Penanganan Anak ISIS dalam Perspektif Hukum Indonesia

Rapik, Mohamad and Permatasari, Bunga (2020) Penanganan Anak ISIS dalam Perspektif Hukum Indonesia. Undang: Jurnal Hukum, 3 (2). pp. 289-314. ISSN 2598-793

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Abstract

The involvement of children in the ISIS network has left a complex problem in the legal discourse in Indonesia, including how to deal with children involved in this terrorism network. This article aims to expose the problem of children in conflict with the law in the crime of terrorism. Due to this problem, the Indonesian government is often faced a dilemma between the neccessity to apply serious efforts to eradicate terrorism and the obligation to guarantee a protection to the children. Through a juridical-normative approach, focusing on ISIS children, this article demonstrates that one of the problems in dealing with children involved in terrorism networks lies in the vagueness of the rules addressing the children involved in this terrorism network as well as its implementation by the government. Therefore, this article argues that in order to be able to deal with children involved in terrorism networks, some of the legal instruments concerning the issue, especially the law on terrorism and the laws of children in conflict with the law as long as terrorism is concerned needs to be revised just to accommodate this issue in a more obvious norms to actually maintain a balance between the responsibility to protect the children and the need to preserve stability of the nation and state. Under the new revised laws, the government is hoped to work with and apply the provisions regarding children in conflict with the law in the case of terrorism crimes in the frame of justice and protection for children.

Type: Article
Uncontrolled Keywords: anak ISIS; terorisme; penanganan; hukum Indonesia
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Ilmu Hukum
Depositing User: Rapik
Date Deposited: 19 Mar 2021 06:30
Last Modified: 19 Mar 2021 06:30
URI: https://repository.unja.ac.id/id/eprint/18297

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