Terrorism Crime Research Articles

The Role of Civil Servant to Protect Indonesia from Terrorism

The State Civil Apparatus (ASN) is an occupation for civil servants and government employes with employment contracts who work for government agencies and play a very fundamental role in maintaining the unitary state of the Republic of Indonesia. ASN urgencies include the implementation of public policies, civil servants and the connected the nation must be able to act as organizers of government and developmental missions through the implementation of policies and professional public services. In fulfilling its function as a link and unification of the nation, ASN must strive to protect the integrity of the unitary state of the Republic of Indonesia from terrorism crimes that can break the sovereignty anchored in Bineka Tunggal Ika. Dirrect speak and written expressions of opinions on social media don’t contain elements of hate speech against to Pancasila, the Constitution, Bhineka Tunggal Ika, the Unified State of the Republic of Indonesia and the government. Don’t convey information that shows the nuances of hate speech against ethnicity, race, religion, and between groups. ASN doesn’t participate in activities that lead to insult, incitement, provocation or hatred of Pancasila, the Constitution, Bhineka Tunggal Ika, the Unified State of the Republic of Indonesia and the government.

Dampak Ratifikasi Indonesia Terhadap International Convention for the Suppression of Terrorist Bombings 1997

Introduction: Terrorism as a type of Activities of Transnational/Criminal Organizations is a feared crime because it threatens the sovereignty of the state, society and individuals, disrupts national stability and pollutes democratic values.Purposes of the Research: To study and find out what things are regulated in the 1997 International Convention for the Suppression of Terrorist Bombings and the impact of Indonesia ratifying the 1997 International Convention for the Suppression of Terrorist Bombings. Methods of the Research: This study uses a normative juridical type which conducts research on the rules, norms and legal principles based on laws and regulations relating to the problem under study.Results of the Research: The results of this study explain the matters regulated in the 1997 International Convention for the Suppression of Terrorist Bombings, namely the efforts deemed necessary by the state party in tackling terrorism crimes within the scope of its country. It also regulates mutual legal assistance cooperation efforts, where countries that build cooperative relations can exchange information about the movement of terrorists considering that terrorism is a trans-national crime so that its handling can be more effective. The jurisdiction referred to in this convention is the regulation concerning the authority to enforce national law in the territory of a party based on the laws and regulations of that country. Extradition referred to in this convention is a regulation regarding the process of surrendering a person who is suspected or convicted to a country requesting surrender because he has committed a crime outside the territory of the surrendering country.

Pemidanaan terhadap Anak sebagai Pelaku Tindak Pidana Terorisme

This study aims to examine the criminalization of children as perpetrators of terrorism and the appropriate criminal sanctions against children as perpetrators of terrorism. This study uses normative legal research method because it examines and analyzes the criminalization of children as perpetrators of terrorism and the regulation of sanctions. The result of the study is that a child involved in terrorism network receives special protection from the state based on the mandate of UUPA considering that the child as a perpetrator of terrorism is actually a victim of the terrorism network itself. Regarding Child Perpetrators of Terrorism crimes, the SPPA Law has not regulated the handling of Child Perpetrators of terrorism. However, children are still children who must be protected and fulfill all their rights. The concept of criminal responsibility applied to adults cannot be applied to children as perpetrators of terrorism, as stipulated in Law No. 11/2012 on Juvenile Justice System.DOI: https://doi.org/10.26905/mlj.v3i2.9214

Kebijakan Optimalisasi Tugas Dan Fungsi Intelijen Kepolisian Dalam Upaya Deteksi Dini Pencegahan Tindak Pidana Terorisme

The State Police of the Republic of Indonesia, hereinafter referred to as a government institution, has the main task of being regulated in Law No. 2 of 2002 concerning the Indonesian National Police. In accordance with Article 13 of Law No. 2 of 2002, the Police have the main task of maintaining public security and order, enforcing the law, and providing protection, protection and services to the community. The problem in this research is to analyze the role of police security intelligence in conducting early detection of terrorism prevention efforts in the jurisdiction of the Central Aceh Police, and to analyze the factors that hinder Police security intelligence in carrying out early detection of efforts to prevent terrorism crimes in the jurisdiction of the Aceh Police. Central, as well as analyzing how to optimize the duties and functions of Police Intelligence in early detection of the prevention of criminal acts of terrorism in the jurisdiction of the Central Aceh Police. Based on the results of the study, it was determined that the role of police intelligence in preventing criminal acts of terrorism was to carry out early detection in order to know all changes in social life in society and its further development, identify the nature of threats that are being and will be faced.

