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All Journal Journal of Indonesian Legal Studies Journal of Law and Legal Reform Lex Scientia Law Review Jurnal Pengabdian Hukum Indonesia
Ali Masyhar
Faculty of Law, Universitas Negeri Semarang
Law, Crime, Criminology & Criminal Justice

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The Driving Factors for Recidivism of Former Terrorism Convicts in Socio-Legal Perspective Ali Masyhar; Ali Murtadho; Ahmad Zaharuddin Sani Ahmad Sabri
Journal of Indonesian Legal Studies Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i1.69445

Abstract

The phenomenon of recidivism among former terrorism convicts presents a complex challenge within the socio-legal context. This study aims to explore the driving factors behind the recurrence of terrorism-related offenses among previously incarcerated individuals. By employing a socio-legal perspective, the research examines the interplay of social and legal factors that contribute to the re-engagement of former terrorism convicts in illegal activities. Drawing on existing literature and empirical data, this paper identifies various key factors, including societal stigma, socio-economic struggles, and deficiencies in the legal system. The study underscores the importance of comprehensive policies that address both social and legal dimensions to effectively prevent and address recidivism in the terrorism context. By understanding and addressing these driving factors, policymakers and practitioners can develop more targeted and nuanced interventions to facilitate successful rehabilitation and reintegration while safeguarding national security and promoting social cohesion.
Breaking the Cycle of Injustice: Revolutionizing Human Rights Violations Resolution Through the 1945 Constitution Amancik Amancik; Putra Perdana Ahmad Saifulloh; Ali Masyhar; Asrul Ibrahim Nur; Sonia Ivana Barus
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.7460

Abstract

The stagnation of human rights enforcement in Indonesia's Reformation Era has highlighted a critical imbalance: the current system prioritizes punishing perpetrators of serious human rights violations over addressing the recovery and well-being of victims. This research introduces The Constitution of Peace as a transformative, victim-centered model for resolving serious human rights violations outside the courtroom, aligning with the principles and soul of the 1945 Constitution. The proposed model comprises three innovative approaches: first, mediation facilitated by the National Human Rights Commission to foster dialogue and accountability; second, the provision of compensation, restitution, and assistance to victims through the Witness and Victim Protection Agency, ensuring tangible support for recovery; and third, an official apology by the relevant authority, accompanied by the fulfillment of economic, social, and culpability obligations. Together, these measures aim to correct the limitations of the current retributive framework by prioritizing restorative justice and victim empowerment. By embracing these victim-oriented solutions, this model not only addresses the legal and moral obligations enshrined in the 1945 Constitution but also fosters reconciliation and societal healing. The research underscores the transformative potential of the Constitution as a foundation for peace, justice, and the resolution of entrenched human rights challenges. It calls for a paradigm shift from punitive measures to a more holistic approach, ensuring that justice serves both the dignity of victims and the broader goal of national harmony.
School of D-RAD : An Effort of Deradicalization for Former Terrorism Convict Ali Masyhar; Muhammad Azil Maskur; Eram Tunggul Pawenang; Nadhira Madania Dimarti; Muhammad Azam
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Vol. 8 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i2.34458

Abstract

This community service is designed to help “Yayasan Persaudaraan Anak Negeri” (Persadani), a Semarang-based foundation comprised of former terrorism convicts, actively engaged in deradicalization efforts. The main issue that is faced by Yayasan Persadani is that there has not been a systematic program to help them in the deradicalization and social reintegration process. Moreover, the lack of religion-based moderation approaches to support deradicalization caused a challenge in preventing them from returning to the radical networks. Yayasan Persadani also faced the lack of a curriculum that is suitable for the life skills of the members and a continuous psychosocial support. School of D-RAD was offered as a solution to those challenges. The School of D-RAD functions as a training hub for the deradicalization of terrorism ex-convicts, assisting 10 participants in their rehabilitation process. It has 3 main programs which are, Religious Moderation Education, Ideological Rehabilitation, Psychological Support with Social Stigma Reduction, as well as Role-Playing and Anti-Radicalism Educational Games. The output target for this activity are, A publication in accredited national scientific journal; A news report on electronic/mass media; a video report of the activity on youtube; and copyright. The expected outcome of this program includes of the hope that the creation of School of D-RAD will be a place for deradicalization, empowerment, the participant’s increased understanding in the religion moderation values for ex-terrorism convicts.
Legal Reform for Victims in Criminal Justice System of Indonesia and Russian Juridical Review Cahya Wulandari; Ali Masyhar; Muhamad Sayuti Hassan
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.7322

