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All Journal Indonesian Journal of Counter Terrorism and National Security
Dheni Anugerah Prasetya
Universitas Negeri Semarang
Law, Crime, Criminology & Criminal Justice

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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.
Reintegration or Recidivism? Rethinking Indonesia’s Policies Toward Former Terrorism Convicts: Reintegrasi atau Kambuh? Meninjau Kembali Kebijakan Indonesia Terhadap Mantan Narapidana Terorisme Rohadhatul Aisy; Dheni Anugerah Prasetya; Chandan Kumar Sah
Indonesian Journal of Counter Terrorism and National Security Vol. 5 No. 1 (2026): January-June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijctns.v5i1.34555

Abstract

The recurrence of terrorism cases in Indonesia remains frequent and continues to pose a threat despite the government’s efforts to promote deradicalization programs in recent years. The implementation of these programs has yet to achieve optimal outcomes, as many former terrorism inmates rejoin their networks and engage in further acts of terrorism after release. This study aims to examine the effectiveness of deradicalization programs for former terrorism inmates in Indonesia and to formulate an ideal policy framework. Employing a qualitative approach with a socio-legal method, the findings reveal that deradicalization programs have not been effective. Contributing factors include fragmented and sectoral implementation, insufficient competence and quantity of correctional officers, prison overcrowding, the uniform treatment of terrorism inmates with general prisoners, and persistent social stigma. An ideal deradicalization policy should be implemented through systematic stages Identification, Rehabilitation, Re-education, and Resocialization by fostering synergy between government and non-government institutions using a humanistic approach. In conclusion, deradicalization programs in Indonesia remain ineffective and require comprehensive policy reformulation.
Co-Authors Chandan Kumar Sah Rohadhatul Aisy