Suchergebnisse

A consistent criticism of the criminal justice system in Indonesia is that it is a dysfunctional judicial system plagued by systemic corruption and government interference. Consistency in sentencing decisions in terrorism offences is especially important given the high profile of these crimes and the severity of the punishment. Yet there have been very few evidence-based studies of sentencing in Indonesian courts and none in relation to terrorism offences. The aim of this study is to identify the factors that contribute to sentencing of terrorism offences in Indonesia through the interpretive lens of Southern criminology. This thesis examines 127 terrorism verdicts produced by Indonesian courts between 2002 and 2016. It undertakes a multi-dimensional approach of historical, legal and empirical analyses to provide an in-depth understanding of factors that affect sentencing decisions in terrorism cases. The historical analysis explains that prosecutions for terrorism today includes both radical Islamists, minority extremists and separatist groups willing to use violence against the state and society to achieve their goals. Legal analysis further explains how the existing sentencing regimes provide limited guidance for judges in determining punishment for terrorist offenders yet often result in a jail term of more than 10 years. The empirical findings show that the greater the harm to victims or property, the more severe the sentence length is likely to be. The qualitative analysis further explains that judges use their discretion to avoid the minimum mandatory sentence in specific circumstances, such as in the case of juvenile offender. A Southern criminology approach helps explain terrorism sentencing in the broader historical, legal, and socio-political contexts. The enduring impact of colonialism, authoritarianism, and the 'war on terror' discourse shape the way the laws are written and how judges determine the sentences of terrorism offences. These elements have to be understood as essential contextual factors ...

Gender-based counterterrorism in Indonesia still has not yet obtained greater attention from policy stakeholders. The role of women in handling terrorism cases is still lacking and results in the absence of gender sensitivity. This research aims to analyse regulations regarding policies on terrorism that are spread out not only at the level of laws but also at a more technical level of regulations. This research also involves the analysis on the urgency for policy regulation for gender-based counterterrorism. This research combines both legal/juridical-normative research and juridical-empirical/socio-legal research. The results of this research indicate that counterterrorism regulation in Indonesia is still general or gender-neutral. From an institutional perspective, the institutions that handle the criminal act of terrorism, which are the National Counter-Terrorism Agency (BNPT) and Special Detachment 88 for Anti-Terrorism (Densus 88 AT), have not accommodated a gender perspective. Consequently, the involvement of female law enforcement officials is still limited. Further, the issue of "silo mentalities" among these institutions has resulted in partial counterterrorism policies that are issued by each institution. Policy stakeholders should cooperate with other government institutions and increase the involvement of women in counterterrorism strategies to ensure that counterterrorism policies integrate a gender perspective.

Children are the nation's assets and the next generation's state. Every child has the same human rights as humans in general, as is constantly reported in the mass media about cases of child sexual abuse that need to get an important spotlight for the law to act as soon as possible. Criminal penalties for perpetrators of sexual violence as stated in the Criminal Code and the Child Protection Act are considered ineffective, so the Government passed PERPU No. 1/2016 into UU 17/2016, which applies punishment for perpetrators of sexual violence crimes, including by chemically imposing castration. Arrangements on child sexual intercourse are also regulated in Child Protection Act No.35 of 2014. About the criminal acts of sexual violence against children in articles 76D, 76E and in KUHP, several articles protect children against sexual violence; protection of children is indicated by the provision of criminal punishments for perpetrators. Sexual violence crimes in Indonesia are increasing every year.