TINJAUAN YURIDIS LEGALITAS PENYADAPAN KOMUNIKASI MELALUI TELEPON SEBAGAI SUATU ALAT BUKTI DALAM PERKARA TINDAK PIDANA KORUPSI

Abstract

ABTRACT

            The term telematics legal embodiment of the telecommunications law , Media Law and Information Technology Law , other terms used are Information Technology Law ( Law of Information Technology , ) the law of cyberspace ( virtual word law ) and the law mayantara . The term birth because the activities carried out through a system of computer networks and communication systems both locally and globally ( Internet ) by using information technology and communications or transactions electronically , particularly in investigations and matters related to the delivery of information . Communication and interaction or electronically , particularly in terms of evidence and matters relating to legal actions carried out through electronic systems .

One of the growing use of technology areas that we often hear tapping or better known as intresepsi , with various controversies that followed . Occurrences intercepts as specific rules actually noble , normatively known in 1997 when the enactment of Law Psychotropic Substances ( Law No. 5 of 1997 ) with effect from March 11, 1997 and Narcotics Law Undnag long ( Law No. 22 of 1997 which entered into force on 1 September 1997 ).

In Act No. 11 of 2008 on Information and Electronic Transactions ( ITE Law ) in Article 31 paragraph ( 1 ) also stated that the ban on people who knowingly and looks or unlawful interception or eavesdropping over the conduct of electronic and information or documents electronically in a computer or electronic system specific and belong to someone else this provision refers to Article 31 paragraph ( 3 ) which states " except " interception by law enforcement at the request of police, prosecutors and other law enforcement agencies or institutions established under the laws .

Tapping action as a source for obtaining evidence legally performed and justified by law with certain conditions , there are 9 ( nine ) rules and regulations including the Book of the Criminal Justice Act , which became the basis of legal acts performed tapping the interest of justice , the action tapping in order to evidence the truth in court can only be done for special crimes like corruption and terrorism .

Keywords : Technology, Tapping, Criminal