PERLINDUNGAN HUKUM BAGI KORBAN TINDAK PIDANA PENYADAPAN TERHADAP DATA PRIBADI

Abstract

 Indonesia is a country of law where this has been stated in Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia which reads "The State of Indonesia is a State of Law". The legal state of Indonesia is a country of law based on the values of Pancasila which is the philosophy and basis of the state. Pancasila, which is the basis of the state, must be the source of law from all existing legal regulations, which means the law that is in power and becomes the norm and rule for the state, it also means ensuring legal certainty for Indonesian citizens. Based on the formulation of the problem that has been explained, in this study, the researcher uses a normative juridical research method in which the researcher examines data by obtaining from library materials to analyze legal norms applicable in the laws and regulations of the Republic of Indonesia relating to legal protection for victims of wiretapping of personal data. In accordance with the chronology and facts of the trial that the accused has clearly committed an unlawful act judged from Article 28G paragraph (1) which reads wiretapping is an unlawful thing thus the defendant's conduct has violated the law and provided harm to the victim in the form of trauma that has an impact for many years where the judge is not wise in imposing criminal sanctions on the accused and does not think about the impact on the victim. With the qualification of criminal sanctions given by the judge, it is very unfair to the victim where the loss or shame felt by the victim cannot only be with a period of 1 year 2 months but can be years.