Proceedings of the 1st International Conference on Social Sciences (ICSS 2018)

Does Indonesia’s Corruption Eradication Commission (KPK) in Spying People Violate International Human Rights Laws to Protect the Right to Privacy?

Authors
Agung Ali Fahmi, Dodik Pranata Wijaya
Corresponding Author
Agung Ali Fahmi
Available Online October 2018.
DOI
https://doi.org/10.2991/icss-18.2018.259How to use a DOI?
Keywords
KPK, Human rights, Interception
Abstract

The corruption has become a serious focus for Indonesia, particularly since the reform of 1998. Under the Law Number 30 of 2002, theKPK has the authority to spy on people by tapping into their communication lines and records their conversations. By this interception power, the KPK has captured many corruptors in Indonesia. Despite of the KPK’s success, several questions arise: Does Indonesia's Corruption Eradication Commission (KPK) in spying on people violate international human rights laws to protect the right to privacy? How do international human rights instruments determine if the KPK is spying indeed unlawful? Are Indonesian laws consistent with the international human rights principles regarding the right to privacy? For answering those questions, this paper will outline the concept of the right to privacy from several privacy theorists. To determine whether or not the KPK is indeed acting unlawfully, this paper will use the privacy rights theory and the international human rights covenants in examining the right to privacy. The paper argues some of the interception actions done by the KPK, do not comply with the international principles on human rights in electronic surveillance actions. It means Indonesia must improve its laws through adding some articles in order to fully comply with international principles on human rights in electronic surveillance actions.

Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 1st International Conference on Social Sciences (ICSS 2018)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
October 2018
ISBN
978-94-6252-588-7
ISSN
2352-5398
DOI
https://doi.org/10.2991/icss-18.2018.259How to use a DOI?
Copyright
© 2018, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

TY  - CONF
AU  - Agung Ali Fahmi
AU  - Dodik Pranata Wijaya
PY  - 2018/10
DA  - 2018/10
TI  - Does Indonesia’s Corruption Eradication Commission (KPK) in Spying People Violate International Human Rights Laws to Protect the Right to Privacy?
BT  - Proceedings of the 1st International Conference on Social Sciences (ICSS 2018)
PB  - Atlantis Press
SP  - 1233
EP  - 1237
SN  - 2352-5398
UR  - https://doi.org/10.2991/icss-18.2018.259
DO  - https://doi.org/10.2991/icss-18.2018.259
ID  - Fahmi2018/10
ER  -