Law Enforcement Against The Separatist Movement Reviewed Article 106 KUHP on Criminal Acts of Treason

Abstract

Separatism movement is an act from a group of people (usually groups with sharp national awareness) to gain sovereignty and separate a territory from each other (or another country). This term is usually not accepted by separatism groups themselves because they think it is rude, and choosing more neutral terms such as self-determination, economic crises and the slow pace of economic recovery, political crises and conflicts between political elites, social crisis of power, weak law enforcement, human right violation and international intervention is the cause of the separatist movement. In the meantime, there has been separatist action trying to secede from NKRI such as GAM (Gerakan Aceh Merdeka), RMS (Republic of South Maluku), OPM (Organisasi Papua Merdeka). Government efforts in order to overcome separatist movements by regulating the actions of the separatist movement listed in article 106 KUHP. The issues that will be discussed in this thesis are: Law enforcement against separatism movement reviewed through article 106 KUHP, about attempt of overthrowing a legitimate goverment. This is a normative juridical research, because this research examines the law enforcement against separatism movement in which is covering case approach, legislation and conceptual. The procedure of collecting and managing legal material of this thesis is by collecting primary law material and secondary law material, then analyzed by Daan Invetarization of both primary and secondary legal materials.     The legal handling of separatism movements in Indonesia was carried out by two means; in line with the protection of human rights, by combining penal and non-penal approaches in the form of negotiations with leaders / leaders of separatist organizations, secondly by penal policies by applying article 106 KUHP against suspected separatist movements.