Terrorism Crime Research Articles

Analysis and examination of terrorism crime legislation

In the past 10 years, China’s legislation on terrorist crimes has undergone great changes, which not only responds to the inherent requirements stipulated in the international conventions, but also refl ects the policy governing terrorist crimes. The legislation of terrorist crime presents new dimensions, specifi cally for the preventive strengthening, the increase of severity, the increase of rigour. Under the background of risk society, the legislation of terrorism crime has positive social signifi cance, which is embodied in the combination of punishment after the event and prevention before the event, the unity of behavior harm and personal danger. In the future criminal legislation, it is necessary to enhance the foresight of legislation, promote the scientifi c nature of legislation, and strengthen the effective connection between criminal law and anti-terrorism security law, which should be the development direction of terrorism crime legislation

Отзыв официального оппонента о диссертации З. М. Бешуковой «Механизм уголовно-правового противодействия экстремистской деятельности: содержание, структура, основные направления оптими- зации», представленной на соискание ученой степени доктора юридических наук по специальности 12.00.08

Objective: to conduct a comprehensive analysis of the doctoral thesis by Z. M. Beshukova on “Mechanism of criminal-legal counteraction to extremist activity: content, structure, main directions of optimization”, defended in 2021 in the Dissertation Council D 212.320.04 at Chechen State University.Methods: the dialectical method of cognition was used, which, taking into account the topic and content of the thesis, determined the choice of the following research methods: analysis, synthesis, comparative-legal method, etc.Results: the author’s concept is studied, aimed at increasing the level of criminal-legal counteraction to extremist activities. The relevance of the direction taken for the study is confirmed. The main directions of criminal policy optimization in the studied area are highlighted, including by demonstration of their content and structure. The main provisions submitted for defense are supported, which constitute the author’s research concept. The reviewer’s opinions on the thesis are presented, concerning the use of positive foreign experience in counteracting extremism, the proposed options for the terrorist and extremist crimes qualification, as well as the proposed legal conditions governing the grounds for exemption from criminal liability for persons who participated in the activities of an extremist organized group or extremist community. A critical evaluation was carried out for the main provisions of the thesis, for example, the absence of the author’s concept of extremist activity; the definition of goods and values in relation to which the goals are achieved and the functions of the criminal-legal counteraction to extremism are implemented; the author’s classification of terrorist crimes; the proposed version of Article 2821 of the Criminal Code of the Russian Federation “Creation of an extremist organized group, extremist community or participation in it”.Scientific novelty: the author evaluates the thesis by Z. M. Beshukova, submitted for the degree of Doctor of Law in the major “12.00.08 - Criminal Law and Criminology; Criminal Executive Law” on “Mechanism of criminal-legal counteraction to extremist activity: content, structure, main directions of optimization”, identifies its scientific achievements, defines the provisions that allow adjusting the criminal policy in the sphere of extremism counteraction.Practical significance: the review allows using the obtained results in all elements of legal technique focused on countering extremist activities.

The European Human Rights System and the Right to Life Seen through Suicide Prevention in Places of Detention: Between Risk Management and Punishment

Abstract This paper analyses the shortcomings of European suicide prevention policy in places of detention, a topic that has been neglected in the European legal literature. Four interrelated characteristics of the suicide prevention policies developed by the European Court of Human Rights (ECtHR) are responsible for the failures of these policies. First, the risk-based approach relies on individual risk calculations by national detention authorities to the detriment of environmental factors and a holistic approach. Second, there is an unacknowledged tension in the jurisprudence of the ECtHR between the right to life of detainees and the right to life of potential victims of terrorism and other serious crimes. Third, the jurisprudence on state liability, with its individual risk-based approach, has been translated into highly restrictive death avoidance national practices, which infringe human dignity and reinforce detainees’ willingness to commit suicide. Finally, the right to life does not effectively limit the inherent punitiveness of suicide prevention policies.

