THE RADICALISM CRIMINALIZATION CONCEPT AND THE STATE IDEOLOGY AFTER THE IMPLEMENTATION OF STATUTORY PROVISION REGARDING COMMUNITY ORGANIZATIONS

Author Name: Tri Desmanto Neno, Fenty U. Puluhulawa, Nur Mohamad Kasim

Volume: 01 &  Issue:

Country: Indonesia

DOI NO.: 08.2020-25662434 DOI Link: http://www.doi-ds.org/doilink/11.2020-78244423/

Affiliation:

1. Study Program of Legal Studies, Postgraduate Program of Gorontalo State University, Indonesia

ABSTRACT

The research on the radicalism criminalization concept on the state ideology after the implementation of the statutory provision regarding community organizations discusses the development of HizbutTahrir Indonesia, one of the community organizations that have been disbanded but have a strong influence and contributes to the spread of ideologies against Pancasila. After being disbanded, they then affiliate through the echoes of liberation. Considering that serious situation, a criminalization concept is needed as a form of protection to the state ideology for the dangers of such a harmful ideology so we have a strong foundation to protect Pancasila. This research aims to analyse and investigate the criminalization of radicalism, especially when it harms the state ideology. This is normative research using a conceptual approach and the approach to the Law. The data collected in this research are qualitative so we use the qualitative technique in analysing them. We found several regulations added to the regulation of the Criminal Code, especially the regulations regarding state security crimes. The regulations include criminal provisions against ideologies other than communism, Marxism, and Leninism whose orientation and manifestations endanger Pancasila.The regulations are regarded as an effort to criminalize radical perpetrators. Besides, in the regulation of the Criminal Code, there are added criminal provisions in the Law on Community Organizations regarding changes in the name of the organization which is known to be disbanded to prevent the organization from affiliating and reincarnating under another name but with the same movement. The Law Drafting Team, the legislative body, and all related institutions have to impose sanctions with a more deterrent effect regarding the criminal act.

Key words: State Ideology, Criminalization, Radicalism