Criminalization of Separatism in Law Number 5 of 2018 concerning Terrorism

Abstract

The enactment of Law Number 5 of 2018 concerning Terrorism marks a significant legislative development in Indonesian criminal law by formally criminalizing separatism through Articles 12A and 12B. Despite this regulatory advancement, the placement of separatism provisions within anti-terrorism legislation raises complex juridical questions regarding conceptual clarity, norm harmonization, and the balance between national security imperatives and constitutional human rights guarantees. This study examines two central issues: first, the regulatory framework governing the criminalization of separatism under Law No. 5 of 2018; and second, the juridical implications of such criminalization for the Indonesian criminal law system. Employing a normative juridical research method, this study applies three complementary approaches — statutory, conceptual, and historical — to analyze the relevant legal materials. The theoretical framework draws upon Sudarto's criminalization theory to evaluate the philosophical, sociological, and juridical justifications underlying Articles 12A and 12B, and Friedman's legal system theory to assess the broader systemic implications across the dimensions of legal structure, legal substance, and legal culture. The findings indicate that the criminalization of separatism substantially satisfies the requirements of Sudarto's theory, yet notable weaknesses persist in terms of definitional precision and inter-norm harmonization. The juridical implications encompass institutional specialization within the law enforcement structure, conceptual hybridization of terrorism and separatism within the criminal law substance, and a cultural shift in balancing security protection with human rights within the criminal justice system. This study concludes that regulatory refinement through clearer conceptual elaboration and strengthened institutional capacity is essential to optimize the implementation of separatism criminalization within a democratic and just Indonesian criminal law framework.