Erna Dyah Kusumawati
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Journal : Proceeding of the International Conference on Law and Human Rights

Implementation of Legal Protection for Citizenship Rights of Indonesian Former Transnational Terrorism Actors within he Indonesian Legal System Lalu Guna Nugraha; Supanto Supanto; Erna Dyah Kusumawati
Proceeding of the International Conference on Law and Human Rights Vol. 1 No. 2 (2024): December : Proceeding of the International Conference on Law and Human Rights
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/iclehr.v1i2.30

Abstract

This research aims to analyze the implementation of legal protection for citizenship rights of former transnational terrorist Indonesian citizens within Indonesia's legal system. Using normative juridical method with statutory and conceptual approaches, this study examines secondary data from primary, secondary, and tertiary legal materials. The results show that Indonesia's legal system has an adequate legal framework to protect the citizenship rights of former transnational terrorists, although its implementation faces various challenges. The deradicalization program and status verification mechanism implemented by the government have not been fully effective due to inter-institutional coordination constraints and community resistance. Additionally, the study identifies that citizenship status cannot be automatically revoked without proper legal process according to Law No. 12 of 2006 on Citizenship, as terrorist groups cannot be categorized as "foreign military" as specified in the law. This research contributes significantly to the development of returnee handling policies by balancing aspects of national security and human rights protection.