Bab VI merupakan bab Penutup yang berisi simpulan, saran dan implikasi penelitian baik secara teoritis maupun secara praktis
D. CLOSING Conclusion
Based on various kinds of explanations that have been discussed in this study, it can be concluded several things as follows:
The policy to deal with terrorism in Indonesia receives very serious attention from the government (state). This is because terrorism is a crime of humanity and is an extra ordinary crime, so that evidence of seriousness can be seen from the issuance of Law Number 5 of 2018 concerning amendments to Law
Number 15 of 2003 concerning Establishment of Government Regulations in lieu of Law Number 1 of 2002 concerning Eradication of Terrorism Crimes Act, which is then often referred to as the Law on Combating Terrorism Criminal Acts. The Indonesian government has issued a Presidential Regulation No. 12 of 2012 concerning the National Counterterrorism Agency (BNPT), which is supported by the police through Special Anti-Terrorism 88, plus the power of intelligence, even the involvement of the TNI (Indonesian National Army) with a pattern of Military Operations Other Than War (OMSP) ; On the other hand the Indonesian Ulema Council also confirmed through the MUI fatwa number 15 of 2004 that the law of terrorism is
"haram". This is because the acts of terrorists deviate from the values of the teachings of Islam which are rahmatan lil 'alamin ", and of course violate the values of Human Rights whose values are" humanity "itself.
Weaknesses contained in the implementation of policies on combating terrorist acts include: a). First, the weak coordination between institutions authorized in the field of combating terrorism; resulting in the confusion of
"which institution has the authority to determine victims and issue their rights". Because in Law number 5 of 2018 the institution that has the right to determine victims is an investigator, but until now the data is still confusing where each institution issues data, so it is necessary to establish an institution that has the right to determine victims and issue their rights. b). Second, there is no certainty that the Witness and Victim Protection Agency (LPSK) has been the leading sector of victim protection since the first moment of the
incident. Because in fact, the police who hold "control". c). Third; the police have not / have not determined the radius of the area affected by a bomb explosion in order to fulfill the rights of victims on target. So far, the determination of assistance is only based on physical claims and documents from hospitals that are not strong enough. Law Number 5 of 2018 must be in accordance with the above norm, namely the fourth alenia of the Preamble of the Constitution of the Unitary Republic of Indonesia and the body of Article 28 D.
Reconstruction of policies to combat terrorism in Indonesia based on the values of Islamic law and human rights are:
In the policy of overcoming acts of terrorism in terms of values must prioritize the principles of protection, protection (al maqosidu al shari'ah) and other Islamic legal values, including that: "to achieve the objective it is not permissible to use various means" (al ghoayah la tubarir alwashilah ), ""
Preventing damage / kemadhorotan must take precedence from taking advantage "(dar'ul mafasid muqodammun 'ala jalbi al masholih)," do not make yourself sad and do not endanger others "(laa dhororo walaa dhiroro) and do not violate human rights (human rights) humanist), so that the event of a wrong capture, or a wrong shot does not occur.
As for the reconstruction of norms, Law No. 5 of 2018 concerning the Eradication of Terrorism Crimes, namely:
In article 1 (2): deleting words / sentences "with ideological, political or security interference", because it is feared to occur "a buse of power" and violations of human rights;
Article 43A (2): adding words / sentences "by involving the participation of the community", so that there is a reciprocal process of "take and give" and
"balance" by making the community the subject of countermeasures against terrorism;
Article 43E (3): add words / sentences: "and have representation in provinces and districts / cities that are vertical".
Namely aimed at optimizing the function and role of the government in suppressing and overcoming acts of terrorism in the community;
2. Implications
The results of the analysis and conclusions in this study are as follows:
1). The function and role of the government is not only to arrest or punish terrorists, but rather to be able to prevent acts of terrorism;
2). The government as a full legal authority must serve the community with programs and policies aimed at creating public benefit and prosperity;
3). Deradicalization synergy program between ministries and institutions related to academics and mass organizations as well as elements of society at large
with a mission of empowering patterns and economic independence of former terrorists;
3. Suggestions
The government must make the eradication of terrorism more transparent and inclusive (not only exclusively involving the TNI / Police and BNPT) but also must involve various parties including involving the community. A clearer blueprint for institutional governance, by synchronizing the effectiveness of the roles, authorities and tasks of the various institutions involved by opening up space for non-governmental organizations (CBOs, educational / social institutions) to be actively involved in eradicating and combating terrorism .
Required (soon) to compile national policies that support the existence of Law No. 5 of 2018, with the hope of being able to encourage local governments and other local actors to carry out terrorism prevention initiatives based on the characteristics of the development of terrorism issues in each region in Indonesia by ensuring the involvement of stakeholders at the local level such as community leaders, religious leaders, academics, and others who understand the intricacies of local socio-political characteristics .
The need for an educational curriculum about the dangers of terrorism and the inculcation of nationalism from an early age and environmental and family copyright about the dangers of terrorism and the correct alignment of the meaning of "jihad" (for those who are Muslims);
It is necessary to build a place of rehabilitation (recovery) of terrorist prisoners with a system of development and empowerment in accordance with the values of Islamic law and human rights;
Rehabilitation of ex-terrorist inmates must comprehensively cover all aspects or dimensions, and not only limited to religious - spiritual (deradicalisation), psychological, and educational rehabilitation, but must include educational, vocational, family and social, recreational, and artistic dimensions as well as capital.