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Siti Marwiyah
Faculty of Law, Universitas Dr. Soetomo Surabaya

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Legal Protection for Female Suspects in the Investigation of Terrorism Offenses Dian Choerun Nisak; Siti Marwiyah; Wahyu Prawesthi
Ipso Jure Vol. 3 No. 9 (2026): Ipso Jure - October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/pcgfh793

Abstract

This study analyzes the investigation of female suspects and the legal protection afforded to women during the investigation of terrorism offenses. It departs from the expanded investigative powers conferred by the Terrorism Eradication Law, particularly concerning intelligence reports, arrest, detention, interception, search, and seizure, which may create tension between national security interests and the protection of suspects’ rights. The study employs normative legal research with statutory and case approaches. Primary, secondary, and tertiary legal materials are analyzed qualitatively through legal interpretation and prescriptive argumentation. The findings indicate that the investigation of female suspects is governed by the Terrorism Eradication Law as special procedural law and by Law Number 20 of 2025 concerning the Criminal Procedure Code as general procedural law. The lex specialis principle applies only to matters that are expressly regulated differently and cannot override suspects’ rights, the presumption of innocence, or the principle of due process of law. The designation of a suspect must be based on at least two items of lawful evidence that are connected to the individual’s own conduct. Legal protection for female suspects includes legal assistance and accompaniment, a prohibition on torture and intimidation, questioning free from gender stereotypes, recorded examinations, reproductive health services, assessments of physical and psychological conditions, consideration of alternatives to detention, judicial oversight of coercive measures, pretrial review, compensation, and rehabilitation. The special nature of counterterrorism measures must remain bounded by the principles of proportionality, accountability, and respect for human dignity.