Nilai-Nilai Pancasila Sebagai Pedoman Dalam Menepis Kejahatan Terorisme

Terrorism is one of the serious threats to the sovereignty of every country because it has posed a danger to the security of world peace and harmed the welfare of the people. This article intends to study the values of Pancasila as a guide in dismissing the crime of terrorism in Indonesia and formulate its application in people's lives. The research method used in writing this article is to use a literature study approach, namely journals, books, and a number of related articles. This paper aims to find out the factors that cause terrorism, the role of Pancasila in overcoming cases of terrorism in Indonesia, and how to prevent the influence of terrorism crime.

Normative rules for the obligations of international cooperation in criminal matters to combat terrorism

International cooperation in its criminal dimension in combating terrorism is launched to achieve a vital goal, which is to prevent "Avoiding from Punishment” and not providing a safe haven for terrorists in which to be safe from criminal prosecution for terrorist acts committed. Those involved it which constitute a violation of human values and international peace and security, and for the sake of which all parties have been strengthened the concerned countries. In this regards, the United Nations and regional organizations will make their efforts to confront these transnational crimes where its gravity transcends barriers of sovereignty and the sole interest of the victim state or individuals to the common interest for the international community as a whole, its stability and its basic values. These international efforts have manifested themselves in the outright criminalization of terrorist acts in international conventions, which formed standard rules for the conduct of states in their subsequent fight against terrorism at various global, regional and sub-regional levels, supported by the position of the United Nations, which it announced in the direct condemnation of the Security Council for terrorism and the need to deter and defeat it with concerted cooperation among states in decision by (1373) in 2001, and with the unified strategy of the General Assembly that it adopted to combat terrorism in the year 2006, emphasizing the obligations that fall mainly on states regarding to prevention and suppression to confront terrorism. Among these, the most important of which is international cooperation based on the principle known as "either surrender or trial", to be complemented also by another form of cooperation, which is the provision of legal aid, including the provision of legal aid, and here states must remove the obstacles that stand in the way of an effective investigation of international cooperation in criminal matters. Resulting from reasons related to the legal approach taken by states with regard to activating the rules of international law, whose effect applies to cooperation In terms of combating terrorism or because of conditions related to the same crime in which cooperation is requested, or the person sought for terrorist crimes, being a refugee or enjoying immunity, being one of the officials of the state in which collaboration is requested.

COMBATING CYBER-TERRORISM CRIME IN THE JORDANIAN LAW

Cyber-terrorism is one of the serious crimes that have emerged as a result of the scientific and technological revolution. This revolution has been negatively exploited, causing serious damages to all societies. Accordingly, the international community developed the Convention on Cybercrime in Budapest in 2001. The cyber-terrorism crime is a form of traditional terrorism crimes that are addressed under the Jordanian Anti-terrorism Law. This crime results in significant economic, military and human losses. This crime has been increasing and the methods of addressing it have been varied from time to time. This crime has become easily committed due making Internet accessible to all. Accordingly, this paper is divided into two topics. The first topic deals with the concept of the cyber-terrorism crime, and the second one discusses the legal framework of the cyber-terrorism crime. Keywords: Cyber-Terrorism Crime, The Jordanian Law

Indonesia’s Hard Approach and Soft Approach Counter-Terrorism Strategy

This research examines the dynamics of counter-terrorism policies in Indonesia from the Old Order (Orde Lama) era to the current period. Terrorist attacks have been a threat to Indonesia's national security since the beginning of the nation's independence. The government is required to counter terrorism through a series of effective policies. This research uses descriptive qualitative method with literature study. The results of the research obtained are that the pattern of countering terrorism in Indonesia is divided into two types of approaches, the hard approach and the soft approach. The hard approach method refers to the use of armed forces against terror organizations. The soft approach method prioritizes integrated and comprehensive actions in dealing with the problem of radicalism starting from the root of the problem. The hard approach was more used in the early era of independence until the New Order. Meanwhile, the soft approach has been massively used since the establishment of the National Counterterrorism Agency (BNPT) in 2010 until now. Indonesia's policies in the counter-terrorism strategy are then divided into three, namely strengthening counter- terrorism regulations, making programs to prevent terrorism crimes, and increasing the capacity of anti-terror organizations.

