Wiwik Afifah, Muchammad Yulianto, Dan Leomarch I. M

  Kamis, 05 Maret 2020 - 10:49:52 WIB   -     Dibaca: 507 kali

Detention of Terrorism Suspects in the Perspective of Equality Before the Law karya Wiwik Afifah, Muchammad Yulianto, dan Leomarch I. M telah terbit di dalam Advances in Economics, Business and Management Research, Volume 121 - 2020 terindeks Scopus. Dalam penelitiannya mengungkapkan bahwa Indonesia is a state of law as explained in article 1 paragraph 3 of the UUD 1945 Constitution which
stipulates that the Republic of Indonesia is a state based on law. As a constitutional state, it is necessary to
uphold good human rights, certain groups as well as individuals, vulnarable people, etc. One of which is
principle of equal treatment before law of this country described in Article 3 paragraph 2 of Law No. 39 of
1999 concerning Human Rights and Article 28 D paragraph 1 .UUD 1945. But in applying the principle of
equal treatment before law, there are specific criminal acts that are not in accordance with these principles
related to the period of detention, especially in criminal acts of terrorism where the period of detention from
the level of investigation, prosecution and examination in court proceedings is much longer than other special
criminal acts, namely 290 days which are specifically regulated in Law No. 5 of 2018 concerning
amendments to Law Number 15 of 2003 concerning stipulation of regulations Government In lieu of Law
Number 1 of 2002 Regarding Eradication of the Criminal Act of Terrorism into Law. While other specific
criminal acts include corruption, money laundering and narcotics crime related to the period of detention from
the level of investigation, prosecution and examination in a court of law which is regulated based on the
Criminal Procedure Code which has a shorter period of 200 days. Based on this there are differences related
to the period of detention between terrorism and other specific criminal acts. Therefore it needs to be
questioned related to the application of the principle of equality before the law in the criminal act of terrorism.

 


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