Indonesia
Indonesia has dedicated counterterrorism legislation, adopted most recently in 2018, which has given rise to significant human rights concerns. The death penalty is imposable for terrorist crimes. The 2018 law erodes safeguards against arbitrary detention and against torture and other ill-treatment.
The Definition of Terrorism in Domestic Law
Terrorism is defined in Law No. 5 of 2018Law on Amendment to Law No. 15 of 2003 on Stipulation of Government Regulation in Lieu of Law No. 1 of 2002 on Eradication of Criminal Acts of Terrorism to become a Law (2018 Amendment to Terrorism Law).as follows:
an act which uses violence or threat of violence which causes a widespread atmosphere of terror or fear, which can cause mass victims, and/or creates damage or destruction to a strategic vital object, the environment, a public facility, or an international facility for reason of ideology, politics, or security disturbance.Art. 1(2), 2018 Amendment to Terrorism Law.
Adherence to Global and Regional Terrorism Treaties
Indonesia is a State Party to several of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State not party |
| 1979 Hostage-Taking Convention | State not party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
In ratifying the 2005 Convention, Indonesia declared that the Convention "shall not be construed as supporting, encouraging, condoning, justifying or legitimizing the use or the threat of use of nuclear weapons for any means or purposes".
Indonesia is chairing the Association of South-East Asian Nations (ASEAN) in 2023.
| Treaty | Adherence |
|---|---|
| 1999 OIC Convention on Combating International Terrorism | Status unknown |
| 2007 ASEAN Convention on Counter Terrorism | State Party |
Laws and Penalties for Terrorist Offences
Under the 2018 Amendment to Terrorism Act, sanction for perpetration of the crime of terrorism is imprisonment for between five and twenty years or even capital punishment.Art. 6, 2018 Amendment to Terrorism Act.
Importing or exporting material for terrorism carries a term imprisonment for between three and twelve years,Art. 10A(4), 2018 Amendment to Terrorism Act.with a heavier penalty if it involves explosives or biological, chemical, or nuclear material if that material is later used for the purpose of terrorism (from a minimum of four years and up to fifteen).Art. 10A(3), 2018 Amendment to Terrorism Act.The content of the Act has been controversial.
Counterterrorism Capacities and Policies at Domestic Level
Densus-88 is the Indonesian police force’s special counterterrorism squad.
Article 43A of the 2018 Amendment to Terrorism Law stipulates that preventive measures are an obligation of the government, which are to be implemented through three programmes: national preparedness, counter-radicalization, and deradicalization.
The law also allows for the military to conduct counterterrorism operations.
In April 2021, the Indonesian government designated the West Papua National Army-Free Papua Organization a terrorist group. Densus-88 and the army have both been used in operations against OPM.
Glossary
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