October is one of the most memorable months for all Indonesians, especially Balinese. This is because in that month, precisely twenty years ago, a tragedy in the form of a bomb terror occurred, which killed many people. The fatalities were not only Indonesian citizens but also foreign tourists on vacation. This event is considered the worst terrorist incident in the history of Indonesia. This event is also considered a milestone in the legal transformation of criminal acts of terrorism in Indonesia. This topic of discussion was Amira Paripurna, S.H., LL.M., Ph.D. in the Virtual Joint Lecture on Counter Terrorism Laws in India and Indonesia on Friday, 21 October 2022.
In this activity, she was collaborated with Prof. (Dr.). Shruti Bedi from the Institute of Legal Studies, Panjab University, had the opportunity to discuss legal provisions against terrorism. The material difference between the two lies in the point of view of the country of origin. This means that Amira Paripurna is discussed from an Indonesian point of view, while Prof. Shruti Bedi talks from an Indian point of view. The lecture began with a well-known quote that stated that “Terrorism is one of the biggest problems and challenges a society can face … [and] is [also] one of the biggest problems and challenges criminal law can face”. Juridically, the definition of terrorism in Indonesia is an act that uses violence or threats of violence that creates an atmosphere of terror or widespread fear, which can cause mass casualties, and/or cause damage or destruction to vital strategic objects, the environment, facilities public, or international facilities with ideological, political, or security disturbance motives.
She also explained that there are at least two models for fighting terrorism: the Criminal Justice Model and the Military Model. The two models certainly have different ways and approaches to fighting terrorism. The Criminal Justice Model views terrorism as a crime, so the police are responsible for investigating and handling it. Through this approach, at least in fighting terrorism, the state tries to uphold individual rights and civil liberties and preserve all democratic principles and institutions. Meanwhile, the Military Model views terrorism as an act of war so that the maximum scale strategy can be used. Indonesia implemented the Military Model, which then transformed the reformation that culminated in the Bali bombing tragedy.
This tragedy later became the background for the birth of legal provisions on eradicating criminal acts of terrorism, which are seen as more in line with the Criminal Justice Model. However, through an amendment in 2018, this assumption has shifted again because military elements are again involved in the system for handling criminal acts of terrorism. The Indonesian National Armed Forces (TNI) is now one of the new agencies assigned to deal with acts of terrorism. In the explanation, handling criminal acts of terrorism is the shared responsibility of related agencies, including the TNI. Other issues, such as arrest and detention, provision of evidence in evidence, and expansion of the scope of criminal responsibility, also occurred after the amendment.
