I Made Yogi Astawa
Universitas Warmadewa

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Tinjauan Yuridis terhadap Penegakan Tindak Pidana Terorisme Ditinjau dari “Asas Presumtion of Innocence” dan “Presumtion of Guilt” I Made Yogi Astawa; I Made Minggu Widyantara; Ni Made Sukaryati Karma
Jurnal Preferensi Hukum Vol. 1 No. 1 (2020): Jurnal Preferensi Hukum
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (663.662 KB) | DOI: 10.22225/jph.1.1.1974.113-119

Abstract

Terrorism is an act that uses violence or threat of violence. Thus, law enforcement against criminal acts of terrorism is carried out with the Indonesian Criminal Justice System, with the operation of criminal justice systems ranging from the level of investigation, prosecution, justice to Prisoners in Penitentiary institutions into a single unit of the criminal justice system that enforces legal rules related to criminal acts of terrorism based on the principles of "Presumtion of Innocence" and "Presumtion of Guilt". This study aims to determine the prevention of criminal acts of terrorism in terms of the principle of the Presumtion of Guilt and efforts to enforce criminal acts of terrorism in the perspective of the principle of the Presumtion of Innocence. This type of research is Normative research type. In this paper it can be concluded that the enforcement of criminal acts of terrorism can be done through preventive measures by preventing the first occurrence of criminal acts of terrorism and repressive efforts by carrying out law enforcement efforts against suspects or defendants of criminal acts of terrorism. The enforcement of criminal acts of terrorism based on the principle of the Presumtion of Innocence has been aligned and implemented with the criminal justice system and preceded by the existence of two pieces of initial evidence so that no procedural defects occur and result in human rights violations.