Acts Considered as Terrorism Crimes and Compatibility of Counter-terrorist Measures to International Standards: In Context of Ethiopia

Existence of accurate legal definition of terrorism is important for society and for governance to enable successful investigation and prosecution of terrorists within the established judicial system. Without international agreement on a definition of terrorism, it has not been possible to adopt a treaty covering all its forms. In other words, without a clear and precise definition of terrorism, it becomes impossible and impractical to talk about concepts and counter-terrorism measures in one country. Moreover, without a definition for terrorism, how can we define and investigate the correctness of those who practice it are? Further, even though terrorism is a danger to the peace, security and development of the country and a serious threat to the peace and security of the world at large and view of these challenges, the Government of Ethiopia has been exerting the necessary effort to prevent and combat terrorism through enacting and effectively implementing domestic laws, it must in conformity with the human rights law, and international humanitarian law. Thus, the basic objective of this Article was to critically observe and examine definition of terrorism, acts that constitute terrorism and other acts which can be considered as contributory to terrorism crimes under Ethiopian relevant laws adopted to combat terrorism; specially Prevention and Suppression of Terrorism Crimes Proclamation No.1176/2020. Under this article author also critically made analyses on the manner how current Ethiopian government adopted the new counter terrorism law and consideration given to it. Keywords: Definition of Terrorism, Counter Terrorism Movement, Terrorist Acts, Terrorism Crimes, Sub-Ordinate Crimes, Human Rights Approach

Cyber Terrorism Countermeasures in Indonesia

The crime of terrorism is classified as an extraordinary crime, along with various other forms of radicalism. Recent acts of terrorism are suspected to be the result of massive activism from cyberspace. The purpose of this study is to examine efforts to counter cyber terrorism. This research is descriptive with normative juridical research type, using literature studies through a theoretical approach, and then the data is analyzed qualitatively. The results of this study were coordinating actions by making agreements with other countries related to cyber terrorism crimes (including information exchange and creating data centres on Indonesia's servers to prevent cyber-terrorist operations), with efforts to prevent and eradicate cyber terrorism activities need a lot of cooperation, both with domestic and international stakeholders.

Алгоритм индивидуальной психологической работы с осужденными, отбывающими наказание за экстремистские и террористические преступления

The problem of the spread of extremist ideology in the penitentiary system and society as a whole does not lose its relevance. Since the manifestation of extremist ideology in the penitentiary system, signifi cant work has been done to study this phenomenon and to provide methodological support for the psychological work of penitentiary psychologists with persons convicted of extremist and terrorist crimes. The experience of conducting practical work with convicts of the category under consideration, as well as the experience of developing methodological products in this area of work of psychologists, allowed the author of the article materials to develop an Algorithm for individual psychological work with convicts serving sentences for extremist and terrorist crimes, schematically presented in the article. It should be noted that the Algorithm of individual psychological work with convicts serving sentences for extremist and terrorist crimes is designed, fi rst of all, with the aim of visually presenting the main stages of psychological work with persons convicted of extremist and terrorist crimes with the defi nition of appropriate psychotechnics (forms and content) for each from the indicated steps. Such a visual presentation of the main stages of psychological work is very effective in the process of training psychologist cadets in departmental educational organizations, as well as in the process of improving the skills of employees of the psychological service of the penitentiary system. In the process of practical work of penitentiary psychologists, the Algorithm of individual psychological work with convicts serving sentences for extremist and terrorist crimes also effectively solves a number of applied problems. It helps in resolving the often arising diffi culties in establishing effective primary contact, determines the variability in the content of the work of a psychologist, in the choice of various psychotechnics and procedures at various stages of work with convicts of the category in question.

