Terrorism Crime Research Articles

THE URGENCY OF DERADICALIZATION MEASURES FOR TERRORISM INMATES IN CORRECTIONAL FACILITIES

<p><em>Terrorism crimes pose a threat to the state ideology, national security, state sovereignty, human values, and various aspects of societal, national, and state life, and they often have a transnational nature. These terrorism crimes require deradicalization measures for terrorism inmates in Indonesia, taking into account the individual conditions of each perpetrator, their families, and their social environment. The problem addressed in this paper pertains to the urgency of deradicalization measures for terrorism inmates in correctional facilities. This paper adopts an empirical juridical approach, conducting field research that examines legal regulations combined with data and behavior prevalent in society. The research findings indicate that: (1) The implementation of deradicalization measures for terrorism inmates in correctional facilities is not yet effective due to internal factors, which involve the lack of integration in handling terrorism inmates. Additionally, external factors, such as insufficient socialization, lack of training for officers, inadequate support facilities, budget constraints, and limited facilities in correctional facilities, contribute to the inefficiency. (2) The regulation of deradicalization for terrorism inmates in correctional facilities is based on Law Number 22 of 2022 concerning Correctional Institutions. The deradicalization regulation for terrorism inmates is stipulated in Article 54 paragraph (4), which outlines the stages: identification and assessment, rehabilitation, reeducation, and social reintegration. (3) The urgency of deradicalization measures for terrorism inmates in correctional facilities is not specific, as it is still treated similarly to other cases involving inmates. The deradicalization measures are carried out through social reintegration programs, education programs, skills training, and entrepreneurship programs for terrorism inmates, which aims to improve their well-being after their release and facilitate their reintegration into society to support their families. The independence and self-confidence of terrorism inmates in returning to society will prevent them from returning to their terrorist groups.</em></p>

Doctor's role in determining wounds qualification of terrorism victims

Introduction: The terms terrorist (perpetrator) and terrorism (action) are derived from the Latin word “terrere” which means to shake or vibrate. The European Convention first discussed the definition of terrorism on the Suppression of Terrorism (ECST) in Europe in 1977; there was a paradigm expansion in the meaning of Crime against State to Crime against Humanity. Crime against Humanity includes criminal acts committed to create a situation that causes individuals, groups, and the general public to be in a tense atmosphere. Necessary to have a clinical forensic examination to determine the degree of injury suffered by victims of terrorist criminal acts as a reference for providing compensation from the state. Case Report: On Friday, October 23rd, 2020, at 09.25 a.m. at the Bhayangkara Hospital Emergency Installation, examinations were conducted on 4 men. The basis for the examination is based on a written request from the LPSK with the number: R-1176/1a.5.1/LPSK/10/2020 on October 21st, 2020. Discussion: There is a mechanism in the forensic examination for the victims of terrorism crimes. The process for obtaining compensation can be submitted by victims of terrorism crimes, their families, or their heirs. LPSK will conduct a substantive examination and calculate the losses suffered by victims of terrorism crimes. Conclusion: Regarding the provisions of these laws and regulations, the Indonesian Forensic Doctors Association (PDFI) cooperates with LPSK, as stated in the cooperation agreement. Key Words: doctor’s role, wound qualification, terrorism victims.

PERAN FAKULTAS HUKUM DALAM PENYIAPAN KESIAPSIAGAAN NASIONAL MENANGGULANGI TERORISME DI ERA REVOLUSI INDUSTRI 4.0

The use of information technology for the crime of terrorism is marked by a revolution in the modus operandi of crimes, starting from conventional to modern technological methods. Even though so far Indonesia has handled it fairly well, the crime of terrorism will continue to develop in other ways so that a continuous development of the ways to handle the crime is also needed through the preparation of what is called ‘National Preparedness’. This research begins with the examination of the the crime of terrorism through a legal (criminal) and information technology perspective of the institution of higher education in law (Faculty of Law) in a planned, integrated, systematic and sustainable manner. This study aims to identify and understand the role of higher education institutions, especially Faculty of Law, in preparing Indonesia's National Preparedness to tackle terrorism crimes. Researchers use empirical juridical research by collecting primary data through in-depth interviews. The result is that higher education, especially the Faculty of Law, plays a role in supporting the preparation of National Preparedness through the implementation of legal higher education by integrating criminal law studies with the field of terrorism and the field of technology in implementing the Tridharma. Terrorism studies from a legal (criminal law) and information technology perspective can serve as a reference for the Government of Indonesia in preparing National Preparedness to tackle terrorism crimes.

