STEPS ON TERRORISM PREVENTION: LESSON LEARNED FROM BOMBING CASES IN INDONESIA. Ayub Torry Satriyo Kusumo Andina Elok Puri Maharani Handojo Leksono

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1 STEPS ON TERRORISM PREVENTION: LESSON LEARNED FROM BOMBING CASES IN INDONESIA Ayub Torry Satriyo Kusumo Andina Elok Puri Maharani Handojo Leksono Universitas Sebelas Maret Abstract Radicalism at present become frequent all around the world, including Indonesia, and usually bring terror to the community, thus lead to misunderstanding that radicalism is terrorism. In fact, terrorism is just part of radicalism. There were steps and methods that can be studied and comprehended from Indonesia in order to prevent radicalism. This research was a legal research with statute approach and conceptual approach, using the Act Number 17 Year 2013 on Community Organization and The Act Number 15 Year 2003 on Terrorism Act Eradication as the primary legal sources. There were several academic articles as secondary legal sources and supported by information gathered from field research in Bali and Surakarta. There are steps on preventing radicalism that can be summarize from this study, i.e. applying legal instruments, using hard and soft approach, engaging and empowering the community, as well as strengthening the ideology and national security. There also role of higher education institutions which can be an important support in preventing radicalism. Thus, the responsibility of radicalism prevention should be shared between the government, community, and higher education institutions. Keywords: radicalism, terrorism, prevention 1. Introduction Radicalism is a view which desire a drastic change on social and political situation by means of violence. Radicalism at present become frequent all around the world, for instance bombing cases, massacre, public shooting, and schoolchildren hostage. Those hostility usually bring terror to the community, thus lead to misunderstanding that radicalism is terrorism. Therefore, radicalism commonly relates to terrorism. In fact, terrorism is just part of radicalism. Sometimes radicalism can change into a terrorism 1. Radicalism is only one step short of 1 Ahmad F Fanani Fenomena Radikalisme di Kalangan Kaum Muda. Jurnal Maarif Arus Pemikiran Global 8(1):

2 terrorism. It also means that the treatment for terrorism will be different from one for radicalism, so as the way to prevent them. Recently, the act of radicalism has reached the developing countries, including Indonesia. There were several events took place in Indonesia such as suicide bombing in public places, religious sites bombing, adolescent kidnapping in the name of particular cult or religious groups, and bombing threat. As a country known for its warmth and hospitality, the hostile events were unexpected to be occurred in such place. However, Indonesia had immediately react and prepare itself to face the threat as well as to prevent the later event from happening. There were steps and methods that can be studied and comprehended from Indonesia in order to prevent radicalism. 2. Methods This research was a legal research with statute approach and conceptual approach. The primary legal sources in this study were the Act Number 17 Year 2013 on Community Organization and The Act Number 15 Year 2003 on Terrorism Act Eradication. The secondary legal sources were the articles that related to the research. One of the articles is Role of The University to Prevent Radicalism by Hari Purwadi 2. In order to accomplish the analysis of the primary and secondary legal sources, the writers undertake a field research in Bali and Surakarta. Field research in Bali was carried out in Regency government and Resort Police Office of Badung as well as traditional village of Penglipuran and Timpag. While in Surakarta, the field research was carried out in Municipality government of Surakarta. There were also information gathered from academics in Faculty of Law Universitas Sebelas Maret and national religious figure residing in Surakarta for supporting of analysis. 2 Hari Purwadi Peran Prguruan Tinggi dalam Menghadapi Radikalisme. Paper FGD Peranan Lembaga Pendidikan Tinggi, Pemerintah Daerah dan Organisasi Kemasyarakatan Dalam Mengantisipasi Gerakan Radikalisme yang diselenggarakan oleh Asisten Deputi Hubungan Organisasi Kemasyarakatan dan Organisasi Politik Deputi Bidang Hubungan Kelembagaan dan Kemasyarakatan Kementerian Sekretariat Negara bekerja sama dengan Pusat Penelitian dan Pengembangan Konstitusi dan Hak Asasi Manusia (P3KHAM) 305

