CD Skripsi

Analisis Yuridis Penetapan Status Kelompok Kriminal Bersenjata Di Papua Sebagai Terorisme

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ABSTRACT
At first the separatist movements that occurred in Papua were dealt with
through the articles of treason in the Criminal Code (KUHP). However, on April
29, 2021, Coordinating Minister for Political, Legal and Security Affairs Moh.
Mahfud MD, through Press Release No: 72/SP/HM.01.02/POLHUKAM/4/2021,
stated that organizations and people in Papua who commit massive violence are
categorized as terrorists. The determination of the KKB in Papua is not in
accordance with the applicable positive law, so it does not provide legal certainty.
This is because political motives in the Scope of Law Number 5 of 2018 considers
criminal acts of terrorism not as political crimes. The purpose of this study is to
determine how the status of armed criminal groups in Papua is determined as
terrorism in Indonesian criminal law and to find out how the legal consequences
of determining the status of armed criminal groups in Papua as terrorism.
This type of research is normative legal research or library law research.
This normative legal research is a study of the principle of legal certainty, where
the government's policy in determining the status of armed criminal groups in
Papua as terrorism does not provide legal certainty because the policy is not in
accordance with the applicable criminal law. The data sources in this study
consist of primary legal materials, secondary legal materials, and tertiary legal
materials. The technique of collecting data in this normative legal research used
the literature review method. Based on the nature of this research which uses
descriptive analytical research method, the data analysis used is a qualitative
approach to primary data and secondary data.
The determination of the KKB in Papua has no legal certainty because the
government's policy is to determine the KKB in Papua as not in accordance with
the applicable positive law. In a positive legal perspective, the government
(Menko Polhukam) should not have the authority to declare a group in society as
a terrorist organization and should not be considered a political crime. After
establishing the status of the KKB in Papua as, the legal consequence is that
enforcement against these groups will be different from law enforcement in
general as regulated in the Criminal Procedure Code (KUHAP). The government
in determining the status of the KKB in Papua as an act of the government will
abuse its power and not based on applicable regulations. The legal consequences
of establishing KKB in Papua as a crime will make KKB in Papua unable to be
held criminally responsible.
Keywords: Status Of KKB In Papua – Terrorism - Separatism - Political Crimes
- Not In Accordance With Positive Law

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 122 (0010)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2022

Deskripsi Fisik

x, 66 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 122 (0010)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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