Yurisdiksi Negara Dalam Ekstradisi Narapidana Terorisme Ditinjau Dari Hukum Internasional (Studi Kasus Terpidana Tindak Kejahatan Hambali)

Ariqa, Wavi (2022) Yurisdiksi Negara Dalam Ekstradisi Narapidana Terorisme Ditinjau Dari Hukum Internasional (Studi Kasus Terpidana Tindak Kejahatan Hambali). Other thesis, Universitas Islam Riau.

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Abstract

The relationship between the state and citizens is a reciprocal relationship that involves elements of rights and obligations for both parties. The relationship is basically built from the initial goal of the formation of the Indonesian state. The rights and obligations of the state to citizens are basically the rights and obligations of citizens to the state. The rights and obligations of the state (government) and citizens originate and regulated in the 1945 Constitution. The issue of extradition is related to the act of resolving terrorism in international law. In the case of terrorism that is carried out with a political background, usually the perpetrators cannot be extradited, even though the two countries have signed a bilateral agreement on extradition. From these problems, the authors are interested in researching how the state policy in the extradition of terrorism convicts namely Hambali and what are Indonesia's obstacles in implementing the extradition of Hambali, the terrorists who are detained in the United States. The research that the author does is included in normative legal research with the author's method of obtaining data based on a study of documents in the form of books and other literatures that the author obtains through literature study or secondary data, this research is a descriptive research, it means that in this case the author wants to systematically describe the state jurisdiction in the extradition of terrorism convicts. The thesis research explains the state policy in extradition of terrorism convicts in prison by making efforts through bilateral relations between Indonesia and the United States. Indonesia's obstacles in implementing extradition are due to the absence of an extradition treaty between the two countries. Hambali is considered to have played an important role in the September 11 2001 WTC tragedy, America considers that they played an important role in Hambali's arrest in Thailand, other political issues are also the reason for the United States to did not extradite Hambali to Indonesia.

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