Christianto, Hwian (2020) From Crime Control Model to Due Process Model: A Critical Study of WiretappingArrangementby the Corruption Eradication Commission of Indonesia. Padjadjaran : Jurnal Ilmu Hukum, 7 (3). pp. 421-442. ISSN 0216-8227
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Abstract
This study compares three formal criminal lawson the corruption act to showthe importance of due process model for wiretapping/lawful interception in Indonesia.Investigators of Indonesian Corruption Eradication Commission (KPK) assume that the implementation of wiretapping based on the due process model decelerate the performance and independence of corruption eradication. The problem particularly happens on the execution of caught in the act operation. This study covers the design of wiretapping on corruption caselinked with the due process model as an effort to guarantee the right of privacy. Firstly, legislators accentuated an effective corruption eradication,which highlightsthe implementation of the crime control model. Secondly, the latest amendment to the Law on Corruption Eradication Commission of Indonesia alterswiretapping to become a proceduralactivity for stronger synergy among the law enforcement institutions. The regulation of wiretapping as a method to reveal corruption case in Indonesia does not adhere to the due process model entirely. The wiretapping still tends to dealwith stages of preliminary-investigation, investigation, prosecution, and the execution of internal approvalprocess.Keywords:corruption, crime control model, due process model.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | corruption, crime control model, due process model |
| Subjects: | B Philosophy. Psychology. Religion > B Philosophy (General) H Social Sciences > H Social Sciences (General) K Law > K Law (General) K Law > KF United States Federal Law |
| Divisions: | Faculty of Law > Department of Law |
| Depositing User: | HWIAN CHRISTIANTO |
| Date Deposited: | 22 Dec 2020 06:03 |
| Last Modified: | 24 Mar 2021 16:31 |
| URI: | http://repository.ubaya.ac.id/id/eprint/38681 |
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