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This research is classified as legal research because legal science has a character that
is characteristic normative.1 The nature of the research in this writing is descriptive that is
done by a normative judicial approach. The data primarily used in this research is secondary
data, while primary data is used as a supplement. Data is provided in two ways, from
literature research and field research. Because classified as a legal research, the problems
studied were approached by statute approach, conceptual approach, case approach, and
comparative approach.2 Statute approach in addressing a legal fact, traced to the relevant
legal provisions, the provisions of the law are in the article of legislation that contains norms.
Norm is a proposition (normative). Norm as a form of proposition is composed of a series of
concepts (law).3 Conceptual approach is done when the researcher does not set research base
from the existing rule of law, because there is no regulation yet or is not regulated explicitly
on the regulation to addressing problem.4 Case approach needs to be understood about the
5
legal reasons (ratio decidendi) used by the judge as the basis for the decision. Statute
approach related to the issues in this study is the norms contained in the relevant legislation in
this study. According these approaches to the legislation, there are also approaches on
conceptual approaches related to the concept of terrorism financing, the concept of
prevention and eradication of terrorism financing, the concept of criminal responsibility of
terrorism financing, the political form of the prevention law and the eradication of criminal
acts Financing of terrorism, both from legal doctrines and scholars sight (law). In addition,
there is also a series of case approaches that move from the decision and / or the
1 Philipus M. Hadjon, and Tatiek Sri Djatmiati, Argumentasi Hukum, cet. I, Gadjah Mada University Press, Yogyakarta, 2005, p. 1-3.
2 Ibid., p. 42-43. See also Peter Mahmud Marzuki, Penelitian Hukum, cet. I, Prenada Media, Jakarta, 2005, p. 96-126.
3 Philipus M. Hadjon and Tatiek Sri Djatmiati, Ibid., p. 38-39. See also Peter Mahmud Marzuki, Ibid., p. 96-102. In the form of legislation
approach. In addition, in the legislative approach, it is not only looking at the form of legislation, but also auctions of its content, namely its
ontological basis, the birth of the law, the foundation of the law's philosophy, and the legislation ratio (related to interpretation or
interpretation).
4 Ibid., p. 137. In constructing the concept is not just daydreaming and searching in the fantasy, but first the researcher must move from the
view and doctrines that developed in the Law Science. Therefore, in conceptual approach the researcher needs to refer to the principles of
law. These principles can be found in the views of law scholars or legal doctrines. Although not explicitly the concept of law can be found in
the law. It's just that in identifying these principles researchers first understand the concepts through existing views and doctrines. Besides
the principles of legal concepts in addition to legislation, the concept of law can also be found in court decisions, but the whole concepts are
derived from the understanding of legal concepts conveyed in the doctrines and views of the bachelor. If the concepts of legal doctrines and
the views of scholars are not understood then the researcher will find it difficult to do research with conceptual approach approach.
5Ibid., p. 119, Ratio decidendi is what shows the science of law is a science that is prescriptive rather than descriptive. While the dictum of
legal decision is a descriptive. Therefore, the approach of the case is not to refer to the dictum of judgment but to the ratio decidendi.
determination of the court relating to the reasons as consideration (ratio decidendi) of its
decision (law) on applying the principle of prevention and eradication of terrorism financing
in Indonesia. The comparative approach is to compare the regulatory and legal politics
system in other countries that regulate the issue of prevention and eradication of terrorism
funding of terrorism.
The analytical descriptions should contain the conformity of something with the
appropriate measure of the fulfillment of certain quality requirements. In this case, the
prevention and eradication of criminal acts. Analysis with existing data and data. After that,
the existing data exploited, applied and evaluated then, into a result of research that can be
accounted this systematics of scientific writing.
6J.J.H. Bruggink, Rechtsreflecties, translated by Arief Sidharta, Citra Aditya Bakti, Bandung, l995, p. 213-218. See also Philipus Mandiri
Hadjon and Tatiek Sri Djatmiati, Argumentasi Hukum, Gajah Mada University Press, Yogjakarta, 2005, p. 1-5.
7 The criticism in question is critical methodology, critical practice, critical philosophy and normative critical as described in Jan Gijssel
dan Mark Hoekce, Wat is Rechteoris ?Terjemahan B. Arief Sidharta, Laboratorium Hukum Fakultas Hukum Universitas Katholik
Parahyangan, Bandung, 2000, p. 80-8.
8Maria S.W. Sumardjono, 2001, Pedoman Pembuatan Usulan Penelitian Sebuah Panduan Dasar, Cetakan 3, Gramedia Pustaka Utama,
Jakarta, p. 10