Detention of Terrorism Suspects in the Perspective of Equality Before the Law

摘要

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.