Prevention Of Terrorism Research Articles

MUST THE PREVENTION OF TERRORISM ENTAIL THE VIOLATION OF HUMAN RIGHTS? THE CASE OF MALAYSIA’S PREVENTION OF TERRORISM ACT

The enactment of the Prevention of Terrorism Act 2015 (POTA) in Malaysia has led to numerous detentions and rulings that are arguably violations of human rights. Through an analysis of primary and secondary materials, viz., the Federal Constitution of Malaysia, court decisions and relevant statutes, this paper questions the necessity of such draconian preventive detention legislation as POTA and concludes that a valid concern for national security has infringed the rights of Malaysian citizens. Thus, POTA must be re-evaluated and re-examined to ensure that the Malaysian government defends the traits that differentiate them from the terrorists they are combating.

PREVENTION OF TERRORISM IN THE NORTH CAUCASUS

The article reflects the experience of recent years in the field of terrorism prevention in the republics of the North Caucasus, where today there is a significant decline in terrorist activity. Based on the analysis of the research data, it is argued that the success of the state in preventing terrorism is due to an increase in the quality of interdepartmental and inter-level interaction of all subjects of countering terrorism, focusing on targeted work with categories of persons most exposed to the ideology of terrorism and extremism, as well as the involvement of broad public circles in this activity. The article also describes some problems in the approaches and organization of measures to prevent terrorism in a number of republics of the North Caucasus, and suggests for testing those solutions that are successfully practiced in individual municipalities and regions.

Penanggulangan Tindak Pidana Cyber Terrorism dalam Perspektif Kepastian Hukum

One example of the Cyber ​​terrorism case committed by Bahrumsyah and M. Bahrun Naim, who is known to have transferred funds to make car bombs to ISIS support groups in Solo. So based on the crimes committed by Bahrun in getting money from the ISIS group in Syria, while the money sent to his network in Indonesia was carded. The main problem of this research is law enforcement in the prevention of cyber terrorism according to Indonesian positive law, and the legal provisions for tackling cyber terrorism from the perspective of legal certainty. This research is included in the normative juridical research typology with secondary data types, so as to produce research in the form of prescriptive analytical through literature studies. The results of this study reveal that there is no law enforcement in the prevention of cyber terrorism. Theoretically, the perpetrators of cyber terrorism cannot be held accountable because criminal liability takes into account the elements against the law in the formulation of offenses and is related to the principle of legality and elements of guilt. The lack of certainty in tackling cyber terrorism is due to the higher frequency of technology use with a developing system, with the existing convergance of media. It is hoped that it can provide legal certainty that comprehensively regulates the movement and use as well as irregularities in cyber crime that uses computers as the main tool and benefits of the developing technological media

Fighting terrorism at the local level: the European Union, radicalisation prevention and the negotiation of subsidiarity

ABSTRACT In this article, we investigate how the EU mobilises a spatio-temporal imaginary of the “local” in its counter-radicalisation activities as a means of navigating subsidiarity principles and expanding its remit as a “holistic security actor” (cf. Baker-Beall [2016]. The European Union’s fight against terrorism: discourse, policies, identity. Manchester: Manchester University Press). Extant work on the EU’s terrorism prevention efforts has focused on how the organisation constructs transnational terror threats that require supranational, EU-level responses. Our research makes an original contribution to these literatures by demonstrating how the EU also seeks to intervene “below” the level of the nation state. EU counter-radicalisation works directly with subnational actors in municipalities, cities, and frontline public services across Member States. Employing the first systematic analysis of the EU’s Radicalisation Awareness Network (RAN) outputs, we demonstrate how “the local” frames pre-emptive counter-terrorism interventions as “upstream”. “Closer”, or “localised”, reads as “earlier” in this discourse. We also unpack how EU institutions and Member States have voiced concerns about the circumvention of subsidiarity (through engagement with local actors across the Union), by criticising the “effectiveness” of RAN. While the European Commission has taken steps towards addressing these grievances, its proposals reflect a further renegotiation and repositioning of the EU as a security “facilitator” across spaces deemed simultaneously local and transnational.

