SECURING THE RIGHT TO LIFE ON THE WAR ON TERROR: A COMPARATIVE ANALYSIS OF INDONESIA AND EUROPE
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This article analysis the adequate protection of the right to life in cases of deaths caused by the use of lethal force, particularly in the effort of preventing terrorism in Indonesia and Europe. Under the European Convention of Human Rights (ECHR), the taken of life shall be done in a condition of “absolutely necessary” that later shall be proved by an effective and adequate investigation. A failure to investigate deaths arising from the acts of state officials will amount to a violation of the right to life. Conversely, in Indonesia in the name of war on terror and saving the security of nations, terrorist suspects are frequently killed on the process of arrest without having to be brought to a trial. This ironical condition leads to a question whether the right to life is protected in Indonesia. By utilising a comparative legal method, the discussion will be presented in four sections. First, is how the right to life is regulated in Indonesia. Second, is how the right to life is considered in the effort of counter-terrorism in Indonesia. Third, is how the right to life is secured under the system of ECHR, especially in cases of deaths caused by the use of force. The last is how to improve the protection of the right to life in Indonesia.