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YLBHI Calls for Limits on Wiretapping Powers as Indonesian Lawmakers Eye December Talks

The Indonesian Legal Aid Foundation (YLBHI) is urging lawmakers to put privacy protections and independent oversight at the center of a wiretapping bill, citing the illegal surveillance case involving President Prabowo Subianto. House Commission III Chairman Habiburokhman said debate could begin in December 2026, after work on the asset confiscation bill is finished.

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Safeguards against surveillance abuse

In a press release quoted by Kompas.com on November 5, YLBHI said the case demonstrated the urgency of legislation that constrains surveillance powers. The wiretapping carried out by former National Police chief Listyo Sigit Prabowo also targeted media outlets, community organization leaders and nongovernmental organizations.

"The wiretapping law must limit power and protect citizens. This issue highlights the need for a wiretapping law based on human rights," YLBHI said.

The foundation cited Constitutional Court Decision No. 5/PUU-VIII/2010, which requires wiretapping procedures to be governed by law. It warned that surveillance without limits infringes on privacy and human rights.

YLBHI wants the legislation to specify the limited purposes for which wiretapping is permitted, require grounds for each individual authorization and place approval under an independent authority. Its proposed safeguards also include time limits, protection for confidential communications, oversight of the use of intercepted material and remedies for victims.

Emergency wiretapping should have clear rules and remain subject to independent scrutiny, the foundation said. It also called for the law to cover communications content, metadata, access to devices and other surveillance technologies, preventing authorities from evading restrictions by renaming activities or changing methods.

"Every access must be recorded in an audit system that is protected from manipulation. Abuse must be accompanied by effective sanctions," YLBHI said.

Three suspects and allegations of deleted logs

Police announced on November 3, 2026, that they had named three suspects: Listyo Sigit Prabowo, the presidential chief of staff and former National Police chief; Inspector General Ahrie Sonta Nasution, head of the National Police's legal division; and Inspector General Eko Hadi Santoso, a Level I senior police instructor at Sespim Lemdiklat Polri. A fourth person, identified only as SU, remained under examination as a witness, Kompas.com reported.

Commissioner General Asep Safrudin, chief of the National Police's Criminal Investigation Department, said investigators had examined 10 witnesses and three experts before naming the suspects.

According to Asep, the suspects allegedly ordered interceptions during 2025 and 2026 without investigators' request letters or accompanying police reports. He said the surveillance was unrelated to law enforcement and disregarded National Police Chief Regulation No. 5 of 2010, which governs wiretapping procedures.

The alleged method involved entering phone numbers into the Lawful Interception Management System (LIMS) without verification. Asep said the suspects also allegedly ordered the interception logs deleted in October 2026.

December talks remain an estimate

Speaking at the Parliament Complex in Jakarta on November 5, Habiburokhman said the wiretapping bill was still being drafted and had not reached the discussion stage. The Gerindra Party politician said lawmakers would first complete the asset confiscation bill, with discussions on wiretapping potentially starting in December.

He said the proposed law would make wiretapping rules stricter and clearer. "Citizens' rights should not be compromised by unlawful wiretapping," he said.

Habiburokhman also said Commission III had studied other countries' approaches to regulating wiretapping, including the U.S. Watergate scandal. According to Bisnis.com, he suggested the current case could become an Indonesian Watergate if investigators establish that the surveillance was conducted for political interests.

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