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

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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.
Community-Based Legal Model for Narcotics Prevention: Protecting Children's Best Interests in Indonesia Kaimudin, Arfan
Jurnal Cakrawala Hukum Vol. 16 No. 3 (2025): December 2025
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v16i3.16934

Abstract

The escalating prevalence of narcotics abuse among children in Indonesia exposes a fundamental legal protection deficit: the structural disjunction between the enforcement-centered orientation of Law Number 35 of 2009 on Narcotics and the protective obligations imposed by Law Number 35 of 2014 on Child Protection and the Convention on the Rights of the Child. Existing legal responses remain predominantly reactive, engaging children only after narcotics exposure has occurred, while the proactive normative architecture necessary for genuine prevention remains underdeveloped. This research employs a normative juridical methodology with statute and comparative approaches to address two questions: how should a community-based approach be legally positioned as a model for narcotics prevention among children under Indonesian positive law, and what is its ideal normative form in accordance with the best interests of the child principle. The analysis demonstrates that the community-based approach constitutes a constitutionally mandated preventive legal model, grounded in Article 104 of the Narcotics Law, Article 59(2)(e) of the Child Protection Law, and Article 28B(2) of the 1945 Constitution. Its ideal normative form integrates seven components: structured community participation, legal education and awareness, family resilience programs, child-friendly environmental infrastructure, cross-sector institutional collaboration, program sustainability and accountability, and restorative justice as the primary remedial response. Legislative reform is recommended to operationalize this model as a binding and durable legal framework for child protection.