Tinjauan Yuridis Terhadap Yurisdiksi Negara Amerika Serikat Dalam Mengadili Pelaku Terorisme (Studi Kasus Terhadap Hambali Tahun 2017)

Hartoyo, Hartoyo (2019) Tinjauan Yuridis Terhadap Yurisdiksi Negara Amerika Serikat Dalam Mengadili Pelaku Terorisme (Studi Kasus Terhadap Hambali Tahun 2017). Other thesis, Universitas Islam Riau.

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Abstract

Hambali was arrested in Thailand on 12 August 2003 at the apartment inAyuthaya City, Thailand by the Thai security authority, about 75 km from Bangkok.By theHambaliThai Governmentextradited toUnited States ofAmerica.In 2008, Indonesia formally requested access so that Hambali could be tried in Indonesia because he was an Indonesian citizen and was involved inseveral cases in Indonesia.But the United States refused to hand it over,because the Government of Indonesia and the United States were not bound by anextradition treaty. The formulation of the problem in this study ishow the authorityofUSjurisdictionin prosecuting Hambal terroristsand whether it is an obstacleand solution orlegal effort of the Indonesian governmentin prosecuting Hambaliterrorists. The research method used in this study is normative or library.While thenature of this research isdescriptive,meaning that the author tries to give adescription of the jurisdictionoftheUnitedStatesin prosecutingperpetratorsofterrorist Hambali. The results of the study by the aouthor are know that the authorityof the United States jurusdiction in prosecuting Hambali terorist due toan agreement betwen Thailand and United States in 1922. Theextradidition treaty is a juridical reason for the United States to askHambali to be exstradited with the aim of prosecuting or carrying out hissentenceThus, the ease of the United States of America requested the submission of Hambali to the country of Thailand because of the extradition agreementbetween the two countries.TheIndonesian Government'sobstaclesin tryingHambali terroristsbecause the Government of Indonesia and the United Statesare not bound by an extradition treaty.The solution or legal efforts of theIndonesian Governmentin prosecuting Hambali terroristscan bedone byconductingmutual legal assistance in criminal matters, handingover,deportation, and interpol so that Indonesia can have jurisdiction to tryHambali andmaximizing its diplomatic capability towards the United States ofAmerica.This is because Indonesia does not have an extradition treaty with theUnitedStates.

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