AN EXAMINATION OF INDONESIAN PRISON OFFICERS’ EXPERIENCES ON DERADICALISATION: TOWARDS BETTER PRACTICE
I Gede Widhiana Suarda Bachelor of Law (Udayana University, Bali) Master of Law (Diponegoro University, Central Java)
Principal Supervisor: Professor Reece Walters Associate Supervisor: Associate Professor Mark Lauchs
Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy
School of Justice, Faculty of Law Queensland University of Technology 2018
Keywords
Challenges, Collaboration, Counterterrorism, Corrections, Deradicalisation, Disengagement, Experiences, Extremist, Directorate General of Corrections (DGC), Implementer, Indonesian Prison Officers, Indonesia’s Prison-based Deradicalisation Program, Jihadist, National Counter Terrorism Agency (BNPT), Partnership, Prison, Prison-based Deradicalisation Program, Radicalisation, Reform, Rehabilitation, Role of Indonesian Prison Officers on Terrorist Rehabilitation, Special Prison for Convicted Terrorist, Strategy, Terrorism, Terrorist Convicts, Terrorist Inmates, Terrorist Prisoners, Terrorist Rehabilitation.
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Abstract
In dealing with convicted terrorists throughout prisons, prison-based deradicalisation programs have been instituted by many states. Generally, the programs have two objectives: preventing radicalisation in the prisons, and reducing violent behaviour of the convicted terrorists. For the implementation of such programs, terrorist inmates are the participants, while one arm of the implementers is the prison officers.
Following this issue, many studies around terrorist inmates and deradicalisation programs have been conducted. In the Indonesian context, although an emerging body of literature is available that focuses on terrorist inmates and deradicalisation programs, less attention has been paid to the Indonesian prison officers who are implementing the program at the coalface. This study addresses this research gap, and focuses on the experiences of Indonesian prison officers implementing prison-based deradicalisation programs.
To achieve these goals, focus group discussions with Indonesian prison officers were conducted in three Indonesian prisons, namely Cipinang, Pasir Putih Nusakambangan, and Surabaya Prisons. To analyse the data, a thematic qualitative analysis was employed. The study also applied legal research to formulate strategies to improve the role of Indonesian prison officers in the implementation of deradicalisation programs.
The findings demonstrate five challenges faced by Indonesian prison officers implementing such programs: terrorist inmates’ personalities, the readiness of Indonesian prison officers, the sustainability of Indonesia’s prison-based deradicalisation program, institutional infrastructure problems, and unavailability of collaborative mechanisms. Further, the study specifically considered the establishment of a special prison for convicted terrorists in Indonesia. Although various advantages, disadvantages, and policy recommendations related to the establishment of this prison were identified, there was absolute agreement among the prison officers for this initiative. An evaluation of the needs of Indonesian prison officers in implementing terrorist rehabilitation programs found that appropriate training and good partnerships are essential. Moreover, the thesis presents policy recommendations and identifies regulation reform to improve Indonesian prison officers’ role in terrorist rehabilitation. These findings extend the body of knowledge on prison-based deradicalisation programs from the perspective of prison officers.
ii An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
Table of Contents
Keywords ...... i Abstract ...... ii Table of Contents ...... iii List of Figures ...... vii List of Tables ...... viii List of Abbreviations ...... ix Statement of Original Authorship ...... xi Acknowledgements ...... xii Introduction ...... 1 1.1 Contextual Background ...... 3 1.2 Research Questions ...... 6 1.3 Objectives of the Research ...... 7 1.4 Significance of the Research ...... 7 1.5 Conceptual Frameworks ...... 8 1.6 Terrorist Prisoners: A Working Definition ...... 11 1.7 Publications ...... 14 1.8 Thesis Structure and Chapter Outline ...... 14 Literature Review ...... 17 2.1 Terrorism in Indonesia: Incidents, Networks, and Future Threats ...... 17 2.2 Terrorist Inmates in Indonesian Prisons: Facts and Figures ...... 21 2.3 The Nature of Indonesia’s De-radicalisation Program for Terrorist Prisoners ...... 25 2.4 Reported Outcomes of Indonesia’s Deradicalisation Program for Terrorist Inmates ...30 2.5 Limitations in the Current Literature ...... 34 2.6 Summary and Implications ...... 43 Research Design ...... 45 3.1 Overview of the Research Design and Methodology ...... 45 3.1.1 The Methodology and Research Questions ...... 46 3.1.2 Qualitative Social Research Methodology: Empirical Legal Research ...... 47 3.1.3 Legal Research: Policy and Law Reform Research ...... 48 3.2 Research Site ...... 49 3.3 Participants and Their Recruitment ...... 51
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3.4 Data and Legal Materials ...... 53 3.5 Data Collection Methods ...... 55 3.5.1 Primary Data ...... 55 3.5.2 Secondary Data ...... 58 3.6 Legal and Non-Legal Materials Collection Methods ...... 58 3.6.1 Primary Legal Materials ...... 59 3.6.2 Secondary Legal Materials ...... 59 3.6.3 Non-Legal Materials ...... 60 3.7 Data Analysis ...... 60 3.7.1 Familiarisation with the Data ...... 61 3.7.2 Generating Initial Codes ...... 61 3.7.3 Searching for Themes ...... 62 3.7.4 Reviewing Themes ...... 62 3.7.5 Defining and Naming Themes ...... 63 3.7.6 Producing the Report ...... 63 3.8 Ethical Considerations ...... 64 3.9 Scope and Limitations ...... 66 3.9.1 Scope ...... 66 3.9.2 Limitations ...... 66 Legal Frameworks ...... 69 4.1 Indonesia’s Anti-Terrorism Law ...... 70 4.1.1 Introduction ...... 70 4.1.2 The Substance of Indonesia’s Anti-Terrorism Law ...... 72 4.1.3 The Crime of Terrorism under the Anti-Terrorism Law...... 75 4.2 Indonesia’s Anti-Terrorism Financing Law ...... 82 4.2.1 Introduction ...... 82 4.2.2 The Nature of the Anti-Terrorism Financing Law ...... 83 4.2.3 The Crime of Terrorism Financing under the Anti-Terrorism Financing Law ...... 86 4.3 Chapter Summary ...... 88 The Challenges of Terrorist Deradicalisation: Indonesian Prison Officers’ Experiences ...... 93 5.1 Overview ...... 94 5.2 Terrorist Inmates’ Personalities ...... 94 5.2.1 Terrorist Inmates’ Beliefs ...... 95 5.2.2 Terrorist Inmates’ Behaviour ...... 100 5.2.3 Non-Cooperative Terrorist Inmates: A Greater Challenge ...... 104 5.3 The Readiness of Indonesian Prison Officers ...... 109 5.3.1 Internal Factors (Individual Aspects)...... 110 5.3.2 External Factors (Collegial Aspects) ...... 113
iv An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
5.4 Program Sustainability...... 116 5.4.1 An Incidental Program ...... 117 5.4.2 A Partial Program ...... 122 5.5 Institutional Infrastructure Problems ...... 126 5.5.1 Overcapacity ...... 127 5.5.2 Obscurity of Segregation Practices ...... 130 5.6 Unavailability of Collaborative Mechanisms ...... 133 5.6.1 Lack of Cooperation and Coordination between the BNPT and the DGC ...... 134 5.6.2 Unorganised Partnerships ...... 137 5.7 Concluding Remarks ...... 140 The Perspective of Indonesian Prison Officers on the Establishment of a Special Prison for Terrorist Inmates in Indonesia ...... 143 6.1 Overview ...... 144 6.2 The Establishment of a Special Prison for Terrorist Prisoners: An Absolute Agreement ...... 144 6.2.1 Terrorist Inmates: General Prison versus Special Prison ...... 144 6.2.2 An Absolute Agreement ...... 149 6.3 Advantages and Disadvantages of a Special Prison for Terrorist Inmates ...... 152 6.3.1 Advantages ...... 152 6.3.2 Disadvantages ...... 154 6.4 Policy Issues Related to a Special Prison for Terrorist Inmates ...... 157 6.4.1 Type of Inmate: Non-cooperative Terrorist Inmates ...... 159 6.4.2 Decision Maker for the Distribution ...... 161 6.4.3 Timing of Distribution to the Special Prison ...... 163 6.4.4 Strengthening Partnerships ...... 165 6.4.5 Availability of Data on the Background of Convicted Terrorists...... 168 6.5 Concluding Remarks ...... 170 Improving the Role of Indonesian Prison Officers in Terrorist Rehabilitation: A Strategy for the Future ...... 173 7.1 Overview ...... 174 7.2 The Role of Indonesian Prison Officers in terrorist Rehabilitation ...... 175 7.3 The Needs of Indonesian Prison Officers on Terrorist Rehabilitation...... 176 7.3.1 A Direct Need: Training ...... 177 7.3.2 An Indirect Need: Good Partnerships ...... 182 7.4 A Correlation between the Findings on the Challenges and the Findings on the Needs ...... 187 7.5 Strategies for the Future ...... 190 7.5.1 Strategy One: Policy Recommendations ...... 190 7.5.2 Strategy Two: Regulation Reform ...... 192 7.6 Concluding Remarks ...... 196
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Conclusions and Recommendations...... 199 8.1 Conclusions ...... 200 8.1.1 The Challenges of Deradicalisation: Indonesian Prison Officers’ Experiences ...... 201 8.1.2 The Perspectives of Indonesian Prison Officers on the Establishment of a Special Prison ...... 205 8.1.3 Improving the Role of Indonesian Prison Officers in Deradicalisation ...... 206 8.2 Recommendations ...... 208 8.2.1 Practical Recommendations for the Government of Indonesia ...... 209 8.2.2 Suggestions for Further Research ...... 211 Bibliography ...... 213 Appendices ...... 235
vi An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
List of Figures
Figure 1.1 The Relationship between Rehabilitation, Deradicalisation, and Disengagement in the Context of Terrorist Inmates ...... 10 Figure 1.2 The Relationship of Counterterrorism and Counter-radicalisation Initiatives with the Concepts of Disengagement, Deradicalisation, and Rehabilitation ...... 11 Figure 2.1 The Number of Terrorist Prisoners in Indonesia (2011 - 2017) ...... 22 Figure 2.2 Overall Assessment of Prison-based Deradicalisation Program for Terrorist Prisoners in Saudi Arabia, Indonesia, Yemen and Western Europe ...... 33 Figure 2.3 Grouping of the Existing Research on Indonesia’s Prison-based Deradicalisation Program...... 38 Figure 2.4 The Process of the Deradicalisation Program for Terrorist Prisoners in the Context of Indonesian Correctional Services ...... 41 Figure 2.5 Including Prison Officers’ Perspectives in the Research Topic of Indonesia’s Prison-based Deradicalisation Program ...... 42 Figure 3.1 The Research Sites ...... 50 Figure 3.2 The Ten Indonesian Prisons with the Largest Number of Terrorist Prisoners ...... 51 Figure 4.1 Connection between Acts of Terrorism under the Anti-Terrorism Law (ATL) and Indonesia’s Prison-based Deradicalisation Program ...... 91 Figure 4.2 Connection between Acts of Terrorism under the Anti-Terrorism Financing Law (ATFL) and Indonesia’s Prison-based Deradicalisation Program ...... 92 Figure 5.1 Classification of Terrorist Inmates in Indonesia: Terminology Comparison between the National Counter Terrorism Agency (Badan Nasional Penanggulangan Terorisme – [BNPT]) and Prison Officers ..... 107 Figure 5.2 Indonesia’s Prison-based Deradicalisation Program: Prison Officers’ Perspectives...... 121 Figure 6.1 Findings on the Future Policy Issues of a Special Prison for Terrorist Inmates ...... 158
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List of Tables
Table 2.1 The Distribution of Terrorist Prisoners in Indonesian Prisons and Detention Centres ...... 23 Table 2.2 The Number of Prisoners Convicted under Special Criminal Acts by August 2015 ...... 25 Table 2.3 Presman and Flockton Review of the Differences between Violent Extremists and Non-Ideologically Motivated Offenders ...... 26 Table 2.4 List of Recidivist Terrorists ...... 31 Table 3.1 Research Questions and the Associated Methodologies ...... 47 Table 3.2 The Correlation between Research Questions, Data, and Materials ...... 54 Table 3.3 Details of Focus Group Discussions ...... 57 Table 6.1 Comparison of the Distribution of Terrorist Inmates (Adapted from Newman’s Findings) ...... 148 Table 7.1 Correlation between the Challenges and the Need of Indonesian Prison Officers Regarding Terrorist Rehabilitation ...... 189
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List of Abbreviations
AMLL Anti-Money Laundering Law ASG Abu Sayyaf Group ATFL Anti-Terrorism Financing Law ATL Anti-Terrorism Law BNPT Badan Nasional Penanggulangan Terorisme (National Counter Terrorism Agency) CIL Correctional Institution Law CMT Conflict Management Training Densus Detasemen Khusus (Special Detachment) Ditjenpas Direktorat Jenderal Pemasyarakatan Republik Indonesia (Directorate General of Corrections) DGC Directorate General of Corrections DPR Dewan Perwakilan Rakyat (House of Representative) FATF Financial Action Task Force FGD Focus Group Discussion ICG International Crisis Group INP Indonesian National Police IPA Indonesian Prison Authority IPAC Institute for Policy Analysis of Conflict JAT Jamaah Ansharut Tauhid JI Jemaah Islamiyah KPK Komisi Pemberantasan Korupsi (Corruption Eradication Commission) KUHP Kitab Undang Undang Hukum Pidana (Indonesian Penal Code) KUHAP Kitab Undang Undang Hukum Acara Pidana (Indonesian Law of Criminal Procedure) LBH Lembaga Bantuan Hukum (Legal Aid Institute) LST Life Skills Training MMDJ Metro Manila District Jail MoRA Ministry of Religious Affairs MoU Memorandum of Understanding
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice ix
MUI Majelis Ulama Indonesia (Indonesia Ulema Council) NBP New Bilibid Prison NGOs Non-Governmental Organisations NII Negara Islam Indonesia (Islamic State of Indonesia) NSW New South Wales OHCHR The Office of the United Nations High Commissioner for Human Rights Perpu Peraturan Pemerintah Penganti Undang-undang (Government Regulation in Lieu of Law) PP Peraturan Pemerintah (Government Regulation) PRAC Prevention, Rehabilitation, and Aftercare R & N Risk and Need RUTAN Rumah Tahanan (Detention Centre) RQ Research Questions SFCG Search for Common Ground SOPs Standart Operating Procedures SPS Singapore Prison Service TPM Tim Pembela Muslim (Muslim Defender Team) UK The United Kingdom UN United Nations UNODC United Nations Office on Drugs and Crime US The United States VERA Violent Extremist Risk Assessment YPP Yayasan Prasasti Perdamaian (Prasasti Perdamaian Foundation)
x An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice Statement of Original Authorship
The work contained in this thesis has not been previously submitted to meet requirements for an award at this or any other higher education institution. To the best of my knowledge and belief, the thesis contains no material previously published or written by another person except where due reference is made.
Signature : QUT Verified Signature
Date : 14 April 2018
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Acknowledgements
First, I wish to express my gratitude to my principal supervisor Professor Reece Walters, who encouraged, guided, and challenged me in conducting the research and in the writing process. His companionship was very remarkable. He made me feel that I could do what was required. I also wish to thank my previous associate supervisor, Professor Geoff Dean, and my recent associate supervisor, Associate Professor Mark Lauchs, who have both supported and encouraged me to complete my research. They always gave me the moral support and confidence to progress towards each milestone in my PhD journey.
My sincere thanks also go to the Ministry of Research and Higher Education of the Republic of Indonesia, the sponsor of my PhD. I thank the Government of Indonesia for entrusting me with the public money. Special thanks to the Faculty of Law at the University of Jember, where I have worked for over twelve years, for supporting me to undertake a PhD degree at QUT. I also would like to thank QUT for awarding me financial assistance in the last semester of my PhD at QUT.
I would like to extend my sincere thanks to the Director General of Corrections of the Republic of Indonesia, I Wayan K Dusak, for support and for giving formal permission to conduct fieldwork in three Indonesian prisons. I also thank Mr Harun, a senior official in the Directorate General of Corrections of the Republic of Indonesia, for his encouragement in conducting research within the Indonesian correctional institutions. In addition, I am very grateful for the help and cooperation from the friendly prison officers when I was conducting my fieldwork. To all the prison officers who participated in this study, I thank you for agreeing to be part of the study.
To my wife, Ni Putu Widita Cahya Dewi Suarda, I appreciate all the love, sacrifice, and companionship you gave me throughout my PhD studies. To my sweeties, I Gede Sadhu Anant Suarda and Ni Kadek Divya Ozy Suarda, who gave me unconditional love and adorable smiles, thank you for making me relax after hard working days. To my parents and my parents-in-law, thank you for always praying for me and for supporting me in the completion of my PhD. Unfortunately, my father-in-law passed away in 2016 after a sudden illness. May you rest in peace. I
xii An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
have also been lucky to have my younger brother and my brother-in-law, who always supported my study.
I would like to thank Dr Leigh Findlay, an accredited editor with the Institute of Professional Editors (IPEd), who provided editing and proofreading services in accordance with the Australian Standards for Editing Practice and the university- endorsed guidelines for editing research theses.
To my friends, Tien Hoang Le, Hope Johnson, Elizabeth Rowe, Huong Van Nguyen, Evan Hamman, Surendran Subramaniam, Hamzah, Walakada Sumanadasa, Alice Witt, Rosalie Gillett, Janani Ganapathi, Yafet, and my other PhD colleagues in G-Block, I wish to thank you all for the friendship and all the fun we have had over the past four years. You are awesome!
Finally, yet importantly, I must thank the Senior Research Services Officers in the QUT Faculty of Law – Leana Sanders, Myra, and Catherine Mackenzie – who gave me much information and advice on administrative matters during my PhD studies.
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Introduction
The concept of terrorist rehabilitation starts from the belief that one is not born a terrorist. A person will go through a process of indoctrination before he is ready to commit violence. During the indoctrination process, one is led to be believe that violence and acts of aggression in the name of religion are permissible. The ideology that is imbibed in his mind needs to be extricated through a process known as rehabilitation. This is especially important when extreme ideology is deeply rooted in the mind of the detainees [Introduction in the book entitled Terrorist Rehabilitation: A New Frontier in Counter- terrorism]. (Gunaratna & Ali, 2015, p. xv)
Since the terrorist attacks on the United States World Trade Center and the Pentagon on 11 September 2001, terrorism related activities have occurred in many parts of the world, resulting in various national and transnational counterterrorism initiatives (Ramraj, Hor, & Roach, 2005). The number of convicted terrorists is reportedly increasing and is estimated to be around 100,000 worldwide. The Middle East, Central Asia and South East Asia report the greatest numbers with large increases in Western Europe (Eckard, 2014; Kruglanski, Gelfand, & Gunaratna, 2010). This research specifically focuses on counterterrorism policies in Indonesia.
Similar to global trends, the number of convicted terrorists in Indonesia is significant. According to the Indonesian National Police (INP) discussion paper entitled Law Enforcement in Indonesia there were 695 terrorist suspects arrested and 519 convicted and imprisoned between 2002 and 20111 (Mabes Polri, 2011). A report published by Search for Common Ground (SFCG), a non-governmental organization with a mission to transform the way the world deals with conflict, identified that Indonesian prisons were holding more than 800 terrorist prisoners between 2003 and 2013 under the management of Indonesia’s Directorate General of Corrections (SFCG, 2013, p. 3).
1 This thesis will shed more recent light on the number of convicted and sentenced terrorist offenders in Indonesia, and on their progress in the prison system.
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Many states have instituted deradicalisation programs to deal with convicted terrorists detained in prisons. The actions of states in response to terrorism involves not only “hard-line” approaches such as military retaliation (Silke, 2003), but also “soft” approaches. Implementing deradicalisation programs for convicted terrorists is an example of an adopted soft approach (Fink & El-Said, 2011; Schmid, 2013). States have developed their own approaches to persuading terrorist inmates to stop engaging in violent activities (QIASS, 2010; Veldhuis & Kessels, 2013).