Кибертерроризм как нетипичное проявление (форма) терроризма в современном мире

The article examines the doctrinal aspects of understanding cyber terrorism as an atypical manifestation (form) of traditional terrorism, actualized in the light of the intensive development and widespread dissemination of information and communication technologies (ICT) in the modern world. The conclusion is substantiated that cyber terrorism is a conceptually relevant concept, which is perceived either as a way of committing a terrorist act (truncated understanding), or as any terrorist crimes that are committed through the use of information and communication technologies (broad understanding). Analysis and generalization of scientific positions regarding the development of an optimal definition of cyber terrorism made it possible to define this phenomenon of social reality as the illegal use of information and communication technologies in relation to computer information, computer systems and networks in critical segments of the state and in the private sector, which create the danger of death of people, causing significant property damage or the onset of other socially dangerous consequences, with the aim of whipping up fear and tension, as well as influencing the authorities for political or other, inherent in the ideology of terrorism, motives.

The Emergence of a Definition for the Crime of Terrorism under Conventional- and Customary International Law

The recent terror attacks in Mozambique, which have crippled much of the Cabo Delgado region, once again, illustrates why the crime of terrorism is one of the most serious international crimes that continue to plague States. Historically, the definition of the crime of terrorism has been divisive and uncertain. This article aims to illustrate that the crime of terrorism has become less of an enigma and is, more than ever, susceptible to a common understanding and definition under conventional- and customary international law.

Problems of criminalization of cyberterrorist encroachments

This research is aimed at identify the main ways to improve the criminal legislation of Ukraine in the fi eld of counteracting cyberterrorism. The most precise attention is focused on considering of scientists’ proposals, as well as bills dealing with the criminalization of acts of cyberterrorism. The research is based on results of the analysis of the norms of criminal codes of some foreign states in the fi eld of counteracting acts of cyberterrorism. Terrorist activities in cyberspace in the context of globalization and the widespread use of information and communication technologies pose a serious threat to the security of any state and necessitate countering this phenomenon. It is impossible to properly сounteract the manifestations of cyberterrorism (in the scientifi c literature it is sometimes called «electronic», «information», «computer» terrorism) as a new type of terrorism without understanding its nature, modern forms and trends. The author consider that confi rming the position on the need for legislative regulation of criminal responsibility for cyberterrorist acts, we note that the proposed idea meets the grounds and criteria for criminalization, which are developed in the science of criminal law. The criminalization of all forms of terrorist activity without exception and their qualifi cation as terrorist crimes is a necessary precondition for the organization of proper counter-terrorism. A similar recent trend in European countries is in favor of such a solution. The cyber-terrorist acts committed in our state must be qualifi ed under Article 258 «Terrorist act» of the Criminal Сode of Ukraine. The study contains proposals to change the provisions of the current Criminal Code of Ukraine and its new draft, aimed at improving counteracting acts of cyberterrorism. The adoption of the rule in the proposed wording will contribute to a more eff ective response to acts of cyberterrorism, has a certain preventive potential, and also demonstrates the correct understanding by the legislator of the level of public danger of the analyzed acts. Key words: criminalization, cyberterrorism, act of cyberterrorism, cyberspace.

테러 범죄 예방을 위한 NFT(대체불가토큰) 및 가상자산의 법·제도적 대응 방안 연구

국내·외 현황을 보면, 각종 강력범죄 및 테러 등에 가상자산은 감시 와 규제를 피하기 위한 유용한 거래수단으로 악용되고 있다. 그 양상 은 점차 증가할 것으로 예상되고, 실제로 국내에서도 가상자산 불법행 위 검거 건수 및 인원은 매년 증가하고 있다. 그리고 NFT로 한정하 여 볼 때, 자금세탁방지법 적용 여부를 놓고 NFT는 블록체인 기술로 거래 내역을 추적할 수 있도록 설계되었기 때문에 자금 세탁 우려가 적다는 주장도 상당수 있다. 그럼에도 불구하고 본 연구에서는 실제로 불법도박이나 테러 자금으로 악용되고 있는 것처럼 NFT가 범죄의 수 단으로 사용될 수 있다는 가능성에 비중을 두고 규제가 필요하다는 측 면에 초점을 맞춰서 진행하고자 한다. 따라서 본 연구에서는 아직까지는 명확하게 정의할 수 없는 가상자 산에 대해서 개념과 특질, 현황 등에 대해서 살펴봤다. 그리고 가상자 산 규제 관련 해외 입법례 중 가장 대표적인 사례로 손꼽히고 있는 미 국과 유럽연합(EU) 사례를 분석해보고 여기에서 드러나는 시사점은 무엇인지 정리했다. 다음으로 본 연구의 핵심적인 사항으로서 테러 범 죄 예방을 위한 법·제도적 대응책 마련을 위해 공공안전을 해치는 범 죄에 대한 사전 예방 및 사후 해결 수단으로서 가상자산에 대한 합리 적인 수사 시스템 확립을 기술적·관리적 측면에서 모색했고, 규제기관 의 감독 방향의 합리적인 설정을 위해서 제도적 측면에서 대응 방안에 대해 제안했다. 지금까지의 논의가 완벽하지 못한 미완의 형태일지라 도 목표 달성을 위한 첫걸음을 떼었고, 과정 중 하나이므로 그 의미가 크다고 할 것이다.

