Provisions of Legal Protection for Terrorism Victim in Order to Realize Constitution Order

Ismail Koto (Faculty of Law, Universitas Muhammadiyah Sumatera Utara, Indonesia)
Taufik Hidayat Lubis (Faculty of Law, Universitas Muhammadiyah Sumatera Utara, Indonesia)
Soraya Sakinah (Master Of Laws Leiden University, Netherlands)

Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Vol. 5 Issue 2 (2022) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi

The purpose of this study is to find out how to provide legal protection for victims of terrorism crimes in order to realize constitutional orders. The type of this research is descriptive analytical. This research is carried out by examining theories, concepts, legal principles, the systematics of laws, legal comparisons and legal history, and synchronization of laws and regulations. Terrorism can happen anytime, anywhere, and happen to anyone indiscriminately. The damage caused by acts of terrorism is enormous. The rise of terror that occurred with many victims has proven that terrorism is a crime against human values. Terror has proven as a matter of fact as a tragedy over human rights. The physical impact caused by terrorism is not only on those who are targeted but also on victims who do not know and are not related to the target of the terrorist. Article 35A, paragraph 1 under Act No. 5 of 2018 stated that “Victims are state responsibility”. By the presence of state to handle terrorism’s victim, it is hoped that more targeted and equitable rights of all victims affected by an act of terrorism.