TAX EVASION AND MONEY LAUNDERING AS A SET OF CRIMINAL OFFENCES

Article is the author's cooperation project after the coauthor's successful master's defence, by supplementing the study with new knowledge. Based on the assessment of the “MONEYVAL” Committee on the Prevention of Money Laundering and Terrorism Financing of the Council of Europe, Latvia faces and continues to face the risks of money laundering and terrorist financing. In order to alleviate these risks, various measures are being taken in the State, including by making amendments to the laws and regulations and directly in the Criminal Law and the Law on the Prevention of Money Laundering and Terrorism and Prohibition Financing. Tax evasion is a predicative offence laid down in article 218 of the Criminal Law, committing and legalizing funds, thus committing a criminal offence in article 195 of the Criminal Law – money laundering. In view of the fact that tax collection provides revenue in the national budget, the risks of tax evasion are considered to be a significant encroachment on public and public interest. The consequences of tax evasion affect the entire company, in the interest of which it is expected that the State budget receives all the payments due to it. In protecting the public budget and public welfare, the legislature established criminal liability for offences in the field of taxation. The object of the Master's work is the settlement of criminal relations in the field of taxation and the economy. The subject of the Master's work is the criminal legal norms of criminal offences such as tax evasion and money laundering, law doctrine and jurisprudence. The work analysed the provisions of criminal law, compiled legal literature findings and case law. In addition, there is a view of the problem of the problem of criminal law in connection with the confiscation of virtual currency, as well as the risks of tax evasion, identified problems, gaps and offered solutions.

An Explorative Study into the Importance of Defining and Classifying Cyber Terrorism in the United Kingdom

Terrorism, crime, and war are all familiar notions; however, the way in which these have been altered through cyberspace is not yet fully, nor unanimously, understood through definitions, theories, and approaches. Although the threat level of terrorism in the UK has lowered to moderate, the threat posed by cyber terrorism has nonetheless heightened throughout the COVID pandemic due to the greater necessity and presence of technology in our lives. This research aimed to highlight the necessity for a unanimous cyber terrorism definition and framework and further aimed to determine what perceptions are held by the general public regarding cyber terrorism through a mixed methods approach. The literature review confirms that there is an absence of a unanimously agreed upon definition of cyber terrorism, and furthermore that the existing academic definitions are not compatible with UK legislation. In addition, the literature review highlights an absence of a cyber terrorism framework that classifies what kind of terrorist activity is cyber enabled or cyber dependent. Quantitative data from the online survey find a couple of significant effects implying the necessity for greater diversity amongst stakeholders which could potentially enhance the detection and prevention of terrorism in the UK. The qualitative data find that although there is some agreement amongst the sample population in views held towards cyber terrorism, some misconceptions are nonetheless present which could have implications on the general public’s ability to identify and report cyber terrorist activity. Overall, the findings from the literature review and the primary data collection aid in developing a cyber terrorism definition that is compatible with UK legislative definitions, and further aids in developing a terrorist activity framework that succinctly highlights the inextricable links between traditional, cyber enabled, and cyber-dependent terrorism.

Terrorism Pre-Detection Indicator in Malaysia

This study discusses terrorist ideology, movement and activities detection in Malaysia. It is part of the efforts to create awareness among the Malaysian public about terrorism by providing insight or knowledge on terrorism, its issues and groups, and the legislation to prevent the movement in this country. Therefore, specifically, this writing aims to discuss terrorism in Malaysia. The main objectives are to examine terrorism concepts from the Islamic and Western perspectives, study terrorism-related issues in Malaysia, analyse the Malaysian legislation on terrorism, and investigate terrorism prevention measures according to the Malaysian Federal legislation. The author has referred to several authoritative sources from the Quran and the Sunnah, legislation provisions, and the opinions of fiqh scholars of various sects to explain terrorism reality. This qualitative study used content analysis in analysing the fiqh scholars' views and provisions in the existing written law in Malaysia. The study implies that it provides insight for the legislative body to introduce better legal provisions on terrorism; also, it prompts awareness among the public, especially on the understanding and knowledge on terrorism.

Restorative Justice Breakthrough By The Prosecutors To Maximize Terrorism Prevention Effort

Restorative Justice Breakthrough By The Prosecutors To Maximize Terrorism Prevention Effort

LEGAL REGULATION OF MOST DANGEROUS MICROORGANISMS STRAINS HANDLING

The statutory basis of Ukraine on the treatment of strains of most dangerous microorganisms has been analyzed, and the terminology important for further understanding of the issue has been clarified. The aim of the paper is to study the state of legal regulation in Ukraine of relations in the field of treatment of strains of especially dangerous microorganisms, to pro- vide analysis of the current legislation of Ukraine in this area, as well as the practice of its application. Theoretical bases of legal support of legitimation of activity in this sphere, including that for the purpose of protection of biological safety have been established. The necessity of legal regulation of participants of relations concerning treatment of strains of especially dangerous microorganisms activity has been substantiated. The current state of legal regulation of relations in the field of strain management requires, given the intersectoral nature of the isssue, consideration of the creation of a single intersectoral authority for the supervision of hazardous biological objects. Such a authority may not only be a licensing authority, but also responsible for the introduction of a register of owners of hazardous biological objects that are not economic entities (for example, individuals – owners of collections of such biological objects).

