Criminal Actions of the Armed Criminal Group (KKB) of the Papua Region in the Perspective of Positive Criminal Law and Islamic Law

Abstract

The rise of conflict in Papua was caused by the actions of the Armed Criminal Group (KKB) in the group was pro-independence for the land of Papua, which pushed the government to take a more assertive action by establishing the Papuan KKB as a terrorist group. Of course, this brings pros and cons in various circles. This research is intended to examine the separatist movement of the Armed Criminal Group (KKB) in the Papua region from the perspective of positive criminal law and Islamic law. This research method uses a normative juridical method based on the rule of law as well as the schools of thought of jurists through analysis from primary legal sources. In addition to primary legal materials, secondary legal materials used in this research are books and journals that contain rebels, treason and terrorism. Based on the positive law, the KKB in the Papua region is subject to Articles 104 – 110 of the Criminal Code, while based on the Islamic Criminal Law, jarimah hudud is in the form of Rebellion (Al-Baghyu).