3 3. Understanding the root of radicalism It is believed that the act of radicalism should start from an ideology, fathom, or particular view that become part of people s comprehension, which then influences their way of thinking and way of life, and finally becomes their belief. So as the radical act in Indonesia, it was started as the Islamic State of Iraq and Syria (ISIS) developed in its origin. This organization, just as Al-Qaeda, has both operational infrastructure and support infrastructure 3. The terror brought by the ISIS had impact to the international political atmosphere, the opinion of the States, the view towards particular belief or religion, and many others. It became an encouragement to others to have beliefs or act as the ISIS has conducted, whether we realize or not. It also gave a supporting environment to cultivate and fertilize the seed of radicalism around the world, especially the area with economic and social difficulties, but not to exclude Indonesia. As mentioned above, there are many factors influencing the development of radicalism. Those factors are important to be taken into account in eradicating and preventing radicalism. The understanding of development background and supporting factors of radicalism become principal in arranging the solution for radicalism. Since the social and cultural aspects hold an important part in radicalism development, it is essential to work in inter-disciplinary approach. The complexity of the radicalism cannot be handled by one or particular force. There are many kind of approach method to prevent terrorism, they are politics, religion, social, culture, and law 4. Many studies have shown that radicalism in Indonesia is increasingly prevalent in the post-reform era 5 as an efforts to respond and overcome the identity crises experienced by young people, both at the personal and collective levels, in the context of schismogenesis or the drastic changes that 3 Bahtiar Marpaung Aspek Hukum Pemberantasan Terorisme di Indonesia. Jurnal Equality 12(2):7. 4 W Wiriadinata., PERANAN APARAT PENEGAK HUKUM DALAM PENANGGULANGAN TERORISME DI INDONESIA (The role of law enforcers in dealing with terrorism in Indonesia). Jurnal Hukum & Pembangunan 45(2): Muhammad N Azca Yang Muda Yang Radikal, Refleksi Sosiologis terhadap Fenomena Radikalisme Kaum Muda Muslimin di Indonesia Pasca Orde Baru. Jurnal Maarif Arus Pemikiran Global 8(1):

4 occur in the situation of political transition to democracy 6. Discussion on terrorism and awareness building on one should be carried out seriously and continuously Legal instrument for preventing radicalism Indonesia has a method to prevent terrorism. It is a criminal justice system that emphasizes an open justice system. The method of open justice system in Indonesia is better than the terrorism prevention method in some countries because the approach of some countries include using another approach to terrorism that sometimes the process of arresting terrorists cannot be revealed to the public 8. There are two legal instrument for preventing terrorism in Indonesia, they are the Act Number 17 Year 2013 on Community Organization regulates the obligation of community organizations and obligation to participate in attain community orderliness. The other legal instrument for preventing radicalism is Act Number 15 Year 2003 on Terrorism Act Eradication. The implementation of this regulation is ineffective because of the suspect detainment and the evidence which opposed to the human rights concept. 5. Hard approach in preventing terrorism Every step in countering terrorism must be based on code of conduct or rule of engagement in order to get a legality and legitimate in society. Hard approach is not effective to prevent terrorism because not only many of perpetrators were shot and can inhibit the information about terrorism organization but also resulting in sadness for their family. Hard approach can resulting in a grudge by perpetrator s family. A grudge can even make a terrorism sustainable. However a 6 Muhammad N Azca Yang Muda Yang Radikal, Refleksi Sosiologis terhadap Fenomena Radikalisme Kaum Muda Muslimin di Indonesia Pasca Orde Baru. Jurnal Maarif Arus Pemikiran Global 8(1):19. 7 Ahmad F Fanani Fenomena Radikalisme di Kalangan Kaum Muda. Jurnal Maarif Arus Pemikiran Global 8(1): Suhardi Alius Penanganan Terorisme. Accessed on Monday, 22 Mei

5 hard approach is still needed, but should be limited to its use only in the most emergency situation. 6. Soft approach in terrorism prevention The alternative approach in terrorism prevention instead of hard approach is the soft approach. One of the soft approach example is the inter-sector deradicalization program. The inter-sector de-radicalization program is not only to implement regulations but also to prioritize intelligence function and community development which include territoriality policy, partnerships, approval-based policies and public legitimacy. Furthermore, the terrorism prevention needs preventive and non-reactive measures, inter-agency approaches and strengthening the community awareness in order to not being affected by terrorism and to not being sympathetic to the terrorist movement. The government should solve the basic problems in local area and establish the cooperation with the local government to identify the area and community where there is potential to radicalism and terrorism act. The existing environmental security system with mandatory reporting for foreigners can be improve, as well as the education system in religion and citizenship. The responsibility in terrorism prevention not only performed by police but also needed a cooperation among agencies by ministry in internal affairs, ministry in foreign affairs, ministry in education and culture, ministry of law and human rights, ministry in social affairs, ministry of religion, ministries of communication and information, intelligence agencies, military, non-governmental organization, university, religious figure, and community figures. The implementation of against terrorism act should be done in form of resocialization, re-integration, and exemplary, that government act indiscriminately against terrorist. The understanding that should also be spread is that war against terrorist is an urgent need in order to protect the citizens as obliged by the Preambule of 1945 Constitution. The community should be encouraged to immediately post a report whenever they find an indication or event which potentially directing into the act of terrorism. Studying the explanation above, it is known that there is an urgent need for government to take into account an 308