PERAN KOMANDO OPERASI KHUSUS (KOOPSUS) TNI DALAM PEMBERANTASAN TINDAK PIDANA TERORISME

There is no further regulation regarding the role played by Special Operations Command Of The Indonesian National Armed Forces in eradicating the Crime of Terrorism through Military Operations Other Than War as stated in the TNI Law Article 7 paragraph (2) letter (b) number 3 through the main tasks of the TNI through OMSP to overcome acts of terrorism, so that there is a legal ambiguity in it and raises a question about the role and authority of the Special Operations Command Of The Indonesian National Armed Forces in the Eradication of Criminal Acts of Terrorism, as well as to what extent the Special Operations Command Of The Indonesian National Armed Forces can be deployed in the Eradication of Criminal Acts of Terrorism. Using normative legal research with statute approach and conceptual approach. This study explains that the role and authority of the Special Operations Command Of The Indonesian National Armed Forces in the Eradication of Criminal Acts of Terrorism is as an auxiliary task. In the context of terrorism crimes, the Special Operations Command Of The Indonesian National Armed Forces is involved in the Eradication of Criminal Acts of Terrorism which is carried out as an auxiliary task and there are limitations in the involvement of the Special Operations Command Of The Indonesian National Armed Forces in the Eradication of Terrorism Crimes such as the situation and conditions, place, time, and the level of threat that the Special Operations Command Of The Indonesian National Armed Forces can take action to the field in combating terrorism operations

Kejahatan Bioterorisme Dalam Perspektif Hukum Pidana Indonesia

The crime of bioterrorism is a terror threat that is very dangerous and difficult to detect so that it will have a major impact on the fulfillment of human rights, the regulation of bioterrorism crimes in Indonesia which has not been limited has increased the chances of attacks by biological agents that can occur at any time. The purpose of this research is to analyze the actions that are classified as bioterrorism crimes in the perspective of the Law on the Eradication of Terrorism Crimes and to analyze the forms of bioterrorism crime attacks. The results of this study are First, the laws and regulations in Indonesia which regulate the crime of bioterrorism are still inadequate because they are not regulated in a limited manner. Bioterrorism crimes are still generally regulated and considered the same as the usual forms of terrorism, even though the forms of attacks and weapons used in bioterrorism crimes are very different. Second, there are several methods used by terrorists in sending biological agents which can be classified in the form of 1) The method of delivery by using aircraft or spray tanks. 2) The method of intentionally sending animals or plants that have been infected by a biological agent to spread disease in a desired target area; 3) Sending pathogenic biological agents directly through conventional delivery such as through PT. POS, JNE, JNT if in the context of Indonesia.

