Terrorism Criminal Acts: Understanding, Types, and Legal Sanctions in Indonesia

Terrorism is still a real threat to national security and global peace. In Indonesia, various bombing events to the spread of radical ideas show that terrorist acts not only interfere with public order, but also damage the joints of national life.

Therefore, it is important for the community to understand what is meant by criminal acts of terrorism, how the types are classified, as well as what legal sanctions are waiting for the perpetrators. This article will discuss in a concise and clear legal basis, forms of acts of terror, and how the state overcomes it.

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Understanding of criminal acts of terrorism

In general, criminal acts of terrorism are acts that use violence or threats of violence to cause an atmosphere of terror or widespread fear, aimed at people or groups of people, or damage public facilities with ideological, political, or security goals.

Terrorism has a characteristic that is an act against the law that is carried out systematically with the aim of destroying or disrupting the sovereignty of the nation and state. That is, terrorism is not just an ordinary crime but also has an ideological or political goal and is done by violence that makes people feel afraid or panic.

Law of the Republic of Indonesia Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning Eradication of Terrorism Criminal Acts provides a more detailed definition of terrorism criminal acts, including various acts of preparation, experiments, assistance, to the implementation of the acts of terror itself.

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Types of Terrorism Criminal Acts

Terrorism is divided into several categories, namely as follows:

1. Based on the purpose or motive, grouped according to the main reason the perpetrators carry out terrorist acts.
   • Ideological terrorism, carried out on the basis of ideological beliefs. Usually religion, radical, extremist, etc. An example is a terrorist acts carried out by the jihad group.
   • Political terrorism, aims to disrupt the stability of the country, or separate the territory. For example attacks by separatist or rebel groups.
   • Economic terrorism, aims to disturb economic stability or extortion. For example attacks on vital economic facilities such as factories or ports.
2. Based on the method or means, referring to the way or tools used by the perpetrators in carrying out the action.
   • Physical terrorism, which involves direct violence such as bombing, shooting, and burning. An example is the Bali bombing tragedy.
   • Cyber ​​terrorism (Cyber ​​terrorism), which is done through the internet or electronic system to attack digital infrastructure or spread terror.
   • Bioterrorism, which uses biological agents such as viruses, poisons, diseases, with the aim of creating fear.
3. Based on the subject of the perpetrators, namely seeing who took the action, between individuals or groups.
   • Individual terrorism (Lone Wolf), which is done by one person without direct support from the group. An example is an attack carried out by independent radicalization actors.
   • Collective terrorism, which is carried out by organized groups, can be national or international. Examples such as the Network of Jamaah Ansharut Daulah (JAD) and ISIS.
4. Based on the scope of the region, is a classification based on the scope of attacks.
   • Domestic terrorism, which occurs and is aimed at domestically.
   • International terrorism, which involves crossing countries both from the perpetrators, victims, or the location of the attack.

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Legal basis for criminal acts of terrorism in Indonesia

Indonesia has a strong legal basis in eradicating the crime of terrorism. Some of the main laws and regulations governing this are:

1. Law of the Republic of Indonesia Number 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning Eradication of Terrorism Crimes: This law is the main legal umbrella that comprehensively regulates various aspects related to terrorism, ranging from definitions, types of criminal acts, legal sanctions, to prevention and countermeasures.
2. Criminal Code (KUHP): Some articles in the Criminal Code can also be applied in terrorism cases, especially those relating to general criminal acts such as murder, severe persecution, and destruction.
3. Government Regulation in Lieu of Law (Perppu) Number 1 of 2002 concerning Eradication of Terrorism Crimes (has been revoked and replaced by Law No. 15 of 2003): Although it has been revoked, this Perppu is an important legal basis at the beginning of efforts to eradicate terrorism in Indonesia after the Bali Bombing Tragedy.
4. Law No. 9 of 2013 concerning Prevention and Eradication of Criminal Acts of Terrorism Funding: Funding Terrorism is all acts in order to provide, gather, provide, or lend funds, both directly and indirectly, with the intention to be used and/or known to be used to carry out terrorism, terrorist organizations, or terrorists.

