TINJAUAN YURIDIS PUTUSAN MAHKAMAH KONSTITUSI TENTANG PEMBATALAN UU NO. 16 TAHUN 2003

Subekti Subekti

Abstract

The act number 16 of 2003 concernng the decree of alternative
legislation on the enactment of alternative legislaton number 1 of 2002 on the eradication of terrorism referring to the Bom explotion incident at Bali October 12of 2002become an act have been called of by TheConstitution court on July 23 of 2004. Eventhought such act have been canceled but Indonesia still consistenly and able to eradicate the terrorism by law number 15 of 2003 concerning the decree alternative legislation number 1
of 2002 on the eradicatyion of terrorism become an act. There are dissenting opinion within The Court of Constitution that submitted by 4 judges of the 9 Constitution Courtjudges member. Oneof the base of the decision is the prohibition the enactment of retroactive principle on the Bom explotion incident. The Constitution Court decision arraising juridical implication on the settlement of Bom explotion case at bali on October 12 of 2002, as well as to the inmate, the suspect or whom to the
fugitive that related to the suchBomexplotionincidentat Bali.

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