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All Journal Indonesian Journal of Counter Terrorism and National Security
Rohadhatul Aisy
Universitas Jenderal Soedirman
Law, Crime, Criminology & Criminal Justice

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ASEAN's Role in Countering Global Terrorism Towards Strengthening the Implementation of Regional Security Policy: Peran ASEAN dalam Menangani Terorisme Global Menuju Penguatan Pelaksanaan Kebijakan Keamanan Regional Safira Embun Insanidya; Utami Okta Khamsa; Rohadhatul Aisy
Indonesian Journal of Counter Terrorism and National Security Vol. 3 No. 2 (2024): July-Desember, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijctns.v3i2.30758

Abstract

The threat of global terrorism has grown beyond national borders and become a strategic issue in international security, including in Southeast Asia. ASEAN as a regional forum and organization plays an important role in building collective cooperation among member states to tackle transnational acts of terrorism. This article discusses ASEAN cooperation in countering terrorism through instruments such as ACCT, ASEANAPOL, AMMTC, ASC, ARF to defense forums such as ADMM and ADMM-Plus. Using a normative legal approach and descriptive qualitative method, this research evaluates the effectiveness of regional security policy implementation, and identifies the main obstacles such as differences in national legal systems, the lack of integration of digital legal instruments, and attachment to the principles of non-intervention and consensus (ASEAN Way). The results of the study show that although ASEAN has various security cooperation institutions, actual coordination in cross-border law enforcement is still not optimal. Differences in views on criminal penalties, the absence of digital evidentiary standards, and the absence of regional-scale operational agencies are the main obstacles. However, the decline in terror attacks in Southeast Asia since 2019 reflects that cooperation in prevention and intelligence is starting to show results. To strengthen ASEAN's role in dealing with global terrorism, it is necessary to establish a regional counter-terrorism agency with technical authority, develop the ASEAN Model Criminal Code as a measure of criminal law harmonization, and strengthen institutions to be able to react to threats in a fast, integrated, and binding manner. With these steps, ASEAN can move from being just a dialog forum to becoming a key actor in creating a resilient and sustainable regional security system.
Bali Bombing and the Erosion of the Legality Principle: A Juridical Analysis of the Application of Retroactive Law in Countering Terrorism in Indonesia: Ledakan Bom di Bali dan Erosi Prinsip Legalitas: Analisis Hukum tentang Penerapan Hukum Retroaktif dalam Pemberantasan Terorisme di Indonesia Dheni Anugerah Prasetya; Rohadhatul Aisy
Indonesian Journal of Counter Terrorism and National Security Vol. 3 No. 2 (2024): July-Desember, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijctns.v3i2.31141

Abstract

The Bali Bombing I incident in 2002 became an important turning point in counterterrorism in Indonesia. However, the absence of specific regulations related to terrorism during the incident forced the government to issue Perppu No. 1 Year 2002, which was then applied retroactively. This retroactive application of criminal law raises serious issues in the national legal system, especially against the principle of nullum delictum nulla poena sine praevia lege poenali, which is a fundamental principle in the rule of law. This article aims to analyze the validity of the implementation of the Perppu from a normative juridical perspective, as well as to assess whether the argument that the crime of terrorism is an "extraordinary crime" can be used as a justification for retroactive law. By examining national legislation, the constitution, as well as international human rights law instruments such as the ICCPR, this article finds that the government's action has the potential to violate the principle of legality and open space for unconstitutional legal practices in the future. Therefore, strengthening the principles of the rule of law should be the main foundation in drafting anti-terrorism regulations in Indonesia.
Co-Authors Dheni Anugerah Prasetya Safira Embun Insanidya Utami Okta Khamsa