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Criminal sanctions for terrorism actors

Law Number 5 of 2018 strictly regulates criminal sanctions for perpetrators of criminal acts of terrorism. Sanctions given are very heavy, reflecting how dangerous this crime is for the security of the country and humanity. Some criminal sanctions that can be imposed include:

1. Criminal Prison: varying prison sentences, ranging from several years to life sentences, even the death penalty for certain terrorist criminal acts that result in the loss of the lives of others in a mass manner.
2. Criminal Fine: In addition to imprisonment, the perpetrators can also be subject to a significant amount of fine. This also applies to those who participate in funding terrorism.
3. Revocation of Certain Rights: The court can also revoke certain rights from the perpetrators, such as the right to be elected and vote in the general election.
4. Additional Crimes: In the form of seizure of goods used in criminal acts of terrorism or the results of the crime.

This law also regulates sanctions for those involved in the preparation, trials, assistance, or evil agreement to commit criminal acts of terrorism. In fact, people who hide information related to terrorism can also be subject to legal sanctions.

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Efforts to overcome and prevent terrorism

Prevention of criminal acts of terrorism is not only the task of the security forces, but also involves the active role of the community, state institutions, the private sector, and the education sector. The following is an effort to overcome and prevent terrorism.

1. Prevention
   • Contra Radicalization, is an attempt to ward off the spread of radical understanding that leads to terrorism. This effort was carried out through religious moderation education, digital literacy for the community, and the involvement of religious leaders and educational institutions. Examples are counseling and national dialogue.
   • Deradicalization, is a rehabilitation program for prisoners and ex -convicts of terrorism, as well as people or groups exposed to radicalism. The program forms are social and psychological guidance, ideology and religious re-educating, skills training and social reintegration.
   • Community involvement, because the community has the right and obligation to report suspicious activities, be alert, and support victims of criminal acts of terrorism. This can be realized through the holding of the Community Early Awareness Forum (FKDM) and the Community Task Force in the RT/RW environment.
2. Enforcement

Is a legal action to handle terrorism actors directly. This action is carried out by taking into account the principles of human rights (HAM) and accountability in accordance with national and international law.

3. National and international cooperation

• National cooperation, namely coordination between state institutions (BNPT, TNI/Polri, BIN, Immigration, etc.) and integrated in the National Action Plan for Extremism Prevention (RAN PE).
• International cooperation, such as the exchange of intelligence information and forensic data, extradition and Mutual legal assistance (MLA), and active participation in international forums (UN, ASEAN, etc.).

4. Prevention of terrorism funding
   • Tracking and freezing assets carried out by the authorities.
   • The involvement of financial institutions, such as the obligation to report suspicious transactions and prevent the use of accounts in the name of fictitious.
5. Anti-terrorism education and literacy

Through the school curriculum, campus activities, and community training, such as:

• Learning Pancasila values, tolerance, and diversity.
• Prevention of digital radicalization on social media.

Also read: Mechanism of Monitoring Human Rights Violations

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(This article has been edited by the perqara editorial team)

Legal basis

1. Criminal Code (KUHP).
2. Law No. 15 of 2003 concerning the Establishment of Government Regulations in lieu of Law Number 1 of 2002 concerning Eradication of Terrorism Crimes into Laws Amended by Law No. 5 of 2018 concerning Amendments to Law No. 15 of 2003.
3. Law No. 9 of 2013 concerning Prevention and Eradication of Criminal Acts of Funding Terrorism.
4. Government Regulation in Lieu of Law (Perppu) Number 1 of 2002 concerning Eradication of Terrorism Crimes (has been revoked and replaced by Law No. 15 of 2003).

Reference

1. Iqbal Ainurridho, et al., “Efforts to prevent criminal acts of terrorism through deradicalization in the context of handling criminal acts of terrorism in terms of Law No. 5 of 2018”, Journal when he underestimatedVol. 3, No. 1, (2023): p. 201-213.
2. Miski, “Criminal Acts of Terrorism in the Perspective of Islamic Criminal Law and Positive Law”, Al-mazaahib; Journal of Legal ComparisonVol. 9, No. 1, (2021): p. 83-109.
3. Rachmayanthy, “Terrorism Crimes from the Perspective of International Criminal Law”, Journal of Surya Kencana Dua: Dynamics of Legal and Justice ProblemsVol. 3, No. 1, (2016): p. 76-82.