Extrajudicial Killing in Counterterrorism: Reformulating Preventive Measures

This article examines the issue of extrajudicial killings in Indonesia and their impact on human rights values and police violence. Despite being violations of international human rights norms, extrajudicial executions continue to be justified through ambiguous criminal law standards and the discretion exercised by law enforcement agencies. The article suggests changing preventive measures by setting up an independent ex-post review system, avoiding political and racial bias, and putting legal prescription and proportionality into the rules of criminal law and terrorism law. These concepts aim to enhance legal certainty and safeguard human rights, thereby fostering a more democratic approach to counterterrorism. The regulation of extrajudicial killings, while still allowing for counterterrorism actions, can contribute to mitigating police violence by upholding human rights values.