ВОСПИТАНИЕ КУЛЬТУРЫ МЫШЛЕНИЯ И ГРАЖДАНСТВЕННОСТИ ПОДРАСТАЮЩЕГО ПОКОЛЕНИЯ КАК ПРОТИВОДЕЙСТВИЕ ЭКСТРЕМИЗМУ И ТЕРРОРИЗМУ

The article is devoted to project work with students of schools, colleges and universities on patriotic education, the formation of citizenship and the prevention of extremism and terrorism.

A Study on the Critical Consideration and Legislative Direction of Police Intelligence Collection Activities for the Prevention of Terrorism

국내 대테러활동의 주무기관이 경찰청임에도 국내 대부분의 대테러 정보활동에 관한 논문은 「테러방지법」에 따른 국가정보원을 중심으로 연구하고 있다. 따라서 이 논문에서는 경찰의 대테러 정보수집활동에 주안점을 두어 법적 측면에서 비판적 고찰을 하고서 그 입법적 방향을 제시하고 있다. 특히 경찰의 정보활동을 위한 새로운 입법 제정과 그 법률 내부에 경찰의 대테러 정보활동의 규정 신설을 주장하고 있다. 테러공격은 평상시의 법질서로는 감당하기 힘들므로 예외적인 비상사태의 상황을 전제로 한다. 그 결과 일반 범죄와는 달리 대테러 정보수집을 위하여 상당한 권한이 부여된다. 경찰은 테러공격의 잠재적 가능성을 사전에 탐지하여 그 위험을 적극적으로 차단하여야 하며, 이를 위하여 테러단체의 활동 및 그 관련자를 감시하거나 추적하면서 정보를 수집할 수 있다. 「테러방지법」이나 경찰 관련 법률에서는 경찰의 대테러 정보활동을 위한 법률적 근거를 마련하고 있으나, 이는 충분한 근거라 보기 힘들다. 그 결과 경찰의 정보활동에 대한 수권규정이 불충분하여 ‘해야 할 직무’와 ‘하지 말아야 할 행위’의 경계가 불분명하다. 이러한 문제를 해결하기 위하여 이 논문에서는 침해적 행정작용의 법적 성격을 강하게 지니고 있는 경찰의 정보활동에 관한 명확한 절차적 규정을 새로운 법률형태로 제정할 것을 제안하고 있으며, 이 법률 속에 대테러 정보활동의 요건, 절차, 사전 및 사후적 통제 등에 관한 규정을 신설할 수 있도록 법치주의에 근거하여 입법방향을 제시하고 있다. 대테러활동에서 정보활동은 선제적 혹은 예방적 조치에 주안점을 두고 있으며, 형사법상 구체적 범죄혐의 이전에 또는 경찰법상 구체적 위험 이전 단계에서도 대테러 정보활동이 인정된다. 그렇지만 대테러 영역에서 핵심적인 역할을 하는 예방경찰적 테러정보수집활동은 단순히 테러가 발생할 가능성이 있다거나 그에 따른 피해가 중대하다는 이유로만 허용될 수 없다. 따라서 구체적 위험 이전 단계에서의 경찰 정보활동은‘구체적 사실에 근거한 테러위험성’을 요건으로 하여 비례성원칙과 규범의 명확성이라는 법치주의적 통제에 부합될 때 정당화될 수 있으므로 이를 입법화 하여 규범적 통제를 강화할 필요가 있다. 또한 테러행위 및 테러위험인물의 지정, 대테러 조사 및 추적에 관한 규정뿐만 아니라 사이버 테러에 대한 조사 규정도 구체화할 필요가 있다. 이를 통하여 경찰의 대테러 정보활동의 근거 및 한계를 명확히 함으로써 정보기관의 권한남용의 방지에 기여할 수 있고 아울러 사후에 경찰 정보활동의 적법성 심사 기준을 제시할 수 있다. 또한 국민의 기본권 제한을 사전에 예측가능하게 함으로써 법치국가적 요청에 부응할 수 있다고 본다.

