PRO-KONTRA PEMULANGAN WARGA NEGARA INDONESIA EKS ISIS

ABDURRAHMAN HAKIM / AH, 17104153113 and Iffatin Nur / IN, 197301111999032001 (2020) PRO-KONTRA PEMULANGAN WARGA NEGARA INDONESIA EKS ISIS. Al-Daulah : Jurnal Hukum Pidana dan Ketatanegaraan, 9 (1). pp. 51-98. ISSN Online ISSN: 2580-5797 Print ISSN: 2303-050X

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Abstract

This paper aims to analyze the policies of the government that decides do not repatriate former Indonesian citizens of sympathizers ISIS in Iraq and Syria. The theory that used to analyze the case is theory of maqashid al-shari'ah Jasser Auda. Theories of maqashid al-shari'ah Jasser Auda considered very relevant in this case because of the ideas that were brought consider universal human rights enforcement. This is different from the previous theory of maqashid al-shari'ah which only had an individual function protection and persevation. Theory of maqashid al-shari'ah Jasser Auda is reconstruction of the concept of previous scholars with the aim of revitalizing the values of maqoshid value with contemporary problems, especially in terms of enforcement of the human rights (hifẓu al-nafs). In addition, the writer consider that the idea of human rights has a correlation with article 28J paragraphs 1 and 2 of the 1945 Constitution which form the basis of limitations on fulfillment of individual rights. Next, not all of ISIS sympathizers are the perpetrators of terrorism, therefore the writer offer a deradicalization effort for children and sympathizers' wives before returning to community life. As victims, they have the right education on the good ideology (hifẓu al-aql) and still carry out the function of heredity (hifẓu al-nasl).

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