Pencegahan tindak pidana terorisme di Indonesia

The various reasons behind the occurrence of this crime are thought to have originated from dissatisfaction with the perpetrator. Dissatisfaction with the economy, law enforcement, social inequality and even dissatisfaction with ideology, are problems that must be resolved. This dissatisfaction is driven by a low understanding of science and knowledge, so that a person or group of people tends to take shortcuts by committing a crime, such as terrorism. The involvement of various parties is important as one of the benchmarks for the success of preventing this crime of terrorism, including the involvement of community organizations such as the Indonesian Ulama Council as an organization to foster people from errors in understanding religious matters. Terrorism is an action that is based on a value system and world view, so that understanding it requires a framework and methodology of thought commonly used in the philosophical tradition. The research method used in this research is juridical-sociological with an empirical approach that is studied philosophically to find a concept of preventing the crime of terrorism through a soft approach.How to cite item: Mafazi, A., Bahroni, A. (2021). Pencegahan tindak pidana terorisme di Indonesia. Jurnal Cakrawala Hukum, 12(2), 121-128. doi:https://doi.org/10.26905/idjch.v12i2.4936

The position of the Jordanian legislation on transmitting the infection of the COVID-19 virus as a crime of terrorism

This study dealt with a topic of the hour, which is the position of the Jordanian legislation on transmitting the Corona virus infection as a crime of terrorism. With the increase in criminal activities and the multiplicity of weapons used in them, we find that it is easy to use the Corona virus (COVID-19) as a weapon or a means to harm society, and cause harm individuals or their lives. These damages may take on large-scale dimensions, to provoke fear and panic at the global level by intimidating civilians and governments and subjugating them by force; With the aim of achieving political, social or economic gains, which requires governments and law enforcement agencies to take effective measures and deterrent penalties through national legislation and international agreements, to contain the spread of the epidemic, and to prevent it from being used as a weapon by terrorist organizations and groups.

THE ALGERIAN EXPERIENCE IN THE FIGHT AGAINST TERRORISM

The phenomenon of terrorism is one of the most dangerous phenomenon which affects the growth and development of societies negatively. It produces disastrous effects in the population by sowing fear, intimidation, terror, instability and the feeling of insecurity. Terrorism negatively affects development opportunities through the loss of human lives and the destruction of infrastructure. It is a global phenomenon that has not spared states. Algeria is one of the countries that has suffered the scourge of terrorist crime, which has cost its loss of lives and damage to its infrastructure estimated at billions of dollars. In the fight against this phenomenon, Algeria has exceptional experience and practices which deserve to be studied and analyzed. This scourge has been fought by various policies, initially dissuasive and eradicating, such as those carried out by the national army and other security forces, and it ended with a policy of reconciliation. The Algerian state is continuing its efforts, both internally, regionally and internationally to eradicate this phenomenon. Our study of this experience will be an analytical and evaluative study at all levels.

BUILDING A POLICY FOR COMBATING CRIMINAL ACTS OF TERRORISM THROUGH THE DEATH PENALTY

<p><em>Terrorism is an extraordinary crime that can cause an atmosphere of terror, widespread fear, and mass casualties for the community. The government makes policies to counter terrorism through Law no. 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism, amended by Law no. 5 of 2018. The law provides for the death penalty for perpetrators of terrorism crimes. Nevertheless, the reality is that acts of terror in Indonesia are still happening and are increasing. The problem raised in this study is how to reconstruct the policy of countering terrorism through the death penalty. This legal research is normative juridical research with an empirical juridical approach. The types of data used include primary data and secondary data. Data collection techniques using documentary studies as secondary data and supported by primary data using the interview method. The analysis used is qualitative normative data analysis. Based on this research, the results show that terrorism crimes are committed by groups that are generally political victims; injustice, inequality, poverty, discrimination. The goal is to fight a mighty force that is impossible to fight openly. Implementing the death penalty for terrorism crimes does not provide a deterrent effect for perpetrators of terror acts in Indonesia. This happens because the lack of understanding of the characteristics of terrorism crimes and harsh actions actually lead to new, greater violence. The solution to this problem is to change the legal approach towards a sociological, persuasive and deradicalization approach</em><em></em></p>

