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All Journal Journal of Research in Social Science and Humanities Journal of Strafvodering Indonesian Journal of Strafvordering Indonesian
Bonari Tua Silalahi
Universitas Pembangunan Panca Budi
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Social Sciences Other

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Criminalization of Perpetrators of Terrorism: A Criminal Law and National Security Approach Jesslyn Elisandra Harefa; Yasmirah Mandasari Saragih; Fauzan Fauzan; Bonari Tua Silalahi; Ireny Natalia Putri Sihite
Journal of Strafvordering Indonesian Vol. 1 No. 5 (2024): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/22m8jx80

Abstract

The crime of terrorism is a serious threat that can undermine the political, social, and economic stability of a country, especially in Indonesia. Its handling involves various approaches, including criminal law and national security policy. Law No. 5/2018 is the main legal basis in eradicating terrorism, providing broad authority for law enforcement officials in taking action against perpetrators. This research aims to evaluate the application of criminal law and national security approach in combating terrorism in Indonesia. A juridical-normative approach is used in analyzing data obtained through interviews with law enforcement officers, BNPT officials, and legal experts, as well as the study of related literature. The results show that although law enforcement against terrorism perpetrators in Indonesia has been implemented with severe criminal sanctions, the main challenge lies in the rehabilitation and deradicalization of perpetrators. Non-optimal deradicalization program has the potential to fail in reducing potential long-term threats. In addition, monitoring the funding of terrorism and the use of digital technology are important elements in prevention. Therefore, law enforcement must be carried out with due regard to human rights principles, involving collaboration between various institutions as well as educational and religious-based approaches. Success in combating terrorism requires a comprehensive strategy and good coordination between the government, society, and international institutions..
Criminalization of Perpetrators of Terrorism: A Criminal Law and National Security Approach Jesslyn Elisandra Harefa; Yasmirah Mandasari Saragih; Fauzan Fauzan; Bonari Tua Silalahi; Ireny Natalia Putri Sihite
Journal of Strafvordering Indonesian Vol. 1 No. 5 (2024): JOSI-NOVEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/22m8jx80

Abstract

The crime of terrorism is a serious threat that can undermine the political, social, and economic stability of a country, especially in Indonesia. Its handling involves various approaches, including criminal law and national security policy. Law No. 5/2018 is the main legal basis in eradicating terrorism, providing broad authority for law enforcement officials in taking action against perpetrators. This research aims to evaluate the application of criminal law and national security approach in combating terrorism in Indonesia. A juridical-normative approach is used in analyzing data obtained through interviews with law enforcement officers, BNPT officials, and legal experts, as well as the study of related literature. The results show that although law enforcement against terrorism perpetrators in Indonesia has been implemented with severe criminal sanctions, the main challenge lies in the rehabilitation and deradicalization of perpetrators. Non-optimal deradicalization program has the potential to fail in reducing potential long-term threats. In addition, monitoring the funding of terrorism and the use of digital technology are important elements in prevention. Therefore, law enforcement must be carried out with due regard to human rights principles, involving collaboration between various institutions as well as educational and religious-based approaches. Success in combating terrorism requires a comprehensive strategy and good coordination between the government, society, and international institutions..
Juridical Analysis of the Implementation of Law Number 9 of 1998 on Freedom of Expression in Public (Case Study Period 2020-2025) Bonari Tua Silalahi; Ismaidar Ismaidar
Journal of Research in Social Science and Humanities Vol 6, No 2 (2026): June
Publisher : Utan Kayu Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/jrssh.v6i1.636

Abstract

This research aims to examine the position and implementation of Law Number 9 of 1998 on Freedom of Expression in Public within Indonesia's national legal system, focusing on the 2020-2025 period as a post-pandemic democratic transition phase. Freedom of expression is a constitutional right guaranteed by the 1945 Constitution, yet violations by law enforcement officers frequently occur in practice. This research employs a normative juridical method with statutory, conceptual, and case approaches. The results indicate that although Law No. 9 of 1998 normatively guarantees citizens' rights to express opinions in public, its implementation during 2020-2025 still faces various challenges. Data from Komnas HAM and YLBHI show an increase in violation cases from 42 cases in 2020 to 67 cases in 2023. Law enforcement officers often act repressively, misinterpret notification procedures, and demonstrate weak supervision of rights violations by authorities. Therefore, legal reform, capacity building for officers, and strengthening of supervisory institutions like Komnas HAM are needed to guarantee constitutional rights.
Co-Authors Fauzan Fauzan Ireny Natalia Putri Sihite Ismaidar Ismaidar Jesslyn Elisandra Harefa Yasmirah Mandasari Saragih