뉴테러리즘에 대한 안보형사법 체계 재정립

In the global trend of actively responding to new terrorism, such as enacting anti-terrorism laws in the form of 'hostile criminal law' or revising existing laws, the Republic of Korea is also a legislative device to respond to terrorist crimes in 2016. On February 2, the 「Anti-Terrorism Act for National Protection and Public Safety」was enacted. However, as the current security and criminal law does not cover all actors of terrorist crime, the boundaries of the punishment targets are very ambiguous, and each position in the legal system is shaking.
 In the special security situation of the Republic of Korea, where the terrorist threats of international terrorist crime organizations and the terrorist threats of North Korea, a warring partner in a state of armistice, exist, the security and criminal law system of the Republic of Korea can effectively respond to all types of terrorist crimes. The ultimate purpose of this study is to clarify the targets and roles of the “Anti-Terrorism Act for Safety””Criminal Law”“National Security Act”.
 Therefore, this study examines the problems of the current security and criminal law system due to the limitations of the 「Anti-Terrorism Act for National Protection and Public Safety」. After judging whether criminal types can be punished by the existing「Criminal Law」, the limitations of「Criminal Law」were pointed out. Third, the types of terrorist crimes that could not be punished by the「Anti-Terrorism Act for National Protection and Public Safety」After determining whether punishment is possible under the「National Security Act」, it pointed out the limitations of the「National Security Act」.

Upaya ASEAN dalam Menangani Kejahatan Transnasional Perdagangan Narkoba, Perdagangan Manusia dan Terorisme di Kawasan Asia Tenggara

The pattern of relations between nations and increasingly complex foreign policies have also encouraged the development of transnational crime. These developments require countries around the world to have universally recognized legal instruments based on international practice within the framework of implementing national law and promoting international security to combat and eliminate transnational crime. One legal instrument that is universally recognized is the extradition treaty, which in this case will be studied regarding its form of implementation in the Southeast Asia region. This research uses qualitative methods to explain the implementation of the extradition treaty in dealing with transnational crimes in the Southeast Asia region. The concept of multilateral cooperation is used to analyze this study. The research results show several ASEAN efforts in dealing with transnational crimes such as drug trafficking, human trafficking and terrorism crimes through various multilateral cooperation related to handling these crimes. The author concludes that these various efforts have not been achieved optimally considering that ASEAN has the principle of non-intervention so that regional cooperation regarding transnational crime cannot be fully implemented. The author also sees that economic factors influence whether transnational crime cases are large or not considering that these crimes are committed mostly because of economic factors.

PERBANDINGAN REGULASI PENANGANAN KEJAHATAN TERORISME DI INDONESIA DAN MALAYSIA

Indonesia is one of the countries with a considerable impact of terrorism, Indonesia should pay great attention to the development of radical currents and terrorist organizations. Terrorism is a major threat to the resilience and security of all Indonesian people. Even terrorism is becoming a common enemy around the world. Indonesia is one of the countries that faces a high level of terrorism cases. The Global Terrorism Index is published by the Institute for Economics and Peace. Indonesia is in 38th position out of 143 countries worldwide in terms of terrorism cases, Indonesia has issued regulations related to terrorism designed based on the Bali I bombing on October 12, 2002. Comparison with Malaysia shows that the country was ranked 61st out of 143 countries in the Global Terrorism Index 2016 with a value of 2,691. The author is interested in analyzing the differences in regulation in the handling of crime in the two countries, with the title comparison of regulation on the handling of terrorism crimes in Indonesia and Malaysia. This study uses normative legal research methods that are prescriptive analysis by reviewing legislation.