6 integrated action upon all policies, concept, and recommendation on preventing terrorism in order to achieve a direct benefit. 7. Engagement and Empowerment of Community in Terrorism Prevention and Early Detection Community engagement is one of the important yet often overlooked in terrorism prevention and detection effort. A success story of community engagement on terrorism prevention came from China. China was considered successful in applying contra-terrorism policy since they have penetrated the grassroot institutions in the community, including family unit, and use them to prevent terrorism act 9. One of the potential strategy for Indonesia is by developing multilayer early detection system of terrorism. The early detection system should be done comprehensively by the national government as well as local government, which consist of provincial and regency/municipal government, and empowering the community based institutions (household groups, village, district) as its spearhead. The good coordination among central government, provincial and regency/municipal ones will build a strong multilayer detection of terrorism. The strategy should be initiated by a strong and multilayer socialization from all level of government. In order to broaden the understanding of the policies in terrorism prevention, there will be a need of operational guidelines instead of legal instruments so that we can minimize the thuggery action in the name of terrorism prevention. This strategy will not need a new body or board since we can empower the existing security bodies inside the community. These are several steps which possible to be done in the community: a. Improve the civil administration system, including the identification documents and the institution which issue the documents b. Maximize the regulation of obligatory report in community level 9 Martin I Wayne China's War on Terrorism: Counter-Insurgency, Politics and Internal Security. Routledge. 309

7 c. Foster the existing community security system to be able to and to be skilled to detect the potential terrorism act as well as to give early treatment d. Develop an emergency board for terrorism act in the community 8. Ideology and National Security Strengthening When radicalism is related to social structure change demand because it is ideologically incompatible, then an ideology strengthening become important through higher education facilitation. Indonesia is a rechtstaat 10 with Pancasila as its basis. A kinship basis is the starting point of Pancasila, which put the people above all and priorities human dignity 11. Pancasila as the ideology for education in Indonesia can be stand side-by-side with secular ideology. The term Pancasila here is the symbol of religiosity, humanity, unity in diversity, democracy, and social justice. If one assumes that certain science is free from value and neutral, then the strengthening of ideology only can be done by full-ofvalue sciences. However, even natural science contain the value of religiosity, so there will be no limitation of ideology strengthening to the social science only. As an open ideology, Pancasila has role and functions among others as the soul of nation, personality of nation, basis of nation, as well as source of all legal source. In the case of counter-radicalism act, Pancasila as the soul and personality of nation may act as the fortress from radicalism fathom to enter the core of Indonesian people. Pancasila as national basis and legal source can also protect the nation from radicalism fathom to be part of Indonesian life. Problems of radicalism actually a test for national security. In this case, the national security referred to a dynamic condition of a nation from many aspects of tough national live and possess the capability to develop power in facing challenge, threats, difficulties and disturbance which disrupt the national integrity, identity, national existence, as well as the effort of national objectives achievement. Pancasila become the home of Indonesia in the context of national 10 Rechtstaat is a country which governed by the law, not by the power 11 Wahjono, Padmo Indonesia Negara yang Berdasarkan Atas Hukum. Presented in special lecture of Professor Inauguration, Faculty of Law University of Indonesia, Jakarta, Indonesia, November 17,