Abstract

The realization of justice in a criminal process cannot be separated from the position of the victim in the criminal justice system. Victims as parties directly dealing with criminal acts certainly expect their rights and interests to be properly accommodated. This article is written based on a method of normative juridical research with a comparative approach in victim protection regulation in Russia and Indonesia. In the process of resolving criminal cases through the criminal justice system in Indonesia, the victim's interests are represented by the Public Prosecutor so that they do not have access to have their wishes heard further. Even though in Law Number 1 of 2023 concerning the Criminal Code, sentencing guidelines and purposes of sentencing have been regulated, which in this case requires the role of the victim and/or their family, and further regulation is needed in practice. This is of course very different from the position of the victim in the Criminal Procedural Code in Russia, which places the victim actively in the process of the criminal justice system. The presence of the prosecutor in court does not diminish the victim's right to fight for their rights, including by conducting private prosecution of the perpetrator in the form of material or immaterial compensation. To be able to realize the values contained in Pancasila which are not only as Grundnorm but also as Grundwerten, it is necessary to place this victim in the process of resolving criminal cases at every level in the criminal justice system
Economic Assistance as a Form of Non-Penal Policy in Countering Terrorism for Ex-Prisoners in Indonesia Ali Masyhar; Ali Murtadho; Rohadhatul Aisy; Roziya Abu
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.7558

Abstract

This study highlights the critical role of economic assistance as a non-penal policy in countering terrorism among ex-prisoners in Indonesia. Economic stability emerges as a significant factor in mitigating criminal behavior, particularly terrorism, by addressing the economic roots of radical ideologies. Traditional counterterrorism measures in Indonesia have predominantly focused on punitive approaches, targeting individuals who have committed terrorism offenses through formulation, judicial application, and executive enforcement of penal policies. However, there is an increasing recognition of the limitations of solely punitive measures in preventing recidivism and addressing the broader socio-economic factors that contribute to radicalization. The findings underscore the efficacy of economic interventions in disrupting the cycle of terrorism by providing viable alternatives to individuals vulnerable to radical ideologies due to economic hardships. By offering economic assistance, such as vocational training, job placement programs, and financial support, governments can empower ex-prisoners to reintegrate into society positively. This approach not only enhances the economic stability of former offenders but also reduces their susceptibility to re-engaging in terrorist activities. Moreover, integrating economic welfare assistance into broader counterterrorism strategies promotes a holistic approach that complements punitive measures with preventive measures. It acknowledges the need for synergy between punitive and non-penal policies to effectively combat terrorism. Such integrated strategies are essential for long-term success in reducing terrorism by addressing its socio-economic underpinnings and fostering sustainable peace and stability. In conclusion, this study advocates for the prioritization and implementation of economic assistance programs tailored for ex-prisoners in Indonesia as a crucial component of comprehensive counterterrorism efforts. By investing in economic stability, governments can effectively undermine the appeal of radical ideologies and contribute to lasting security and societal resilience.
Co-Authors Ahmad Zaharuddin Sani Ahmad Sabri Ali Murtadho Amancik Amancik Asrul Ibrahim Nur Cahya Wulandari Eram Tunggul Pawenang Muhamad Sayuti Hassan Muhammad Azam Muhammad Azil Maskur Nadhira Madania Dimarti Putra Perdana Ahmad Saifulloh Rachmadan Eka Cipta Rohadhatul Aisy Roziya Abu Sonia Ivana Barus