TINJAUAN YURIDIS KEBIJAKAN PENGGUNAAN KEKUATAN BERSENJATA TENTARA NASIONAL INDONESIA PADA PENANGANAN ORGANISASI PAPUA MERDEKA DALAM PERSEPKTIF HUKUM TATA NEGARA

The presence of the Free Papua Organization in Papua has an impact on the stability of the Indonesian state which can cause major losses for the development of the country. The government, through the Coordinating Minister for Political, Legal and Security Affairs, Mahfud MD, has officially designated the Free Papua Organization (OPM) as a terrorist organization by referring to Law Number 5 of 2018 concerning the Eradication of Criminal Acts of Terrorism. This is not in accordance with Law of the Republic of Indonesia Number 9 of 2013 concerning Prevention and Eradication of Criminal Acts of Terrorist Financing which regulates the Procedure for Including the Identity of Persons or Corporations on the List of Suspected Terrorists and Terrorist Organizations. This research aims to examine the legal policy in determining the Free Papua Organization as terrorism and the use of force of the Indonesian National Army in handling the Free Papua Organization viewed from the perspective of Constitutional Law. In this research, researchers used normative juridical research with descriptive analysis. Based on the author's analysis of the legal issues that are the focus of this research, increasing the status of the Free Papua Organization as a terrorist organization must go through a Determination by the Central Jakarta District Court as regulated in Article 27, Law of the Republic of Indonesia Number 9 of 2013 concerning Prevention and Eradication of Acts. Terrorism Financing Crime. And the use of armed force by the Indonesian National Army (TNI) in handling terrorism by the Free Papua Organization can be carried out after a court determination that the Free Papua Organization is a terrorist organization as regulated in Article 27, Law of the Republic of Indonesia Number 9 of 2013 concerning Prevention and Eradication of Acts. Criminal Terrorism Financing.