ANTI-TERRORISM LEGAL FRAMEWORK IN INDONESIA: ITS DEVELOPMENT AND CHALLENGES

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Abstract

Indonesia is a nation that has been subject to many of high profile terrorist cases. In relation to this, Indonesia’s legal framework on anti-terrorism contains provisions that have been generally practiced by other countries. After the 2002 Bali Bombing, the Indonesian government issued Government Regulation in Lieu of Law (Perpu) No. 1/2002 on Anti-terrorism and Perpu No. 2/2002 (which made the Perpu No.1/2002 retroactively applicable to the Bali bombings). The parliament adopted both in early 2003 in the form of Law No. 15/2003 and Law No. 16/2003. The Constitutional Court decided that Law No. 16/2003 was in-constitutional, because it was against principle of non-retroactivity stipulated under Article 28I of the 1945 Constitution.
Original languageEnglish
JournalMimbar Hukum
Publication statusPublished - 2013

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