CRIMINAL LIABILITY AND THE APPLICATION OF MENS REA IN THE CRIMINAL OFFENSE OF INTERCEPTION IN INDONESIA

The purpose of this thesis research is to know and analyze the discovery of criminal liability related to mens rea in interception crime, and to know and analyze the formulation of future norms on criminal liability arrangements related to mens rea in interception crime. The formulation of the problem is how is the regulation of criminal liability related to mens rea in the crime of interception? and how is the formulation of future norms regarding the regulation of criminal liability related to mens rea in the Crime of Interception? The research method used in this research is normative juridical which reveals that normative legal research or doctrinal legal research is research - research on law that is conceptualized and developed on the basis of the doctrine adopted by the conceptualizer or its development. In this research, the approaches that will be used are conceptual approach, statutory approach, and comparative approach. Analysis of legal materials is carried out after all legal materials have been collected and then analyzed juridically normative. The analysis is carried out by evaluating legal norms based on the constitution on developing problems as a process to find answers to the main problems. Analysis of legal materials is carried out by Inventory Techniques, Systematization Techniques, and Interpretation Techniques. The result of this research is that it is necessary to distinguish mens rea against the perpetrator witness who conducts interception or wiretapping so that his actions cannot be categorized into criminal liability, and there is a need for special protection for people who conduct interception or wiretapping in the public interest against certain criminal acts, such as corruption, trafficking in persons, money laundering, and other special criminal acts.