LEGAL REFORM OF INTERCEPTION OF COMMUNICATIONS: An Initiative To Establish An Interception Of Communications Law From Human Rights Perspective

legalIn the process of amendment of Law No. 11 of 2008 on Information and Electronic Transaction,which took place in mid‐2016, the House of Representatives (DPR) and the Government have agreed to reconfirm Constitutional Court Decision No. 5/PUU‐VIII/2010, on the need for the establishment of a Law on the Procedures for Interception of Communications. According to the Constitutional Court, establishment of this legislation is important to ensure the legal unity of interception of communications, as part of the principle of legal certainty, which must be adhered to by a modern constitutional state such as Indonesia. Although a variety of sectoral laws give the authority of interception of communications to a number of state institutions,especially the state intelligence and law enforcement institutions, these various mandates must be bound together in the same procedure, to provide legal certainty in the procedures.

This legal‐political agreement is then accommodated by the House of Representatives and the Government in Article 31 paragraph (4) of Law No. 19 of 2016 on the Amendment of Law No. 11 of 2008 on Information and Electronic Transactions. The provision confirms that the further rules regarding the interception of communications are set by law. That is, this clause expressly gives orders to the legislators (the House of Representatives and the President) for the immediate establishment of a Law on Interception of Communications, which will regulate everything, especially the procedures for interception of communications.
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