DERADIKALISASI: UPAYA PEMERINTAH SEBAGAI PEMANGKU KEBIJAKAN DALAM MENJAGA PERDAMAIAN NEGARA MENURUT PERSEKTIF FIKIH JIHAD

Terrorism problem in Indonesia is one of the main problems that caught a serious attention from government. Series of a terror incidents so far show that there is a serious problem that has not solved yet to be fixed. Indonesia in the report of Global Terrorism Index (GTI) 2023 is ranked 24th from 163 countries that get most affected by terrorism with the total 638 incidents since 2000 until 2020. The terrorism action can endanger the security of nation and state. The consequence of that action are lost a life, a suspicion towards a particular race or religion, break up the nation's unity, damage physically and mentally, and raises fear in the society because the feel of threatened by the presence of terrorists. To deal with terrorism and radicalism, the government implements a program which known as deradicalization under National Counter Terrorism Agency (BNPT). With the deradicalization as the coaching program which aimed to change the terrorism convicts' radical character creates the expectation from public to the government in eradicating terrorism crime.

Perlindungan Hukum Terhadap Anak Yang Terlibat Kejahatan Terorisme

Introduction: Laws and regulations regarding terrorism, in practice there are still those who commit criminal acts of terrorism in Indonesia by attacking vital objects and public facilities.Purposes of the Research: The research aims to examine and discuss the forms of legal protection given to children who are involved in terrorism crimes and to examine and explain the mechanism of legal protection for children who are involved in terrorism crimes. Methods of the Research: The research method used is normative juridical with descriptive analytical research type, the technique of collecting legal materials by conducting library research on legal materials, namely primary legal materials and secondary legal materials. The technique of analyzing legal materials is obtained from a qualitative classification.Results of the Research: The results of this study indicate that the legal protection given to children involved in terrorism crimes includes guaranteeing and protecting children's rights, such as the right to live, grow, develop and participate optimally in accordance with human dignity and protection from violence and discrimination. And the Juvenile Criminal Justice System sees that the handling of children involved in terrorism crimes can be carried out with mechanisms such as an approach that purely prioritizes child welfare and an approach to legal intervention. The specificity of the juvenile justice process with the concept of restorative justice.

MODEL OF ILLEGAL ECONOMIC ACTIVITY IN ANTI-MONEY LAUNDERING PROCEEDS FROM CRIME

In the interests of developing the theoretical provisions of the methodology for classifying the typologies of the risks of laundering proceeds from crime and financing of terrorism in big data from a variety of data sources of organizational systems, a study is being made of the signs of illegal economic activity. Theoretically substantiates and synthesizes a reference model of illegal economic activity of organizational systems. This model considers four stages of possible illegal economic activity of organizational systems. The stages have symbols: “institutions, organizations, structuring and actions”. The structure and composition of the elements of these stages has been analyzed. For the stage of establishment, an analysis of the sources of data necessary for counteraction was carried out, signs of illegal economic activity characteristic of this stage were identified. For the organization stage, it has been established that it is necessary to use an additional data source containing data on the competence of the head of the organizational system. For the organization stage, it was found that it is the most secretive, so it is necessary to further analyze the activity in managing systems in their telecommunications environment. The alphabet of signs of income laundering risks , presented in a linguistic, categorical form is considered. Synthesized and scientifically substantiated events in fragments of interactions of organizational systems. The categorical alphabet containing letters similar to the letters of the alphabet is considered, its formalization is carried out. A scientific substantiation and synthesis of models of individual typologies that form a generalized mathematical model of the typology of the risk of laundering proceeds from crime and the financing of terrorism has been carried out. Among these models, two have been identified that provide automatic classification of typologies of individual risks and selection of words in the Markov alphabet A±2, denoting objects. It is concluded that the categorical alphabets  or provide a classification of typologies of individual risks of laundering proceeds from crime and financing of terrorism in big data of organizational systems, in an automatic mode. The classification of typologies is possible at all stages of illegal activity; for this, it is necessary to use several sources of big data.

Juridical Review of Money Laundering with Terrorism

Money laundering and terrorism are often related to each other because money from crime can be used to finance terrorist activities and money laundering can be used to disguise the origin of the money. In order to overcome these two crimes, cooperation between law enforcement agencies and good international coordination is needed. In Indonesia, money laundering is regulated in Law Number 8 of 2010, while terrorism is regulated in Law Number 15 of 2003. Some of the legal issues that are still current in the effort to combat money laundering and terrorism include the implementation of the Financial Transaction Reporting System, the designation of terrorist crime organizations, the exchange of information between law enforcement agencies, the protection of informants and witnesses, and the implementation of new laws on money laundering. International cooperation is essential in efforts to overcome this problem. Strong cooperation is expected to cut off the flow of terrorism funds and reduce the risk of criminal acts entering the financial system and help combat terrorism cases that can harm national security.

