Legal Review Regarding the Designation of Papuan Armed Criminal Groups as Terrorists in the Perspective of International Criminal Law

Abstract

The Papuan Armed Criminal Group has been officially designated as a terrorist organization on April 29, 2021 by referring to the Law of the Republic of Indonesia Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning the Stipulation of Government Regulations in Lieu of Law Number 1 of 2002 Concerning the Eradication of Criminal Acts of Terrorism Becomes Law by the Indonesian government. This is thought to have caused the conflicts and tensions that have been occurring in Papua to continue to escalate until early 2023, to be precise, after the determination was made. The designation as a Terrorism organization certainly has an effect related to its status according to the provisions of International Criminal Law. In international criminal law, the status of the Papuan armed criminal group after being designated as terrorists has the same consequences when this group is referred to as KKB (Armed Criminal Group). His actions do not include international crimes that fall under the criminal jurisdiction of the International Criminal Court (ICC) as regulated in the 1998 Rome Statute, however, terrorism crimes can be tried by the ICC if a terrorism case meets the requirements of an international crime. This research method uses a normative juridical method where the research is carried out by examining literature and secondary data, doctrines and principles in the science of law. The approach used in this research is a literature study which includes Primary Legal Materials, Secondary Legal Materials, and Tertiary Legal Materials. To support secondary material, data was obtained from documents or research journals regarding the Papuan KKB case.