Legal bases for counteracting financial terrorism

The legal regulation of the basics for counteracting financial terrorism in connection with financial security has been studied. It has been established that financial terrorism can be considered as a multifaceted phenomenon, and therefore it is extremely dangerous for national economic interests. Financial terrorism is primarily a threat to the economic interests of the state, and therefore threatens national security in general. The fight against financial terrorism is directly linked to financial security. It has been established that financial security is an integral element of economic security, which, in turn, is a part of the national security of the state. The views of scientists on the content and essence of financial security have been studied, on the basis of which a conclusion has been made about the characteristics of financial security as a state of prevention of financial terrorism. It has been concluded that financial security has the following features: future orientation, dynamism, focus on sustainable growth, priority of national economic interests, economic independence of the state, its independence from the influence of external capital, which is especially relevant in external aggression. The content of the main normative legal acts, which determine the basic principles of counteraction to financial terrorism in the context of the principles of legal regulation of tax, foreign economic and other economic activity as a means of financial security, has been analyzed. It has been concluded that the fight against financial terrorism is a system of legal, organizational, financial, economic and methodological measures aimed at ensuring the protection of the financial interests of the state as the financial basis of its activities, prevention of real and projected threats. The classification of legal bases for counteracting financial terrorism on specificity of a direction has been offered; the general economic bases and financial and legal bases which are those guiding principles which are revealed in regulation of financial and legal relations, and also financial and security bases have been allocated. It has been noted that the implementation of reforms on Ukraine's European integration becomes possible only under the conditions of legal consolidation, detailing and observance of the legal bases of counteraction to financial terrorism in those normative and legal acts, which regulate the issues of financial security.

PROCEDURAL PARTICIPATION OF BANKS IN COVERT INVESTIGATIVE (SEARCH) ACTION «BANK ACCOUNTS MONITORING»

Abstract. The concept of financial monitoring as a set of measures carried out by the entities of primary and state financial monitoring in the field of prevention and counteraction to separatist funding (article 110-2 of the Criminal Code of Ukraine), legalization (laundering) of criminally obtained property (article 209 of the Criminal Code of Ukraine), and terrorism funding (article 258-5 of the Criminal Code of Ukraine) is developed and proved. The relationship between the categories of «terrorism» and «finance» is determined in the following areas: money paid to terrorists for refusing to commit violence acts; covert funding of terrorist organizations by certain states, non-governmental organizations, and criminal groups; «money laundering» and its introduction into legal circulation; creation of own groups in commercial, credit and financial institutions by terrorist organizations; ‘launderingof money’ obtained as a result of criminal activity. The risks in the system of prevention of terrorism and counteraction to legalization of criminally obtained proceedsare outlined. They were defined as the following: non-transparent funding of political parties; the share of cash resources addressed to the mentioned criminal activity; «outflow» of capital; absence of a clearly defined sectoral risk assessment of the entities of primary financial monitoring in the field of prevention and counteraction to legalization (laundering) of criminally obtained proceeds. It is offered to include the risk of terrorism and separatism funding through deposit-taking corporations tobanking risks. An attempt has been made to accumulate the majority of the latest achievements (as legislative, theoretical and research aswell as applied ones) on the issues of legal regulation of the studied procedural, financial and legal relations, on the basis of which scientific views are proved and proposals for improving regulations in this area are worked out. Keywords: monitoring, banks, covert investigative actions, bank accounts monitoring, terrorism funding, banking risks, financial and legal relations. JEL Classification E42, E52, G28, K13, K14 Formulas: 0; fig.: 1; tabl.: 0; bibl.: 16.

Prevention of terrorism, extremism and radicalisation in Sweden: a sociological institutional perspective on development and change

ABSTRACT National approaches to prevent terrorism, extremism, and radicalisation have changed considerably over the last decades. Previous studies mapping these changes have primarily relied on empirical analyses of formal policy and political processes. This case-study of Sweden takes an alternative route, and analyses a dataset of 1405 Swedish newspaper articles (1985–2019) using a new institutional theory and social movement theory framework. Therethrough, the paper is able to provide new insights into the emergence and development of an institutional issue field concerned with the prevention of terrorism, extremism, and radicalisation. More specifically, the paper highlights the unstable, fragmented, dynamic and contested character of the field’s development. Frames containing the problems and solutions considered most important during each of the field’s five stages are identified, and the subsequent institutional and organisational consequences are discussed. The paper also considers how terror attacks and other extremism-related events impact the institutionalisation and alternation of dominant frames, and identifies the translation and development of an inclusive vocabulary as pivotal to mobilising a broad and diverse set of actors to co-produce preventive efforts.