As the opening quotation attest, rehabilitation has been an approach adopted by the Indonesian authorities. Generally, the programs have two objectives: preventing radicalisation in the prison and reducing violent behaviour of the convicted terrorists (Eckard, 2014, p. 1). As a consequence, prison-based deradicalisation is implemented by prison officers; hence their experiences in implementing programs play a vital role in achieving deradicalisation objectives. In addition to an understanding of the characteristics of terrorist prisoners and the programs themselves, an understanding of prison officers’ perspectives is needed.
In the Indonesian context, although a considerable amount of research, policy and political debate have focused on terrorist prisoners (Hassan, 2007; Jones C. R., 2014; Osman, 2014; Ungerer, 2011; Sarwono, 2013) and deradicalisation programs (Bakti, 2014; Eckard, 2014; Idris & Taufiqurrohman, 2015; Istiqomah, 2012; Johnston, 2009), less attention has been paid to the Indonesian prison officers who are implementing the program at the coalface. Therefore, the prison officers’ perspectives and the implementation contexts should be assessed in more detail. An examination of this aspect of prison-based deradicalisation programs seeks to explore uncharted terrain that may prove invaluable for future policy and practice.
The goal of this thesis is to examine Indonesian prison officers’ experiences in implementing deradicalisation programs for terrorist prisoners. The challenges that Indonesian prison officers face and their views on the establishment of a special prison for convicted terrorists were investigated. To fully understand and appreciate the difficulties and complexities confronting Indonesian prison officers, detailed qualitative methodologies with focus group were deployed.
Focus group discussions (FGD) were conducted in three Indonesian prisons, namely Pasir Putih Nusakambangan Prison, Cipinang Prison, and Surabaya Prison. These prisons were selected because they hold a considerable number of convicted
2 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
terrorists. The participants were Indonesian prison officers who had been working for a minimum of two years for the Indonesian prison service and had the task and responsibility for rehabilitating and/or supervising terrorist prisoners.
This chapter outlines the contextual background of the research (Section 1.1), the research questions (Section 1.2), the objectives (Section 1.3) and the significance of the research (Section 1.4). Section 1.5 describes the conceptual frameworks for the research and Section 1.6 provides a working definition for terminology surrounding terrorist prisoners. Section 1.7 lists the articles from the work presented in this thesis. Finally, Section 1.8 provides an outline of the remaining chapters of the thesis.
1.1 CONTEXTUAL BACKGROUND
Terrorist attacks are a significant threat to global security. Ongoing acts of terrorism in Indonesia indicate that the country is vulnerable to this serious crime. Incidents have occurred in Aceh, Bali, Maluku, Sulawesi, and Sumatra. The first Bali bombing on 12 October 2002 marked a pivotal moment for the development of a criminal justice initiative in Indonesia. The INP subsequently implemented a range of measures to improve detection of, prevention, and enforcement against terrorism (ICG, 2007; Idris & Taufiqurrohman, 2015; Priatmodjo, 2010).
As a result of these proactive policing initiatives, the number of convicted terrorists in Indonesian prisons has increased. Of considerable concern are the cases of recidivism regarding terrorist acts. In a seminar entitled ‘From Radicalisation to Terrorist’, Petrus Reinhard Golose argued that many of the convicted terrorists’ repeated acts of terrorism were involved in radicalising other inmates while imprisoned (Berita Satu, 2012).
However, it remains unclear how and why this recidivism and radicalisation happens in Indonesian prisons. For example, it is not known whether former prisoners who commit terrorism acts after release were radicalised in prison or were acting on established beliefs. Furthermore, it is unclear what supervisory prison models are in place to prevent repeat offending. Such questions raise policy and practical issues for the Indonesian authorities: the specific programs and personal development models to implement in prisons; the ideology or theory that informs the best practice of these models; and how the Indonesian Prison Authority (IPA) evaluates or assesses the success of a model.
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Although the Indonesian Government has launched a deradicalisation program, questions and criticisms have been raised. For example, the International Crisis Group (ICG) recommended that the Indonesian Government accelerate efforts to put in place a system under the Corrections Directorate for identifying and monitoring high-risk detainees, both while in detention and after their release (ICG, 2012, p. ii). The ICG also recommended improving supervision through upgrading the analytical capacity of correction staff (ICG, 2012, p. ii). These recommendations indicate that both the current system and the capacity of officers who are in charge of rehabilitating terrorist prisoners need improvement.
When convicted terrorists Taufik bin Abdul Halim (hereafter referred to as Dani) and Edi Setiono (hereafter Abas) were sent to prison, their incarceration marked the first time that an Indonesian prison attempted the rehabilitation of terrorist prisoners. Dani and Abas had been found guilty by the Central Jakarta District Court as the perpetrators of the Plaza Atrium bombing in August 2001. They were jailed in Cipinang Prison, Jakarta, and lived in the same cell and block with other “ordinary” prisoners (Andrie, 2011).
Indonesia subsequently introduced the Anti-Terrorism Law in 2002, and many criminals have since been convicted as terrorists. Consequently, the number of terrorist inmates has increased sharply. Andrie (2011, p. 6) accurately argues that this was a period when Indonesian prisons faced difficulties in dealing with terrorist prisoners. Moreover, while behind bars, some became “passive” actors in subsequent terror acts. For example, Imam Samudra, a terrorist convicted after the first Bali bombing, was found to be a passive actor in the second Bali bombing. Communication between Noordin M. Top – the intellectual leader behind the attacks – and Imam Samudra occurred when Samudra was imprisoned in Kerobokan Prison. These issues faced by Indonesian prisons require investigation.
Following the increasing number of convicted terrorists entering Indonesian prisons, some prison directors began implementing specifically targeted deradicalisation programs for terrorist inmates. Although Indonesian authorities and journalists have frequently reported the success of such programs, their effectiveness has been questioned (Nurezki, 2013). The case of Abdullah Sonata is an example of the failure of Indonesia’s deradicalisation program to deradicalise terrorist prisoners. After his release in 2009, he was involved in a terror attack; one of the targets was
4 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
the former Indonesian president, Susilo Bambang Yudhoyono (Istiqomah, 2012, p. 267). There are also other cases of convicted terrorists returning to their group after release and being involved in further terror attacks. To cope with this problem, the Indonesian Government has now established a special prison for terrorist prisoners in Bogor, West Java.
To explore the effectiveness of deradicalisation programs for convicted terrorists in the Indonesian context, this study advances the hypothesis that deradicalisation programs will be effective if supported by well-trained prison officers who implement the program. Moreover, this study argues that prison officers play a vital role in rehabilitating terrorist prisoners. Nurezki (2013, p. 74) stated that Indonesian prison officers are “the main implementers” of deradicalisation programs behind bars, rather than other officers from other agencies. Therefore, understanding, uncovering and evaluating prison officers’ experiences are essential because the findings can be used to develop strategies to improve the role of Indonesian prison officers in supporting rehabilitation programs for convicted terrorists. Prison officers’ challenges in implementing the program and their perspectives on the establishment of a special prison for terrorist prisoners were examined.
Research focused on the topic of Indonesia’s prison-based deradicalisation program have been widely reported in the literature (Eckard, 2014; ICG, 2007; Istiqomah, 2012; Johnston, 2009; Neumann, 2010; Nurezki, 2013). Empirical qualitative studies that focus on convicted terrorists in Indonesian prisons are also available (Andrie, 2011; Osman, 2014; Sukabdi, 2015; Ungerer, 2011; Sarwono, 2013). However, empirical qualitative studies on Indonesian prison officers’ experiences and perspectives related to the implementation of the program and policy are lacking. Also lacking are studies that examine the prison-based deradicalisation program from prison officers’ point of view. Further, the challenges that the officers face and their views on the establishment of a special prison for convicted terrorist are often ignored.
Although several studies (ICG, 2007; Istiqomah, 2012; SFCG, 2013) report interviews with Indonesian prison officers, the focus is not the prison officers’ experience of and perspectives about the deradicalisation program and policy. The studies mainly concern how Indonesian prisons have managed terrorist prisoners and the “external” factors affecting Indonesian prison officers in managing convicted
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terrorists. To produce further insight into this phenomenon, the focus of this study was how officers experience the challenges of implementing the program, and their views on the establishment of a special prison for terrorist prisoners in Indonesia. Hence, this study examined the “internal” factors relevant to the management of convicted terrorists by Indonesian prison officers.
1.2 RESEARCH QUESTIONS
In order to address the above issues, this study was guided by three research questions. First, what are the challenges for Indonesian prison officers in implementing deradicalisation programs for convicted terrorists? Indonesia has no national policy specifically focused on prison-based deradicalisation programs. Policies are designed locally by the prison directors based on their capability and experience and are tailored to context-specific programs. Thus, uncovering the challenges for the prison officers in implementing deradicalisation programs for terrorist prisoners is worthwhile. The findings extend the body of literature on prison-based deradicalisation programs to encompass prison officers’ points of view.
Second, what are Indonesian prison officers’ views on the establishment of a special prison for convicted terrorists in Indonesia? There are no studies addressing Indonesian prison officers’ perspectives in this context. Again, the findings extend the body of literature on prison-based deradicalisation programs to encompass prison officers’ points of view. Moreover, the Indonesian government has now established a special prison for convicted terrorists in Sentul, Bogor, in West Java. As mentioned in the previous section, an understanding of prison officers’ views is imperative for formulating future policy regarding the existence of special prisons for terrorist inmates in the Indonesian correctional system.
Third, what strategies can be used to improve the role of Indonesian prison officers in implementing prison-based deradicalisation programs? Previous empirical data, analyses and discussions were used simultaneously to examine this question. In addition, data from primary and secondary legal materials and from non-legal materials was also be used. These collected data were integrated and analysed to identify the strategies that can be used to improve the role of Indonesian prison officers in the implementation of prison-based deradicalisation programs.
6 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
1.3 OBJECTIVES OF THE RESEARCH
This research examines the experiences and perspectives of Indonesian prison officers regarding prison-based deradicalisation programs and policy concerning such programs in the Indonesian context. In line with the research questions, the objectives of this study were specifically:
1. To investigate Indonesian prison officers’ challenges in implementing prison-based deradicalisation programs.
2. To analyse Indonesian prison officers’ views related to the establishment of a special prison for convicted terrorists in Indonesia.
3. To examine and assess strategies to improve the role of Indonesian prison officers in the implementation of deradicalisation programs.
1.4 SIGNIFICANCE OF THE RESEARCH
This research makes a novel contribution to counterterrorism studies and to criminal justice policy and practice by investigating and examining Indonesian prison officers’ experiences of implementing prison-based deradicalisation programs. More specifically, the study extends the body of knowledge around prison-based deradicalisation programs in the Indonesian context. Indonesian prison officers’ perspectives regarding deradicalisation programs for terrorist inmates were thoroughly investigated. From my review, the focus of the previous studies is the program and the inmates. In contrast, there is a lack of qualitative studies that focus on prison officers’ experiences in implementing programs. The programs were assessed but the end-users of the program were not. Therefore, the results of this study advance the discussion of prison-based deradicalisation program from the viewpoint of Indonesian prison officers’ experiences and may contribute to future policies and reforms.
Moreover, discourses surrounding the establishment of specialist prisons for terrorist inmates arise among both academics and policy makers. The pros and cons of this issue are commonly debated in Indonesia. However, the perspectives of prison officers, as previously mentioned, are not available in the existing literature, including whether they agree or disagree with this proposal. The findings on prison officers’ perspectives on the establishment of a special prison for convicted terrorists
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will contribute to the fields of criminology, criminal justice studies, and correctional science.
In addition, this study will contribute practically to the Indonesian authorities. By revealing and exploring prison officers’ challenges in implementing deradicalisation programs, implementation weaknesses and challenges can be identified and reviewed. These findings are valuable resources in order to investigate strategies to improve the role of Indonesian prison officers in the implementation of Indonesia’s prison-based deradicalisation programs, and to prevent of the spread of radical beliefs from terrorist inmates to prison officers.
1.5 CONCEPTUAL FRAMEWORKS
Indonesian scholars, including government authorities, have stated that rehabilitation is “one aspect of deradicalisation process” (Idris & Taufiqurrohman, 2015, p. 72). According to Bakti (2014, p. 189), prison-based deradicalisation programs in Indonesia include several processes or stages: identification, rehabilitation, re-education, resocialisation, monitoring, and evaluation.
Conceptually, this indicates that rehabilitation is viewed from a “micro” perspective. Rehabilitation is used for a specific type of offender and is applied to a specific program. It is seen as a treatment for special populations (Burkhead, 2007; Cropsey, Wexler, Taxman, & Young, 2007). A practical example includes the treatment programs for sex offenders (Mullins, 2010, p. 176). On the other hand, a “macro” perspective of rehabilitation means that the concept of rehabilitation is not just intended to refer to a specific type of offender. It implies a broader scope related to the effort for the treatment of all types of offenders. Therefore, a macro perspective of rehabilitation views rehabilitation as a “major goal of the correctional system”, as concluded by Cullen and Gilbert (2013, p. 155). In studies by other criminologists (Cullen & Gilbert, 2013; Cullen, Skovron, Scott, & Burton, 1990; Cullen, Lutze, Link, & Wolfe, 1989; Gendreau, 1996), a macro perspective of rehabilitation has also been adopted. Rehabilitation is viewed as a core of correctional goal, regardless of the type of the crime that have been committed by the offenders.
From this view point, a macro perspective of rehabilitation is deployed in this research. Furthermore, by deploying this perspective, the linkage between the
8 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
terminology of rehabilitation and deradicalisation is determined. From a macro perspective of rehabilitation, deradicalisation programs for convicted terrorists in Indonesia are viewed as part of rehabilitation program for all prison populations currently administered by the Indonesian prison authorities. Therefore, rehabilitation is broader than deradicalisation.
However, the terms “terrorist rehabilitation” and “terrorist deradicalisation” are used interchangeably in this research because, as explained by Fink and El-Said (2011, p. 3), “the programs aim for a combination of deradicalization and rehabilitation, and their target objective is to reduce the risk of violent activity”. In the existing studies, these terms are also often used interchangeably (QIASS, 2010; Ranstorp, 2009; Schmid, 2013; Veldhuis & Kessels, 2013).
In addition to rehabilitation and deradicalisation, “disengagement” is another concept in the literature surrounding the management of convicted terrorists. Then the question is how to situate the concept of disengagement in this framework. Some scholars have argued that the processes of deradicalisation and disengagement from terrorism should be distinguished (Horgan, 2008; Horgan & Braddock, 2010). The main reason behind this analysis is ambiguity in the outcomes of deradicalisation initiatives. For example, Horgan (2008, p. 8) concluded that “there is no evidence to suggest that disengagement from terrorism may result in deradicalisation”. On the other hand, a different perspective is proposed by Kruglanski et al. (2011, p. 136), who argue that disengagement is “a crucial element of deradicalisation”. These authors defined deradicalisation as “a change in people’s attitudes and beliefs entailed in the terrorism-justifying ideology” (Kruglanski, Gelfand, & Gunaratna, 2011, p. 136). In this sense, the distinction between deradicalisation and disengagement has not been rigidly applied and is open to fluid interpretation.
For the purpose of this research, I applied a conceptual framework in which disengagement is a part of deradicalisation, as conceptualised by Kruglanski et al (2011). Furthermore, both disengagement and deradicalisation are part of a rehabilitation program for terrorist inmates, as illustrated in the Figure 1.1. In other words, rehabilitation is broader than either deradicalisation or disengagement.
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 9
Figure 1.1 The Relationship between Rehabilitation, Deradicalisation, and Disengagement in the Context of Terrorist Inmates
Disengagement
Deradicalisation
Rehabilitation
In addition to the concepts discussed above, it is essential to acknowledge that there are further discourses related to the study of terrorism. The most relevant to this study are the concepts of counter-radicalisation and counterterrorism. For the purposes of this study, the differentiation between counter-radicalisation and counterterrorism follows that of El-Said (2015), who concluded that the key point of differentiation between these two approaches is based on the target. Counter- radicalisation policies target wider communities, including youth and women, while counterterrorism targets terrorists (El-Said, 2015, p. 10). From this perspective, the concepts of disengagement, deradicalisation, and rehabilitation of terrorist inmates are part of counterterrorism initiatives. According to Iqbal (2015), disengagement, deradicalisation, and rehabilitation are important parts of counterterrorism narratives and accompanying policies. Furthermore, regarding the relationships among disengagement, deradicalisation, and rehabilitation in the context of terrorist inmates as shown in Figure 1.1, counterterrorism could be presented by a “fourth” ring outside rehabilitation. A fifth outer ring would represent counter-radicalisation initiatives, because their focus is not exclusively terrorists but also communities, as can be seen in Figure 1.2.
10 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
Figure 1.2 The Relationship of Counterterrorism and Counter-radicalisation Initiatives with the Concepts of Disengagement, Deradicalisation, and Rehabilitation
Disengagement
Deradicalisation
Rehabilitation
Counterterrorism
Counter- radicalisation
1.6 TERRORIST PRISONERS: A WORKING DEFINITION
The terminology of “terrorist prisoners” should be clarified for the purpose of this study. A clear working definition of terrorist prisoners is important in order to differentiate this study from other studies within the research on terrorism. Who are terrorist prisoners and why they are labelled as such should be identified. Moreover, as the topic of this study is a part of the research on terrorism, the debate about how to define terrorism should also be discussed.
A significant, widespread, and disparate effort to define or redefine terrorism occurred in most countries after the “9/11” attack (Young, 2006, p. 70). Some countries such as The Netherlands and the United Kingdom (UK) amended their penal code or enacted special terrorism laws and formally defined terrorism in their legal system. For example, in June 2004, through the Act of 24, the Dutch Criminal Code and some other laws connected with terrorist crimes (e.g. Crimes of Terrorism Act) were amended by the Dutch Government (UNODC, 2014), while the UK Government enacted the Terrorism Act 2000 (The UK, 2000).
Other countries in Europe have also defined terrorism within their national legislation, including the Czech Republic, Denmark, France, Germany, Italy, Poland,
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 11
Portugal, Spain, and Sweden (European Commission Sixth Framework Programme Project, 2008). The United States of America (USA), India, New Zealand, Australia and Canada have also tried to define terrorism through their anti-terrorism laws (Roach, 2007; Young, 2006). In Indonesia, terrorism has been stated and limited in anti-terrorism law since 2002. In Australia, the first national anti-terrorism laws was also enacted in 2002; a definition of terrorist act was inserted into the Criminal Code Act 1995 (Lynch, McGarrity, & Williams, 2015, p. 15; Schloenhardt, 2011, p. 400).
The efforts of these countries to state a definition of terrorism in their legal system is crucial because this definition is then applied in determining “whether a violent incident is an act of terrorism” (Martin, 2014, p. 7). Regardless of the definitional debate, it is important for countries to have a legal definition of terrorism acts, because terrorist attacks occurred worldwide, including in Europe, Asia, and Africa. In the case of bombing attacks, for example, anti-terrorism laws can be used to prosecute and convict both those who conduct the attacks and those who work “behind the scene”.
However, the ongoing debate about the definition of terrorism should be noted. This issue has been recognised by many scholars in the field (Aly, 2011, p. 4; Lutz & Lutz, 2011, pp. 1-2; Martin, 2014, p. 41; Richards, 2014), and Ganor (2002, p. 287) stated that “one man’s terrorist is another man’s freedom fighter”. In his publication in 2014, Gottlieb (2014, p. 1) asserted that agreement among experts will never be reached on the definition of terrorism. Moreover, Mahan and Griset (2013, p. 3) concluded that a personal perspective is included in establishing a precise definition of terrorism, and thus a general agreement on the definition will not likely be achieved. Thus, a universal definition of terrorism remains an ongoing debate.
