b.  Judicative/applicative policy; and 
c.  Executive/administrative policy. (Arief,
1998) 
Considering the elaboration of criminal law 
enforcing policy above, it can be found three 
powers/authorities: legislative/formative power in 
the terms of stipulating or formulating the 
punishable deed oriented to the basic problem in 
criminal law including unlawful deed, fault/criminal 
accountability, and the sanction that can be imposed 
by the legislator. In relation to the legislation related 
to terrorism crime, it can be seen that viewed from 
the aspect of crime formulation, criminal sanction 
and criminal responsibility have been formulated 
very well as it includes all deeds of putting into, 
producing, accepting, obtaining, submitting, 
mastering, bringing, having supply or ownership, 
storing, carrying, hiding, or releasing chemical, 
biological, radiological, microorganism, nuclear, 
radioactive weapons or its components from 
Republic of Indonesia state intended to committee 
terrorism crime will be punished with imprisonment 
minimally 3 (three) years and maximally 20 (twenty) 
years, life imprisonment or death sentence (Article 
10 A). 
Furthermore, Article 12 A governs the corporate 
legal subject as the perpetrator of terrorism crime. 
Article 15 governs the evil conspiracy, preparation, 
trial, or assistance in terrorism crime to be 
threatened with punishment. In addition, in 
procedural law, there are a specialty facilitating the 
law enforcers such as the authorized investigator to 
arrest the accused of maximally 120 (one hundred 
and twenty) days and if it is considered as 
inadequate, it can be extended to 20 days with the 
application filed to the Head of District Court. 
Similarly, Public Prosecutor is authorized to arrest 
the accused of up to 60 days and extended to 30 days 
with the Head of District Court’s permission. In 
addition, the investigator is authorized to perform 
tapping (Article 31 A). Then, investigator, public 
prosecutor, judge, advocate, reporter, expert, 
witness, and penitentiary officer, as well as its 
family in terrorism crime case, are entitled to be 
protected by the state from potential threat 
endangering their life and/or property, before, 
during, and after the case examination process. 
Furthermore, deradicalization is governed in Article 
43D, BNPT institution’s authority in combating 
terrorism in Article 43 E, and the involvement of 
Indonesian Army (TNI) in combating terrorism in 
Article 43 I. Viewed from the aspect of sanction 
threat, Law Number 5 of 2018 has provided sanction 
up to death sentence.  
Judicative/applicative power is the law enforcer 
or court’s power in implementing the criminal law, 
and executive/administrative power is the 
implementation of the criminal law by punishment 
executing apparatus. Considering the three stages of 
law enforcement policy above, the criminal tackling 
is always oriented to the attempt of achieving 
community wellbeing. As suggested by Barda 
Nawawi Arief,(Barda Nawawi, 2002) the criminal 
policy or the criminal overcoming attempt is 
essentially an integral part of the social defense and 
social welfare attempts. 
In reality, the applicative policy implemented so 
far is predisposed more to the law enforcement that 
is punitive in nature, the policy of condemnation 
according to the sanction threat as formulated in the 
norm. But in fact, this punitive cannot give wary 
effect, as indicated with many ex-terrorists finally 
repeating their crime or becoming recidivism. 
Therefore, the legislator has provided a non-punitive 
instrument, deradicalization policy, as governed in 
Article 43 D, intended to the accused, defendant, 
convict, prisoner, ex-terrorism prisoner, or people or 
a group of people who have been exposed to radical 
terrorism. However, this policy has not apparently 
been implemented optimally yet. It is because the 
deradicalization program implemented by TNI-Polri 
(Indonesian Army - Police) is just limited to 
policymakers at headquarter or central levels such as 
in Coordinating Ministry for Political, Law and 
Security Affairs and BNPT and has not been 
implemented to the foremost unit level such as 
Koramil (Babinsa) and Polsek (Bhabinkamtibmas). 
In a recent development, the synergy of 
deradicalization program has not apparently been 
able to anticipate many problems yet. In the term of 
conceptualization, deradicalization is not only 
limited to rehabilitation, because in fact this program 
also involves terrorist prisoner families. Then, 
deradicalization essentially aims to neutralize 
ideology. For that reason, there should be an 
expansion of coverage thereby involving not only 
the prisoners but also their families and relatives. 
Deradicalization program developed as a building 
and guiding attempt to eliminate or at least to reduce 
the predisposition of radicalism amid community to 
prevent it from developing and threatening the living 
within society, nation, state, and religion has not 
been implemented optimally yet. Terrorism 
deradicalization has not touched the grass root yet, 
and TNI and Polri have not synergized massively so 
that the program has not run comprehensively, 
integrally, holistically and in an integrated manner 
yet. Unclear chain of command in coordination,