INDONESIA'S PREPAREDNESS MODEL FRAMEWORK IN THE FRAMEWORK OF THE PANCASILA LEGAL STATE FACING ISIS RETURNESS
This study aims to analyze the framework of the Indonesian preparedness model within the framework of the Pancasila state law to face returns. Terrorism is an extraordinary crime (extraordinary crime) that requires handling extraordinary ways. Terrorism has become a global phenomenon that has penetrated almost all countries in the world, including Indonesia. The research method used is a normative juridical approach, namely the Statute Approach. In this study, the author examines and examines using primary data, as the basic material for research by conducting a search on the laws, regulations and literature related to the crime of terrorism. The results showed that; a) The framework of ISIS terrorism as an Extra Ordinary Crime crime in Indonesia is currently reviewed from the theory of punishment showing that ISIS is an Extra Ordinary Crime crime including: crimes of genocide, crimes against humanity, war crimes, crimes of aggression. In crimes against humanity the attacks are widespread and systematic. ISIS conducts various ways to recruit members in Indonesia including; (1) Offer high-paying jobs; (2) Offer free umrah to new members, (3) They are taught advanced technology, (4) Bagi young women who want to join ISIS are usually treated like a princess; (5) Invited to travel or study abroad. b) Diplomation will be presented with various legal stakeholders, comparison of the criminal system against perpetrators of terrorism crimes in Indonesia in terms of criminal policy theory resulting in a form of international cooperation in law enforcement against ISIS as ordinacry crime and international crime as follows; (1) Transfer of Offenders (Extradition/ extradition; (2) Transfer of Evidence (Mutual Legal Asisstance); (3) Transfer of Proceedings; (4) Transfer of Sentece Person (TSP); (5) Transfer of Proceeds of Crime / Transfer of Asset Recovery. c) The future legal concept of the criminal system of perpetrators of ISIS terrorism returneers in Indonesia if using the theory of legal protection shows that Returnees and deportees of ISIS still have the right to citizenship, and for some laws also protect the right to citizenship, then peme rintah should not refuse or, prevent Returnees and deportees from entering Indonesian territory, this is because Returnees and deportees still have the right to citizenship and are still Indonesian citizens. So that if we refer to the legislation, the state should not prohibit the entry of its citizens senself. The Indonesian government cannot also eliminate the citizenship of Returnees and deportees as Indonesian citizens because it is a right of Returnees and deportees, and the citizenship law also adheres to the principle of stateless so that Returnees have the right to Indonesian citizenship.
Framework, Law Enforcement, ISIS Theorists, Law