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Terrorism is a crime that is a major threat to the maintenance of every country that poses a danger to security, world peace, and harms the welfare of society. This is inseparable from the suffering of victims of crimes who need legal protection from the state. The purpose of this study is to compare forms of legal protection in the normative and empirical settings given to victims of criminal acts in Indonesia and India. This study uses a qualitative research method with an empirical juridical approach and descriptive analytical research specifications. The research was conducted at the National Counter-Terrorism Agency, Jakarta and the India Center for Victimology and Psychological Studies, New Delhi. The data used include primary data and secondary data. Methods of collecting data through interviews and literature study. The data obtained is processed by data reduction, data display, data categorization. Presentation of data in the form of narrative text descriptions, with qualitative analysis methods. The results of the study indicate that the legal protection of victims of criminal acts in both countries has its advantages and disadvantages, as for legal protection that requires further attention regarding medical assistance, another matter is that the rights of victims of past crimes are limited to 22 June 2021. whereas in India it will not harm the victim. Meanwhile, there are factors that hinder the legal protection of victims of criminal acts in Indonesia and India, seen from (1) the legal substance, namely the Government Regulation of Law no. 5 of 2018 does not yet exist while in India there is no specific regulation regarding psychological and psychosocial rehabilitation, (2) the law is the lack of human resources (HR) in the National Counter-Terrorism Agency (BNPT) while in India there is a shortage of human resources at the National Investigation Agency (NIA) , and (3) legal culture, namely the existence of differences between related differences in India, the lack of legal knowledge of the people regarding their rights.
Terrorism is a crime that is a major threat to the maintenance of every country that poses a danger to security, world peace, and harms the welfare of society. This is inseparable from the suffering of victims of crimes who need legal protection from the state. The purpose of this study is to compare forms of legal protection in the normative and empirical settings given to victims of criminal acts in Indonesia and India. This study uses a qualitative research method with an empirical juridical approach and descriptive analytical research specifications. The research was conducted at the National Counter-Terrorism Agency, Jakarta and the India Center for Victimology and Psychological Studies, New Delhi. The data used include primary data and secondary data. Methods of collecting data through interviews and literature study. The data obtained is processed by data reduction, data display, data categorization. Presentation of data in the form of narrative text descriptions, with qualitative analysis methods. The results of the study indicate that the legal protection of victims of criminal acts in both countries has its advantages and disadvantages, as for legal protection that requires further attention regarding medical assistance, another matter is that the rights of victims of past crimes are limited to 22 June 2021. whereas in India it will not harm the victim. Meanwhile, there are factors that hinder the legal protection of victims of criminal acts in Indonesia and India, seen from (1) the legal substance, namely the Government Regulation of Law no. 5 of 2018 does not yet exist while in India there is no specific regulation regarding psychological and psychosocial rehabilitation, (2) the law is the lack of human resources (HR) in the National Counter-Terrorism Agency (BNPT) while in India there is a shortage of human resources at the National Investigation Agency (NIA) , and (3) legal culture, namely the existence of differences between related differences in India, the lack of legal knowledge of the people regarding their rights.
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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
This work is licensed under :
a Creative Commons Attribution-NonCommercial 4.0 International License.
References
- Literatur
- Angkasa, 2020, Viktimologi, Jakarta: Rajawali Pers.
- Bassiouni, 2008, The Theory and Practice of International Criminal Law, Boston: Nijhoff Publishers, sebagaimana dikutip oleh Jajang Jahroni, 2016, Memahami Terorisme Sejarah Konsep dan Model, Jakarta: Kencana.
- Martian Indra, “Gerakan Intelijen Pada Kasus Terorisme di Indonesia Sejak Komando Jihad Sampai ISIS Indonesia”, dalam Proceedings of the International Conference on Islamic Civilization and Technology Management, November 2019, Kuala Terenganu: Universiti Sultan Abidin.
- W. Kusuma Mulyana, “Terorisme dalam Perspektif Politik dan Hukum”, Jurnal Kriminologi Indonesia, Vol. 2 No. 3, Desember 2002, Jakarta: Universitas Indonesia.
- Peraturan Perundang-undangan
- Central Scheme for assistance to civilian victims/family of victims of terrorist, communal and naxal violence.
- The Code of Criminal Procedure India Amandment Act 2009.
- Undang-Undang No. 31 Tahun 2014 tentang Perubahan atas Undang-Undang Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban.
- Undang-Undang No. 5 Tahun 2018 tentang Perubahan atas Undang-Undang Nomor 15 Tahun 2003 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 1 Tahun 2002 tentang Pemberantasan Tindak Pidana Terorisme menjadi Undang-Undang.
- PP No. 35 Tahun 2020 tentang Pemberian Kompensasi, Restitusi, dan Bantuan kepada Saksi dan Korban.