Although Schmid also acknowledged a definitional problem for terrorism, he argues that efforts should be made to achieve a “good enough” definition of terrorism (Schmid, 2011, p. 4). In order to achieve a good enough definition of terrorism, Easson and Schmid (2011) compiled more than 250 academic, governmental, and intergovernmental definitions of terrorism. Based on this compilation, Schmid then proposed a revised “academic consensus definition of terrorism” (ACDT) for his work with Jongman in 1983 and 1988 (Schmid, 2011, pp. 86-87).
Equally perplexing as finding a common and global definition for terrorism is the struggle to define a terrorist. These terms (terrorism and terrorist), can generally
12 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
be differentiated as an act and an actor: terrorism is the act and a terrorist is the actor. As a result, those who commit terrorism acts could be defined as terrorists. But, as has been established, the problem is the lack of a universal definition of terrorism.
Establishing a definition for terrorist prisoners seems more easily accepted by the international community since there is no definitional debate about the term “prisoners”, either in the academic arena or on a practical level. At the international level, for example, the Standard Minimum Rules for the Treatment of Prisoners is widely accepted as universal guidance for the countries on the treatment of prisoners and the management of institutions (Clifford, et al., 1972; Skoler, 1975; OHCHR). The definition of prisoner can be found easily in general dictionaries such as the Oxford Dictionary and the Merriam-Webster Dictionary. In the online Oxford Dictionary, a “prisoner” is defined as a person legally committed to prison as punishment for a crime or while awaiting trial. Similarly, in the online Merriam- Webster Dictionary, a “prisoner” is described as a person who is kept in a prison or a person who has been captured and is being kept somewhere.
For the purposes of this study, the definition of prisoner will follow the definition in the Oxford Dictionary as a person legally committed to prison as punishment for a crime. Although “conviction under terrorist legislation is not a primary manner of identification” (Silke, 2011, p. 123), the term “terrorist prisoner” in this study will be limited to a person legally committed to prison as punishment for a terrorism crime under state anti-terrorism laws. In other words, a terrorist prisoner refers to someone who is convicted by the Court for terrorism acts under a country’s anti-terrorism laws, and consequently lives in prison or jail, whether for a short or a long time, or even for life.
In this sense, the term “terrorist prisoners” does not include those who are categorised as “suspected terrorists” or those who are being interrogated by police departments, those who are awaiting trial or are in the trial sessions, or even those with the status of fugitive because of acts of terrorism. Thus, this thesis focuses solely on convicted terrorists. Until a guilty verdict is stated by the court and the person is sentenced to imprisonment for terrorism acts, the person is not categorised as a terrorist prisoner.
In addition, because the term prisoner is similar to others such as “convicted”, “convict”, and “inmate”, these terms will be used interchangeably in this thesis. That
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 13
is, throughout this thesis the terms “terrorist inmate” and ‘terrorist convict’ are used interchangeably with “terrorist prisoners”. The term “convicted terrorist” also has the same meaning as is “terrorist prisoner”.
1.7 PUBLICATIONS
I have published and disseminated the following articles from the work presented in this thesis:
1. Suarda, I Gede Widhiana (2016). A Literature Review on Indonesia’s Deradicalization Program for Terrorist Prisoners. Jurnal Mimbar Hukum, 28(3), pp. 526-543 (Suarda, 2016).
2. Suarda, I Gede Widhiana (2015). Terrorism and Terrorist Prisoners in Indonesia. Asian Criminological Society 7th Annual Conference on Criminology and Criminal Justice in a Changing World: Contributions from Asia (p. 86). Hong Kong: Asian Criminological Society (Suarda, 2015).
1.8 THESIS STRUCTURE AND CHAPTER OUTLINE
This thesis is comprised into eight chapters. Each chapter has a specific purpose. However, they are related in terms of the objectives of the study, the methodology, the findings and the discussion.
Chapter 1 provides an overall background for the study. It revolves around the context of the research, the research questions, the objectives of the research, and the significance of the research. Furthermore, the conceptual frameworks deployed in this study, a working definition for the term “terrorist prisoner” and the list of my publications are also briefly provided.
Chapter 2 reviews current literature on Indonesia’s prison-based deradicalisation programs. The literature surrounding the issue of Indonesia’s prison- based deradicalisation programs is thoroughly investigated and research on this topic is substantively evaluated. As a result, a research gap in the topic of Indonesia’s prison-based deradicalisation program is identified.
Chapter 3 details the research methodology applied in this study. It discusses the use of particular research methods for qualitative social research and legal research. The methods are used because the set of research questions in this study
14 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
must be addressed by different methods. The chapter then also describes ethical concerns for conducting fieldwork within the prison environment in Indonesia, as well as the scope and limitations of this study.
Chapter 4 discusses fundamental matters relating to the two existing Indonesian laws relevant to this study, Indonesia’s Anti-terrorism Laws and Anti- terrorism Financing Law. Further, the relationship between these laws and the prison-based deradicalisation programs being implemented by the Indonesian prison authorities is presented.
Chapter 5 investigates how Indonesian prison officers experience the rehabilitation of terrorists. Based on the officers’ first hand experiences in implementing prison-based deradicalisation programs, I specifically discuss the challenges facing Indonesian prison officers in their role in rehabilitating terrorist inmates. The discussion includes an analysis of the reasons behind the beliefs about such challenges experienced by the prison officers.
Chapter 6 moves further that analyses Indonesian prison officers’ views about the establishment of a special prison for convicted terrorists in Indonesia. In this chapter, I explore the perspectives, ideas, and opinions of the officers surrounding the government initiative to establish a specialised terrorist prison in the Indonesian correctional system.
Chapter 7 examines and assesses strategies to improve the role of Indonesian prison officers in the implementation of deradicalisation programs. The first half of the chapter examines the practical need of Indonesian prison officers to rehabilitate terrorist inmates. To validate the need, the previous findings and analysis about the challenges faced by the Indonesian prison officers in the task of terrorist rehabilitation are revisited. The second half of the chapter assesses strategies that could be used to improve the officers’ role in deradicalisation. It recognises the frameworks of policy and legal reform research that are applied on the study of law.
Chapter 8, the final chapter, comprises two sections. In the first section, I summarise the research and the main findings of this study. The second section offers recommendations: practical recommendations for the Government of Indonesia and suggestions for future research.
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Literature Review
While criminologists have talked about rehabilitation of criminals for decades, the idea of specific rehabilitation programs designed for terrorists is a new idea. What is even newer is the widespread understanding of their importance. (Stone, 2015, p. 223)
The issue of terrorist prisoners has been studied worldwide within the rising issue of radicalisation during incarceration (Useem & Clayton, 2009, p. 561). The amount of cross-disciplinary academic writing on terrorist prisoners has increased substantially in recent years (Jackson, Smyth, & and Gunning, 2009, p. 4). Therefore, an understanding of previous research is important to justify that this study asks new questions and provide innovative insights.
The literature surrounding the issue of Indonesia’s prison-based deradicalisation program is thoroughly investigated in this chapter. Terrorism, terrorist prisoners, and prison-based deradicalisation programs in the Indonesian context are explored. Previous research on Indonesia’s prison-based deradicalisation program is substantively evaluated. As a result, a research gap on the topic of Indonesia’s prison-based deradicalisation program is identified. Finally, the implications of this study for the existing field of science are also presented.
2.1 TERRORISM IN INDONESIA: INCIDENTS, NETWORKS, AND FUTURE THREATS
Bomb attacks in Indonesia began in 2000 with the targeting of churches, followed by several suicide bombings up to and including 2005. Based on the number of victims and international impacts, the most notorious attacks were the first Bali bombing in 2002, the first Marriot Hotel bombing in Jakarta in 2003, the bombing of the Australian Embassy in 2004, and the second Bali bombing in 2005 (Sarwono, 2012, p. 75). Because of subsequent investigations, in November 2005 the Indonesian National Police (INP) killed one of the most important masterminds behind these bombing attacks, Dr Azahari Husin.
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Between 2005 and 2009, bomb attacks were controlled successfully by the INP, and Indonesia experienced no bombing incidents during this period (Sarwono, 2012, p. 76). The effectiveness of the INP in preventing attacks from 2005 to 2009 was the result of improved investigation, with a focus on prevention. Hence, the Jemaah Islamiyah (JI) cells were dismantled, and some future attacks were prevented. Interestingly, the investigation’s processes were also supported by Nasir bin Abas, “the former head of JI’s Mantiqi III and head of military training in the Southern Philippines who became disillusioned with the al-Qaeda campaign of terror against soft Western targets” (Abuza, 2009, p. 198). His role remains vital because he provides valuable information for police investigations of JI and its operations.
However, in 2009, bombs exploded at the J.W. Marriott Hotel and the Ritz Carlton Hotel in Jakarta. The bombing at the J.W. Marriott Hotel was the second at that location, following an earlier attack in 2004. Several perpetrators were identified, including Indonesia’s most wanted Islamist militant, Noordin M. Top. The authorities claimed that he was the mastermind behind the attack (BBC, 2009). Noordin was a fugitive after several bombing attacks, until the INP killed him in a shoot-out during a raid in Central Java in September 2009. However, although Noordin and Dr Azahari Husin had been killed, Indonesia was not become secure from the threat of terrorism. Sydney Jones stated that:
It’s a major success for the police but it doesn’t mean, unfortunately, that the problem of terrorism is over. It’s still unclear how many people were in Noordin’s group and there are a number of fugitives still at large who have at least the potential to replace him as the leader of an al Qaeda-like organization. (Reuters, 2009, paragraph 7)
Attacks have still occurred since 2009, but with a shift in both the methods and the targets. The perpetrators have not only used bombs as a strategy to attack the targets, but have also used firearms. Moreover, the attackers are not only focused on Western targets, but also on local ones. Heiduk noted that “Indonesian officials and government institutions have increasingly become targets” (Heiduk, 2012, p. 33). A failed bomb plot to assassinate former President Yudhoyono in 2010 is an example of this change in strategy. The plot was uncovered by police surveillance and two
18 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
bomb-makers were killed during the subsequent raid. As another example, Hamparan Perak police station in Sumatera Utara province was attacked and destroyed by several people with firearms in 2010, killing three police officers (BBC Indonesia, 2010). Since this incident, several other police stations have been attacked by terrorists and more police officers shot and killed. In March, June, and August 2014, for instance, former Indonesian Police Chief General Sutarman declared that three police officers who died in Bima were shot by terrorists (Merdeka.com, 2014).
Rather than attacking Western targets, therefore, evidence suggests that one of the main trends in terrorism in Indonesia since 2009 has been attacking the police (either by shooting police officers or destroying police stations). Another important trend to emerge during this period has been attacks on the public, regardless of whether they are of Muslim or other faiths. In April 2011, for example, there was a bomb attack on a mosque in the Cirebon police station complex, as well as a planned attack on the Christ Cathedral Church that was prevented by police. Later, in August 2013, the Vihara Ekayana Buddhist Centre in Jakarta was also the target of bombing attacks (Kompas.com, 2013a). To summarise, since 2009 the terrorists have changed from attacking mostly Western targets to attacking specific targets such as police stations, churches, viharas (Buddhist temples), and even mosques. The finding of a list of viharas located in and around Jakarta that was printed by suspected terrorists (who were arrested in Jakarta and East Java in January 2014) indicates that targets are random.
The majority of people assume that JI is behind the bomb attacks in Indonesia, particularly the incidents from 2000 to 2005. Sarwono states that during this period the perpetrators were JI members. JI was established in 1993 by Abdullah Sungkar and Abu Bakar Ba’asyir (Sarwono, 2012, p. 78; Ramakrishna, 2015, p. 184). This group has a relationship with al Qaeda, indicated by the programs of Abdullah Sungkar and Abu Bakar Ba’asyir sending the Bali bombers group to “pre-jihad training” on the border of Afghanistan and Pakistan, and to jihad fronts in Afghanistan, the Philippines, Ambon, and Poso (Sunarko, 2006, p. 127). JI also has close links to other Islamist Militant groups throughout South East Asia, such as the Abu Sayyaf Group (ASG) in the Philippines (Arianti, 2012, p. 9; Jones & Morales, 2012, p. 213). Importantly, the main goal of JI is to establish a pan-Islamic country in
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 19
South East Asia (Jackson, Jarvis, Gunning, & Smyth, 2011, p. 161; Jones & Morales, 2012, p. 214; Pusponegoro, 2003, p. 103).
In relation to the types of terrorist target, it could be argued that terrorism in Indonesia is religiously motivated because JI pursue the replacement of the established government with an Islamic government. Furthermore, JI is striving for the creation of a pan-Islamic government in Indonesia despite the opposition of the majority of Indonesian Muslims to this idea.
Classification of terrorism varies across the emerging literature in the fields of sociology, criminology, and peace studies. Martin (2010, p. 46), for instance, divides terrorism into five categories: state terrorism, dissident terrorism, criminal terrorism, international terrorism, and religious terrorism. State terrorism (terrorism “from above”) is terrorism committed by established governments against their perceived enemies, either internationally or nationally, while dissident terrorism (terrorism “from below”) is terrorism committed by various non-governmental actors against governments, specific groups, or other perceived enemies (Martin, 2010, p. 46). Criminal terrorism is terrorism in which the goal is financial or political gain, or both, whereas international terrorism is terrorism in which the goal is a global effect, or the target is an international symbol (Martin, 2010, p. 46). Religious terrorism is “terrorism motivated by an absolute belief that an otherworldly power has sanctioned – and commanded – the application of terrorist violence for the greater glory of faith” (Martin, 2010, p. 46).
However, critical scholars of criminology state that categorising terrorism can be more of an obstacle than an aid to rigorous research, although they also argue that attempts to categorise terrorism can be beneficial in gaining understanding of this phenomenon (Jackson, Jarvis, Gunning, & Smyth, 2011, p. 171). Therefore, categorising the acts of terrorism in Indonesia into a specific typology may lead to a better understanding of the problems. Based on both the current situation, and the body of literature and empirical research, the acts of terrorism in Indonesia can be categorised as religious terrorism according to the above definition. For instance, Martin identified Laskar Jihad, an armed Islamic group in Indonesia, as a religious terrorist group, along with Aum Shinrikyo, Lord’s Resistance Army, Palestine Islamic Jihad, Hamas, Al Qaeda, Abu Sayyaf, Jammu-Kashmir groups, Sikh groups, and Algerian/North African cells (Martin, 2014, p. 156).
20 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
According to Gregg (2014, p. 40), religious terrorism can be divided into three subcategories based on their goals: “fomenting the apocalypse, creating a religious government, and religiously cleansing a state”. Because the goal is to establish an Islamic government in Indonesia, JI’s intention identifies them as an example of the second subcategory.
On the other hand, Singh (2004, p. 65) has warned that blaming incidents only on JI is not accurate because “there are many regionally-based terrorists groups that have nothing to do with the JI”. Related to this statement, a report by Ansyaad Mbai, the former Head of the Indonesian National Anti-terrorism Agency (Badan Nasional Penanggulangan Terorisme – [BNPT]), offers support for Singh’s view. Furthermore, Ansyaad Mbai stated that there are various concentrations of terrorist groups in Indonesia, including Qoidah Aminah in North Sumatera and Aceh, Mujahid Indonesia Barat in Lampung and Java, Islamic State for Indonesia (Negara Islam Indonesia – [NII]) in South Kalimantan and Tasikmalaya, Mujahid Indonesia Timur in Poso; Asmar in Sulawesi, Walid group in Ambon, Jamaah Ansharut Tauhid (JAT) in Bali, Bima networks in West Nusa Tenggara, and the Solo networking group (Tempo.co, 2014). These groups demonstrate the widespread nature of new terrorist cells and their networks in Indonesia, whether they have links to JI or not.
This situation indicates that Indonesia remains under threat of terrorism in the future. Even though a study has concluded that “Indonesia is the least risky, least volatile, and most resilient” (White, Porter, & Mazerolle, 2013, p. 315) when compared with the Philippines and Thailand, many experts (ICG, 2012, p. 24; Sarwono, 2012, p. 84; Ungerer, 2011, p. 17) predict that terrorist attacks will likely occur in Indonesia in the future. It does mean that terrorist attacks may still occur in Indonesia in the future, despite greater risk elsewhere in the region.
2.2 TERRORIST INMATES IN INDONESIAN PRISONS: FACTS AND FIGURES
Data concerning the exact number of convicted terrorists in Indonesian prisons vary between reports and articles. Some reports (Abuza, 2009, p. 198; Horgan & Braddock, 2010, p. 274) estimate that more than 300 individuals were sent to prison by 2007, while Ungerer (2011, p. 11) suggests that around two-thirds of nearly 600 suspects were convicted between 2000 and 2010. Similarly, the IRIN reported that 600 of 830 individuals were sentenced for conducting acts of terrorism in the decade
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 21
2002 – 2012 (IRIN, 2012). Notwithstanding the different timeframes, the inconsistent data reported in these sources is confusing.
More accurate data about the number of terrorist convicts can be seen on the official website of the Directorate General of Corrections, Republic of Indonesia (Direktorat Jenderal Pemasyarakatan Republik Indonesia – [Ditjenpas RI]). In this official government database, the number of terrorist prisoners was first established in 2011. The number of terrorist prisoners in the years 2011 – 2017 is given as 109 (Ditjenpas RI, 2011), 204 (Ditjenpas RI, 2012), 276 (Ditjenpas RI, 2013a), 277 (Ditjenpas RI, 2014a), 216 (Ditjenpas RI, 2015a), 205 (Ditjenpas RI, 2016a) and 224 (Ditjenpas RI, 2017), respectively. The data show that by August 2013 the number of terrorist inmates had increased to nearly three times the number in August 2011. Although the number of terrorist inmates remained steady in 2014, the number fell sharply from 277 in 2014 to 216 in 2015, and then remained fairly steady in the following two years. Overall, the number of terrorist prisoners in Indonesia has been above 200 since 2012, as illustrated in Figure 2.1 below.
Figure 2.1 The Number of Terrorist Prisoners in Indonesia (2011 - 2017)
300
250
200
150
100
50
0 2011 2012 2013 2014 2015 2016 2017
These prisoners are not isolated in one or two special prisons, but are dispersed among several prisons across the provinces. By August 2015, the data show that 216 convicted terrorists were dispersed among 33 prisons and detention centres
22 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
throughout the islands, as presented in Table 2.1.2 Pasir Putih Nusakambangan Prison holds the largest concentration of terrorist inmates (37), followed by Cipinang Prison (23). The fewest inmates are held in Medan Prison, Palembang Prison, Banda Aceh Prison, Magelang Prison, Kuningan Prison, Garut Prison, Ciamis Prison, Cianjur Prison, Indramayu Prison, Wonosobo Detention Center, Sanggan Detention Center and Tanggerang Women’s Prison, all of which hold only one terrorist prisoner. Additionally, the data indicate that there is only one female terrorist held in Indonesian jails.
Table 2.1 The Distribution of Terrorist Prisoners in Indonesian Prisons and Detention Centres
No. Prison/Detention Centre Province Terrorist prisoners 1 Batu Nusakambangan Prison Central Java 19 2 Cipinang Prison Jakarta 23 3 Cirebon Prison West Java 11 4 Madiun Prison East Java 2 5 Medan Prison North Sumatera 1 6 Palembang Prison South Sumatera 1 7 Semarang Prison Central Java 18 8 Surabaya Prison East Java 12 9 Tangerang Prison Banten 13 10 Banda Aceh Prison Aceh 1 11 Besi Nusakambangan Prison Central Java 4 12 Cibinong Prison West Java 19 13 Karawang Prison West Java 4 14 Kediri Prison East Java 2 15 Kembang Kuning Nusakambangan Prison Central Java 10 16 Magelang Prison Central Java 1 17 Palu Prison Central Sulawesi 2
2 Since the fieldwork was conducted at the end of 2015, I used the data of terrorist inmates as reported by August 2015 in considering the research sites for conducting the focus group discussions with Indonesian prison officers. This consideration is further discussed in Chapter 3 (Research Design).
