This research will be analyzed from the perspective of constitutional law by tracing legal material in the form of statutory regulations. In the name of justice, the legal status and treatment given by the state to Indonesian citizen Ex-ISIS and ISIS Ex-Indonesian citizen should be different. The difference between Indonesian citizen Ex-ISIS and ISIS Ex-Indonesian citizen can be classified based on their position in the ISIS organization.
61 Unaesah Rahmah, "Islamic State's Role of Women in the Dynamics of Terrorism in Indonesia". An Overview in the Perspective of National Law and International Law”, Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol. 70 The trial in absentia against ISIS ex-WNI must then be regulated in the Anti-Terrorism Law.
Isnilon is also believed by military forces to be the leader of ISIS in the Philippines.
Indonesian Citizens Who Had Joined ISIS According To
Indonesian Citizens Who Had Joined ISIS According To
For example, democracy is a manifestation of the existence of a majority vote (majority), which has the greatest power in decision-making. The constitution of the state of Indonesia, which is structured in the form of the state of the Republic of Indonesia, with popular sovereignty.85 The theory of popular sovereignty introduced by Jean Jacques Rousseau (JJ Rousseau) claims that the people is meant not the sum of individuals (volonte de tous) within the state , but a unity formed by individuals who have a will. The principle of consent of the governed, which is based on political philosophy, deals with the idea that the legitimacy of government and the moral right to exercise state power are proper and legal only if approved by the people and society in which the political power is exercised.
In fact, a survey conducted by Saiful Mujani Research and Consulting (SMRC) found that less than 10% of the Indonesian population agreed with the idea of replacing the Pancasila state base and the 1945 constitution with a caliphate, as sought by a group that he calls ISIS and Hizbut Tahrir Indonesia (HTI).90 This shows that ISIS is not compatible with the theory of popular sovereignty and the principle of the will of the people practiced in Indonesia. According to Article 30(1) of the Indonesian Constitution, every citizen has the right and must participate in the defense and security efforts of the country. Conflicts between groups can seriously threaten the functioning of state functions, but they do not threaten territorial integrity.
95 Article 46 of the Flag, Language, State Emblem and Anthem Law: “The emblem of the Unitary State of the Republic of Indonesia shall be in the shape of Garuda Pancasila with its head turned straight to the right, while a heart-shaped shield hangs from a chain around Garuda's neck, and the motto Bhinneka Tunggal Ika written on a ribbon held by Garuda. This motto is used to describe the unity and integrity of the nation and the unitary state of the Republic of Indonesia.” ISIS ex-Indonesian citizens have burned their Indonesian passports,100 as a symbol that they no longer wish to be Indonesian citizens,101 meaning that they have eliminated their status and identity as citizens, have broken the law and are no longer willing to participate the Republic of Indonesia, and ignores all legal consequences of their actions.
Ex-Indonesian citizens of ISIS firmly and explicitly declared themselves as ISIS members, accepted the ISIS ideology and became part of the ISIS war.102 Ex-Indonesian citizens of ISIS, take their oath of allegiance to the ISIS ideology, have betrayed the Pancasila ideology, the 1945 Constitution of the Republic of Indonesia, and no longer want to be part of the Unitary State of the Republic of Indonesia. 104 In accordance with the Indonesian Constitution, every Indonesian citizen has the right and duty to participate in the defense of the state.105 Every citizen has the right and duty to participate in the defense and security of the state.106 On the contrary, ISIS Ex-Indonesian Citizens do not defend the unitary state of the Republic of Indonesia, but instead want to form an Islamic state (caliphate) based on ISIS ideology.107 ISIS claims that terrorist attacks in Indonesia are acts of jihad against a government that does not apply Islamic law. or is called toghut.108 b. And one thing that is a consequence of jihad is that the women and children of the disbelievers will become slaves of Muslims.111.
Indonesian Citizens Who Had Joined ISIS According To Law
Law on Dealing with Social Conflict126 ISIS hostility towards people with different ideologies can lead to social conflicts. 123 Sumawiharja and Adis Imam Ismunandar, loc. cit. .. 125 Article I Number 8 Amendment to Electronic Information and Transactions Act 126 Act Number 7 of 2012 Regarding the handling of social conflict. 127 Article 5 letter b of the Act on the Handling of Social Conflicts 128 Article 7 of the Act on the Handling of Social Conflicts.
