Globalization of Terrorism and Extra-Judicial Killings: The Paradox of Human Rights in Indonesia

Abstract

This paper is the result of research with a normative-empirical approach on extra-judicial killings carried out by the state through the Densus 88 against terrorism suspects. Eradication using the exra-judicial killings model clearly violates the 1945 Constitution, namely in Articles 28A and 28I. As a state party, Indonesia has also ratified various international legal instruments on human rights, which are expected to be implemented with good ethics (pacta sun servanda). Of course it is unacceptable when a country ratifies, but never carries it out. This is not because of its inability, but rather because the state does not have the good will to carry it out. The number of victims that occurred was more than 200 people died in vain, in terms of the right to life is the most fundamental right that cannot be reduced under any circumstances (non derogable rihts). In the perspective of human rights, the state is the duty-bearer who is obliged to respect, protect, ensure, realize (to be fullfil), and advance (to progress) human rights. Thus the state is responsible for the failure to defend the right to life, because the responsibility lies with the state, so the perpetrators of material extra-judicial killings are exempt from legal prosecution or are immune to the law. Because from a human rights perspective it is only considered a violation of human rights, it cannot be processed as a form of international crime whose perpetrators can be charged under Article 5 of the ICC 1998, even though the victims are more than 200 people.