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 23
18 Pamekasan Prison East Java 7 19 Pasir Putih Nusakambangan Prison Central Java 37 20 Permisan Nusakambangan Prison Central Java 10 21 Salemba Prison Jakarta 5 22 Kuningan Prison West Java 1 23 Subang Prison West Java 2 24 Garut Prison West Java 1 25 Ciamis Prison West Java 1 26 Cianjur Prison West Java 1 27 Indramayu Prison West Java 1 28 Lumajang Prison East Java 2 29 Cipinang Detention Centre Jakarta 2 30 Wonosobo Detention Centre Central Java 1 31 Jepara Detention Centre Central Java 9 32 Sanggan Detention Centre West Kalimantan 1 33 Tangerang Women’s Prison Banten 1 Total 216
Source: Ditjenpas (2015b)
Compared with the total number of convicted prisoners under the charge of special criminal acts in Indonesian prisons, Table 2.1 indicates that the number of terrorist prisoners is small. Specifically, of 74,449 prisoners convicted of special criminal acts by August 2015, the number of terrorist prisoners was only 216 (Ditjenpas RI, 2015b). Therefore, the percentage of prisoners convicted of terrorist offences is less than 1 percent of the total number of prisoners held under special criminal acts. Table 2.2 shows the number of other types of prisoners convicted under special criminal acts by August 2015 (Ditjenpas RI, 2015b).
24 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
Table 2.2 The Number of Prisoners Convicted under Special Criminal Acts by August 2015
Type of Crime The Number of Prisoner Corruption 4,387 Drugs and Narcotics - Dealers 42,053 Drugs and Narcotics - Users 26,220 Illegal Logging 1,142 Human Trafficking 319 Money Laundering 110 Genocide 2
Source: Ditjenpas (2015b)
These facts and figures for convicted terrorists are similar to the trends in other countries. For example, The Netherlands held only five terrorist prisoners in 2010 (Neumann, 2010, pp. 17-18), while Australia held 21 convicted terrorists in 2011 (Porter & Kebbel, 2011, p. 212), and Canada held 18 convicted terrorists in 2015 (Monaghan, 2015, p. 385). Despite these relatively small totals, Silke (2014, p. 3) argues that “when such prisoners do start to appear in the prison system their impact can be out of all proportion to their number”, a concern that raises the issue of recruitment and radicalisation of “ordinary” prisoners. Similarly, with regard to suspected terrorists, Walen (2011, p. 872) has argued that “they are predicted to pose a threat larger than that of almost all other criminals”.
In addition, although Indonesian officials claim that many convicted terrorists repeat acts of terrorism, as highlighted in the introduction, a firm official number of recidivism cases for acts of terrorism has not been provided, including on the official website of the DGC. This lack of clarity has been underlined by C. R. Jones (2014, p. 87) and Ungerer (2011, p. 17).
2.3 THE NATURE OF INDONESIA’S DE-RADICALISATION PROGRAM FOR TERRORIST PRISONERS
Terrorist prisoners are not the same as other criminals (Goldman, 2014, p. 48). Rather, they are special because this type of prisoner carries an ideology (Gunaratna, 2011, p. 67). A review conducted by Pressman and Flockton (2014, pp. 123-125)
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 25
confirmed that there are significant differences between terrorists, violent extremists, and non-ideologically motivated violent offenders.
Pressman and Flockton (2014, p. 124) pointed out that although terrorists and violent extremists both use violence to further political, religious, and ideological aims, the acts of violent extremists commonly have no “intention to cause fear and terror in civilian populations or decision makers”. The authors point to violent anti- abortionists as an example. This group intends to cause enormous destructions to public facilities such as property, buildings, vehicles, and hospitals, but “they have not demonstrated an interest in indiscriminate civilian killing, or maximum diffuse destruction” (Presman & Flockton, 2014, p. 124). In contrast, this psychological intention is a common objective of terrorist attacks (Presman & Flockton, 2014, p. 124).
Furthermore, Pressman and Flockton (2014, pp. 124-125) identified a sharp distinction between violent extremists and non-ideologically motivated violent offenders based on a review of previous studies. Table 2.3 summarise the significant differences between violent extremists and non-ideologically motivated offenders.
Table 2.3 Presman and Flockton Review of the Differences between Violent Extremists and Non- Ideologically Motivated Offenders
Violent Extremists Non-Ideologically Motivated Offenders
Motivated by ideologies, beliefs, and Known to engage in acts generally due to social and religious political causes. motivations such as personal gain, addictions, criminogenic needs, and impulse control problems. Advertise their attacks and they Try to avoid detection and attention. communicate their goals. They are not mentally ill or Regularly exhibit personality disorders, psychologically disordered. psychopathy, uncontrollable aggression, behaviour problems, and/or other mental or clinical disorders.
Source: Presman & Flockton (2014, pp. 124-125)
26 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
As a consequence of these differences between terrorists and other criminals, terrorist prisoners should be rehabilitated under a specific program. Although Mullin has observed that there are opportunities to adopt best practices from the rehabilitative literature on ordinary prisoners, he also noted that “the content of criminal and terrorist rehabilitation programs will always differ” (Mullins, 2010, p. 162).
A specific deradicalisation program for terrorist prisoners has been implemented in several countries in order to achieve the goal of rehabilitation and to stop the spread of radicalisation in prisons. Saudi Arabia, for example, has a strategy called Prevention, Rehabilitation, and Aftercare (PRAC). In general, the program is recognised as a “soft” approach to terrorist prisoners within the concept of reform and transformation (Porges, 2014, p. 169). In another example, the United Kingdom has launched CONTEST (the government’s counterterrorism strategy) and the revised PREVENT strategy (Pickering, 2014, p. 161).
Deradicalisation programs in several countries display similarities, or at least have the same approach or pattern, for example France, The Netherlands, Spain, the UK, and the USA (Neumann, 2010, p. 13). The programs in these countries focus on security, with only a limited awareness of promoting reform (Neumann, 2010, p. 13). On the other hand, the approaches also differ in some respects. For instance, of the five countries named, only The Netherlands has implemented “concentration” principles, whereby all terrorist prisoners are held in one place in the high security prisons in Vaugh. The remaining four countries apply dispersal and partial concentration policies (Neumann, 2010, p. 18). Although both policies “have advantages and disadvantages” (Hannah, Clutterbuck, & Rubin, 2008, p. xi), Mulcahy, Merrington, and Bell (2013, p. 11) concluded that “overall, academics in the field of terrorism agree that we may be facilitating radicalism by integrating converted Islamic extremist with criminals”.
In the Philippines, a deradicalisation program exists, but the policy is designed and implemented differently across the correctional system. For example, in the New Bilibid Prison (NBP) convicted terrorists are integrated with ordinary inmates, whereas in the Metro Manila District Jail (MMDJ) they are separated from the general prison population (Jones & Morales, 2012, p. 219). To sum up, in terms of deradicalisation programs worldwide, although every country has its own approach,
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 27
each country’s program has similarities, significant differences, or both to those of other countries.
Through the prisons and detention centres, Indonesia also runs a deradicalisation program for terrorist prisoners. However, Indonesia’s distinct program for convicted terrorists does not just follow the global trend as implemented in other countries. Arguably, the foundation of Indonesia’s program is underpinned by two principal factors: (1) that Indonesia has terrorist prisoners; and (2) that there is an indication of the spread of radicalisation in Indonesian prisons.3 Moreover, as mentioned earlier, experts and studies conclude that Indonesia remains under the threat of terrorism despite some of the most wanted terrorists being killed or imprisoned. Therefore, the possibility of terrorist prisoners will remain.
Indonesia’s deradicalisation program for terrorist inmates has been implemented by either prison services or other governmental agencies such as the INP and the BNPT. Among these institutions, the program is coordinated by the BNPT, which was established in 2010 based on the President’s Regulation Number 46. Ironically, although the program is coordinated by the BNPT, some studies (Istiqomah, 2012, p. 268; Sarwono, 2012, p. 136) have stressed that the involvement of many agencies in the implementation of the program has drawbacks in achieving the goals of rehabilitation. Indeed, the program has been described as “underfinanced, understaffed, and not terribly institutionalized” (Abuza, 2009, p. 198). To cope with these problems, Ungerer (2011, p. 19) recommended that the coordination between the BNPT and prison services should be improved in their efforts to rehabilitate convicted terrorists.
The literature shows that the rehabilitation initiatives for terrorist convicts can involve disengagement, deradicalisation, or both (Hill, 2011, p. 32; Horgan &
3 A report prepared by the European Commission’s Expert Group on Violent Radicalisation (2016, p. 271) noted the problems associated with the term “radicalisation as an expression of legitimate political thought” and its relationship to radicalism. This is because radicalism “does not, in itself, lead to violence” (European Commission’s Expert Group on Violent Radicalisation, 2016, p. 271). In this context, S. Jones explained that the term radical “means so many different things” (Jones S. , 2006, p. 3). Further, and specifically in Indonesia, S. Jones identified that “five groups in particular need to be distinguished” (Jones S. , 2006, p. 3). These five groups can be placed in three categories. The first group rejects violence, such as Muslim political parties and Hizbut-Tahrir. The second groups are willing to use violence, such as Front Pembela Islam (FPI) and Salafis. The third groups are willing to use violence and engage in terror attacks, such as Jema’ah Islamiyah and its affiliates (Jones S. , 2006, pp. 3-5).
28 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
Braddock, 2010, p. 280; Mullins, 2010, p. 163). Deradicalisation is related to psychological change in terrorists’ ideology, while disengagement focuses on behavioural change. Both of these programs can be implemented at either a group (collective) level or an individual level (Neumann, 2010, p. 12).
After an examination of Indonesia’s deradicalisation program, some researchers (Abuza, 2009; Horgan & Braddock, 2010; Osman, 2014; Sarwono, 2012) have argued that Indonesia’s practices in managing terrorist inmates reflect disengagement rather than deradicalisation. However, Schmid (2013, p. 41) stated that Indonesia’s program is a combination of individual and collective deradicalisation. In a study on radicalisation and deradicalisation in 15 countries, Neumann (2010, pp. 47-58) identified Indonesia as a country that deploys individual deradicalisation and disengagement programs, along with Afghanistan, the Philippines, Saudi Arabia, Singapore, and Yemen. Regardless of which programs are best suited to Indonesia’s approach, all agree that the notable features of Indonesia’s program are utilising a former terrorist, Nasir bin Abbas, to re-educate terrorist prisoners; and providing monetary incentives or economic assistance to captured terrorists, including their families.
Deradicalisation programs in Indonesian prisons are currently developed and managed locally by prison directors and are consistent with a prison’s circumstances and capability (Andrie, 2011, p. 10). Based on fieldwork conducted in some Indonesian prisons and detention centres, Andrie concluded that most of these prisons did not have a specific program for rehabilitating or deradicalising terrorist prisoners (Andrie, 2011, pp. 10-14). Only two prisons were considered to have adequate programs: Porong (Surabaya) Prison and Semarang Prison (Andrie, 2011, p. 10; Maliki, 2013, p. 17).
How terrorist prisoners are housed depends on a prison’s capability. For example, in Cirebon Prison, terrorist prisoners are prevented from interacting with each other, whereas in Cibinong Prison they are given the freedom to communicate with each other. Then, In Cipinang prison, terrorist inmates are placed in a special block where they also have the opportunity to communicate (Ditjenpas RI, 2013b). Theoretically, these methods could be classified as a mix of isolation and separation. According to Neumann (2010, p. 17), there are three models of distribution for this prisoner population: “namely whether they should all be held in one place
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 29
(concentration); whether they should be separated from the general prison population (separation); and if they should be isolated from each other (isolation)”. Furthermore, in terms of integration or segregation with general prisoners, C. R. Jones stated that, although Indonesian prisons try to segregate terrorist inmates, interactions with general prisoners remain a problem (Jones C. R., 2014). He argued that Indonesia has no single strategy (Jones C. R., 2014).
2.4 REPORTED OUTCOMES OF INDONESIA’S DERADICALISATION PROGRAM FOR TERRORIST INMATES
Discussion of the outcomes of Indonesia’s deradicalisation program reveals disagreement about its efficacy. Although research has shown that Indonesian prisons can be assessed positively for their deradicalisation initiatives (Ranstorp, 2009), a study conducted by Horgan and Braddock argues that such assessments of initiatives that focus on monetary incentives are “inaccurate and certainly premature to consider this true de-radicalisation” (Horgan & Braddock, 2010, p. 267 and 269). Moreover, Hasan and Yasin’s investigation concluded that weakness in the prison system has allowed incarcerated terrorists to “continue their contribution to the extremist’s long term strategy” (Hassan & Yasin, Indonesian Prisons: A Think Tank for Terrorist, 2012, p. 12). Various articles and books on pro-violence ideology have been published by incarcerated extremists. Despite their small number, Hasan and Yasin reviewed that “the potential of such publications to radicalise the broader community should not be underestimated” (Hassan & Yasin, Indonesian Prisons: A Think Tank for Terrorist, 2012, p. 11).
Nurezki (2013, p. 90) stated that the effectiveness of the deradicalisation program that is now being run by the Indonesian government is questionable due to recidivism cases in terror activities. After an investigation based on various sources, including fieldwork, he reported that 15 former terrorist prisoners had reoffended (Table 2.4).
30 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
Table 2.4 List of Recidivist Terrorists
Name Previous offences Involvement in Post-release Current Deradicalisation activities status Program 1. Abdullah Possession of firearms Cooperated with Accused of In 2010, Sunata and sheltering Noordin police while masterminding a sentenced to Top. Orchestrated Bali undergoing terrorist training 10 years bombings. deradicalisation camp in Aceh and imprisonment. In May 2006, District program. the plan to attack Court in South Jakarta the Presidential sentenced Sunata to 7 Palace on 17 years imprisonment. August 2010.
2. Abu Bakar Amir of Jemaah Rejected Financer and ran a In 2011, Ba’asyir Islamiyah. Masterminded deradicalisation training camp in sentenced to several key bombings program Aceh. 15 years such as Bali Bombing 1. imprisonment. In 2003, sentenced to 4 years imprisonment. Released in 2006 for cooperating with police.
3. Aman Masterminded the Rejected Provided financial In 2010, Abdurrahman bombing of Cimanggis in deradicalisation assistance to sentenced to 9 2004. Sentenced to 7 program. Launched Dulmatin at a years years imprisonment. a counter- military training imprisonment. Released in 2008. deradicalisation camp in Aceh. narrative while in prison.
4. Agus Involved in the bombing Involved in a Participated in a In 2011, Kasdianto of Senen Atrium 2001. rehabilitation terrorist camp in sentenced to 9 alias Hasan Also involved in program in prison. Aceh. years alias Musaf Cimanggis bombing. imprisonment. bin Nasim Sentenced to 5 years imprisonment.
5. Air Setyawan Sheltered Urwah and Went through Delivered bomb Shot dead in Noordin Top. Involved in rehabilitation to bekasi. Bekasi, Australian Embassy program in prison. August 2009. bombing. In 2004, Sentenced to 5 years imprisonment.
6. Bagus Budi Collaborated with Rejected the Wanted by the Shot dead in Pranoto alias Noordin Top. Sentenced program. Launched police in 2009 for Solo, Urwah in 2004 to 4 years a counter- his connection September imprisonment. Released deradicalisation with the Ritz 2009. in 2007 for good narrative while in Carlton and JW behaviour. prison. However, Marriott later cooperated bombings. with police.
7. Enceng Sheltered Dulmatin and Went through a Ran a terrorist Shot dead in Kurnia alias Umar Patek. In 2006 deradicalisation camp in Aceh Aceh, March Arham alias sentenced to 6 years program in 2009. Arnold imprisonment. Released Cipinang prison. in 2008.
8. Fadli Sadama Involved in a robbery at Put through Sheltered Urwah In 2013, Lippo Bank in Medan. deradicalisation and involved in a Escaped from Imprisoned from 2004 to program. Released robbery at Bank Tanjung 2007. for good behaviour. Niaga in Medan. Gusta Prison in North Sumatra.
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 31
9. Luthfi Collaborated with Put through Trainer for a In 2010, Haedaroh Noordin Top. Sentenced deradicalisation military camp in sentenced to alias Ubeid to 4 years imprisonment. program. Aceh. 10 years Released in 2007. imprisonment.
10. Heri Sigu Assembled bomb that Put through Masterminded In 2011, Samboja alias exploded outside deradicalisation bombing of sentenced to 8 Soghir Australian embassy in program. Released Danish’s Embassy years Jakarta. Sentenced to 7 for good behaviour. in Jakarta. imprisonment. years imprisonment in 2005. Released 2008.
11. Rahmat Puji Collaborated with Did not participate Sheltered Urwah. In 2010, Prabowo alias Noordin Top. Sentenced in deradicalisation Transported sentenced to 3 Bejo in 2004 for 7.5 years program. Mentored explosives. years imprisonment. drug addicts while imprisonment. in prison.
12. Mustofa alias Took part in the bombing Put through a Alleged member In 2011, Abu Tholut of the Atrium shopping deradicalisation of the Tanzim Al sentenced to 8 mall in Central Jakarta in programme in Qaedah group in years 2001. Found guilty of Depok, West Java. Aceh. Supplied imprisonment. possessing illegal weapons. ammunition and explosives in 2003. Sentenced to 7 years imprisonment in 2004 but received a reduced sentence in 2007. 13. Suryadi Bombed MacDonald’s Followed through a Purchased In 2010, faced Masood alias restaurant in Makassar, deradicalisation firearms for possible death Umar October 2002. Sentenced program in training camp in sentence. to 8 years imprisonment. Cipinang prison. Aceh.
14. Sri Puji Withheld information Put through a post- Provided shelter In 2011, Mulyo from police regarding the release for Urwah. sentenced to 8 Siswanto group led by Subur rehabilitation years Sugianto. In 2006, program by Noor imprisonment. sentenced to 6 years Huda. Re- imprisonment. radicalised due to old networks.
15. Thoriqudin Sheltered Bali bombers Showed good Continued to Active in alias Abu and Mukhlas. In 2003, behaviour in prison support Jemaah public forums Rusydan sentenced to 3.5 years and cooperated with Islamiyah and the media. imprisonment. Released the police Refused activities but In early 2013, in 2005 for good deradicalisation condemned labeled the behaviour. programme. violence. Indonesian government as thogut.
Source: adapted from “A Hazy Redemption: Can Radicalisation Work in Indonesia?” by L. P. Nurezki, 2013, Master Thesis, National University of Singapore (NUS), Singapore, pp. 91-93.
In contrast, after analysing Indonesia’s prison-based deradicalisation program in terms of the level of religious re-education and the level of institutionalisation, Eckard (2014, p. 199) concluded that “Indonesia has a low to moderate level of
32 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
institutionalisation and a moderate level of religious re-education, which indicates an overall moderate level of effectiveness”. In a comparative analysis of prison-based deradicalisation programs in Saudi Arabia, Indonesia, Yemen, and Western Europe, Eckard found that the prison-based deradicalisation program that is now being run by Saudi Arabia was the most effective (Eckard, 2014, p. 199). Further, Eckard found that the Indonesian deradicalisation programs was moderately effective, while that of Yemen was lees effective. In comparison with programs in Saudi Arabia, Indonesia, and Yemen, prison-based deradicalisation programs in Western European countries had a low level of effectiveness. Eckard (2014, p. 199) presented the overall assessment of prison-based deradicalisation programs in Saudi Arabia, Indonesia, Yemen, and Western Europe in a quad chart, as illustrated in Figure 2.2 in the next page.
