CRIMINAL RESPONSIBILITY OF THE MEMBER OF COUNTERTERRORISM SPECIAL DETACHMENT 88 (DENSUS 88) RELATED TO THE NEGLIGENCE IN HANDLING SUSPECTED TERRORISM WHICH CAUSE CASUALTY

Abstract

Terrorism is a serious problem throughout countries, no exception in Indonesia. One of the
government's efforts in dealing with terrorism is to form a Counterterrorism Special
Detachment 88. But in its practice, sometimes the Counterterrorism Special Detachment 88
Members carry out their duty by ignoring the applicable rules. That causes the emergence of
casualty, namely one of the suspected terrorist. The incident becomes a polemic in the society
related to the criminal responsibility. The research aims to explain the legal basis in every
action which taken by the member of Counterterrorism Special Detachment 88 in handling
the cases of terrorism criminal acts and explain the criminal responsibility of the member of
Counterterrorism Special Detachment 88 due to the negligence in handling suspected terrorist
which cause casualty. The researcher used the normative juridical method. Analysis which
carried out normatively aimed to support the result of the statement from a thought and/ or
asthe answer to the legal problems arising from a case,thus if everything has been resolved
then the last stage was the explanation which conducted descriptively. Handling of the
suspected terrorism case by the member of Densus 88 that did not comply with the
procedures may be subjected to Article 9 of Law Number 48 regarding Judicial Power.
Densus 88 member in carrying out their duty which in accordance with the procedure could
not be asked forthe responsibility. The negligenceby the member of the Counterterrorism
Special Detachment 88 in carrying out their authority was deemed to have violated the code
of ethics which needed to be asked for the responsibility.