Countering International Terrorism: Problems of Criminal-Legal Qualification

Background: The relevance of the research topic is based on the scientific significance of a comprehensive review of the current problems of establishing and implementing criminal responsibility for organizing activities of an international terrorist organization and participating in its activities in the context of criminal law countering terrorist crimes and terrorism in general. Objective: problems of criminal responsibility for organizing the activities of an international terrorist organization which are manifested not only in the legislative reflection of the signs of such an organization and the corresponding elements of crimes but also in the doctrinal understanding of the relevant provisions of the legislation and the application of such in investigative and judicial practice. Methods: author used a complex of system, empirical and comparative methods. Results: The importance of scientific research of the legislative, theoretical and applied aspects of criminal responsibility for organizing the activities of an international terrorist organization and participation in the activities of such an organization is dictated by the need to further improve the system of measures to combat terrorism and its individual manifestations, the catalyst of which is the criminal activity of organized international terrorist associations, creating conditions for expanding the scope and increasing the public danger of international terrorist activities. Conclusions: The analysis of the aspects of international cooperation in the implementation of measures to combat terrorism is carried out. The article substantiates the need to implement international legal norms of an anti-terrorist nature in the national legislation in order to increase the interstate cooperation in the fight against terrorism

Legal Protection for Witnesses and Victims of Crimes of Terrorism

Terrorism is a form of extraordinary crime that is an enemy to mankind. Terrorism throughout history has been a very frightening specter. This is inseparable from the impact it causes, the loss is not only property, life, physical, psychological, but also creates an atmosphere of terror that grips all levels of society. Therefore, victims and witnesses of acts of terrorism must receive protection in view of these various things. As a state of law, Indonesia has established several laws and regulations governing the protection of victims of terrorism, including Law no. 15 of 2003, as amended by Law no. 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2002 concerning Eradication of Criminal Acts of Terrorism into Law, Law no. 13 of 2006, as amended by Law no. 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims and other regulations. With the existence of a legal footing that regulates, it is hoped that it can provide protection for witnesses and victims of acts of terrorism. In addition, various parties also play a role in the recovery of victims from acts of terrorism, including; police institutions, social services, hospitals, Kesbangpol, PMI, NGOs, LPSK, and so on. However, witnesses and victims of criminal acts of terrorism in obtaining legal protection through the above regulations are not always in line with the existing reality. This is inseparable from the existence of inhibiting factors, both in the aspect of legal substance, legal structure, and legal culture components.

LEGAL STUDY ON THE CRIMINAL ACT OF ROBBERY PLANNING AT CIMB COMMERCE BANK BY A GROUP CRIMINAL CRIME AROUND THE REGION MEDAN CITY (CASE STUDY OF DECISION NUMBER 706/PID.B/2011/PN.MDN)

Acts of terrorism for any reason are not justified, either in a positive legal framework or in a religious perspective. The acts of terror carried out in Indonesia after the Bali bombings in 2002 have claimed many lives, property, have taken away the right to life and disturbed the peace of the community. For the city of Medan, in addition to the bombing, terror acts were carried out in the form of bank robberies with the motive of radicalism. One of the interesting things to study is tracing the motives of radicalism in the terrorist acts of robbery at the CIMB Niaga Bank in Medan City. the concept of deradicalization to counter terror acts in the future. The focus of this research is the robbery case of Bank CIMB Niaga Medan with the object of research on court decisions against the defendants of the robbery of Bank CIMB Medan. This type of research includes empirical normative research with a case study approach and exploratory analysis. Data collection techniques were carried out through interviews, literature review and focused discussions. The data analysis technique was carried out qualitatively. Qualitative analysis in this study was conducted to find a description of the roots of radicalism in acts of terrorism in the robbery case of Bank CIMB Niaga Medan which had legal force (incracht). This research is planned to be conducted in 1 year with a case study approach and exploratory analysis. Data collection was carried out by studying literature by collecting the results of previous studies and court decisions against convicts of the robbery of Bank CIMB Niaga Medan, then data collection activities were also carried out by means of interviews with criminal law experts and terrorism experts. Based on a literature search and analysis of the Medan District Court's decision Number 706/Pid.B/2011/PN.Mdn dated August 2, 2011 which tried the perpetrators of the Medan City Branch of the CIMB Niaga Bank Robbery, information was obtained that there was no connection with the crime of terrorism. The Medan District Court has decided on 14 defendants, all of whom were legally and convincingly proven to have committed acts of terrorism. The defendant's mistakes under the provisions of the Terrorism Law are different from each other and the criminal events that have been proven to be proven also vary, because the defendants are not all perpetrators of the robbery of Bank CIMB Niaga Medan. Based on the judge's verdict from the Medan District Court's decision, it was concluded that there was no radical motive in the terrorism case of the Medan City Bank CIMB Niaga robbery.