Figure 2.2 Overall Assessment of Prison-based Deradicalisation Program for Terrorist Prisoners in Saudi Arabia, Indonesia, Yemen and Western Europe
Level of Institutionalization
High Low
High Level of Religious Re- Saudi Arabia education Indonesia
Yemen
Low Western Europe
Source: adapted from “Prison-based Deradicalization for Terrorist Detainees: An Analysis of Programmatic Religious Re-education and Systematic Institutionalization and their Impact on Achieving Deradicalization”, by T. N. Eckard, 2014, PhD Thesis, Northern Illinois University (NIU), DeKalb, IL, p. 199.
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 33
According to Eckard’s findings, several aspects of Indonesia’s prison-based deradicalisation program need to be evaluated in order to make the program more effective, especially at the level of institutionalisation (Eckard, 2014). In this regard, the experiences of Indonesian prison officers in implementing the program, and their views on the establishment of a special prison for convicted terrorists, are useful to examine.
However, the effectiveness of deradicalisation programs for terrorist prisoners is not solely an Indonesian issue. As Eckard’s study revealed, prison-based deradicalisation programs in Yemen and Western Europe countries are less effective than Indoesia’s program. Many studies have demonstrated that the effectiveness of deradicalisation programs for convicted terrorists is debateable (Caitlin & Szmania, 2016; Ezzarqui, 2010; Ganor & Falk, 2013; Horgan & Braddock, 2010; IPI, 2010). Related to this issue, El-Said (2012) concluded that “no single formula can deal with all cases of violent extremism in a single region … and there is no single recipe for success”. Therefore, any evaluation of the existing Indonesian program must be conducted thoroughly and critically because Indonesia has a significant number of terrorist prisoners and more such prisoners are likely in the future.
2.5 LIMITATIONS IN THE CURRENT LITERATURE
Since the 9/11 attacks, terrorism as a research area has become of greater interest than previously (Silke, 2007, p. 90). This increased interest was predicted by Walters, because many countries enacted or revised their own anti-terrorism laws after this time (Walters, 2003, p. 125). Various studies have been conducted, with journals specifically concerned with terrorism published since the attacks, such as Studies in Conflict and Terrorism, Behavioral Sciences of Terrorism, and Political Aggression and Critical Studies on Terrorism. It is apparent that terrorism has become a fruitful research area throughout the world.
Indonesian terrorism research shows the same trend as seen internationally. Terrorism is not observed exclusively by law and justice scholars; it is discussed by scholars from various backgrounds. Compilation work by Nainggolan (2002) provides an example of discussion on terrorism from political, economic, social, military, security, and religious perspectives, as well as how terrorism affects relationships between countries on regional and global levels. In Hendropriyono’s
34 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
(2009) doctoral thesis at Gadjah Mada University, terrorism is observed from a philosophical point of view. Meanwhile, in Soeharto’s (2007) doctoral thesis at Padjajaran University, the topic of terrorism is observed from law and justice perspectives. He examined the protection of the rights of the suspected terrorist, the defendant, and the victim. However, discussions on the protection of rights for terrorist inmates were not included (Soeharto, 2007).
On the other hand, studies on terrorism face the challenge of the definition of terrorism itself, as discussed in Chapter 1. There is no universal definition of exactly what terrorism is. Martin (2010, p. 31) concluded that “there is some consensus – but no unanimity – on what kind of violence constitutes an act of terrorism”. This challenge does not affect the meaning of studies on terrorism. In fact, many relevant research topics fall within the area of terrorism research. For example, terrorist prisoners, radicalisation and de-radicalisation in prisons, counterterrorism, and the causes of terrorism are specific research topics within the broader area of terrorism studies.
Specifically, many experts and scholars throughout the world have addressed research topics on terrorist prisoners and radicalisation in prisons. They examined the terrorist’s life in prisons, and the spread of radicalisation among prisoners. Nowadays, radicalisation in prisons is a trending topic among experts, as Useem and Clayton (2009, p. 561) noted: “the radicalisation of prisoners is one of the most discussed…”
Previous studies have concluded that radicalisation has already happened in prisons and found that some radicalised persons were involved in terrorist attacks after release from prison. Hamm (2009), for instance, demonstrated that some previous studies revealed indoctrination of bombing actors while in prisons. Indoctrination spread in prisons in various countries, namely in Morocco, Spain, a British young offender institution, Jordan’s high-security Suwaqah prison, and California’s New Folsom Prison. Another study focused on radicalisation in Spanish prisons, finding that they were unsafe from radicalisation (Trujillo, Jordan, Gutierrez, & Gonzalez-Cabrera, 2009). Trujillo et al. claimed that higher security has been implemented for Muslim inmates, because they “demonstrate behavioral patterns in terms of horizontal and vertical cohesion, endo-groupal identity, and the legitimisation of terrorism which lead to and indicate a tendency towards radical
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 35
Islamism” (Trujillo, Jordan, Gutierrez, & Gonzalez-Cabrera, 2009, p. 578). Moreover, the authors argued that control and prevention of radicalisation in Spanish prisons is even more problematical (Trujillo, Jordan, Gutierrez, & Gonzalez-Cabrera, 2009, p. 578).
Similarly, some researchers have demonstrated that radicalisation has already taken place in Indonesian prisons (Andrie, 2011; ICG, 2007; Septian, 2010). Previous studies claimed that terrorist prisoners in Indonesia successfully influenced other inmates to become jihadist. The spread of radical beliefs to prison officers worsens the situation. In other words, terrorist inmates are not only successful in radicalising other inmates but also some of the Indonesian prison officers. Some cases have shown that prison officers were turned into radicals and jihadists (ICG, 2007). It is ironic because their duty is to rehabilitate both terrorist and ordinary prisoners. The ICG (2007, p. 9) explained that Beni Irawan, a prison officer at Kerobokan Prison, became “the most militant of their charges, with all the ardor of a new convert”. He was accused in 2006 of smuggling a laptop computer into Iman Samudra’s4 cell.
The spread of radicalisation in prisons has become a global issue, especially in countries that hold terrorist inmates. To cope with this issue, a specific rehabilitation program for terrorist prisoners has been developed, with the primary goal of the program being de-radicalisation or disengagement. As a result, deradicalisation or disengagement is discussed worldwide in academic scholarship. Experts are not only discussing radicalisation but also deradicalisation or disengagement for convicted terrorists. For example, Veldhuis (2012) examined an argument for a realist approach to rehabilitation and reintegration programs for terrorist prisoners, while Schmid (2013) presented a conceptual discussion and literature review on radicalisation, deradicalisation and counter-radicalisation. In his review, he explored these terms and the discourses surrounding them (Schmid, 2013).
According to Schmid (2013, p. 20), previous research over the past 10 years has focused on Islamist radicalisation, and the deradicalisation of jihadist terrorists. Schmid (2013, p. 20) demonstrated that existing literature on the topic informs a
4 Imam Samudra was one of the three main actors behind the Bali bombing in October 2002. The other two were Amrozi and Ali Ghufron. These three perpetrators were sentenced to capital punishment and executed in 2008.
36 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
number of conclusions, regardless of the fact that the findings about religious radicals might not apply to other types of radical groups (e.g. left-wing militant radicals). Based on an extensive literature review on the topic, he concluded (Schmid, 2013, p. 20):
1. Most terrorists are clinically normal, although their acts are considered widely as extra-normal in moral terms. 2. Backgrounds of terrorists are very diverse; there are many paths to terrorism and there is no single profile of a terrorist. 3. Radicalisation is usually a gradual, phased process. 4. Individual poverty alone does not cause radicalisation towards terrorism, but un(der)employment may play a role. 5. Grievances play a role, but often more as a mobilisation device than a personal experience. 6. Social networks or environments are crucial in drawing vulnerable youths to a terrorist movement. 7. Ideology often plays an important role in that it can provide the true believer with a “license to kill”. 8. Disengagement from terrorism often occurs without deradicalisation.
These conclusions indicate that discussion focusing on radicalisation receives more attention than does deradicalisation. Deradicalisation or disengagement is only mentioned in Conclusion 8, while radicalisation and its aspects are the focus of conclusions 1 to 7. More specifically, conclusions 3 to 7 show why someone becomes a terrorist; and conclusions 1 and 2 show who becomes a terrorist. Schmid’s review is valuable for synthesising “what we think we know about radicalisation” (Schmid, 2013, p. iv) and for examining various deradicalisation and counter- radicalisation programs. He has distilled the current literature on radicalisation, deradicalisation, and counter-radicalisation globally.
As the scope of this study is Indonesia and its prison-based deradicalisation program, the question is what aspects are researchers focusing on within this topic, or how are studies analysing Indonesia’s prison-based deradicalisation programs. This literature review found that the various research projects on the Indonesian prison- based deradicalisation program could be divided into two major groups: those about
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 37
the program itself and those about the terrorist prisoners, as illustrated in Figure 2.3. This division is based on the “angle” from which the program is viewed in the study. In the first group, aspects of the prison-based deradicalisation program itself are examined, such as the implementation of the program or analysis of the program components. In the second group, the prison-based deradicalisation program is examined from the perspectives of terrorist prisoners, such as their responses to the program or the extent of their involvement in the program.
Figure 2.3 Grouping of the Existing Research on Indonesia’s Prison-based Deradicalisation Program
Research topic on Indonesian prison-based deradicalisation program
Focus or 'angle' of Discussion
The program The terrorist prisoners
Firstly, regarding the first group of studies, research on Indonesia’s prison- based deradicalisation program that is focused on the program itself widely available in the literature (Eckard, 2014; ICG, 2007; Istiqomah, 2012; Johnston, 2009; Neumann, 2010; Nurezki, 2013; Rabasa, Pettyjohn, Ghez, & Boucek, 2010). Indonesia’s prison-based deradicalisation program has been selected either for comparative analysis or as a case study analysis. For example, Eckard (2014) examined the prison-based deradicalisation programs in Indonesia, Saudi Arabia, Yemen and Western Europe. The study provides a comparative analysis of programs among countries. Then a case study analysis of these programs compares them to the
38 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
USA’s programs in Iraq and Afghanistan. Similar to Eckard, Neumann (2010), Johnston (2009) and Rabasa, Pettyjohn, Ghez, and Boucek (2010) selected Indonesia’s prison-based de-radicalisation program for analysis alongside those of other countries. However, these studies did not compare the programs; they applied a single case study analysis to each national deradicalisation program, including Indonesia’s program (Johnston, 2009; Neumann, 2010; Rabasa, Pettyjohn, Ghez, & Boucek, 2010).
In its report, the ICG (2007) explored some practical aspects of Indonesia’s program, particularly how terrorist prisoners are housed and what strategies have been used by the Indonesian authorities to deal with terrorist prisoners. Similarly, both Nurezki (2013) and Istiqomah (2012) analysed Indonesia’s prison-based deradicalisation program and its implementation. However, Nurezki and Istiqomah provide different recommendations for preventing recidivism concerning terrorism acts. Nurezki (2013, pp. 137-138) argues that the best strategy for deradicalisation in Indonesia is disengagement, while Istiqomah (2012, p. 273) argues that a reformation of the correctional system is required.
Secondly, regarding the second group of studies, empirical qualitative studies on Indonesia’s prison-based deradicalisation program viewed from the perspective of convicted terrorists’ experiences are also available (Andrie, 2011; Osman, 2014; Ungerer, 2011; Sarwono, 2012; Sukabdi, 2015). The focus of these existing studies is diverse. Some researchers (Ungerer, 2011, p. 2; Sarwono, 2012, p. 45) examined the motivations of terrorist prisoners and the factors that influenced them to become involved in terrorist activities and violent actions. Why the prisoners chose to either re-engage or disengage from violent acts after release from prisons was also investigated. Other research analyses prisoner radicalisation and the authorities’ efforts to prevent the spread of radicalisation in Indonesian prisons (Osman, 2014).
Osman and Ungerer used different sources when investigating the deradicalisation program. Osman (2014, pp. 222-226) evaluated deradicalisation efforts implemented by the INP and by civil society, while Ungerer (2011, pp. 14-16) elaborated on and discussed deradicalisation efforts run by the INP and the DGC. Based on interviews with terrorist prisoners and former terrorist prisoners, these studies found that most of the subjects claimed that they had not been involved in the deradicalisation program (Ungerer, 2011, p. 16) and that economic assistance from
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 39
the police did not influence their changing views on terror activities (Osman, 2014, p. 224). In their conclusions, both Ungerer (2011, p. 19) and Osman (2014, p. 226) stress the importance of the role of Indonesian prisons in rehabilitating terrorist prisoners; thus a prison-based deradicalisation program is critical for best practice.
In his report, entitled Kehidupan di Balik Jeruji: Terorisme dan Kehidupan Penjara di Indonesia, Andrie (2011, pp. 17-18) discussed terrorist prisoners’ responses to the deradicalisation program, founding that most of the participants refused to be involved in the program. His study not only examined terrorist prisoners’ views but also the programs in the prisons. Based on observations, literature review and fieldwork, he investigated prisons’ programs, whether prison had a deradicalisation program for convicted terrorists (Andrie, 2011, pp. 11-14). In this sense, his study could also be included in the group that observed the prison- based deradicalisation program from the program perspective.
A recent study that selected terrorist prisoners and former terrorist prisoners as the subjects of research was conducted by Sukabdi (2015). This study presents more direct and specific discussions on the relationship between the program and terrorist prisoners. Sukabdi (2015, p. 52) identifies five substantial findings: “terror activists’ behavior transformation process in Indonesia, critical areas of development needed in changing terrorism perpetrators’ behaviors, key elements in rehabilitation, criterion for successful rehabilitation, and parameters of effective deradicalisation”. This study shows it is possible to transform behaviour from pro-violence to non-violence. To rehabilitate Indonesian terrorist prisoners, six critical dimensions of development are needed: social skills, personal skills, vocational skills, spiritual maturity, domestic skills, and contextual insight (Sukabdi, 2015, p. 46). Furthermore, Sukabdi (2015, p. 49) argues that a successful rehabilitation program for convicted terrorists is indicated by participants’ rejecting violence and adopting more positive behaviours.
In conclusion, from the two major groups of existing research on the topic of the Indonesian prison-based deradicalisation programs, a research gap within this topic can be identified, namely, a lack of studies focused on Indonesian prison officers as the implementers of the deradicalisation program. Therefore, researching these prison officers’ experiences and perspectives regarding the prison-based deradicalisation program is worthwhile. The findings will extend the body of literature on the topic of Indonesian prison-based deradicalisation programs.
40 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
Besides extending the body of literature, researching this topic will help gain an integrated understanding of the complexity of implementing the deradicalisation program. Implementing this program is part of a broader process in which several parties are involved: the program is designed by the authorities (the prison director), implemented by the implementers (the prison officers), and applied to the participants (the terrorist prisoners), as illustrated in Figure 2.4.
Figure 2.4 The Process of the Deradicalisation Program for Terrorist Prisoners in the Context of Indonesian Correctional Services
The Designer of the Program The Prison Director
The Implementer of the Program Prison Officers
The Participants in the Program Terrorist Prisoners
GOAL: Rehabilitation/Deradicalisation
Furthermore, by extending the object or subject of research into the prison officers’ experiences and perspectives, research on the Indonesian prison-based deradicalisation program can then be divided into three major groups: the program (the tool), the terrorist prisoners (the participants in the program), and the prison officers (the implementers of the program). Figure 2.5 illustrates an updated division of the research on Indonesian prison-based deradicalisation program after the subject of research into the officers’ experiences and perspectives is included.
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 41
Figure 2.5 Including Prison Officers’ Perspectives in the Research Topic of Indonesia’s Prison-based Deradicalisation Program
Research topic on Indonesian prison-based deradicalisation program
Focus or 'angle' of discussion
The terrorist prisoners The prison officers The program (the participants of the (the implementers of the (the tools) program) program)
To sum up, this study focuses on the experiences and perspectives of Indonesian prison officers charged with implementing the deradicalisation program. The investigation was narrowed to the examination of prison officers’ challenges in implementing the program, prison officers’ views on the establishment of a special prison for convicted terrorists in Indonesia, and strategies to improve future delivery of the program by prison officers.
Investigating the challenges that Indonesian prison officers face in implementing the program is critical. Specifically, this will extend the body of knowledge on prison-based deradicalisation program in the Indonesian context. Although some researchers (Istiqomah, 2012; Maliki, 2013) have conducted interviews with Indonesian prison officers and a prison director, they did not investigate the challenges of implementing the program. For example, although Maliki’s study also examined the implementation of the rehabilitation and reintegration program for terrorist prisoners, the prison officers’ challenges were apparently not investigated; interview results and discussions with only Semarang’s prison director were provided (Maliki, 2013, pp. 6-7). In Istiqomah’s study, although she conducted and presented her results of interviews with the prison officers, a
42 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
thorough examination of the prison officers’ challenges in implementing the program is not available. Therefore, research on the challenges that Indonesian prison officers face would extend the body of knowledge on prison-based deradicalisation programs, particularly in the Indonesian context.
Moreover, Indonesian authorities have established a special prison for convicted terrorists in Sentul, Bogor – West Java. There is still contention within the utilities on whether it is useful in rehabilitating and reintegrating incarcerated terrorists. However, in-depth studies or empirical research have not been conducted by either the Indonesian Government or scholars to review the need for this prison. To identify the strengths and weaknesses of this special prison, empirical research focused on prison officers’ views of the facility is necessary, because their views could play an important role in examining the continued existence of this contested initiative. For these reasons, ascertaining Indonesian officers’ views is essential to extend the body of current knowledge.
Equally important is to investigate practical recommendations in order to strengthen the prison officers’ role in supporting the effectiveness of the prison-based deradicalisation program. Although previous studies provide recommendations on the implementation of deradicalisation programs in the Indonesian prison environment, such recommendations remain theoretical and abstract; for example, recommendations to deliver proper training for prison officers (Nurezki, 2013) and for correctional institution reform (Istiqomah, 2012). Applicable strategies and policies that focus on improving prison officers’ role in implementing the prison- based deradicalisation program have not been provided. Therefore, researching and assessing applicable strategies would be beneficial, particularly for the legal, regulatory and policy reform agendas.
2.6 SUMMARY AND IMPLICATIONS
This research makes an original contribution to criminal justice policy and practice in Indonesia. By investigating and examining Indonesian prison officers’ experiences, the study extends the body of knowledge around prison-based deradicalisation programs, specifically in the Indonesian context. Indonesian prison officers’ perspectives regarding deradicalisation programs for terrorist inmates was thoroughly investigated. My review of the literature determined that the primary
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focus of previous studies is the program and the inmates. In contrast, there is a lack of qualitative studies that focus on prison officers’ experiences in implementing the programs. Although programs have been assessed, users of the programs were not assessed. Therefore, the results of this study will advance the discussion of prison- based deradicalisation programs from program oriented to prison-officer oriented.
Moreover, discourses surrounding the establishment of a special prison for terrorist inmates arise among both academics and policy makers, with pros and cons commonly advanced on this hotly debated issue in Indonesia. However, the perspectives of prison officers on this issue are not available in the existing literature, including whether they agree or disagree with the prison’s establishment, and what their hopes for it might be. From this study, the findings on prison officers’ perspectives on this topic will contribute to the fields of criminal justice studies, criminology, and correctional science.
Further, this study provides a uniquely practical contribution to the Indonesian authorities. By uncovering prison officers’ challenges in implementing the deradicalisation program, the weaknesses can be identified and then evaluated. These findings are valuable resources for investigating strategies to strengthen the role of Indonesian prison officers, especially regarding the implementation of Indonesia’s prison-based deradicalisation program and preventing the spread of radical beliefs from terrorist inmates to prison officers.
In conclusion, this study contributes to the discipline of terrorist rehabilitation and prison-based deradicalisation programs. More broadly, the study contributes to several fields such as corrections, penology, political violence, and criminal justice.
