The Risk of Imprisonments on Children of Terrorism Perpetrators in Indonesia: Rehabilitation, Radicalization, or Prisonization Efforts?

Abstract

The purpose of this article is to find a justification reason for improper of imprisonment on all children of terrorism perpetrators (child terrorists) in Indonesia, to find the types of criminal which can achieve the purpose of punishment as the judge wants, and to find a formulation of a deradicalization program that can avoid children out of recidivism. The discussion of the problem is done by the legislation approach, which is to analyze the purpose of punishment that the judge wants in the judicial verdict and the correctional law then find the right type of criminal for child terrorist as regulated in Act of Juvenile Justice System (Act-JJS). Based on the discussion, it is concluded that (a) the judge of child is prohibited to make imprisonment as the first choice for all children, since it is jurisdictionally against the Act-JJS, Penologically imprisonments in Indonesia are difficult to use as rehabilitative means, criminologically imprisonments can lead criminogen of Children, practically the prisons in Indonesia are limited in their capacity and do not carry out specific models of guidance for child terrorist; (b) If a judge imposes punishment to a child terrorist, then the type of "criminal under the terms of guidance outside the institution" must be the first choice of the judge, while the imprisonment would be the last alternative. (C) Deradicalization program based on religious and Pancasila ideology would be the core of a guidance material, with the involvement of the parties concerned to carry out a guidance through a multidimensional approach inside and outside prisons.

Keywords: imprisonments, child, terrorism acts, rehabilitation, radicalization, prisonization