Actions of Violence in Arresting Suspected Terrorists based on Human Rights Perspective
- March 13, 2019
- Posted by: RSIS
- Category: Law
International Journal of Research and Innovation in Social Science (IJRISS) | Volume III, Issue II, February 2019 | ISSN 2454–6186
Kiky Erlani1, Widodo Tresno Novianto2, Hari Purwadi3
1Student of Graduate School, Sebelas Maret Universiy, Surakarta
2Lecturer of Law Faculty, Sebelas Maret University, Surakarta
3Lecturer of Law Faculty, Sebelas Maret University, Surakarta
Abstract— Terrorism is categorized as extra ordinary crime so that the Police needs extra ordinary actions to overcome it. The actions carried out by the police are still limited by the applicable legal regulations and human rights although it is possible to carry out the discretionary actions. In some cases of arresting terrorists, it has led to actions of violence carried out by the Police so that it leaves the issue of the use of authority, especially involving discretion. This important issue is related to the discretionary boundaries, namely arbitrariness, abuse of power, and necessity of the needed action. To analyze this issue, a legal research with black-letter law paradigm was conducted. The technique of collecting legal materials in this study used library research. The legal materials were analyzed deductively and used interpretation method (hermeneutics). The research results showed that actions of violence carried out by the police in arresting suspected terrorists were allowed if they fulfilled the elements that have existed in the provisions of the laws and regulations. In the context of human rights, practices of violence in arrests are still problematic.
Keywords—- Terrorism, Police, Discretion, Violence, Human Rights
The state has law enforcement tool, in combating terrorism crimes, namely the National Police of the Republic of Indonesia (POLRI) as stipulated in Law Number 2 of 2002 concerning the National Police of the Republic of Indonesia. The police are the frontline in enforcing criminal law so that it is not excessive if the police are said to be a living criminal law. A member of the National Police of the Republic of Indonesia in carrying out their duties and functions of the Police that uses her/his professional ability is limited by the professional code of ethics as the third moral foundation facing various crimes which are her/his responsibility , in addition to the provisions of procedural law (material criminal law).