BUILDING A POLICY FOR COMBATING CRIMINAL ACTS OF TERRORISM THROUGH THE DEATH PENALTY

<p><em>Terrorism is an extraordinary crime that can cause an atmosphere of terror, widespread fear, and mass casualties for the community. The government makes policies to counter terrorism through Law no. 15 of 2003 concerning the Eradication of Criminal Acts of Terrorism, amended by Law no. 5 of 2018. The law provides for the death penalty for perpetrators of terrorism crimes. Nevertheless, the reality is that acts of terror in Indonesia are still happening and are increasing. The problem raised in this study is how to reconstruct the policy of countering terrorism through the death penalty. This legal research is normative juridical research with an empirical juridical approach. The types of data used include primary data and secondary data. Data collection techniques using documentary studies as secondary data and supported by primary data using the interview method. The analysis used is qualitative normative data analysis. Based on this research, the results show that terrorism crimes are committed by groups that are generally political victims; injustice, inequality, poverty, discrimination. The goal is to fight a mighty force that is impossible to fight openly. Implementing the death penalty for terrorism crimes does not provide a deterrent effect for perpetrators of terror acts in Indonesia. This happens because the lack of understanding of the characteristics of terrorism crimes and harsh actions actually lead to new, greater violence. The solution to this problem is to change the legal approach towards a sociological, persuasive and deradicalization approach</em><em></em></p>

Contemporary terrorism: problems of concept and prevention

The article emphasizes that the problem of terrorism, being relatively independent, acts as part of global deviations that affect significantly socio-political processes at the global, national and regional levels. terrorism refers to one of the vital problems of current society. In virtue of the special social danger, scientific research of this phenomenon is of high importance and relevance. Thus, the above and a number of other theoretical and practical issues related to the fight against terrorism as the main direction of criminal law policy determine the importance and relevance of the topic of this study. The research purpose is to conduct a comprehensive legal analysis of the essence of terrorism impact on current socio-political processes, the concept of terrorism, and its classification, elaborate recommendations for increasing the effectiveness of anti-terrorist activities; and obtain new knowledge about the social and legal nature, peculiarities and trends in the development of terrorist crimes.

International cyberterrorism counteraction whithin the context of intensive development of information and communication technologies

The article focuses on the destructive phenomenon of cyberterrorism as an atypical manifestation (form) of traditional terrorism, carried out in the light of the intense development and wide dissemination of information and communication technologies (ICT) in the modern world. Based on the analysis of conceptual approaches in the understanding of the phenomenon under consideration, the conclusion is based on that cyberterrorism is a relevant conceptual notion (term), which is perceived as a method of committing a terrorist act (truncated understanding), or as any terrorist crime committed with the use of information and communication technologies (broad). Based on a comparative legal analysis, the authors examine as characteristics of regulatory and legal counteraction to cyberterrorism in the international criminal law system. The study of the mechanism of the international convention to combat traditional terrorism allows us to test the hypothesis on the potential applicability of certain international legal acts in relation to socially dangerous acts committed through the use of information and communication technologies for terrorist purposes.

Strengthening the Cyber Terrorism Law Enforcement in Indonesia: Assimilation from Islamic Jurisdiction

The threat of terrorism is exacerbated by technology. It leads to a new term called Cyberterrorism. Apparently, this threat has not received appropriate space in the legal regulations in Indonesia. Therefore, this paper aims to strengthen legal action against cyberterrorism. This strengthening is obtained by assimilating Islamic law through the normative juridical method. The data are sourced from related news and updated journals. Researchers found that the assimilation of Islamic law products into positive law in Indonesia was in the form of Hirabah Punishment, Rebel Punishment, or Takzir. This idea is expected to be a consideration for policymakers in updating their laws so that they can reduce terrorism crimes, especially in cyberspace.

