Legal Implications of Wiretap Evidence in the Terrorism Investigation Process

Abstract

Wiretapping evidence has an important role in the investigation process of terrorism, considering the nature of this crime which tends to be organized, secretive, and involves cross-regional networks. Wiretapping allows law enforcement officials to obtain information and evidence that cannot be accessed through conventional methods. This article discusses the position of wiretapping results in the investigation process, and the strength of wiretapping results in the investigation process. Based on applicable legal provisions, such as Law No. 19/2016 on the Amendment to Law No. 11/2008 on Electronic Information and Transactions and Law No. 5/2018 on the Eradication of the Criminal Acts of Terrorism, wiretapping is recognized as valid evidence provided that it is conducted based on a court order or special procedures regulated by law. However, its implementation faces various challenges, including potential violations of privacy rights, abuse of authority, and supervision of the wiretapping process. This research aims to evaluate the effectiveness of wiretapping evidence in supporting the investigation of terrorism crimes while highlighting the importance of balance between law enforcement and human rights protection.