Human Rights in the Context of Indonesia’s Anti-Terrorism Laws: Balancing National Security and Civil Liberties

Authors

  • Ali Masyhar Universitas Negeri Semarang Author
  • Ridwan Arifin Universitas Negeri Semarang Author

Keywords:

Anti-Terrorism Laws, National Security, Civil Liberties, Human Rights, Indonesia, Due Process, Counter-Terrorism, Preventive Detention

Abstract

Indonesia’s anti-terrorism laws, enacted in response to security threats, have raised significant concerns regarding their impact on civil liberties, including due process, freedom of expression, and privacy. This paper analyzes how these laws, designed to combat terrorism, may infringe upon basic human rights, particularly with regard to preventive detention, surveillance, and restrictions on political dissent. Using case law, legal texts, and interviews with human rights organizations, the paper examines instances where national security concerns have been used to justify the erosion of civil liberties. The findings indicate that while these laws are crucial for maintaining national security, they often disproportionately affect political activists and marginalized groups. The research proposes a recalibration of Indonesia's counter-terrorism framework to ensure that security measures do not undermine fundamental rights, offering policy recommendations for balancing security with civil liberties. This paper provides a critical analysis of the tensions between national security measures and human rights protections, contributing to the literature on counter-terrorism laws and civil liberties in Indonesia. By focusing on the impact of anti-terrorism laws on human rights, this study offers recommendations for reform that balance national security with the protection of democratic values, advancing the field of human rights law and national security policy.

Published

2024-10-31

Issue

Section

Articles

How to Cite

Human Rights in the Context of Indonesia’s Anti-Terrorism Laws: Balancing National Security and Civil Liberties. (2024). Contemporary Issues on Indonesian Human Rights Law and Policy, 1(3). https://journal.perhaki.org/index.php/humanrights/article/view/370