The Law against Illegal Wiretapping

Monday, 21 August 2017 , 14:00:00 WIB - Legal Tips

Indonesia´s Sixth President Susilo Bambang Yudhoyono is seen speaking in a press conference (ANTARA)

JAKARTA, GRES.NEWS - Former Indonesian President Susilo Bambang Yudhoyono complained through a press release on 1 February 2016 that his discussion was illegally wiretapped. His complaint follows a statement in a court session on the religion defamation case against former Jakarta Governor, Basuki Tjahaja Purnama, from one of the lawyers that he has a recording between KH Ma’ruf Amin and Indonesia’s sixth President.

To answer whether the wiretap was illegal, let’s look into Article (1) of Law No.19/2016, as a revision to Law No.11/2008 on Electronic Information and Transactions, that defines illegal wiretapping activities as follows:

"Any person who intentionally and without rights or against the law intercepts or wiretaps Electronic Information and/or Electronic Documents in a particular Computer and/ore Electronic System of Others".

The punishment according to said law, namely Article 47, is a maximum of ten (10) years and/or a maximum fine of Rp800,000,000 (US$59878.000000).