the comparative study on the principle of guilt in wiretapping in indonesia and the netherlands

This study aims to reveal the different principles of guilt in uuu ite, rkuhp, and ruu penyadapan, and the principle of guilt in the penalization of wiretapping according to criminal law policy. this is normative research using the prescriptive analytics. this library research employed conceptual approach, statuary approach, as well as comparative approach. it was concluded that there are different provisions on the principle of guilt in indonesia and the netherlands. furthermore, uu ite, rkuhp and ruu penyadapan contain the phrase “dengan sengaja”, while wetboek van strafrecht still contains the phrase “dengan sengaja”.