The Panoply of Challenges Facing International Criminal Justice: The United Kingdom’s Response to Defining and Responding to Terrorism

AbstractCrimes such as terrorism pose some of the biggest postmodern challenges faced by criminal justice systems worldwide. How systems react and prevent such crime raises numerous legal, political and strategic issues i.e. cross-jurisdictional collaboration, policing and the erosion of civil liberties such as privacy. In this article, taking inspiration from criminological theory, two criminal justice challenges that are posed by terrorism are explored from the United Kingdom’s perspective: the international definition of terrorism including the factors that impede a common definition from being established and the domestic response to define, prevent and prosecute this crime. The aim of, and originality in, this article is to explore the criminal justice challenge facing the United Kingdom in balancing complex and competing interests when effectively responding to terror crime.

OPTIMALISASI PERAN BALAI PEMASYARAKATAN DALAM MELAKUKAN PEMBIMBINGAN DAN PENGAWASAN BAGI NARAPIDANA ASIMILASI RUMAH DIMASA PANDEMI COVID-19

Terrorism is included in an extraordinary crime which is very worrying because it threatens the community with various actions that are taken. The existence of deradicalization as a guidance program that changes the radical nature of terrorism convicts makes their hopes for the government in member terrorism crimes. With this de-radicalization program, it is hoped that the terrorists can change and be able to reunite with society. But to make this happen, a comprehensive order is needed for terrorism convicts who have undergone a deradicalization program in order to foster public trust. The method used in this research is a qualitative method by collecting literature or collecting reading material and references related to the subject matter. The results of the research show how the deradicalisation program of terrorism convicts is taking place in order to prepare them to reintegrate into society.

The Criminal Sanctions For Terrorism Crime Based On Terrorism Eradication Law And Islamic Law

The crime of terrorism is a crime that is very dangerous for the sovereignty of the state and causes many victims. Seeing the very dangerous impact, the perpetrators of terrorism must be given heavy criminal sanctions. This study aims to identify and examine criminal sanctions for perpetrators of criminal acts of terrorism based on Act No. 5 of 2018 and Islamic Law. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of this study are criminal sanctions for perpetrators of criminal acts of terrorism based on Act No. 5 of 2018 are capital punishment, imprisonment, confinement, and criminal fines for corporations, while according to Islamic law perpetrators of criminal acts of terrorism are threatened with a hudud finger. This crime of terrorism is also included in the qishash finger which is sentenced to death if there is no pardon (amnesty).

Terrorism, Slavery and the Evolution of the ‘Crime–Terror Nexus’

This article argues for a new application of the concept of the ‘crime–terror nexus’ by highlighting the increased prevalence of criminal engagement in modern slavery and human trafficking (MS/HT) by contemporary terrorist groups. Using the Islamic State and Boko Haram as case studies, Luciano Pollichieni and Andrew Mumford explain how such organisations are involved in MS/HT, and explore the economic and operational advantages they generate from involvement in these illegal activities. The authors call for new research in this field and flag the growing links between terrorism and slavery for counterterrorist practitioners.◼

GLOBALIZATION – A FORM OF MANIFESTATION OF THE HYBRID WAR

Abstract: The growing scale and diversity of specific events of globalization, taking place on a global scale in the first two decades of the 21st century prove indisputably that actions assimilated to the hybrid warfare have become the most significant threat to nations. Unlike conventional warfare, hybrid forms do not involve direct or declarative actions of open conflict, but rather involve complex issues that are constantly unfolding and that are constantly evolving. Like globalization, the conflict no longer has a geographical delimitation or an infrastructure component, and populations are no longer the main fighters of these conflicts. In this article I will seek to answer some questions about the phenomenon of globalization and its implications for amplifying the manifestations of hybrid warfare in the contemporary operational environment, especially those of a cyber, terrorist, climatological, biological and organized crime nature, while presenting the concerns of international actors for increasing investments in research in the armament industry, improving military intelligence and long-range capabilities, in order to use military power as a tool of intimidation in foreign policy, active involvement of forces in punishing actors on the “axis of evil”, as well as the partial recovery of old areas of influence at regional or global level.