Intelligence Strategy on Deradicalization Program to Prevent Acts of Terrorism by Ex-Napiter Network of JAD Group

The deradicalization programs conducted by BNPT and other stakeholders have been running since the enactment of Undang Undang Nomor 5 Tahun 2018 as a starting point for changing the paradigm of handling terrorism in Indonesia. Terrorism convicts are then assessed, rehabilitated, re-educated, and reintegrated. The program also runs outside the prison for ex-terrorism convicts so that they can back to the community. However, some ex-convicts return to commit terrorist crimes, so preventive measures are needed, especially in term of strategic intelligence measures to prevent this. This paper uses a qualitative approach with case study research. Data collected through interviews as primary data and supported by secondary data derived from official government documents and other journal articles. The case study on the application of the intelligence strategy is explained in the handling of ex-convict P in Solo Raya, in which the intelligence strategy implemented is able to monitor the movement of ex-convicts, help integrate into society and be able to help officers communicate with ex-convicts who are still closed

The Conundrum of Defining and Prosecuting Terrorism: A Review of United Kingdom and International Reponses

Terrorism presents one the biggest criminal justice postmodern challenges worldwide. The way criminal justice systems proact and react to mitigate and prevent such criminality raises a plethora of legal, socio-political, and strategic hurdles relating to how terror crime is defined, the human rights of the accused, protecting due process when using secret courts, the use of special advocates, the use of national security courts, civil rights i.e., freedom of association, cross-jurisdictional information sharing, and the requirement or right to prosecute etc. In this article, which is influenced by criminological theory, the definition of terror crime in the United Kingdom and at an International level is examined to ascertain whether common definitional elements exist, and the complex and competing local and International interests that are being balanced in preventing and/or prosecuting such crime.

DUE PROCESS IN THE CONTEXT OF COUNTER-TERRORISM “A CASE STUDY FROM IRAQ”

This article provides a critical assessment of the current Iraqi criminal justice process, in counter-terrorism context to give an answer to the question of whether the approach of Iraqi legislator in criminal proceedings meets requirements of security in confrontation against terrorist and international law of human rights. The paper reveals that, there are many welcome procedures on the safeguard of rights and liberties to strike a right balance between providing due process and securing security of citizens while fighting terrorism. However, the problem is the difficulties faced by the state in its endeavor to secure national security against one of the most serious terrorist crimes. What follow is that it may be difficult for security authorities during dealing with these crimes to cope with or realize the wide standards of procedural safeguards and human rights for persons whom may be subjected to criminal investigations. This paper proposes that it may be well to enact new legal provisions or special Act that can expressly provide police with wide-ranging powers so as to arrive the correct strategy in the criminal confrontation against terrorism in the light of international standards. The study adopts qualitative research methods of a doctrinal nature by the analytical method of texts and legal regulations as well as the comparative method is useful to have some lessons from different attitudes by comparing the different legislations of some countries in dealing with the subject.

METHODOLOGY FOR CLASSIFYING MONEY LAUNDERING RISKS TYPOLOGIES

The method of classifying the typologies of money laundering and terrorist financing risks in big data from a variety of data sources of organizational systems is investigated. The main provisions of this technique are theoretically substantiated, reference models and calculation formulas are given. An algebraic approach for the synthesis of the method is proposed, a theoretical justification of the feasibility of its use is given. The algebraic approach to the synthesis of the methodology is implemented on the basis of category theory and the theory of algorithms, in particular the theory of Markov algorithms, which is considered outside of normal algorithms. The N-scheme of the Markov algorithm is considered, which was developed to replace its well-known g-scheme and provides processing of words in natural, artificial and combined languages, which can be represented in an ordered and extended Markov alphabet A±2, which takes into account many sources of big data. Methods for inputting incomplete, heterogeneous (heterogeneous) and non-representative input data samples are given. A method is proposed for converting input data samples into cycles of the Big Data Transfer Protocol. A reference model of the legal economic activity of the organizational system has been synthesized. This reference model is subjected to analysis and signs of illegal economic activity of mutually interacting organizational systems are highlighted. A reference model of the system for classifying the risks of laundering proceeds from crime and financing of terrorism has been developed. To combat money laundering, the N-scheme of the Markov algorithm for one data source and the Markov system, consisting of such schemes, for a variety of big data sources are theoretically substantiated. It is concluded that the synthesized Markov system provides a decomposition of words and their morphisms, contains a common data input control channel, and provides a classification of money laundering risks.

