Ratio Legis for Deradicalization Regulation for People Who Have Been Exposed to Radical Ideology of Terrorism in Indonesia

Abstract

The formulation of Law no. 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism explains that in dealing with criminal acts of terrorism, a comprehensive criminal policy that involves all elements of society and stakeholders in Indonesia is needed. The referred comprehensive criminal policy is a policy with an approach to community protection and social welfare. The integration of this approach is formulated in both criminal and non-criminal law with prevention, action, and remedial approaches. A meeting participant who is representatives from the Supreme Court, Salman Luthan, stated that crime is not only a legal problem that must be resolved by criminal law or the criminal justice system but also social problems that must be addressed by other legal, economic, political, socio-cultural, and security defense. The ability of the criminal law or criminal justice system to deal with crimes is limited only to the ability to deal with the systematic symptoms of violations of criminal law. This study uses the Normative Juridical method. The goal to be achieved is to find a comprehensive formula for dealing with terrorism and deradicalization of terrorism crimes in Indonesia. Deradicalization as referred to in article 43 of Law no. 5 of 2018 is carried out through the following stages: identification / assessment; rehabilitation; re-education; and social reintegration.