印度尼西亚儿童卷入恐怖主义犯罪行为的法律问题:现象和影响因素

IF 1.7 Q2 Social Sciences Migration Letters Pub Date : 2023-09-02 DOI:10.59670/ml.v20i6.3499
Bintara Sura Priambada, Pujiyono Suwadi
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引用次数: 0

摘要

本文讨论了印度尼西亚儿童卷入恐怖主义犯罪行为的法律问题,包括对造成这些问题的现象和因素的讨论。本研究采用的研究方法是实证法律研究(非教义)。本研究的数据收集技术通过访谈和文献研究进行。本研究还采用了演绎推理法。研究结果表明,必须重视向儿童灌输激进主义思想的可能性。然而,如果灌输者是儿童自己的父母,则很难防止这种情况的发生。如果灌输者是非父母的另一方,则更容易限制和防止灌输激进主义的风险。内部因素,发生和来自儿童内部的因素。在这种情况下,这是由于尚未成年的儿童的精神状况以及先前吸引其子女加入恐怖主义网络的父母的干预造成的。然后是来自儿童外部的外部因素。在这种情况下,一般是由环境因素、技术和信息的发展以及非来自儿童内部因素的事物造成的。在恐怖主义犯罪行为中触犯法律的儿童,其权利仍应得到保护。其中之一就是在恐怖主义犯罪行为中触犯法律的儿童所经历的每个阶段实施分流,并在恢复性司法理念的基础上优化去激进化政策。
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Involvement of Children in Legal Issues for Criminal Acts of Terrorism in Indonesia: Phenomenon and Inflicting Factors
This article discusses the involvement of children in legal issues of criminal acts of terrorism in Indonesia, including a discussion of the phenomena and factors that cause them. This research method is this research using empirical legal research (non-doctrinal). Data collection techniques in this study were carried out through interviews and literature studies. This research also uses deductive reasoning method. The results of the study show the importance of paying attention to the potential for indoctrination of radicalism to children. However, this will be difficult to prevent if the perpetrators of indoctrination are the child's own parents. The risk of indoctrination of radicalism is easier to limit and prevent if the perpetrator is another party who is not a parent. Internal factors that occur and come from within the child. In this case, it is due to the mental condition of the child who is not yet an adult as well as the intervention of the parents who were previously the parents who attracted their children to join the terrorism network. Then external factors that come from outside the child. In this case, it is generally caused by environmental factors, the development of technology and information, as well as things that are not derived from the child's internal factors. Children who are in conflict with the law in criminal acts of terrorism should still receive protection for their rights. One of them is by implementing diversion in every stage that children go through in dealing with the law in criminal acts of terrorism and optimizing deradicalization policies based on the concept of restorative justice.
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Migration Letters
Migration Letters DEMOGRAPHY-
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23.50%
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