TINJAUAN YURIDIS TERHADAP PENGGUNAAN UPAYA PAKSA DALAM TAHAP PENYELIDIKAN PADA PEMERIKSAAN TELEPON SELULER MASYARAKAT

Abstract

Constitution gives authority to certain officials to control the individual freedom
and independence in any action. Limitation on individual freedom and independence is
a force action which has to be done to follow the constitution rules. The criminal
procedure code has determined that there are several forced actions that connected
with the occurrence of a criminal act committed by a person, one of which is a inquiry.
The police in conducting searches ignore human rights and ignores the principle of
presumption of innocence, then the law enforcement process will not run effectively. Not
according to proper procedures. We often encounter searches or examinations of cell
phones in the investigation process, such as police, such as police actions in conducting
cell phone checks on the highway at night. There are certain absolute limitations for
investigators to carry out inspections of cell phones, because there are rights for the
person being examined, which is a person’s right to privacy that is protected by laws
and regulations. Of course, in someone’s cell phone there are many privacy things that
should not be allowed to be seen or known by others.
This type of research is classified as normative legal research with the type of
legal principles. In normative legal research, the data source is secondary data
consisting of primary legal materials, secondary legal materials and tertiary legal
materials. The collection of normative legal research data uses data collection
techniques using library research. The data obtained through the literature study will
be analyzed qualitatively. In writing conclusions, the author uses the deductive method
which writes conclusions from a general statement or proposition into a specific
statement.
Based on the results of research and discussion, it can be concluded. First; The
examination of a person’s cellphone by the Ambarita police can be said to be a forced
inquiry. Body inquiry has its own guidelines which are regulated in the National Police
Chief No. 8 of 2009 about the Implementation of Principles and Standards Police
officers are also prohibited from carrying out excssive searches and causing disruption
of the right to privacy being searched. Should be noted that a search only can be done if
a person is strongly suspected of committing a criminal act regulated in the legislation.
Reasonless search results in a violation of a person’s human rights. Second, To search
someone’s cell phone arbitrarily and not according to procedure can be categorized as
a violation of professional ethics.
Keywords: coercion-inquiry-cellphone