Upaya Paksa Terhadap Tersangka Terorisme Dalam Perspektif Perlindungan Hukum

• Main Author: Eka Yunita Sari
• Format: Theses and Dissertations NonPeerReviewed
• Language: Indonesian; Indonesian; Indonesian; Indonesian; Indonesian; Indonesian; Indonesian
• Published: 2019
• Subjects: K3154-3370 Constitutional law
• Online Access: http://repository.unair.ac.id/95697/1/1.%20HALAMAN%20JUDUL.pdf; http://repository.unair.ac.id/95697/2/2.%20ABSTRAK.pdf; http://repository.unair.ac.id/95697/3/3.%20BAB%20I.pdf; http://repository.unair.ac.id/95697/4/4.%20BAB%20II.pdf; http://repository.unair.ac.id/95697/5/5.%20BAB%20III.pdf; http://repository.unair.ac.id/95697/6/6.%20BAB%20IV.pdf; http://repository.unair.ac.id/95697/7/7.%20DAFTAR%20PUSTAKA.pdf; http://repository.unair.ac.id/95697/; http://lib.unair.ac.id
• Institution: Universitas Airlangga

This thesis is concerning Coercive Action against Terrorism Suspects from a Legal Protection Perspective. This study is normative legal research that analyzes the concept of coercive action against terrorism suspect by law enforcers with statute and conceptual approach. In statute approach, legislations on criminal procedure and law of combating Terrorism Criminal Act are provided to address this issue. While conceptual approach encompasses legal principles and doctrines which also used to examine this issue. This thesis presents that coercive action against terrorism suspects in Terrorism Criminal Act is not similar to the Criminal Procedure Code. Terrorism Criminal Act defines coercive actions as arrest, detention, search, examination of document, foreclosure and wiretap. In addition, there is pretrial lawsuit against law enforcers when the illegality of arrest and detention occurred. According to Article 25 and 28 on Terrorism Criminal Act, law enforcer who does not implement the arrest and detention in accordance to the procedure is subject to criminal sanction. Those articles create a legal protection for the person who is being accused as terrorism suspect. In conclusion, coercive action has implemented in complex way to terrorist suspect however the legal protection also provided through pretrial institution when the official has conducted arbitrary coercive action which violates the basic of human rights