Terrorist Crimes in the Era of Digitalization: Forms of Activity and Measures for Counteraction

Objective: to elaborate recommendations on counteraction against terrorist crimes committed in the digital (cyber-) space and/or using digital technologies.Methods: the methodological basis of the research are the universal dialectic method of cognition, the integrity of general and specific scientific methods such as analysis, synthesis, logical method, ascent from the abstract to the specific, induction, deduction, etc.Results: it was determined that the development of the digital (cyber-) space and digital technologies promotes the intensity of terrorism and has led to the change of the mechanism of terrorist crimes commitment. A conclusion was made that, to provide the efficiency of measures for counteracting terrorist crimes committed in the digital (cyber-) space and/or using digital technologies, a distinct strategy is necessary, as well as the appropriate regulatory basis.Scientific novelty: the article analyzes such forms of criminal activities of terrorist groups, committed in the digital (cyber-) space and/or using digital technologies, as dissemination of the ideology of violence and propaganda of terrorist activity, recruiting new members and their training, implementing digital technologies for preparation and immediate terrorist activity, and funding. The advantages were revealed of the use of digital space and/or digital technologies when committing terrorist crimes. In the author’s opinion, the change of the mechanism of terrorist crimes commitment associated with the use of digital technologies should be taken into account during criminalization (change of the intensity of penalization) of publicly dangerous deeds. The important areas of state policy in the sphere of counteraction against these crimes are education and enlightenment activity, training of the personnel of law-enforcement agencies, broadening their authorities to ensure a clear and effective control over digital content.Practical significance: is due to the possibility to use the formulated conclusions and proposals for further scientific elaboration of the state criminal policy in the sphere of counteraction against terrorist crimes committed in the digital (cyber-) space and/or using digital technologies.

MEASURING RESTORATIVE JUSTICE IN HANDLING TERRORISM IN INDONESIA

Terrorisme is extraordinary crime which penetrates the barriers of religion and state. The crime of terrorism has grown rapidly in Indonesia which can be threatening security on a national or international scale. Terrorism grows because of two fundamental factors, namely economic deprivation and political injustice. So far, the approach to countering terrorism in Indonesia is not encouraging, it is proven that terrorism crimes still occur every year. A repressive approach to enforcing the law of retaliation must be breached with the possibility of opening up opportunities for the implementation of restorative justice in dealing with terrorism, particularly in the criminal justice system. To finish this study, a conceptual and statutory study is carried out so that it gets an adequate discussion. For this reason, it is necessary to enforce laws that are firm and do not benefit either party, by using the Restorative Justice approach which is considered capable of achieving justice in handling cases of terrorism in Indonesia.

Legal Aspect Setting The Definition Of Terrorism In Law No. 5 Of 2018 Concerning Amendments To Law No. 15 Of 2003 Concerning Eradication Of Criminal Acts Of Terrorism

Terrorism is a very worrying crime because its development in Indonesia and in other countries is increasing, both in quality and quantity, so that terrorism is not only an Indonesian problem but an international problem. One of the results of changes in the law on combating terrorism in Indonesia is the addition of Article 1 by including restrictions on the qualification of terrorism that were not previously regulated in the law on combating terrorism. This raises its own problems, namely there is no synchronization between the qualification of terrorism and the crime of terrorism, the problem to be examined and analyzed in this study is how the urgency of setting the definition of terrorism in Law No. 5 of 2018 and its comparison with other countries and how the juridical consequences of the inclusion of motives in the definition of terrorism?. The research method used to analyze the problem is to use the normative legal research method with the approach of legislation, concepts and methods of comparison. The results showed that the qualification of terrorism in Law No. 5 of 2018 that terrorism is a crime that depends on a motive, namely ideological, political or security interference motives. It is quite different from the qualification of terrorism in some countries , that other countries that have laws combating the criminal act of terrorism do not regulate the qualification of terrorism and the motives of terrorism, but only regulate the offenses of terrorism and its elements. The regulation of terrorism motives in Law No. 5 of 2018 is ineffective because it is not included as elements of terrorism crimes and even causes multi-interpretations because there is no further explanation of the limits of ideological, political and security interference motives.

