THE PROTECTION OF THE SUSPECT OF TERRORISM ACTOR: AN INTERNATIONAL LAW PERSPECTIVE
Abstract
In the recent decades terrorism has become an international problem which international community has made every effort to solve it and to reduce its effect to the people. Human rights are also other issues upon which should be protected on countering terrorism. The research aims at how the international covenants protect the rights of the suspect of terrorism actors by describing from the cases in Indonesia and Germany. The study is a normative legal research with statute and case approach, by using juridical qualitative approach. The result of research shows that the international covenants protect human rights for the suspect of terrorism through ICCPR and CAT which clearly relate and mention in their articles. ICCPR explains on the prohibition of torture during the investigation and detention process. In line with ICCPR, CAT also regulates on the protection of human rights for the suspected person. There are the weaknesses of law enforcement to the suspected of terrorism. Firstly, there is the lack of effective control mechanism on the police (Densus 88) in exercising its authority in combating terrorism. Secondly, there is no a clear accountability of the police (Densus 88) in using the authority on combating terrorism, if the Densus 88 commit violation of human rights of suspect. The research recommends that firstly, there should be strengthening control for the law enforcement (Densus 88) on the process of countering terrorism. Secondly, Densus 88 needs a stronger supervision to ensure their accountability if Densus 88 commit violation of human rights.