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MOTIF IDEOLOGI, POLITIK, KEAMANAN: TINJAUAN ASPEK PEMBUKTIAN DALAM TINDAK PIDANA TERORISME DI INDONESIA Saragih, Yasmirah Mandasari; Assegaf, Tengku Muhammad Reza Fikri Dharmawan; Pangaribuan, Christine Natalia; Aruan, Yulia Christy Shintara; Silalahi, Bonari Tua
Collegium Studiosum Journal Vol. 8 No. 1 (2025): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v8i1.1620

Abstract

Law Number 5 of 2018 concerning Terrorism (Law No. 5/2018) incorporates the element of motive ideology, politics, or security disturbance within the definition of terrorism, signifying a crucial assertion in Indonesian penal policy. This research, employing a normative juridical method with statutory, conceptual, and limited secondary data-based case analysis approaches, scrutinizes the fundamental problematics associated with said motive element. The findings indicate that the absence of an operational definition for the motive phrase in the Law's elucidation engenders ambiguity. Regarding its legal status, it remains debatable whether it functions as a general qualification or a constitutive element of the offense (delict) that necessitates proof under each criminal provision. Furthermore, the substantiation of subjective motive presents a significant challenge in judicial practice. Consequently, the implementation of this motive element potentially fosters legal uncertainty and the risk of subjectivity in law enforcement. This study recommends limited amendments to the Law, the issuance of interpretative guidelines by the Supreme Court, and internal directives for law enforcement agencies to ensure legal certainty and the observance of Human Rights in combating terrorism.
Analysis of Strain Criminology Theory on Perpetrators of Falsification of Population Administration Documents in Accordance with Law Number 23 of 2006 Aruan, Yulia Christy Shintara; Ramadani, Suci; Rahmayanti , Rahmayanti
Blantika: Multidisciplinary Journal Vol. 3 No. 11 (2025): Special Issue
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/blantika.v3i11.444

Abstract

The falsification of population administration documents is a form of crime that has serious implications for state administrative order and legal protection of society. This phenomenon can be analyzed through the strain criminology theory, which emphasizes social, economic, and structural pressures that drive individuals to commit deviant acts. This study aims to analyze the motives and driving factors of perpetrators of falsification of population administration documents using the perspective of strain theory, and to examine its relevance within the framework of Indonesian positive law, particularly Law Number 23 of 2006 on Population Administration. The research method used is normative juridical, by examining statutory regulations, criminological literature, and legal doctrines. The analysis shows that falsification of population documents is generally driven by economic pressure, limited access to administrative services, and certain social needs that cannot be fulfilled legally. From the strain perspective, these conditions generate tension that drives perpetrators to seek shortcuts through falsification. Meanwhile, Law Number 23 of 2006 explicitly regulates prohibitions and criminal sanctions against the falsification of population documents, although its enforcement still faces obstacles in prevention and law enforcement. Therefore, synergy between criminological and juridical approaches is needed to address this crime, namely by strengthening population administrative services, increasing legal awareness among society, and implementing both penal and non-penal policies in a balanced manner.