Comparison Of Islamic Law And Positive Law On Violence In The Name Of Religion In Terrorism Cases

<p><em>The purpose of this study is to determine the legal regulation of violence in the name of religion that contains elements of radicalism, extremism and terrorism in terms of comparative Islamic law and positive law in Indonesia. Radicalism, extremism and terrorism are like three things that go hand in hand, these three are a frightening specter for most of humanity, especially in the Unitary State of the Republic of Indonesia. This research is a type of normative research. The approach used in this study is a statutory and conceptual approach. The results of the study show that in the perspective of Islamic law, behavior that gives birth to extreme understanding by expressing it through violence in order to maintain its ideology can be considered as al-baghy (rebel). Article 43D paragraph (2) letter f of Law no. 5 of 2018 which explains that what is meant by "people or groups of people who have been exposed to radical ideas of terrorism" are people or groups of people who have a radical understanding of terrorism and have the potential to commit acts of terrorism. There are four characteristics of extremists, including making it difficult for themselves to do good, being rude and harsh, easy to disbelieve, and being fanatical about Madzhab and not wanting to follow other opinions. Extremist acts of violence in the name of religion can be punished in accordance with article 170 of the Criminal Code which contains such acts can be punished according to Indonesian law in Article 170 of the Criminal Code. MUI in its fatwa on terrorism views that carrying out acts or acts of terror is unlawful, whether carried out by individuals, groups, or the state. The crime of terrorism is regulated in Law no. 5 of 2018. The criminal threats for perpetrators of terrorism are: imprisonment between 3 to 20 years, life imprisonment or the death penalty</em><em>.</em><em></em></p>

ПРОБЛЕМЫ ПРОТИВОДЕЙСТВИЯ ПРЕСТУПЛЕНИЯМ ТЕРРОРИСТИЧЕСКОЙ НАПРАВЛЕННОСТИ В РОССИИ

This article provides statistical data showing a sharp increase in committed terrorist crimes in recent years, which leads to the intensification of measures aimed at countering terrorism and the development of new provisions, including for the prevention of such actions among civil society participants. An analysis of the concepts of «extremism» and «terrorism» was carried out, the result of which was the conclusion about the need to prevent the spread of radical extremist ideologies in information telecommunication networks as one of the reasons for the formation of terrorist groups and the recruitment of new participants among young people in the framework of countering terrorist crimes, and are often considered encountered problems of countering terrorism at the present stage of the development of society. Proposals have been formulated to amend the legislation of the Russian Federation both in terms of measures to counter terrorist crimes and terrorist activities, and expanding the range of illegal actions, for the commission of which there may be responsibility.

New trends in extremist and terrorist crime and measures to counter threats to national security

The author analyzes the current state of extremist and terrorist crime, as well as the main trends in the commission of individual crimes in 2022 and 2023. The choice of this time period is due to the increased threats to the national security of the Russian Federation. Attention is drawn to the indicators of crimes provided for in Articles 205, 205.2, 281, 357 of the Criminal Code of the Russian Federation. Based on the evaluation of statistical data, information about the current criminogenic situation was obtained. There was a slowdown in the growth rate of the number of public calls for extremist activity (Article 280 of the Criminal Code of the Russian Federation) and the facts of incitement to hatred or enmity (Article 282 of the Criminal Code of the Russian Federation). The intensification of terrorist and sabotage activities is stated. The materials of separate foreign studies concerning destructive activity in the information sphere are analyzed. Conclusions are drawn about the need to consider extremist and terrorist activities in the context of information warfare and the use of information weapons. With this in mind, it is proposed to take a number of measures in the field of information security. As a measure to counteract new threats to national security, the urgent need to systematize and publish information that became known during the investigation of criminal cases initiated on the facts of the genocide of the Russian-speaking population in the period from 2014 and the Soviet people during the Great Patriotic War is called. It is proposed to consider the issue of securing in Russian legislation the powers of the Security Council of the Russian Federation to declare a State carrying out terrorist activities as a sponsor of terrorism.