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Ahmad Bastomi
Faculty of Law, the University of Vienna

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The Basic Idea of the Attentat Clause in Terrorism Related Criminal Offenses Sunardi; Arfan Kaimudin; Rizki Akbar; Ahmad Bastomi
Jurnal Suara Hukum Vol. 8 No. 1 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v8n1.p78-100

Abstract

The application of the attentat clause in terrorism-related crimes mainly emerges in extradition proceedings, where perpetrators often invoke political motives to avoid surrender under the political offense exception, thereby hindering international cooperation. Essentially, the attentat clause affirms that murder or attempted murder of a head of state or other protected persons cannot be classified as political crimes, but rather as serious ordinary crimes with transnational implications. This study examines the legal implications of divergent national regulations on the attentat clause in the extradition of terrorism offenders, with particular attention to human rights protection. Employing a normative juridical method through statutory and comparative approaches, the research is supported by literature review and analysis of relevant legal materials. The findings show that Indonesia’s regulation of the attentat clause is broadly aligned with international legal principles that recognize terrorism as a universal crime and reject the political offense exception. However, discrepancies between Indonesia’s legal framework and those of several other states may generate legal uncertainty and weaken Indonesia’s effectiveness and bargaining position in extradition processes. The novelty of this research lies in integrating the core concept of the attentat clause with comparative analysis and its practical implications for extradition, while emphasizing human rights considerations. Accordingly, harmonization between the Terrorism Law and the Extradition Law concerning the attentat clause is necessary to ensure legal certainty and uphold human rights in extradition proceedings.
Rehabilitation as an Alternative to Criminal Justice for Children Who Use Narcotics Arfan Kaimudin; Sunardi; Rizki Akbar; Hisbul Lutfhi Ashsyarofi; Ahmad Bastomi
Jurnal Suara Hukum Vol. 8 No. 2 (2026): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

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Abstract

Children who use narcotics for personal consumption remain vulnerable to imprisonment because Indonesia’s legal framework has not yet provided a clear and consistent basis for access to rehabilitation. This study aims to analyze the criminal policy on rehabilitation for children who abuse narcotics and to formulate a rehabilitation model as a form of recovery independent of criminal punishment. This research employs a normative legal method using statutory and comparative approaches. The findings indicate that diversion, integrated assessment, and rehabilitation have been recognized within the existing legal framework; however, their implementation remains fragmented and dependent on the criminal justice process. Rehabilitation should therefore be positioned as a recovery mechanism independent of criminal punishment for children who use narcotics for personal consumption and are not involved in illicit drug trafficking. Accordingly, harmonization of the legal framework is required by clarifying the legal status of children who abuse narcotics, strengthening multidisciplinary assessment from the earliest stage, and ensuring rehabilitation that is oriented toward the best interests of the child and the protection of children’s rights.