PHYSICAL EDUCATION AND SPORT IN THE VISION OF INTERNATIONAL INSTITUTIONS

Abstract: The article briefly presents the initiatives for the development of physical education and sports in the world and in Europe. It also presents the main documents that manage this field of activity in the Romanian Armed Forces. The beneficial effects, resulting from the multidisciplinary values ​​of physical education and sports, have been known and recognized since antiquity. However, only towards the end of the twentieth century the activities in the field of physical education and sports, which target the human being as well as society as a whole, came more strongly into the attention of international institutions. Gradually, this area has been recognized for its important role in the development of human resources and interpersonal relations, in increasing the quality of life and mutual respect, in developing a sustainable economy, and in reducing corruption, crime and crime-related phenomena of international terrorism.

The Practice of Detecting and Investigating by the Investigative Bodies of the Investigative Committee of the Russian Federation of Legalization (Laundering) of Proceeds of Crime and Terrorism Financing

The paper examines countering extremism, terrorist crimes, as well as legalization (laundering) of proceeds of crime, as an important element of comprehensive measures undertaken to ensure national security. These crimes constitute global threats, and their suppression is one of the priorities of the Investigative Committee of the Russian Federation. It should be emphasized that the public danger of legalization (laundering) of proceeds of crime lies in the fact that it undermines the country’s financial system by means of providing the material basis for corruption and terrorism.In modern conditions, the risks of legalization of proceeds of crime, as well as the use of digital currency for illegal or criminal purposes, may arise, for example, when converting digital currency. In view of this, according to the author, it is necessary to establish clear criteria for transactions for which criminal liability for the illegal use of digital currencies may arise, including cases when the digital currency acts as a means of payment for the illegal circulation of weapons, drugs or other items, for the circulation of which criminal liability is established, as well as when illegal gambling or illegal banking are organized. With this in mind, there is a need to introduce criminal liability for illegal circulation of a digital currency and violation of the rules for making transactions with it.One of the main tasks in the field of preventing financing of terrorism and extremism is to counter the spread of radical ideology. To effectively solve this problem, it is required to apply an integrated approach, and, above all, active participation in this process of not only state authorities, but of various institutions of civil society, the scientific community, educational structures, public and religious organizations, as well as the mass media.

Internal Defense in Containment Theory in the Context of Teenagers Engagement in Indonesia Terrorism

The history of acts of terrorism in Indonesia, which began in 2003-2019, shows several shifting trends in terrorism crimes, terms of action strategies, targets, and characteristics of perpetrators. Based on the action strategy and the features of the perpetrators, the authors found the involvement of children and adolescents. Horgan, Taylor, Bloom, and Winter (2017) state that the involvement of children in acts of terrorism is part of the regeneration of terrorist organizations to continue to exist and survive for a long time. This research aims to illustrate how the internal defense system in the containment theory contributes to the terrorism context. This research is qualitative which uses in-depth interviews for gathering data. Results showed that internal defense could not support teenagers to avoid their engagement with radical or terrorist groups.

Application of Special Knowledge in the Investigation of Extremist Crimes Committed on the Internet, as well as Crimes of a Terrorist Nature in the Practice of the Investigative Committee of the Russian Federation

The paper examines topical issues of countering extremist and terrorist crimes. An analysis of terrorist activity was carried out in accordance with the available statistics for the past five years. It was noted that it is necessary to intensify preventive work to identify recruiters and accomplices of terrorists, to cut off the channels for the supply of weapons and money, to suppress the propaganda activities of radicals and extremists on the Internet. A brief forensic characteristic of extremist crimes committed using the Internet is given. Some features of the disclosure and investigation of such criminal acts are highlighted, a number of examples from the practice of the Investigative Committee of the Russian Federation are given. The types of forensic examinations that can be assigned for these categories of cases were considered, the main of which are computer (computer-technical), linguistic examinations. It is emphasized that an effective investigation of extremist crimes committed using the Internet is unthinkable without the implementation of the possibilities of using special knowledge during the investigation.