44 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
Research Design
A good research design ensures you will get the best evidence – the most relevant, credible, valid, trustworthy, reliable and authentic possible – and also that you haven’t overlooked possible sources of criticism or possible counter-evidence. It matches up the sources available, and the questions needing answers, with the kinds and amounts of evidence needed to develop a case or demonstrate a situation. It allows time for reflection to creatively develop plausible explanations; and it ensures the purposes of the research are properly met. (Wadsworth, 1997, p. 27)
This chapter outlines the methodology employed in this study and provides an account of ethical concerns for conducting fieldwork within the prison environment in Indonesia. The chapter begins with a discussion on the research design and methodology used in this study (Section 3.1) followed by discussion of the research site and why it was selected for data collection purposes (Section 3.2). Next, this chapter discusses participants and their recruitment (Section 3.3) and shows the data and legal materials for answering the research questions (Section 3.4). The method for data collection (Section 3.5), and collection methods for legal and non-legal materials (Section 3.6) are presented, before discussing analysis of the data (Section 3.7). As this study needed human participation, ethical considerations are described (Section 3.8). Finally, this chapter discusses the scope of the study and the limitations of the research (Section 3.9).
3.1 OVERVIEW OF THE RESEARCH DESIGN AND METHODOLOGY
As discussed in Chapter 2, this study aimed to bridge the research gap on the topic of Indonesia’s prison-based deradicalisation program. The gap in existing research on this topic is the lack of studies on terrorist rehabilitation viewed through the lens of the implementers. Hence, Indonesia’s prison-based deradicalisation programs were examined from the viewpoint of the implementers of the program, that is, Indonesian prison officers. Specifically, the aims of this study were to examine the experiences of Indonesian prison officers in rehabilitating terrorist inmates and to investigate the strategies for improving the officers’ role in terrorist
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rehabilitation. To achieve these aims, the set of research questions is discussed comprehensively in Chapter 5, Chapter 6, and Chapter 7.
In line with the proposed research questions, this study had three objectives: (1) to investigate Indonesian prison officers’ challenges in implementing terrorist rehabilitation and deradicalisation programs; (2) to analyse Indonesian prison officers’ views regarding the establishment of a special prison for terrorist inmates in Indonesia; and (3) to examine and assess strategies to improve the role of Indonesian prison officers in the implementation of deradicalisation programs. These objectives were investigated throughout the firsthand experiences of Indonesian prison officers in dealing with terrorist inmates inside prisons.
In doing so, this study used qualitative social research and legal research methodologies. These methodologies were used because the set of research questions in this study had to be addressed by different methods, as asserted in the quotations above (Baker, 1999, p. 9; Wadsworth, 1997, p. 27). Moreover, in applying methodology for a specific research project, Crompton and Jones (1998, p. 72) echoed that “different methods are appropriate for different problems”. In terms of data collection, Burton (2013, p. 55) explained that research questions are inevitably the starting point to determine whether they can be answered by collecting primary data. The connection between the methodology and the research question is discussed in the following subsection as well as in the discussion on the selected methodological approach.
3.1.1 The Methodology and Research Questions Qualitative social research methodology was used to investigate the challenges faced by prison officers implementing the deradicalisation program (Research Question 1), as well as to analyse their views on the establishment of a special prison for convicted terrorists in Indonesia (Research Question 2). Primary and secondary data were collected to address Research Questions 1 and 2.
Qualitative social research and legal research methodologies were combined to identify strategies for improving the role of Indonesian prison officers in implementing the deradicalisation program (Research Question 3). Because the context of the problem is about change (Hutchinson, 2010, p. 63), reform-oriented
46 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
research was applied. Therefore, this study combined these methodologies to examine Research Question 3.
The research design is outlined in Table 3.1, which shows the connection between the methodologies and the research questions. Use of qualitative social research and legal research methodologies are discussed further in the following subsection.
Table 3.1 Research Questions and the Associated Methodologies
Key Research Aims:
To examine the experiences of Indonesian prison officers in the implementation of prison- based deradicalisation programs and to identify policy and law reform options related to the improvement of Indonesian prison officers’ role in terrorist rehabilitation.
Methodology
Research Question Qualitative Social Legal Research Research 1 What are the challenges for Indonesian prison officers implementing prison- based deradicalisation programs for X convicted terrorists?
2 What are Indonesian prison officers’ views on the establishment of a special prison for convicted terrorists in X Indonesia?
3 What strategies can be used to improve the role of Indonesian prison officers in implementing prison-based X X deradicalisation programs?
3.1.2 Qualitative Social Research Methodology: Empirical Legal Research Qualitative and quantitative research methodologies play an important role and have long histories in the development of the social sciences. Both methodological approaches have been widely used in the development of many specific fields of social science such as economics, politics, and psychology. Qualitative and
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quantitative research methodologies have different approaches, which include but are not limited to differences in philosophical and theoretical approaches, aims or purposes, and techniques. Selecting which methodology, and the methods to use (qualitative, quantitative, or mixed) depends on the issues, research problems, and, most importantly, the proposed research questions.
Use of qualitative or quantitative social methodologies to study law is a relatively new phenomenon, starting in the 19th century. These methods can be used to seek a specific issue within a legal context, so both methodologies are widely employed in many studies. This applies to both the public law and the private law fields (Burton, 2013; Cownie & Bradney, 2013). In the Australian context, non-legal methodology has been used by scholars such as White, Dean, and Mackenzie, who used qualitative methodological approaches in their studies (Hutchinson, 2010, pp. 130-133).
Using methods from other disciplines for legal research is defined as conducting empirical legal research (Burton, 2013, p. 55) or non-doctrinal legal research (Hutchinson, 2010; Leeuw & Schmeet, 2016), or socio-legal studies (Banakar & Travers, 2005; Cownie & Bradney, 2013). Drawing from the literature on the use of qualitative social methodology in the legal context, this study is a work of empirical legal research. Although this study could also be classified as socio- legal research, empirical legal research is more appropriate because it employs focus group methods for data collection, which are classed as empirical work. According to Cownie and Bradney (2013, p. 45), conducting socio-legal research is not always empirical. For this reason, this study is classified as empirical legal research.
An empirical legal researcher, according to Burton (2013, p. 58), can adopt different research techniques and strategies that broadly fall into the qualitative and quantitative definitions. Various methods such as in-depth interview, focus group, questioners, and case study are available and can be used to answer the proposed research questions. The critical point for an empirical legal researcher is deciding the appropriate methodological approach for the research questions.
3.1.3 Legal Research: Policy and Law Reform Research Besides using a qualitative social research methodology, legal research was also used in this study, particularly to develop arguments for Research Question 3.
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This methodological approach was required to examine a potential policy or legal reform related to the role of Indonesian prison officers in implementing the prison- based deradicalisation program. Hence, in examining Research Question 3, empirical legal research and legal research were combined. Referring to the review of Hanley et al. (2016), the results from empirical legal research are used to identify possible legal or regulation reforms. In this regard, Hanley et al. concluded that empirical research contributes to law reform by “identifying and evaluating reform options to redress the problem” (Hanley, Fileborn, Larcombe, Henry, & Powell, 2016, p. 559).
To identify strategies to improve the role of Indonesian prison officers in implementing prison-based deradicalisation programs, this research applied the frameworks of policy and law reform research. According to Hutchinson (2010), policy research and law reform research are categorised as additional legal research frameworks, along with theoretical research. By using the frameworks of policy and law reform research, relevant laws and regulations were identified and then analysed to decide whether the provisions require amendment, or whether new provisions are needed to solve identified problems.
3.2 RESEARCH SITE
As mentioned in Chapter 2, a number of Indonesian prisons and detention centres hold terrorist inmates. Three of these prisons were selected as the research sites: Cipinang, Pasir Putih Nusakambangan, and Surabaya prisons. These prisons were selected because they hold significant numbers of terrorist prisoners compared to the numbers held in the other prisons and detention centres. Figure 3.1 shows the geographical positioning of the research sites in Indonesia.
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Figure 3.1 The Research Sites
Source: adapted from http://4.bp.blogspot.com/-cPZhivuKlmU/Tk- i0t2qnDI/AAAAAAAAD-w/wW0vjRxCQsc/s1600/peta-indonesia.jpg
According to the online data of the Directorate General of Corrections (DGC) to August 2015, the largest number of convicted terrorist inmates was in Pasir Putih Nusakambangan Prison, which then held 37 individuals, followed by Cipinang Prison with 23 individuals, and Surabaya Prison with 12 individuals. The 10 prisons and detention centres that held the largest number of terrorist convicts in Indonesia at this time were Pasir Putih Nusakambangan, Cipinang, Batu, Cibinong, Semarang, Tanggerang, Surabaya, Kembang Kuning, and Permisan Prisons (Figure 3.2). There is also one detention centre that holds a significant number of terrorist inmates: Jepara Detention Centre.
At August 2015, the number of terrorist inmates in Surabaya prison was lower than that in Batu Nusakambangan Prison, Cibinong Prison, Semarang Prison, and Tangerang Prison. Both Batu Nusakambangan Prison and Cibinong Prison held 19 individuals, whereas Semarang and Tangerang prisons held 18 and 13 individuals, respectively. Besides its significant number of terrorist inmates, Surabaya prison was
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selected because a previous study found that this prison is successfully managing terrorist prisoners and achieving the goals of a prison-based deradicalisation program (Andrie, 2011, p. 9). In evaluating the implementation of the prison-based deradicalisation program in Surabaya prison, Andrie’s study concluded that terrorist prisoners are likely becoming “softer” and more willing to cooperate in the prison (Andrie, 2011, p. 10). Examining the experiences of Surabaya’s prison officers is therefore valuable in order to gain insights into the implementation techniques used in this prison.
Figure 3.2 The Ten Indonesian Prisons with the Largest Number of Terrorist Prisoners
40 35 30 25 20 15 10 5 0
Geographically, the three selected prisons are all located in the area of Java. Pasir Putih Prison is one of the prisons on Nusakambangan Island, which is in Central Java Province. Cipinang Prison is in the capital city of Jakarta, and Surabaya prison is located in Surabaya in East Java Province.
3.3 PARTICIPANTS AND THEIR RECRUITMENT
Participants in this study were selected using a purposive sampling method. This method is normally adopted for focus group research (Liamputtong, 2011, p.
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50), and the investigated topic is shaped by a specific group of participants, in this case, Indonesian prison officers. The participants provided firsthand information, generating the desired data.
Besides working in the selected prisons, the participants had taken part in the duties and responsibilities associated with rehabilitating terrorist inmates. In addition, work experience was also considered as a selection criterion: participants had to have a minimum of 2 years of relevant work experience.
Therefore, the criteria that the Indonesian prison officers had to meet for the focus group were:
(1) To have duties and responsibilities associated with prisoners’ rehabilitation and/or deradicalisation, including terrorist inmates.
(2) To have a minimum work experiences of 2 years.
Other factors outside these criteria were not considered in the selection of participants. For instance, age, religion, or gender were not taken into consideration because they were considered not relevant to the subject of this study.
Once the sampling method was selected, the next step was to recruit qualifying participants. This involved three stages: obtaining formal permission from the authorities, discussing the research project with the prison directors, and then recruiting the participants.
Obtaining formal permission from the authorities is critical because it can lend credibility to the research (Minichiello, Aroni, & Hays, 2008, p. 171). A formal request letter was sent to the Director General of Corrections of the Republic of Indonesia (see Appendix B and Appendix C). The letter included a summary of the research proposal, the Ethics Certificate from QUT, participant criteria, and a consent form for the participants.
The letter was given to the Director General of Corrections, I Wayan K Dusak, personally in his office in Jakarta. During the meeting, the research project was discussed. The DGC of the Republic of Indonesia issued a formal permission letter, Letter Number: 02 PAS.DL 01-542, September 23, 2015 (see Appendix D and Appendix E). The letter was signed by Endang Sudirman, the Secretary of the DGC of the Republic of Indonesia. In accordance with the request, the researcher was
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granted formal permission to conduct fieldwork in three prisons: Pasir Putih Nusakambangan Prison, Cipinang Prison, and Surabaya Prison.
To comply with the requirement stated in the formal permission letter, the next step was to discuss the research project with the prison directors of the selected prisons. A formal permission letter from the DGC of the Republic of Indonesia was addressed to each prison director or to the prison authorities. The researcher explained that the research project would conduct a focus group with the prison officers who had had relevant responsibilities for at least 2 years. The prison directors then passed this request to qualifying potential participants. As a result, several eligible prospective participants were available in each selected prison.
Once prospective participants were determined, the next step was recruitment. The candidates were asked individually about their willingness to participate in this study, and particularly to engage in the focus group discussion. They were asked directly in random order at the research site. Through this process, 13 prison officers were selected to participate in the series of focus groups. I provided an Information Sheet (see Appendix F) to the research participants. The sheet contained background to the research, a summary of the research proposal, and necessary information about the research. All participants signed the Consent Form (see Appendix G) that informed them of their rights as research participants.
3.4 DATA AND LEGAL MATERIALS
This study used data and legal materials for answering research questions. As the research questions in this study required different methodological approaches, the connections among research questions, data and legal materials should be clarified.
As discussed previously, because qualitative social research methodology was employed specifically for investigating and analysing both research questions 1 and 2, either primary or secondary data were used. Specifically, data from focus groups, the research diary, and states documents were used. On the other hand, data and materials for legal research were combined in examining Research Question 3. Materials for legal research were also used because legal research was applied to answer Research Question 3. The materials included primary legal materials, secondary legal materials, and non-legal materials. Primary legal materials such as Indonesian laws, regulations, and policies surrounding the issue of terrorist
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rehabilitation were used as the first preference. Secondary legal materials such as legal journals and textbooks were used. In addition, to enhance arguments and recommendations, non-legal materials or non-legal literature were also used.
Table 3.2 summarises the correlation between the research questions, the data, and the legal materials used in this study. Data collection methods are presented in Section 3.5, and the collection methods for legal and non-legal materials are presented in Section 3.6.
Table 3.2 The Correlation between Research Questions, Data, and Materials
Empirical Legal Research Legal Research
Research Primary Secondary Question Non-Legal (RQ) Primary Data Secondary Data Legal Legal Materials Materials Materials
RQ1 Focus group, Previous studies, complemented official reports, by research and state diary documents
RQ2 Focus group, Previous studies, complemented official reports, by research and state diary documents
RQ3 Focus group, Previous studies, The ATL, Legal Non-legal complemented official reports, the ATFL, literature literature by research and state and other (e.g. journal diary documents relevant articles, laws and textbooks, regulations. proceedings, websites, encyclopaedi as)
Note: ATL = Anti-Terrorism Law; ATFL = Anti-Terrorism Financing Law
54 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
3.5 DATA COLLECTION METHODS
In line with the use of a social research methodology, this study used two main types of data: primary and secondary. Primary data were collected through focus group discussions. To increase the trustworthiness of the data collected, a research diary was also used to record fieldwork activities and prominent insights related to the topic of this study (Duong, 2010). Moreover, secondary data were collected through literature searches.
3.5.1 Primary Data Focus Groups In relation to the selection of a data collection method in a study or a research project, Silverman (2013, p. 6) demonstrated that choosing the method of data collection is not about “right” or “wrong”. It is always about “more or less appropriate” (Silverman, 2013, p. 6), and then it must be justified within the practical and analytical issues (Silverman, 2013, p. 48). In this context, the focus group was used as a primary data collection method for this study. Throughout the fieldwork phase, three focus groups with Indonesian prison officers were conducted.
The focus group was selected as data collection method because this methodology is an “ideal” approach for examining the stories, experiences, points of view, beliefs, needs, and concerns of individuals (Kitzinger, 2005, p. 57). Moreover, focus groups were appropriate for this study because they were useful for exploring the gap between what Indonesian prison officers say and what they do regarding terrorist rehabilitation or deradicalisation (Conradson, 2005, p. 131). Further, the literature recognises conducting focus groups as more efficient than conducting personal interviews, as concluded by Liamputong (2011, p. 7) and Morgan (1997, pp. 13-14). On the other words, one of the strengths of the focus group is its relative efficiency.
However, using focus groups as a data collection method has its weaknesses. Referring to the work of Sussman et al. (1991) on a program for adolescent tobacco use cessation, Morgan (1997, p. 15) explained that “the concerns for focus groups include both a tendency toward conformity, in which some participants withhold things that they might say in private, and a tendency towards ‘polarisation,’ in which some participants express more extreme views in a group than in private”. In dealing
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with the issue of conformity, I tried to accommodate the wishes of participants and to make them feel as comfortable as possible. For instance, I stated at the beginning of the focus group that opinions among the participants might differ, but that this was fine because each individual had different experiences. Furthermore, for the convenience of participants, prior to conducting the focus group, I asked about the venue and whether they preferred the discussions to be conducted within or outside the prison, such as in a restaurant or a rented room. All participants agreed to and were happy for the focus group to be conducted within the prison. Practically, this was beneficial for me because it saved time on venue setup and because the discussion could be scheduled when participants were not working. I also asked the participants whether they were willing for the discussion to be recorded. The participants expressed no objection to recording of the discussion.
In dealing with the issue of polarisation, as the moderator I tried to manage discussions carefully and to stimulate the participants to engage actively in the discussions. No single participant expressed any extreme views while discussing the questions. Participants were not asked questions individually; rather, they were encouraged to discuss the issues and to share their own ideas. As noted by Wilkinson (2011, p. 169), “although focus groups are sometimes referred to as ‘group interviews’, the moderator does not ask questions of each focus group participant in turn but, rather, facilitates group discussion, actively encouraging group members to interact with each other”. However, if a particular participant did not express an opinion on a topic, they were then asked individually for a comment, even if it was only a short comment, such as agreement, disagreement, objection, or satisfaction.
Focus group discussions were conducted to discuss three related issues:
1. Indonesian prison officers’ challenges while implementing deradicalisation.
2. Indonesian prison officers’ views on the establishment of a special prison for terrorist prisoners.
3. The needs of Indonesian prison officers in implementing terrorist rehabilitation programs.
To guide the discussion, a set of primary questions were prepared, since semi- structured focus groups were chosen as the data collection tool (see Appendix A: Question Guide for Focus Groups). These questions led to the several issues
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surrounding the rehabilitation of terrorist prisoners. For instance, what are the challenges for rehabilitating and supervising terrorist prisoners? Do you know about the deradicalisation program? What do you think about the establishment of a special prison for convicted terrorists? What should be considered by the government when rehabilitating terrorist convicts inside the prisons? Note that the questions probed the experiences and perspectives of prison officers while dealing with terrorist inmates in the prison facilities.
A series of focus groups was carried out in November 2015 and June 2016. It started in Cipinang Prison on 1 November 2015, then in Pasir Putih Nusakambangan Prison on 2 November 2015. The last session was conducted in Surabaya Prison on 25 June 2016. The focus groups took about one hour each on average. After the focus group was completed, all participants were given an incentive to compensate their time and effort in taking part in the focus group. Participants received IDR250,000.00 (equal to AUD25.00) to be used for a dinner in a local restaurant. The details of these focus groups are presented in Table 3.3.
Table 3.3 Details of Focus Group Discussions
Prison Province/State Venue Duration Date/Month/Year
Cipinang Jakarta Inside the prison 1:17:14 01/10/2015
Pasir Putih Central Java Inside the prison 1:27:39 02/10/2015
Surabaya East Java Inside the prison 0:44:39 25/06/2016
To determine whether a follow-up session was needed, saturation theory was applied (Liamputtong, 2009). After the third session of the focus group, it was determined that a subsequent session was not needed because additional information on the issue was no longer generating new understanding (Morgan, 1997). Reliable answers to the research questions were gained from these three sessions of the focus groups. Therefore, the research moved to next step, coding and analysing the data, followed by writing up (Kitzinger, 2005).
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Research Diary A research diary was used to complement the focus group data. Gillham (2000) argues that a research diary is a log book to record personal notes on observations, questions, ideas, or insights. A research diary provided field notes “in action” at the time of conducting fieldwork and also represented the progress of the research. Moreover, the diary helped to increase the trustworthiness of the primary data. To ensure the quality of the diary, observations were always noted directly after the activities occurred (Duong, 2010).
