{"title":"Terrorism as Socially Constructed Crime in Indonesia","authors":"Heru Sesetyo","doi":"10.22304/pjih.v6n2.a4","DOIUrl":null,"url":null,"abstract":"In the aftermath of Bali Bombing 2002, which is considered the biggest terrorist attack in Indonesia, the Indonesian government launched the so-called ‘war against terrorism’. Subsequently, the government established and applied laws on terrorism and formed a special counter-terrorism police squad: The Detachment 88. A state body that coordinates counter-terrorism measures is quickly established, the National Anti-Terrorism Agency (BNPT –Badan Nasional Penanggulangan Terorisme). Therefore, terrorism in Indonesia has been considered a ‘big and serious business’ since 2002. It also raises a serious question in defining and judging terror crime. Indeed, Indonesia has the law of terrorism since 2002, yet the definition is not very clear. Even in international forum, there is no single and approved definition of terrorism. For instance, an armed group who attacked civilians in Central Sulawesi was named terrorists by the state. On the other hand, a group of militias who attacked and held hostages in Timika, Papua was labelled as an armed criminal group. In Jakarta, there were some bomb threats during 2015 and 2017. Nevertheless, the law enforcement agencies have never named them as ‘terrorists’, although their actions deserve to be called as ‘lone-wolf terrorism’. This paper aims to identify the social construction of terrorism. Terrorism is a term that is used regularly by news media and politicians. Whether its application is impartial or biased is fundamental to a debate. In a society where, international terrorism monopolizes news media and political discussion, there is no greater need than to analyze the boundaries of the term ‘terrorism’ construction within social processes. One of the serious problems involving terrorism in Indonesia is to define an offense as terrorism. The laws of terrorism are existed. The judgment and conviction to terrorism suspects also have been made in various jurisdictions. Yet, the types of offenses constituted as terrorism are still unclear. Ordinary people, media, opinion makers, and law enforcement officers have socially constructed terrorism and have their own perceptions of terrorism. This condition leads to law uncertainty and, to some extent, it leads to victimization and stigmatization of innocent people because their appearances and social environments have been associated to terrorism. This study employed two approaches: Social construction and guilt by association theories.","PeriodicalId":404335,"journal":{"name":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"PADJADJARAN Jurnal Ilmu Hukum (Journal of Law)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.22304/pjih.v6n2.a4","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
In the aftermath of Bali Bombing 2002, which is considered the biggest terrorist attack in Indonesia, the Indonesian government launched the so-called ‘war against terrorism’. Subsequently, the government established and applied laws on terrorism and formed a special counter-terrorism police squad: The Detachment 88. A state body that coordinates counter-terrorism measures is quickly established, the National Anti-Terrorism Agency (BNPT –Badan Nasional Penanggulangan Terorisme). Therefore, terrorism in Indonesia has been considered a ‘big and serious business’ since 2002. It also raises a serious question in defining and judging terror crime. Indeed, Indonesia has the law of terrorism since 2002, yet the definition is not very clear. Even in international forum, there is no single and approved definition of terrorism. For instance, an armed group who attacked civilians in Central Sulawesi was named terrorists by the state. On the other hand, a group of militias who attacked and held hostages in Timika, Papua was labelled as an armed criminal group. In Jakarta, there were some bomb threats during 2015 and 2017. Nevertheless, the law enforcement agencies have never named them as ‘terrorists’, although their actions deserve to be called as ‘lone-wolf terrorism’. This paper aims to identify the social construction of terrorism. Terrorism is a term that is used regularly by news media and politicians. Whether its application is impartial or biased is fundamental to a debate. In a society where, international terrorism monopolizes news media and political discussion, there is no greater need than to analyze the boundaries of the term ‘terrorism’ construction within social processes. One of the serious problems involving terrorism in Indonesia is to define an offense as terrorism. The laws of terrorism are existed. The judgment and conviction to terrorism suspects also have been made in various jurisdictions. Yet, the types of offenses constituted as terrorism are still unclear. Ordinary people, media, opinion makers, and law enforcement officers have socially constructed terrorism and have their own perceptions of terrorism. This condition leads to law uncertainty and, to some extent, it leads to victimization and stigmatization of innocent people because their appearances and social environments have been associated to terrorism. This study employed two approaches: Social construction and guilt by association theories.
2002年巴厘岛爆炸事件被认为是印度尼西亚最大的恐怖袭击事件,在此之后,印度尼西亚政府发动了所谓的“反恐战争”。随后,政府制定并实施了反恐法律,并组建了一支专门的反恐警察队伍:88支队。一个协调反恐措施的国家机构迅速成立,即国家反恐怖主义机构(BNPT -Badan National Penanggulangan terrorism)。因此,自2002年以来,印尼的恐怖主义一直被视为一项“重大而严肃的业务”。在定义和判断恐怖犯罪时,这也提出了一个严重的问题。事实上,印尼自2002年就制定了反恐法,但其定义并不十分明确。即使在国际论坛上,对恐怖主义也没有统一的、公认的定义。例如,一个在苏拉威西中部袭击平民的武装组织被国家列为恐怖分子。另一方面,在巴布亚的提米卡袭击和劫持人质的民兵组织被列为武装犯罪集团。在雅加达,2015年和2017年期间发生了一些炸弹威胁。尽管如此,执法机构从未将他们称为“恐怖分子”,尽管他们的行为值得被称为“独狼恐怖主义”。本文旨在识别恐怖主义的社会建构。恐怖主义是新闻媒体和政治家经常使用的一个词。它的应用是否公正或有偏见是辩论的基础。在一个国际恐怖主义垄断新闻媒体和政治讨论的社会中,没有比在社会进程中分析“恐怖主义”一词的边界更有必要的了。印尼涉及恐怖主义的一个严重问题是如何将一项犯罪定义为恐怖主义。恐怖主义的法律是存在的。对恐怖主义嫌疑人的判决和定罪也在不同的司法管辖区进行。然而,构成恐怖主义的犯罪类型仍然不清楚。普通民众、媒体、舆论制造者和执法人员对恐怖主义进行了社会建构,并对恐怖主义有自己的看法。这种情况导致法律的不确定性,并在某种程度上导致无辜的人受害和污名化,因为他们的外表和社会环境与恐怖主义有关。本研究采用社会建构理论和联想内疚理论两种研究方法。