Legal Policy on determining the status of Armed Violence Groups in Papua: Separatist or Terrorist

Abstract

Based on its history, before being labeled as a terrorist by the government, acts of violence committed by a group of people in Papua received different names, the number of armed conflicts that have been or are currently occurring in various countries in the world, this conflict can be divided into two, namely international armed conflict and international armed conflict. non-international armed conflicts (conflicts within the state) The Police call the Armed Criminal Group (KKB) while the Indonesian National Army uses the term Armed Separatist Group (KSB), but for the Free Papua Organization (OPM), the group is a fighter who wants to separate from Indonesia. The estuary of the conflict in Papua due to the actions of the Armed Criminal Group (KKB), which is a pro-independence group in Papua, prompted the government to take firmer action by establishing the Papuan KKB as a terrorism group. Of course, this brings pros and cons in various circles. This study aims to examine the determination of the KKB as an objective and appropriate terrorism group according to criminal law, especially when examined from the Terrorism Law. The research method uses normative research methods. Based on the results of the research, it is known that the government has correctly established the KKB as a terrorism group because the actions taken by the KKB indicate the fulfillment of the elements of terrorism in the Terrorism Act, although there are still several things. different from the criteria of terrorist groups in the world with their networks and movements with other groups. armed criminals who are currently designated as terrorists.