During the focus groups, some important comments from the participants were noted, and some expressions and body language that indicated correlations with their ideas. Hence, the diary enhanced the data from the focus group. The research diary, however, was not used as the main source of data for this study. It was complementary to the data from focus group discussions.
3.5.2 Secondary Data Secondary data was a valuable source of deep insights into the issue being researched, providing different perspectives and ideas on the topic of Indonesia’s prison-based deradicalisation program. If secondary data used in combination with other data, it may bring important insights. In this case, secondary data enriches my empirical evidence on Indonesia’s prison-based deradicalisation programs. Moreover, state documents and official reports “helped strengthen the credibility, validity, and trustworthiness of the data collected from the field” (Duong, 2010, p. 100). Because the deradicalisation program is a national program to counter terrorism in Indonesia, the discussion of the issue needs to be contextualised. Therefore, the analysis cannot be based on primary data alone.
Secondary data used in this study comprised previous studies around the issue, official reports, and state documents such as laws, regulations, and states policies. These secondary data were mainly collected through literature methods and from the internet. However, several laws and regulations that were not available in the library were collected from state actors during fieldwork in Indonesia.
3.6 LEGAL AND NON-LEGAL MATERIALS COLLECTION METHODS
In terms of legal research, legal resources used in this study were primary and secondary legal materials, and non-legal material. Primary legal materials, according
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to Iosipescu and Whitehead (2004, p. 13), are “the records of rules laid down by those bodies vested with the authority to declare the law”. Further, secondary legal materials are “preliminary research tools that assist the student in finding, evaluating, and understanding primary materials” (Iosipescu & Whitehead, 2004, p. 73). Similar to Iosipescu and Whitehead, Watt and Johns (2009, p. 111) illustrate that the law itself is the primary legal material, while discourse about the law is the secondary legal material.
3.6.1 Primary Legal Materials The meaning of primary legal materials is not synonymous with primary data. Primary legal materials clearly denote laws issued by the states. On the other hand, primary qualitative data includes data collected from the field by, for example, conducting interviews, focus groups, or surveys. Legislation and case reports are the most common sources of primary legal materials (Bott & Talbot-Stokes, 2010, p. 9). Legislation includes not only statutes but also subordinate legislation that “is made under powers conferred by a statute” (Iosipescu & Whitehead, 2004, p. 13), such as regulations. Within the context of the Indonesian legal system, this includes government regulations and presidential regulations (Marzuki, 2011).
In line with the topic of this study, the primary legal materials used in this study were the Anti-Terrorism Law (ATL), the Anti-Terrorism Financing Law ATFL, the Correctional Institution Law (CIL), and some relevant regulations. Judicial decisions (cases) were not used in this study because they are less relevant to the objectives of the study. Primary legal materials were collected through literature and library methods. Searching on the internet was used because many laws and regulations are also available online. Primary legal materials that were not available in the library or via the internet were collected from state actors during fieldwork in Indonesia.
3.6.2 Secondary Legal Materials In this study, secondary legal materials and secondary data were the same in the form – both were textual. However, they differed in content. As explained by Iosipescu & Whitehead (2004, p. 73), secondary legal materials are materials basically used for understanding primary legal materials. Secondary legal materials were used in this study, as mentioned in the previous section. These materials
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included articles from law journals, textbooks, conference papers or proceedings, encyclopaedias, and websites. The information was basically legal in content. In contrast, the secondary data was not only legal in its content but also included broader information. In the context of the social research approach used, the secondary data covered state documents, policies, previous studies, or any other sources.
Secondary legal materials were first collected through the literature and library method, and through the internet. Particular secondary legal materials were then selected based on relevance to this study.
3.6.3 Non-Legal Materials In addition, non-legal materials were also used to assess Research Question 3. Non-legal materials on topics such as psychological, political, economic, social, and criminal justice management issues were also used. These materials are used in order “to give some guidance to the literature and information services of that particular area” (Campbell, Poh-York, & Tooher, 1996, p. 422). According to Marzuki (2016, pp. 204-206), non-legal materials are materials that are not related to the legal field; however, findings from other disciplines are often used in the legal research context to enrich and strengthen the analysis.
Similar to the collection of primary and secondary legal materials, non-legal materials were also collected through literature and library methods, and from the internet. Relevant non-legal materials were selected to provide evidence to support the identified policy recommendations and legal reform approaches.
3.7 DATA ANALYSIS
The difficult part of the qualitative research process is data analysis (Boeije, 2010, p. 82). The analysis of qualitative data consists of two main activity streams: unfolding and then structuring the data (Boeije, 2010, p. 77). Qualitative data is also challenging because “the concepts that will come to play an actual role during the analysis and in the final results are not known in advance” (Boeije, 2010, p. 83).
As stated in the section of data collection method above (Section 3.5), primary data were generated from the focus groups with Indonesian prison officers. Prior to data analysis, I acknowledged that there has been some debate on the application of
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analyses designed for other qualitative methods (e.g. in-depth interviews or semi- structured interviews) to analysis of focus group discussions. Some argue that it is inappropriate to apply such analyses to focus groups (Liamputtong, 2011, p. 172). However, others suggest that analyses designed for other qualitative methods can be applied similarly to focus groups (Liamputtong, 2011, p. 172). In this study, the second perspective was followed because my interest was the individual voices rather than the dynamic aspect of interaction within the group.
There are various ways of analysing focus group data as noted by Wilkinson (2011, p. 169): “content, thematic, ethnographic, phenomenological, narrative, experiential, biographical, discourse, or conversation analysis”. For the purposes of this study, thematic analysis was applied. According to Braun and Clarke (2006, p. 79), thematic analysis is “a method for identifying, analysing and reporting patterns (themes) within the data”. In performing the thematic analysis, I undertook six processes in line with the step-by-step guide of Braun and Clarke (2006, pp. 86-93).
3.7.1 Familiarisation with the Data Firstly, focus group data was transcribed into written form. This phase is usual for all qualitative studies in which data is generated through verbal communication such as in-depth interviews. Drawing from the existing literature, Braun and Clarke (2006, pp. 87-88) noted that this stage was “an interpretative act, where meanings are created, rather than simply a mechanical act of putting spoken sounds on paper”.
This phase was challenging and time-consuming. However, after transcription of the focus group proceedings, I had started to familiarise myself with the data. Then I read and reread the data to familiarise myself with the content. By doing this, I generated an initial list of ideas regarding the content of the data.
3.7.2 Generating Initial Codes After data familiarisation, I started coding. Coding is necessary in thematic analysis, and initial and axial coding are required to deconstruct data (Liamputtong, 2011, p. 173). Coding is a technique of assigning codes and sub-categories to written codes or transcripts in order to aid meaningful data retrieval (Barbour, 2008). In the early stages of coding, I started to index the information. Indexing acts “as [a] signpost to interesting bits of data, rather than representing some final argument about meaning” (Seale, 1999, p. 154).
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In this research, two sets of characters were used to index the prisons: letters and numbers. Cipinang Prison was indexed as FG1, Pasir Putih Nusakambangan Prison was indexed as FG2, and Surabaya Prison was indexed as FG3. For the confidentiality of the participants, only numbers were used. These provided specific short names for the information of focus group participants. To designate the research sites at which the focus groups were conducted, they were separated by a colon. I marked them in numerical order. For example, FG1:2 denotes information given by focus group participant number 2 in Cipinang Prison and FG3:4, denotes information given by focus group participant number 4 in Surabaya Prison. Thus the information was kept confidential but the indexing assisted in checking information in the transcript.
After the indexing, a table was created. The left column indicated data extract while the right column indicated the codes. By doing this, initial codes from the data produced.
3.7.3 Searching for Themes In this phase, broad themes were identified. I started to analyse my codes and considered how different codes could combine to form a broader theme. I used a visual method – a thematic map – to help sorting the codes into themes. At the end of this activity, I had collected some candidate themes and subthemes.
Then I grouped these candidate themes and subthemes into three main issues related to the research questions of the study:
1. The challenges to implementing the prison-based deradicalisation program.
2. The opinions regarding the establishment of a special prison for terrorist inmates.
3. The officers’ needs in the task of rehabilitating terrorist inmates.
As a result, some candidate themes and sub themes were generated to the proposed issues.
3.7.4 Reviewing Themes The next stage was reviewing the themes. I found that some candidate themes were not really themes because there was not enough data to support them, for example, the candidate theme of “payment”. I also found that some themes collapsed
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into each other; for example, the themes of “training on communication” and “training on deradicalisation” could be combined into one theme, the “direct need” of the participants. Similarly, the themes of “need other actors” and “a good collaboration with BNPT” became the theme “indirect need”.
I checked my results against the data set as a whole to ensure that my thematic map accurately reflected the meanings evident in the data set at this level (Braun & Clarke, 2006, p. 91). At the end of this stage, I found that my thematic map worked, and so progressed to the next phase of defining and naming the themes.
3.7.5 Defining and Naming Themes At this point I defined and refined the themes that I presented for the analysis. By defining and refining the themes, I identified, in the words of Braun and Clarke (2006, p. 92), “the essence of what each theme is about (as well as themes overall), and determined what aspect of the data each theme captures”. I found that most of the identified themes contained subthemes. For example, the theme of “the readiness of the prison officers” contained the subthemes of “internal factors” and “external factors”. Only one theme, “an absolute agreement”, had no subthemes. This theme related to the point of view of the focus group participants regarding the initiative of the Government of Indonesia to establish a special prison for convicted terrorists.
3.7.6 Producing the Report As the last phase of this analysis, I started to write the report for this thesis. The complicated story of my focus group data was presented in detail, showing the validity of my analysis. The three main issues were presented and supported by a set of thoroughly formulated themes.
Firstly, the challenges faced by Indonesian prison officers when implementing the prison-based deradicalisation program included the themes:
1. Terrorist prisoner personalities.
2. The readiness of Indonesian prison officers.
3. The sustainability of Indonesia’s prison-based deradicalisation program.
4. Institutional infrastructure problems.
5. Unavailability of collaborative mechanisms.
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Secondly, the establishment of a special prison for terrorist prisoners included the themes:
1. An absolute agreement.
2. Advantages and disadvantages.
3. The policy issues.
Thirdly, the needs of Indonesian prison officers in supporting their task of terrorist rehabilitation included the themes:
1. Direct need.
2. Indirect need.
3.8 ETHICAL CONSIDERATIONS
As mentioned previously, participants in this research were Indonesian prison officers who were tasked with rehabilitating terrorist prisoners. Willing participants from this particular group were invited to join a focus group. This research was designed to ensure no harm to any participants. Safety issues for this research were important because conducting research in the prison environment can be dangerous (Kraska & Neuman, 2012, pp. 82-83). Thus, ethical considerations were mandatory in this research.
I submitted an ethics application to the university ethics committee prior to conducting fieldwork. The application required a brief project summary, including the research participants and their involvement, the research questions and aims, potential risks and benefits, details of data collection (e.g. where and when the data would be collected), and how the data would be stored and reported. The application was approved by the university ethics committee with approval number 1500000642, from 29 July 2015 to 29 July 2017.
This research was assessed as “low-risk” because participants in the focus group discussions were limited to prison officers. Prisoners were not participants in this research. Moreover, participants were interviewed about their tasks and responsibilities in the normal course of their work: how they implement the programs, the challenges they face, and their needs were the main topics of the focus groups. The research did not ask about sensitive or personal topics, nor was it likely to discover illegal activities, even inadvertently or unexpectedly.
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Having correctional jobs delivering deradicalisation programs, participants were familiar with speaking to share their experiences about the implementation of the program. Participants were asked what official processes were in place to manage terrorist prisoners. In addition, participants were aware of the nature of the research before they agreed to participate; thus the level of risk was estimated as no more than the inconvenience of participating in a focus group discussion. That is, the potential risks for the proposed research was minimal but might include inconvenience. But, in order to minimise the identified risks, this research project ensured that participants were aware of the following:
1. The nature and objectives of the research.
2. Their participation in the research was voluntary.
3. They were not required to provide answers to all questions during the focus group interview.
4. Their confidentiality would be preserved throughout the research via use of codes rather than names.
5. Focus group interviews would be conducted at locations and times that were most convenient to participants.
Furthermore, participating in this research should not be made uncomfortable to them. Careful attention was paid to the questions asked of the participants. To avoid negative emotions and to ensure they experienced no discomfort or became stressed, prison officers were not asked sensitive questions. Sensitive questions such as their beliefs and the value they placed on in their personal life were not asked. The questions were designed only to gain understanding about their experiences in implementing the deradicalisation program.
In addition to ethical concerns, I also had to obtain participant consent due to the fact that this research was conducted with human subjects. Prior to the discussions, I provided information (see Appendix F) and consent forms (see Appendix G) to the participants to be signed. This is important to ensure they were aware of their rights and responsibilities as participants in the research. This is also important for the participants to gain an understanding of the purpose and usefulness of the research, as well as the way that the data would be gathered and used. Through
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this process, the participants were informed that they could withdraw from the research project at any time until the final submission.
The informed consent form was translated into Bahasa Indonesia for the participants who could not read or speak in English. Even though I explained the aim of study and the conditions of consent in Bahasa Indonesia, the version in Bahasa Indonesia had been made available for the participants. Finally, all participants had signed Bahasa Indonesia versions of the consent form.
The last concern was related to the obligation to protect the confidentiality and privacy of the participants (Hagan, 2012, p. 63). Throughout this research, discussions were anonymised. All participant names and details, such as address and date of birth, were not included in the transcripts. Identifying features were included on the consent form but were not be attached to the transcripts. This data, the recordings, and the transcripts were stored in a locked cabinet on campus. Data could only be accessed by the researcher and the supervisors.
3.9 SCOPE AND LIMITATIONS
3.9.1 Scope The scope of Indonesia’s deradicalisation program in this research was limited to the in-prison program. Investigations and analysis of deradicalisation outside the prison or after release were not included. Limiting the scope of this research was motivated by parole considerations. As Abusa (2009, p. 200) notes: “Indonesia’s justice system does not have a system of parole”. Discussions about a post-release deradicalisation program are complementary.
Additionally, in terms of radicalisation, the scope of this research was limited to Islamic radicalisation because this problem is the core of terrorism in Indonesia (Sarwono, 2012, p. 75). Empirical research has demonstrated that a number of former members of radical Islamic groups “have transformed into terrorists” (Hasani & Naipospos, 2012, p. 170).
3.9.2 Limitations This research has two limitations. The first is related to the data collection method, particularly regarding the number of focus group participants. Conducting focus groups with the prison officers in the three selected prisons was sufficient to
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address the research questions. However, it would have been beneficial to select three more prisons as research sites because of their holding significant numbers of terrorist prisoners. These facilities are Batu Prison, Cibinong Prison, and Semarang Prison (see Figure 3.1). Due to time constraints, budget and personnel, only three prisons were selected. However, as this research employed qualitative methodology, “the aim is not statistical representativeness, but instead the chance to look in detail at how selected participants experience the world” (Brinkmann, 2013, p. 59).
The second limitation relates to the proposal to compare results with the experiences of Singaporean prison officers with deradicalisation. I applied for formal permission from the Singapore Prison Service (SPS) to conduct research but the application was rejected. In this case, the second limitation was the unfortunate outcome of the application to conduct fieldwork in the Changi Prison complex in Singapore. Therefore, a comparison between Indonesian and Singaporean prison officers’ experiences and perspectives of the implementation of deradicalisation programs was not possible. Nevertheless, an opportunity for a rigorous further research project remains. If intergovernmental cooperation and further funding can be secured, a comparative study is likely to be conducted. This comparative study could extend beyond Indonesia and Singapore to include other South East Asian countries that have implemented prison-based deradicalisation programs, such as Malaysia, the Philippines, and Thailand.
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Legal Frameworks
Barely a month after 9/11, the federal government introduced a massive anti- terrorism bill that for the first time created and defined crimes of terrorism under Canada’s Criminal Code. The bill’s definition of terrorism was clearly inspired by the United Kingdom’s Terrorism Act 2000 in requiring proof of religious, ideological, or political motive and the commission of a broad range of harms that went well beyond violence against civilians. (Roach, 2005, p. 513)
As noted in the above quotation, the incident of 9/11 in the year of 2001 caused the Canadian Government to define terrorism crimes under its Criminal Code. Besides Canada, many countries have responded to the 9/11 attack with tough new laws on counterterrorism. However, introducing new anti-terrorism laws in some countries, including in Indonesia, provoked debates about the appropriate response to the incident in the USA (Roach, 2011, pp. 2-3). Indonesia, according to Roach (2011, p. 3), “refused to enact a draft law on anti-terrorism law that would have brought back some repressive Soeharto-era practice”. However, the government then enacted an anti-terrorism law immediately after the Bali bombings in October 2002.
This chapter describes Indonesian laws that have been promulgated specifically to prevent and supress acts of terrorism and terrorism financing. The purpose of this chapter is to provide an understanding of the Indonesian laws relevant to this study. Two laws discussed in this chapter. They are Indonesian Law No. 15 of 2003 in conjunction with Government Regulation in Lieu of Law Number 1 of 2002 on the Eradication of the Crime of Terrorism (the Anti-Terrorism Law – [ATL]) and Law No. 9 of 2013 on the Prevention and Eradication of the Crime of Terrorism Financing (the Anti-Terrorism Financing Law – [ATFL]). There are many provisions outlined in these laws; however, this chapter primarily investigates the provisions that relate to the topic of this study.
The first section of this chapter (Section 4.1) discusses the ATL. It also provides some of the interactions between the ATL and the ATFL. The ATFL is then
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discussed (Section 4.2). Finally, the last section (Section 4.3) provides a summary of the chapter.
4.1 INDONESIA’S ANTI-TERRORISM LAW
4.1.1 Introduction A special law on terrorism was enacted by the Indonesian Government shortly after the first Bali bombing on 12 October 2002. President Megawati Soekarnoputri announced the Government Regulation in Lieu of Law No. 1 of 2002 on the Eradication of the Crime of Terrorism (Perpu No. 1 tahun 2002 tentang Pemberantasan Tindak Pidana Terorisme) and the Government Regulation in Lieu of Law No. 2 of 2002 on the Application of Government Regulation in Lieu of Law No. 1 of 2002 on the Eradication of the Crime of Terrorism for the Bombing Acts in Bali on the 12th October 2002 (Perpu No. 2 tahun 2002 tentang Pemberlakuan Perpu No. 1 tahun 2002 tentang Pemberantasan Tindak Pidana Terorisme pada Peristiwa Peledakan Bom di Bali pada Tanggal 12 Oktober 2002). These laws were introduced and enacted on 18 October 2002. The reasons of the promulgation of these emergency laws are (Juwana, 2006, pp. 295-296):
First, terrorism had “claimed human lives intolerably and raised widespread fear among the community [and] caused loss of freedom and damage of property”. Second, terrorism had maintained extensive networks, posing a threat to national and international peace and security. Third, national legislation was required to implement international conventions relating to terrorism. Lastly, the Anti-Terrorism Law was a matter of urgency because existing legislation in Indonesia was inadequate and failed to deal comprehensively with combating criminal acts of terrorism.
These laws are “emergency” laws because they were issued by the president. Ordinarily, laws can be issued only by the House of Representatives, with the approval of the President. However, under emergency legislative powers, the President can issue Government Regulations in Lieu of Law. According to Article 7 (1) Law No. 12 of 2011 on the Making of Laws and Regulations, Government Regulations in Lieu of Law have authority equivalent to Law. Pursuant to Article 7 (1) of the law, the hierarchy of Indonesian law is:
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a. The 1945 Constitution.
b. The People’s Consultative Assembly Decree.
c. Law/Government Regulation in Lieu of Law.
d. Government Regulation.
e. Presidential Regulation.
f. Provincial Regional Regulation.
g. Municipal or Regency Regulation.
