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Original Research

LEGAL CULTURE APPROACH IN TACKLING THE ARMED CRIMINAL GROUP AS TERRORISM CRIME IN PAPUA

GRACESY PRISELA CHRISTY 1, MARTHEN NAPANG 2, MUSAKKIR 3, WIWIE HERYANI 4, S. M. NOOR 5, and MASKUN 6.

Vol 18, No 06 ( 2023 )   |  DOI: 10.17605/OSF.IO/KZ4MR   |   Author Affiliation: Graduate School, Faculty of Law, Hasanuddin University, Indonesia 1; Faculty of Law, Hasanuddin University, South Sulawesi, Indonesia 2,3,4,5,6.   |   Licensing: CC 4.0   |   Pg no: 1876-1886   |   Published on: 30-06-2023

Abstract

The central government has failed to build prosperity in Papua, especially with the holding of a Military Operation by the central government to overcome the separatist rebellion in Papua which in fact has resulted in many human rights violations. The research is normative and empirical legal researches to examine the legal policies carried out by the government in establishing terrorist status against armed criminal groups in Papua. The results show that the terrorism status against the Armed Criminal Groups is not appropriate in resolving the conflict in Papua. Judging from the indicators used, they are fulfilled as a whole, when compared to terrorist groups in Indonesia. It seems the difference in goals and ideology with the Armed Criminal Groups. This determination of terrorist status has also triggered an increase in the actions of Armed Criminal Groups in Papua. This clearly has quite an impact on all aspects of the life of the Papuan people. Development policies and failures, history, and the impartiality of the government are sources of conflict in Papua. Hence, the concept of solution offered is to use a culture legal approach in society, in addition to the repressive settlement that has been used so far.


Keywords

Criminal Group; Legal Culture; Separatism; Terrorism