Illustration of phone tapping (Photo: www.kompas.com)

Indonesian House of Representative is drafting a mechanism of tapping by Indonesian Corruption Eradication Commission(KPK).

According to Kompas.com, Indonesian House of Representative is drafting a revision on Regulation no. 30 year 2002 on Commission of Corruption Eradication.

In the current regulation of article 12 paragraph 1a about tapping, mention that KPK is allowed to do tapping and recording conversation but failed to explain the mechanism.

But in the revision, it only touches the tapping mechanism.

In the revision draft, House of Representative adds an article, which is article 12A paragraph 1 about the tapping mechanism.

Sufficient preliminary evidence is needed  for the tapping to be conduced by KPK investigator upon the approval of KPK chief, acccording to paragarph 1.

In the paragraph 2, Chief of KPK owes to ask for permission prior to the tapping to the district court. But in paragraph 3 it is added that KPK can do tapping without the permission of the Chief of district court in an urgent circumstance.

After tapping, Chief of KPK has to ask for written permission of the Court District’s Chief in 24 hours before the tapping begins.

Tapping can be held for maximum 3 months since the Court District’s permission is enforce. And the KPK Chief has to receive monthly report of the tapping activity.

The tapping permission can only be extended for one time with the exact period of time.

Report should be accountable to the Chief of KPK no later than 14 days after tapping.  The content of the tapping is confidential with the exception of the interest of justice.

The draft draws critics from the Unit of Legislation Study of House of Representative, saying the mechanism could increase the possibility of information leakage due to the long bureaucracy process. Also could draw conflicts of interest when the corruption case is related to the court.

Legislation Study Unit also added that the period of tapping is relatively short. This impeded KPK on gathering evidences.

Meidyana Rayana Intern Reporter news@theasian.asia