Unprocedural Designation of the Papuan Armed Criminal Groups as Terrorist Groups

I Gede Widhiana Suarda

Associate Professor in Criminal Law and Criminology, Faculty of Law, University of Jember, Indonesia

Navin Kumar

Director, Data Science, ORG Research

Ainul Azizah

Senior Lecturer in Criminal Law and Criminology, Faculty of Law, University of Jember, Indonesia

Vicko Taniady

Undergraduate Student, Faculty of Law, University of Jember, Indonesia

Shofi Munawwir Effendi

Undergraduate Student, Faculty of Law, University of Jember, Indonesia

Abstract:

The designation of the Papuan Armed Criminal Groups (ACGs) as terrorist groups by the coordinating minister for Political, Legal, and Security Affairs has sparked debate in Indonesia, and other nations. This study aims to investigate whether the classification of the Papuan ACGs as terrorist groups is appropriate according to the applicable mechanism in Indonesia law. The study also examined the correlation and coherence between Papuan ACGs’ acts and the elements of terrorism as defined by Indonesia’s Anti-Terror Law. A doctrinal legal research methodology was employed to examine these issues using statutes approach and conceptual approach. The results show that the actions committed by the Papuan ACGs have fulfilled the elements of the crime of terrorism as stipulated in Article 6 of Indonesia’s Anti-Terror Law. Following the presumption of innocence principle, this result must be proventhrough a fair trial by prioritizing the universal principle of presumption of innocence.However, regarding the Government of Indonesia’s designation of the Papuan ACGs as terrorist groups on April 29, 2021, the designation is procedurally flawed due to the absence of a decision from the Central Jakarta District Court. Article 27 of Indonesia’s Terrorism Financing Law stipulates that the Indonesian Government can issue a list of terrorist organizations following a decision by the Central Jakarta District Court. Consequently, if the Central Jakarta District Court (judicial power) has not determined Papuan ACGs to be terrorist groups, the government’s (executive power) designation is non-binding and non-procedural.

Keyword:

Armed Criminal Groups, Criminal Law, Designation of Terrorist Groups, Indonesia Anti-Terror Law, Terrorism.