wiretapping in Corruption Crimes in Indonesia: A Legal Reform Perspective Based on Human Rights

Artha Febriansyah (Faculty of Law, Universitas Sriwijaya, Palembang, Indonesia)
Suci Flambonita (Faculty of Law, Universitas Sriwijaya, Palembang, Indonesia)
Desia Rakhma Banjarani (Faculty of Law, Universitas Sriwijaya, Palembang, Indonesia)
Vera Novianti (Faculty of Law, Universitas Sriwijaya, Palembang, Indonesia)



Article Info

Publish Date
07 May 2026

Abstract

Introduction to the Problem: Wiretapping in corruption cases serves as a vital instrument to uncover concealed and systemic crimes; however, its application raises constitutional and ethical concerns, particularly regarding the protection of privacy and human dignity.Purpose/Study Objectives: This study aims to examine the legal and political framework of wiretapping in Indonesia and to propose a human rights–based legal reform. Novelty: This study offers a reformulation model of wiretapping regulation grounded in a constitutional and human rights analytical framework, integrating the principles of legality, necessity, and proportionality.Methodology: This research employs a normative-juridical method using statutory, conceptual, and comparative approaches, supported by the analysis of judicial decisions and legal doctrines.Results/Findings: The findings reveal that wiretapping regulations in Indonesia remain fragmented across sectoral laws, leading to legal uncertainty and potential abuse of authority. This study proposes the establishment of a comprehensive Wiretapping Act regulating authorization procedures, limits surveillance powers, data governance, and independent mechanisms. Judicial authorization and strict limitations on the scope and duration of interception are essential to ensure accountability. By incorporating constitutional principles and international human rights standards, this reformulation positions wiretapping as a legitimate investigative tool while safeguarding fundamental rights within a democratic rule of law.

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Journal Info

Abbrev

JBMH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Jurnal Bina Mulia Hukum (JBMH) publishes peer-reviewed public and private law articles from scholars, policy makers, and legal practitioners. The majority parts of the journal focus on national related issues; other parts focus on comparative and transnational law issues, to stand on Indonesian ...