Penal Rules for Perpetrators of Terrorism Crimes in The Perspective of Indonesian Criminal Law

Abstract

Terrorism is an extraordinary crime that requires extraordinary treatment. Terrorism has become a global phenomenon that has penetrated almost all countries in the world, including Indonesia. As in other regions, terrorism in Indonesia also has a theological and ideological basis as well as networks so that it has a strong resilience. Until now, terrorism has become one of the serious threats to national security. Terrorism is a theme that invites the attention of many people, especially academics, to study it from various aspects. Acts of terrorism often occur in Indonesia. The event that occurred domestically, which made the image of the Indonesian state unsafe for foreign citizens was in the case of the Bali Bombing. Indonesian people generally condemn these acts. The crime of terrorism resulted in the killing of many victims, which is very contrary to the Qur'an and Law Number 5 of 2018, so that the perpetrator must be sentenced to criminal sanctions or punishment as a result of his actions, namely the death penalty. This study uses a normative juridical approach method, with analytical descriptive research specifications. The data used in this study is secondary data obtained through literature studies, then analyzed qualitatively using law enforcement theory and Islamic justice theory.The result of this study is that the Government has made a new law in an effort to prevent acts of terrorism, namely Law Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning the Stipulation of Government Regulations in Lieu of Law Number 1 of 2002 Regarding the eradication of terrorism crimes into law. Article 6 explains that: "Any person who deliberately uses violence or threats of violence that creates an atmosphere of terror or fear of people at large, causes mass casualties by depriving others of their liberty or loss of life and property, or causes damage or destruction to strategic vital objects, the environment or public facilities or international facilities shall be punished with a maximum penalty of imprisonment short 5 (five) years and paing lama 20 (twenty) years, life imprisonment, or death penalty".