8 security 12. Pancasila should be viewed as the basis of collective way of life in Indonesia 13. The ideology and national security strengthening as social change can be done also by the path of law. Law has the ability to set the obvious boundaries of acts and expected conditions. However, the problem of law impact assessment should be realized because there may be adjustments of behavior done by the public, organization, or other target toward the new law. Nonetheless, along with time they will be return to previous behavior, so the legal authority can strictly enforce the law in the beginning and then loosen it in later time. The other problem is the difficulty in detecting the change of behavior whether it caused by the change of law or other reasons. 9. Role of Higher Education Institution Education as social institution owns a strategic role and is able to provide a great contribution in response of international and national issues on radicalism and terrorism, in context of teaching university, research university, as well as university as a bastion of civilization. Many social problems, such as poverty, social service, unjust or discrimination, inspired the higher education institution not only for science development but also for proposing solutions. Therefore, in context of preventing terrorism and radicalism, higher education institution will take part in sharing knowledge and solution as part of the three main duties of Higher Education institution (Tridarma Perguruan Tinggi), i.e. education, research, and community service. It also means that higher education institutions are able to be a de-radicalization instrument. De-radicalization itself can be inferred as process or effort to eliminate the fathom of radical through interdisciplinary approach or to make the terrorist abandoned their fathom. Therefore, higher education institutions not only play role for the benefit and development of the institutions themselves but also become a critical component 12 B. L Tanya., TY Parera and SF Lena Pancasila Bingkai Hukum Indonesia. Yogyakarta: Genta Publishing. 13 Hari Purwadi Peran Pendidikan Tinggi dalam Menghadapi Radikalisme. Paper presented in Public Discussion entitled The Role of State, Local Government, and Higher Education Institutions in Radicalism Prevention, Surakarta, Indonesia, February 25,

9 of thinking patterns or behavior in social structure change. It is to be underlined that capacity building of higher education institutions is needed for deradicalization. In context of education duty, especially in law education, law is understood as ideology (jurisprudence as ideology), instead of heritage (jurisprudence of heritage), and theorizing activity 14. As the ideology, with the assumption on law, the taught knowledge can be used by other higher education institution for pairing the Pancasila ideology with liberal-capitalistic ideology. This is an exclusive point for Indonesian education to be plural-local-wisdom-oriented with the basis of Pancasila to join the global network. Education with secular ideology would be tried-to-be-replaced by or combined with the culture or tradition of Pancasila. 10. Conclusion Terrorism is part of radicalism. The act of radicalism can become the act of terrorism. Radicalism may grow from the demand of drastic change which involve the act of violence. The understanding of the root of radicalism will give a broader perspective and a better awareness of it. In preventing radicalism, there are steps that can be carried out, they are applying legal instruments, using hard and soft approach, engaging and empowering the community, as well as strengthening the ideology and national security. Higher education institutions also play important role in spreading the prompt understanding of radicalism in order to prevent it. Therefore, the responsibility of radicalism prevention are in hands of government, community, as well as the higher education institutions. 14 Hari Purwadi Peran Pendidikan Tinggi dalam Menghadapi Radikalisme. Paper presented in Public Discussion entitled The Role of State, Local Government, and Higher Education Institutions in Radicalism Prevention, Surakarta, Indonesia, February 25,

10 References Alius, Suhardi Penanganan Terorisme. risme. Accessed on Monday, 22 Mei Azca, Muhammad N Yang Muda Yang Radikal, Refleksi Sosiologis terhadap Fenomena Radikalisme Kaum Muda Muslimin di Indonesia Pasca Orde Baru. Jurnal Maarif Arus Pemikiran Global 8(1):19. Fanani, Ahmad F Fenomena Radikalisme di Kalangan Kaum Muda. Jurnal Maarif Arus Pemikiran Global 8(1): 4-5. Marpaung, Bahtiar Aspek Hukum Pemberantasan Terorisme di Indonesia. Jurnal Equality 12(2):7. Purwadi, Hari Peran Pendidikan Tinggi dalam Menghadapi Radikalisme. Paper presented in Public Discussion entitled The Role of State, Local Government, and Higher Education Institutions in Radicalism Prevention, Surakarta, Indonesia, February 25, Tanya, B. L., TY Parera and SF Lena Pancasila Bingkai Hukum Indonesia. Yogyakarta: Genta Publishing. Wahjono, Padmo Indonesia Negara yang Berdasarkan Atas Hukum. Presented in special lecture of Professor Inauguration, Faculty of Law University of Indonesia, Jakarta, Indonesia, November 17, Wayne, Martin I China's War on Terrorism: Counter-Insurgency, Politics and Internal Security. Routledge. Wiriadinata, W., PERANAN APARAT PENEGAK HUKUM DALAM PENANGGULANGAN TERORISME DI INDONESIA (The role of law enforcers in dealing with terrorism in Indonesia). Jurnal Hukum & Pembangunan 45(2):