TINJAUAN TENTANG PENOLAKAN PEMERINTAH REPUBLIK INDONESIA ATAS KEPULANGAN WARGA NEGARA INDONESIA EKS ISIS (ISLAMIC STATE OF IRAQ AND SYRIA) DITINJAU DARI HUKUM POSITIF INDONESIA

Abstrak

The discourse of returning Indonesian citizens ex-ISIS (Islamic State of Iraq and Syria) to Indonesia in February 2020 has generated a lot of debate in the community. On Wednesday, February 12 2020, President Joko Widodo has decided not to allow 689 ex-ISIS Indonesians to return to their homeland for safety reasons. This decision is deemed contrary to positive Indonesian law, where Indonesian citizens may not be prohibited from entering / returning to Indonesia. Then what is the state's responsibility towards ex-ISIS citizens when viewed from Indonesia's positive law? In this research, normative legal research methods will be used. The research results show that ex-ISIS Indonesian citizens should not be prohibited from returning to Indonesia because they still have Indonesian citizenship status and ex-ISIS citizens can be subject to Indonesian criminal penalties and must carry out deradicalization as regulated in Indonesian legislation. The Indonesian government should reconsider the return of ex-ISIS citizens to Indonesia as regulated in Indonesia's positive law. If the Indonesian Government continues to take steps to refuse their return, then it is better if the government provides a strong legal basis and reasons for refusing their return.