KEKUATAN ALAT BUKTI REKAMAN SUARA DALAM PROSES PEMBUKTIAN TINDAK PIDANA KORUPSI DI INDONESIA

Abstract

Corruption is a problem for every country, therefore there is one
institution that has the authority to deal with and deal with this problem, in
Indonesia this institution is called the Corruption Eradication Commission. The
Corruption Eradication Commission is an independent institution specifically set
up to handle corruption cases that are equipped with a set of authorities in
carrying out investigative, investigative and prosecuting duties, the KPK is given
the authority to carry out interception or tapping and record conversations. Proof
is the most important thing to look for justice. Basically, the law has been based
on it all, but the practice of proof in the field is not necessarily the reality that
should be. In uncovering a corruption case in Indonesia, the use of sound proof
evidence has been valid with the legal basis of Law Number 19 Year 2016
concerning ITE, so that it can be known the importance of evidence evidence,
especially voice recording evidence for disclosure of corruption cases in the
Republic of Indonesia in assisting the KPK in dealing with corruption cases.
The purpose of this thesis is; first, to find out the strength of sound proof
evidence in the process of proving corruption in Indonesia; second, to find out the
legal consequences of sound recordings obtained by illegitimate means in the
process of proving corruption in Indonesia.In writing this thesis the author uses
normative research methods that emphasize the principles of law, namely the
principle of legality, then analyzed qualitatively and make conclusions with
deductive methods.
The research results of the author are; first, actually the institution
authorized in wiretapping has been explained in the law is the KPK official legal
basis for Article 12 paragraph (1) Law 30 of 2002 concerning the Corruption
Eradication Commission. KPK tapping at the investigation level is conducted to
find sufficient initial evidence to be able to proceed to the stage of investigation
and legal subjects that can be subject to tapping are suspects in corruption.
Second, proof is a form of seeking justice for every human being in the eyes of the
law, proof is a way to convince a judge so that he can determine and realize the
truth in his verdict, using legal evidence that has been determined by law.
Keywords: Eradication of Corruption-Proof-Ham Commission.