November 18, 2025 | 06:29 pm
TEMPO.CO, Jakarta - Minister of Law, Supratman Andi Agtas, stated that regulations concerning wiretapping practices by law enforcement agencies, such as the Indonesian National Police, the Public Prosecutor's Office, and the Corruption Eradication Commission (KPK), must be established through a separate, dedicated law. Supratman referenced a 2010 Constitutional Court (MK) decision as the basis for his assertion.
The politician from the Gerindra Party noted that the draft of the Wiretapping Bill had been prepared since he served as the Chair of the Legislation Body during the previous House of Representatives (DPR) period.
"When I was still the Chair of the Legislation Body, we wanted to unify wiretapping in the intelligence field related to national defense and wiretapping in law enforcement. At that time, we combined them into one. But now it must be separated," said Supratman at the DPR building, Senayan, Jakarta, on Tuesday, November 18, 2025.
He clarified that wiretapping related to state intelligence duties did not require comprehensive regulation, as it involves national information and secrets. However, he stressed that wiretapping within the scope of law enforcement must be rigorously regulated. "Because it involves protecting the rights of citizens. It must be regulated; it cannot be given arbitrary authority to law enforcement," Supratman stated.
Constitutional Court Mandates Separate Wiretapping Legislation
Supratman emphasized that the demand for specific wiretapping legislation originates not only from the DPR Commission III and the government but also from the judiciary. Even the Constitutional Court desired it. "The Constitutional Court decision stated that wiretapping must be regulated in a separate law, and for that, we jointly prepare it with the DPR and the government," said Supratman.
The Constitutional Court decision mentioned by Supratman is Case Number 5/PUU-VIII/2010. In this case, the petitioner sought a judicial review of Article 31 paragraph 4 of Law Number 11 of 2008 concerning Electronic Information and Transactions, which addresses wiretapping. The applicant requested that wiretapping issues be governed specifically by criminal procedure law or through a distinct law. The Constitutional Court subsequently granted all the applicants' requests in its ruling.
New KUHAP Paves Way for Specific Law
The new Criminal Procedure Code (KUHAP), which was just ratified by the DPR on Tuesday afternoon, November 18, 2025, includes a provision on wiretapping. Specifically, Article 136 paragraph (2) of the KUHAP stipulates that wiretapping will be specifically governed in a subsequent law dedicated to that practice.
"The law will only be discussed after the new KUHAP is passed," said Chair of the DPR Commission III, Habiburokhman, at the DPR building, Senayan, Jakarta, on Tuesday, November 18, 2025.
This Gerindra Party politician also dismissed information alleging that the new KUHAP contained provisions regarding forced wiretapping. He affirmed that wiretapping matters will be regulated exclusively by a separate law.
In summary, he continued, all factions in the DPR Legal Commission agreed that wiretapping must be regulated carefully and must require permission from the court. "So, the law is not there yet, but there is already a political stance on wiretapping," he concluded.
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