Community organizations infiltrated by ISIS ideology violated the prohibition in Article 59 paragraph (3) letter a, b, c and paragraph (4) letter b and c of the Law on Community Organizations. Community organizations are prohibited from:133 b) carrying out separatist activities that threaten the sovereignty of the Republic of Indonesia;. 130 Considerations Consideration of letter d of Community Organizations Act 131 Article 59 paragraph (3) letter a, b, c of Community Organizations Act.
138 Article 236 paragraph (2) of the Government Decree on the Implementing Regulations of Immigration Law: “In addition to these reasons, deterring a person may also take place on the basis of other immigration reasons, such as (a) known or suspected involvement in organized transnational crime; (b) show hostility towards the Government of Indonesia or commit acts that bring discredit to the nation and state of Indonesia; (c) is suspected of committing acts contrary to security and public order, decency, religion and customs of the. In addition, the technical rules for implementing deterrence are clarified in the Government Regulation (PP) on Regulations for the Implementation of the Immigration Law. Based on the provisions of Article 236, paragraph 2, letter a, this regulation states that the involvement of a person in organized transnational crime is one of the reasons for deterrence.138 ISIS can be categorized as part of transnational crime.
ISIS and where it stands today as the most formidable terrorist organization of the 21st century.149 The United Nations declares ISIS a terrorist organization, based on UN Security Council Resolution No. The resolution defines FTFs as "individuals who travel to another state than their State of Residence or nationality for the purpose of carrying out, planning or preparing for or participating in acts of terrorism or providing or receiving terrorist training, including in connection with armed conflict", further noting that FTFS increases the intensity, duration, and complexity of conflicts and may pose a serious danger to their States of origin, transit, destination, which. The former ISIS Indonesian nationals may be charged under Indonesian law as stated in Article 3: This regulation applies to anyone who commits or intends to commit a criminal terrorist act in the territory of the Republic of Indonesia and/or other countries that also have jurisdiction and indicate their intention to prosecute the perpetrator.
Reformulation of Regulations on Indonesian Citizens Who Had
Therefore, those who are members of the ISIS army lost their citizenship because they joined the service of a foreign army.166. ISIS members lost their Indonesian citizenship status because ISIS was a rebel against the legitimate government.167 One of the goals of ISIS is to overthrow the legitimate government in Syria and Iraq. Article 23(f) of the Citizenship Act, which applies in addition to the country, also includes the term "part of a foreign country".
What is meant by 'a part of a foreign country' is an area under the jurisdiction of the foreign country in question. ISIS is a rebel in Syria and they use terrorist methods to replace Syria and Iraq.169 The name ISIS contains the names of 2 countries, namely Syria and Iraq, that have jurisdiction, with ISIS occupying the areas under the jurisdiction of the two countries fall. , so ISIS meets the requirements of this clause. Furthermore, Article 16 of the Citizenship Act applies: The oath or declaration of allegiance referred to in Article 14 paragraph (1) reads: The person who takes the oath pronouns it.
The oath is as follows: I swear by Allah/God Almighty that I will renounce all my allegiance to foreign powers, recognize, submit to and be loyal to the one-state Republic of Indonesia, Pancasila, and the Constitution of the Republic of Indonesia 1945 and will defend it earnestly and sincerely and honestly fulfilled the obligations imposed on me as an Indonesian citizen by the country. Those who declare their Oath of Allegiance shall recite their Oath of Allegiance as follows: I promise to renounce all allegiance to, acknowledge, submit to, and be loyal to the United State. The Republic of Indonesia, Pancasila, and the Constitution of the Republic of Indonesia Year and I will seriously - seriously defend it and I will honestly and sincerely fulfill the obligations that the country has imposed on me as an Indonesian citizen.
2 oath of allegiance to the imam (leader).171 ISIS bai'at is defined as the giving of an oath of allegiance or confirmation as a member or part of ISIS.172 In Islam, bai'at is not only a ceremonial initiation/appointment, but a sacred ritual. Identifying and structuring the targets of the Islamic State of Iraq and the Levant (ISIL) and its supporters”. Government Regulation on the National Emblem) Undang-undang Nomor 11 January 2008. tentang Informasi dan Transaksi Elektronik.
- UU No. 15 Tahun 2003 tentang Penetapan Peraturan Pemerintah Pengganti UU No. 1 Tahun 2002 tentang Pemberantasan Tindak Pidana Terorisme dalam Undang-Undang. Peran Perempuan ISIS dalam Dinamika Terorisme di Indonesia.