Social Worldviews and Personal Beliefs as Risk Factors for Radicalization: A Comparison Between Muslims and non-Muslims Living in Poland

This paper contributes to the understanding of the radicalization process. Muslim and non-Muslim residents of Poland were compared on their pro-terrorist attitudes toward sacrifice and non-sacrifice terrorism. We observed that acceptance of sacrifice terrorism and non-sacrifice terrorism are distinct but overlapping attitudes. These attitudes are explained by a separate configuration of social worldviews and personal beliefs. We found acceptance of non-sacrifice terrorism to be predicted by individual belief in a hostile world and the perception of low social support, whereas acceptance of sacrifice terrorism is determined by religious fundamentalism and authoritarianism. The separate beliefs underlying these two forms of pro-terrorist attitudes may indicate their different psychological functions. Acceptance of sacrifice terrorism serves as a defense of religion and culture, whereas acceptance of non-sacrifice terrorism serves to release personal frustration. This distinction may be used in terrorism prevention programs and/or de-radicalization programs. We also found that the risk of radicalization increases with the socio-cultural isolation of Muslims, decreases with age, and is particularly high for males.

CYBER TERRORISM PREVENTION AND ERADICATION IN INDONESIA AND ROLE AND FUNCTIONS OF MEDIA

The objective of terrorist is to create widespread fear to the society. This issue has then direct or indirect influent to the role of print and electronic media. Nowadays, the terrorist acts are carried out not only with physical violence but also by non-physical means through the medium of internet as a global communication. The main question is, whether terror groups could be protected as part of the freedom of expression. This article discusses mainly on the prevention and eradication of cyber terrorism in Indonesia and its relations to the role and function of Media.

Upaya Pencegahan Faham Radikalisme dan Terorisme melalui Kearifan Lokal Di Sumatera Selatan

There are still many acts of terrorism in Indonesia which is clear evidence that a security approach is not effective enough to eradicate terrorism and radicalism to its roots. South Sumatra Province itself in 2019 was at 37.33 percent or in the low category. However, even though it is in a low category, the people of South Sumatra cannot just let their guard down with the potential for radicalism and terrorism. Because in a short time this condition could change. For this reason, efforts to prevent the spread of radicalism and terrorism are necessary. Therefore, various approaches to dealing with terrorism and other radicalism must also be pursued. For example, through developing culture in each area or what is known as local wisdom. Local wisdom in Indonesia is too interesting to discuss. Including local wisdom in South Sumatra. One of the local wisdoms in South Sumatra includes speech culture. This study aims to examine the role of local wisdom in efforts to prevent radicalism and terrorism. The method used in this research is descriptive qualitative, by interviewing several expert informants who understand local wisdom and efforts to prevent radicalism and terrorism. It is hope that this research can become a reference for other research related to the prevention of radicalism and terrorism through local wisdom. The results of this study indicate that local wisdom provides an important role and learning in efforts to prevent radicalism and terrorism. Keyword : local wisdom, radicalism, terrorism

The Juridical Analysis on Effectiveness of Terrorism Prevention in the Digital Era

This study aims to analyze juridically regarding the effectiveness of preventing acts of terrorism in the digital era. The method in this research is non-doctrinal. Based on the analysis conducted, it was found that currently, the implementation of digitalization-based terrorism prevention has not been able to materialize effectively, this is shown by the increasing recruitment of members of terrorism, financing of terrorism, and the spread of terror through digital media today. Act No. 5 of 2018 in its development has not regulated the implementation of a clear terrorism prevention and the position of the protection and recovery of victims of terrorism is not yet clear and regarding the progress of information and communication technology as a means of terrorism has not been clearly regulated. In addition, it has not yet been regulated related to efforts to prevent and deal with criminal acts of terrorism. So in other words, it can be said that the proliferation of advanced methods of terrorism has not been clearly regulated in the legal politics of handling terrorism.

Rola edukacji w zakresie kształtowania świadomości społeczeństwa na wypadek zagrożeń terrorystycznych.

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Application of Business Games in Training of Employees of Regional Executive Bodies and Local Self-Government Bodies

The author raises the issues of applying innovative approaches in the educational and methodological process of training personnel, whose competence includes the implementation of measures to prevention of terrorism. The article discusses the features of conducting practical exercises in the simulation games form, their part and positive experience in the provision of education organization, and advanced training of employees of the antiterrorism commission apparatus in the constituent entities of the Russian Federation, executive authorities, and local self-government bodies.