Investigators' Authority to Conduct Coercive Searches of Electronic Systems Access of Criminal Act Perpetrators Based on Legal Certainty

Abstract

This study aims to examine the authority of investigators in conducting forced searches of electronic systems of non-criminal perpetrators. This study uses a descriptive juridical-normative method. And uses secondary and primary data that study books, journals and combined with interview results. Based on the research that has been done, the following results were obtained: 1.) Investigators have the authority to conduct forced searches of electronic systems. This is explained in Articles 112 and 113 of Law Number 20 of 2025 concerning the Criminal Procedure Code. Forced searches carried out by investigators must have the permission of the chief justice and must also be in accordance with established procedures, supplemented by Law Number 1 of 2024 concerning Information and Electronic Transactions, that legal efforts carried out against a person must still prioritize the privacy of that person and not ignore human rights. However, the fact is that it is not uncommon for there to be cases of searches of a person's electronic system carried out without the permission of the chief justice and without respecting the privacy rights of the perpetrator of the crime. 2.) In the implementation of forced searches of a person's electronic system, there are still several weaknesses, namely weaknesses in terms of regulations and also human resources. The Electronic Transactions and Information Law explains that legal efforts taken against a person can be carried out for law enforcement but must still protect the person's right to privacy. Meanwhile, the Criminal Procedure Code does not clearly and firmly discuss the limits to which investigators can conduct searches of a person's electronic system. Weaknesses also exist in human resources where the lack of infrastructure to conduct searches of electronic systems in accordance with technological advances, the lack of quality and quantity of investigators is also known to be a weakness in conducting searches of a person's electronic system. 3.) The authority of investigators in forced searches of the electronic systems of perpetrators of criminal acts based on legal certainty can be supported by several principles, namely the principle of legality, the principle of proportionality, the principle of due process of law and the principle of not abusing authority, the regulation of the Chief of the Republic of Indonesia National Police Number 3 of 2024 concerning the Appointment and Dismissal of Investigators of the Republic of Indonesia National Police which explains the principles as investigators and the mechanism for appointment as investigators, the principlethe right to privacy. These four principles, police regulations, and principles can assist investigators in securing legal certainty when searching electronic systems of criminals. Indonesia can also learn from and emulate the legal systems of the Netherlands and the United States, namely by upholding human rights and limiting searches to investigating unlawful acts by criminals.