The Juridical Analysis of the Death Penalty Implementation for Terrorist Crimes in The Indonesian Legal System

Abstract

Aims: This research examines terrorist crime is a special crime whose regulations were made after the Bali bomb attack. Terrorism is an action that can cause an unconducive security and order situation, as well as damage/destruction/loss to property/public facilities/vital objects/even loss of human life. Implications: It is a threat to every country in the world which requires joint efforts and cooperation to eradicate it. Indonesia as a country that has experienced terrorism has legal norms to participate in efforts to eradicate terrorism. However, there are several substantive weaknesses in Terrorism Law, especially those related to the detailed definition and classification of terrorism as well as its procedural laws which are felt to cause violations of human rights. Method: The research method used in this research is normative legal research methods with a statutory approach, conceptual approach, and comparative studies. The types and sources of legal materials used were primary, secondary, and tertiary legal materials. Results: In particular, for the case of the Bali Bombing I, the Indonesian Government issued Government Regulations in Lieu of Law of the Republic of Indonesia Number 2 of 2002 concerning the Implementation of Government Regulations in Lieu of Law of the Republic of Indonesia Number 2 of 2002 concerning Eradication of Criminal Acts of Terrorism in the Bomb Explosion Incident in Bali 12 October 2002 (which was later enacted as Law through Law of the Republic of Indonesia Number 16 of 2003 concerning Stipulation of Government Regulations in Lieu of Law of the Republic of Indonesia Number 2 of 2002 concerning Implementation of Government Regulations in Lieu of Law of the Republic of Indonesia Number 2 of 2002 concerning Eradication Terrorism Crime).