Government Regulations in Lieu should be approved by the House of Representatives in subsequent sessions. If a law is not approved, it shall be revoked as prescribed in Article 22 of the 1945 Constitution (Marzuki, 2011).
Referring to Law No. 12 of 2011 on the Making of Laws and Regulations and the 1945 Constitution, Government Regulation in Lieu of Law No. 1 of 2002 and Government Regulation in Lieu of Law No. 2 of 2002 are two examples of the implementation of emergency legislative power by the President. These emergency laws were then adopted by the House of Representatives through Government Regulation in Lieu of Law No. 1 of 2002 as Law No. 15 of 2003 and Government Regulation in Lieu of Law No. 2 of 2002 as Law No. 16 of 2003 at its next session on 4 April 2003.
Based on the theoretical framework of criminal law sources, terrorism is categorised as a specific crime. In terms of specific crimes, it is accepted as general knowledge in criminal law and criminal justice science that crimes are divided into two types: general crimes and specific crimes (Arief, 1998; Hamzah, 1994; Moeljatno, 1989; Soedarto, 1991). General crimes are criminal acts according to the penal codes, whereas specific crimes are nominated criminal acts according to specific acts or laws. As a consequence, terrorism is a specific crime because it is based on Indonesian Law No. 15 of 2003 on the Eradication of the Crime of Terrorism. Many crimes are classed as specific crimes in Indonesia. Corruption, for instance, is a specific crime because it is based on Indonesian Law No. 31 of 1999 about the Eradication of Corruption, while crimes such as murder, theft, and robbery are general crimes based on the Indonesian Penal Code.
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4.1.2 The Substance of Indonesia’s Anti-Terrorism Law The Law No. 15 of 2003 in conjunction with Government Regulation in Lieu of Law No. 1 of 2002 on the Eradication of the Crime of Terrorism, known as Indonesia’s Anti-Terrorism Law (ATL), consists of eight chapters and 47 articles. The content covers acts of terrorism; other acts related to acts of terrorism; investigation, prosecution, and the trial session; compensation, restitution, and rehabilitation; and international cooperation. In the context of this research, the investigation focuses on criminal acts of terrorism under the ATL. A detailed discussion of criminal acts of terrorism under the ATL is presented in Subsection 4.1.3.
Chapter I of the ATL is the general provision. This chapter defines specific terms that are used in the ATL, such as the definition of the act of terrorism. Article 1 (1) states that: “The crime of terrorism is any act that fulfils the elements of a crime under this Government Regulation in Lieu”. However, this is not a literal definition. It defines the scope of acts of terrorism related to the provision in the law itself. The criminal act of terrorism is formulated in Chapter III of the ATL.
Besides the criminal act of terrorism, the ATL also stipulates other criminal acts related to the acts of terrorism (see Chapter IV). These acts are offences particularly conducted while criminal justice processes are ongoing. For example, intimidation of investigators, public prosecutors, lawyers, or judges who are examining terrorism offences is an offence under Article 20 of the ATL that carries a minimum sentence of 3 years and a maximum of 15 years. In other examples, sentences of 3 years minimum and 15 years maximum apply for providing false testimony in a trial of a criminal act of terrorism, for submitting false material evidence, or for attacking a witness or the officials in a trial of a criminal act of terrorism. In several special criminal acts, the formulation of the crime related to the main offence is included. For instance, the Anti-Corruption Law (Law No. 31 of 1999)5 and the Anti-Money Laundering Law (Law No. 8 of 2010)6 have provisions about other offences that relate to the main offences of the specific type of crime. The offences are commonly related to criminal acts that are conducted while criminal justice procedures are undertaken.
5 See Chapter 3 of the Law No. 31, 1999. 6 See Chapter 3 of the Law No. 8, 2010.
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The provision on jurisdiction of the ATL is stipulated in Chapter II. The applicability of the ATL is based on the territorial principle and the extra territorial principle. The law, therefore, is not only applied to criminal acts of terrorism conducted in the territory of the Republic of Indonesia7 (territorial principle) but also to acts conducted in other countries (extraterritorial principle), provided the victims are Indonesian citizens8; acts that are directed at Indonesian government facilities, including premises of diplomatic or consular officials9; or acts conducted on board a vessel under the flag of Indonesia or an aircraft that is registered under Indonesian laws.10 Santoso (2013, p. 93) points out that “the law is expected to be able to effectively reach the crimes of terrorism defined in its content, which are committed beyond the territorial limits of the State of the Republic of Indonesia”. An important aspect of the ATL is its scope. The law confirms that the ATL does not apply to political criminal acts (Atmasasmita, 2012, p. 10; Juwana, 2006, p. 297). This exclusion of political crimes is also formulated in Chapter II of the ATL.11
Chapter V contains relevant criminal procedure law. Because terrorism is a special crime, the ATL contains provisions for some exceptions to criminal procedure law that are not available in the Penal Procedure Code (Law No. 8 of 1981). The exceptions apply to all stages of criminal procedure law: the investigation, the prosecution, and within the trial session; hence, the ATL confers on investigators, public prosecutors, and judges some extraordinary powers (Juwana, 2006, p. 398). Nevertheless, if not regulated specifically in the ATL, the criminal procedure law for the crime of terrorism still refers to the Penal Procedure Code (Law No. 8 of 1981).12 Among others, a provision that attracts concern from academics is the use of any intelligence report as preliminary evidence (Atmasasmita, 2012, p. 129; Butt, 2009, p. 15; Santoso, 2013, p. 99), which is allowed by the ATL.13 However, determination of the adequacy of preliminary
7 See Article 3 (1), ATL. 8 See Article 4 (a), ATL. 9 See Article 4 (b), ATL. 10 See Article 4 (e), ATL. 11 See Article 5, ATL. 12 See Article 25 (1), ATL. 13 See Article 26 (1), ATL.
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evidence is based on an inquiry process by the Head or Deputy Head of the District Court, and is conducted in closed session.14
Chapter VI of the ATL contains provisions on compensation, restitution, and rehabilitation. Rights for compensation and/or restitution are granted to victims15, meanwhile rights for rehabilitation are granted to the accused if they are found not guilty by the court.16 Chapter VII contains a provision on international cooperation. Therefore, Chapter VII relates to Chapter II of the ATL on jurisdiction. As noted by Santoso (2013, p. 93) and Juwana (2006, p. 398), the provision of international cooperation in the ATL reinforces the law on acts of terrorism committed extraterritorially.
Chapter VIII is the ATL’s final chapter. It contains the concluding provision. In Article 47, it states that this law has binding power since the law was issued on 18 October 2002. In contrast, Article 46 states that the ATL may be applied retroactively. This is a controversial provision because it contradicts the main criminal law principle of non-retroactivity.
Based on the provision of Article 46, the ATL could be used to prosecute acts of terrorism conducted before the promulgation of the law. The implementation is based on the law or government regulation in lieu of law, such as the promulgation of the Government Regulation in Lieu of Law No. 2 of 2002 on the Application of Government Regulation in Lieu of Law No. 1 of 2002 on the Eradication of the Crime of Terrorism for the Bombing Acts in Bali on 12 October 2002. However, the application of the retrospectivity principle to arrest and prosecute several terrorist suspects in connection with the first Bali bombing has faced challenges. Masykur Abdul Kadir, a defendant in the case of Bali Bombing 1, submitted a judicial review on the Law No. 16 of 2003 on the Stipulation of Government Regulation in Lieu of Law No. 2 of 2002 on the 12 October 2002 Bali Bombing as a Law. A ruling of the Indonesian Constitutional Court stated that the Law No. 16 of 2003 was unconstitutional because it contradicts the 1945 Constitution. As a consequence, this law did not have any binding power (Santoso, 2013). Nevertheless, the issue of applying a law retroactively is still debated (Santoso, 2013, p. 97).
14 See Article 26 (2) and (3), ATL. 15 See Article 36, ATL. 16 See Article 37, ATL.
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4.1.3 The Crime of Terrorism under the Anti-Terrorism Law In line with the context of this research, investigation focuses on acts that constitute terrorism under the ATL. Under the ATL, there are some acts categorised as terrorism, but this law does not define what terrorism is. Yet, as stated previously, Article 1 (1) states that: “The crime of terrorism is any act that fulfils the elements of a crime under this Government Regulation in Lieu”. Although Chapter III of the ATL on the “Criminal Act of Terrorism” covers articles 6 to 19, the acts of terrorism are set out from Articles 6 to 16. In addition, Articles 17 and 18 cover the application of the ATL to corporations, while Article 19 covers sentencing guidance for the juvenile perpetrators.
As a consequence, if someone’s acts fulfil the elements of crime as formulated in articles 6 to 16 of the ATL, they can be prosecuted as terrorists. The same holds true for corporations and juveniles. If the acts of corporations or juveniles fulfil these elements of crime as formulated in articles 6 to 16 of the ATL, they can be prosecuted as terrorists. However, the application of the criminal responsibility and criminal sanctions for a corporation suspect are based on Articles 17 and 18. Meanwhile, the application of the criminal responsibility and criminal sanctions for a juvenile suspect are based on Article 19, which stipulates that suspects of terrorism acts who are under 18 years old cannot be subject to the death penalty, life imprisonment, or the stipulated minimum imprisonment (see Figure 4.1).
Moreover, from the provisions of Articles 6 to 16, terrorism is defined generally in Articles 6 and 7. Article 6 states that (Butt, 2009, pp. 2-3):
Any person who by intentionally using violence or threats of violence, creates a widespread atmosphere of terror/fear or causes mass casualties, by taking the liberty or lives and property of other people, or causing damage or destruction to strategic vital objects, the environment, public facilities or international facilities, faces the death penalty, or life imprisonment, or between four and 20 years’ imprisonment.
Furthermore, Article 7 states that:
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Any person who by intentionally using violence or threats of violence, intends to create a widespread atmosphere of terror/fear or causes mass casualties, by taking the liberty or lives and property of other people, or causing damage or destruction to strategic vital objects, the environment, public facilities or international facilities, faces imprisonment for a maximum of life imprisonment.
As a consequence, a perpetrator can be charged under Article 6 of the ATL if the acts resulted in taking lives, or property, or causing damage or destruction (Atmasasmita, 2012, p. 9). In contrast, these results are not needed if the perpetrator is charged under Article 7 of the ATL. If someone intends to perform acts that use violence where such actions may create an atmosphere of terror in the society, they can be charged under Article 7 (Atmasasmita, 2012, p. 11). Due to this differentiation, Atmasasmita (2012, pp. 9-11) has noted that Article 6 and Article 7 have different qualifications. Article 6 is categorised as delik materiil while Article 7 is qualified as delik formiil. These qualifications (delik materiil or delik formiil) are based on the focus of the provision on whether a result is stipulated as an element of the crime or not. From criminal law theory, delik materiil means that the focus is on the results of the prohibited acts; on the other hand, delik formiil means that the focus is on the acts that are prohibited, regardless of their results (Hamzah, 1994; Moeljatno, 1989).
Besides the qualification of the acts, the differences between Articles 6 and 7 are the maximum penalties. The maximum penalty in Article 6 is capital punishment, while in Article 7 it is life imprisonment. Atmasasmita (2012, p. 11) argued that formulation of life imprisonment as the maximum imprisonment in Article 7 is not fair because the result of the acts has not been considered. This argument implies that the formulation of criminal sanction in Article 7 needs further evaluation and potentially amendment.
In addition to articles 6 and 7, a range of specific acts of terrorism is also defined under the ATL. Article 8 covers “a range of offences relating to various aspects of aviation security” (Juwana, 2006, p. 296) and provides “the same penalties as Article 6 – that is, death, life imprisonment, or between four and 20 years’ imprisonment – to people who” (Butt, 2009, pp. 4-5):
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a. destroy, make unusable or damage air traffic safety buildings or thwart efforts to make those building secure; b. cause destruction to, the non-usability of, or damage to air traffic safety buildings, or thwart efforts to make those building secure; c. intentionally and illegally destroy, take or move signs or equipment for flight safety; make the signs or equipment fail to work; or install the incorrect signs or equipment; d. by omission, cause signs or equipment for flights safety to be destroyed, damaged, taken or shifted, or to cause the installation of the incorrect signs or equipment for flight safety; e. intentionally and illegally destroy or render unusable an aircraft owned entirely or in part by another person; f. intentionally and illegally cause an aircraft to have an accident; or destroy, make unusable or damage an aircraft; g. by omission, cause an aircraft to have an accident; or destroy, make unusable or damage an aircraft; h. with intention enrich oneself or another illegally, obtain insurance and cause the burning, explosion, destruction, damage or inoperability of an aircraft insured against danger, [loss of] its cargo, or [loss of] income from the receipt of its cargo; i. in an aircraft by means of an illegal act, seize or take control the aircraft in flight; j. in an aircraft with violence, threats of violence, or threats of another kind, seize or take control the aircraft in flight; k. as a part of a conspiracy with another person, and with premeditation, cause serious injury to a person or damage to an aircraft thereby endangering the flight, with intent to steal the independence of a person; l. intentionally and illegally commit an act of violence against a person on an aircraft during a flight, if that act could jeopardise the safety of the aircraft; m. intentionally and illegally damage an official aircraft or cause damage to that aircraft so that it cannot fly or jeopardises the safety of the flight; n. intentionally and illegally put in place or causes to be put in place on an official aircraft, using any means, equipment or materials which
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could damage the aircraft, making it unable to fly or causing damage to that aircraft which could jeopardise safety on the flight; o. as a part of conspiracy with another person, with premeditation, and causing serious injury to a person, perform the acts referred to in (l); (m); and (n); p. provide false information, knowing that the information is false, which jeopardises the safety of an aircraft in flight; q. in an aircraft, perform an act which could jeopardises the safety of the aircraft in flight; r. in an aircraft, perform an act which could disrupt the order and procedures of the aircraft in flight.
Although elucidation of Article 8 mentions that Article 8 elaborates on the provisions contained in Chapter XXIX A of Book II the Indonesian Penal Code (Kitab Undang-undang Hukum Pidana – [KUHP]), Article 8 is almost “a word-to- word reproduction of the Articles 479 (a) to (r) of the KUHP” (Butt, 2009, p. 5). Another specific terrorism-related offence is stated in Articles 9 and 10 of the ATL.
Article 9 covers explosives, firearms, and ammunition offences relating to terrorism (Juwana, 2006, p. 296). Article 10 describes the use of chemical, biological, and other weapons (Juwana, 2006, p. 296). Both articles do not focus on the result of the acts, so could be categorised as delik formiil (Atmasasmita, 2012, p. 14 and 16). Article 9 states that (Butt, 2009, p. 5):
Any person who illegally brings into Indonesia, makes, accepts, attempts to obtain, transfers or tries to transfer, controls, carries, has supply of, possesses, stores, transports, hides, uses or takes to or from Indonesia: a firearm, ammunition, explosives or other dangerous materials with intent to perform an act of terrorism, faces the death penalty, life imprisonment, or between 3 and 20 years’ imprisonment.
Article 10 states that (Butt, 2009, p. 6):
Any person who intentionally uses chemical weapons, biological weapons, radiology, micro-organism, or radioactivity or its components, thereby
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causing an atmosphere of terror or widespread fear, causing mass casualties, endangering health, disrupting the life, security and rights of people, or damaging strategic vital objects, the environment, public facilities or international facilities, faces the same penalty as contained in Article 6.
Article 9 is adapted from Article 1 (1) of Indonesia’s Emergency Law No. 12 of 1951 on the Possession of Firearms and Explosives by adding the specific element of an intent to perform an act of terrorism (Atmasasmita, 2012, p. 14). On the other hand, Article 10 is a new formulation scoping acts of terrorism in the Indonesian legal regime, along with Articles 6, 7, 11, and 12 (Atmasasmita, 2012, pp. 16-17).
Offences for financing any criminal acts of terrorism under the ATL are formulated in articles 11 and 13. However, Article 11 was repealed after the Law No. 9/2013 on the Prevention and Eradication of Criminal Acts on Financing Terrorism had been promulgated. Article 13 (1) has also been repealed. These repeals occurred because the content of these articles is more relevant to the new law on terrorism financing: Law No. 9 of 2013 on the Prevention and Eradication of Criminal Acts on Financing Terrorism known as Indonesia’s Anti-Terrorism Financing Law (ATFL). This law is discussed is more detail in Section 4.2.
Like Article 11, which has been revoked, Article 12 of the ATL prohibits providing or collecting assets intentionally that could be used, partly or wholly, for terrorism acts. However, this article has not been repealed after the promulgation of the ATFL. In detail, Article 12 states that (Butt, 2009, pp. 6-7):
Any person who supplies or collects assets to be used, or which that person should have known will be used, entirely or in part to perpetrate the following, between three and 15 years’ imprisonment: a. illegally accepting, possessing, using, transferring, altering, or disposing of nuclear materials, chemical weapons, biological weapons, radiology, microorganisms, or radioactivity and its components that cause or could cause death or serious injury or damage to property. b. stealing or seizing nuclear materials, chemical weapons, biological weapons, radiology, microorganisms, or radioactivity and its components.
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c. smuggling or obtaining illegally nuclear materials, chemical weapons, biological weapons, radiology, micro-organisms, or radioactivity and its components. d. seeking through force, threat of force or any form of intimidation nuclear materials, chemical weapons, biological weapons, radiology, microorganisms, or radioactivity and its components. e. threatening to 1) use to nuclear materials, chemical weapons, biological weapons, radiology, microorganisms, or radioactivity and its components to cause death, serious injury or property destruction. 2) perpetrate the crime referred to in (b) in order to force another person, international organization, or other state to do something or refrain from doing something. f. attempting to perpetrate the crimes referred to in (a), (b), or (c). g. participating in the perpetration of the crimes referred to in (a) – (f).
Article 13 of the ATL stipulates acts facilitating or providing assistance intentionally to terrorism perpetrators by (Butt, 2009, p. 7):
a. giving or lending money, property or other assets to the perpetrator of a terrorism crime; or b. hiding the perpetrator of terrorism crime; or c. concealing information about a terrorism crime.
Anyone who is found guilty of conducting these acts is subject to imprisonment for a minimum term of 3 years and a maximum term of 15 years. As mentioned previously, Article 13 (a) above was repealed after the promulgation of the ATFL because this provision more closely relates to the criminal acts of terrorism financing.
Regardless of the repealing of Article 13 (a), the stipulated terrorism criminal acts in Article 13 are inchoate offences that are accessories to the perpetrator of the criminal acts of terrorism. Articles 14, 15, and 16 are also provisions on inchoate offences. The inchoate offences are covered by the KUHP yet the ATL also enacted
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specific provisions on inchoate offences as well as enacting various new terrorism offences. As noted by Roach (2011, p. 150), inchoate offences under the ATL include “intentional assistance, incitement, plotting or attempting to commit acts of terrorism, and also facilitating an act of terrorism outside Indonesia”.
Article 14 of the ATL imposes the death penalty or life imprisonment on those who plan and/or incite others to commit a crime of terrorism referred to in Article 6 to Article 12 of the ATL. Based on elucidation in Article 14, preparation conducted either physically or financially, or of human resources is included as a plan in committing terrorism crime. Inciting is defined as conducting incitement and provocation, giving of gifts, money or promises. It is clear from this elucidation that incitement is directed specifically to the intellectual actors of terrorism crime (Butt, 2009, p. 7). Therefore, an intellectual actor of terrorism crime is subjected to the death penalty or life imprisonment (Atmasasmita, 2012, p. 24).
Article 15 of the ATL imposes the same penalty as that of a perpetrator to those who conduct any plot, attempt, or assistance to commit any criminal act of terrorism referred to in articles 6 to 12 of the ATL, because it is deemed assistance. According to Atmasasmita (2012, pp. 23-24), an accessory in this article is defined as providing assistance prior, at the same time, or after the criminal act was conducted.
Similar to Article 13, Article 16 covers accessories to terrorism crime. However, articles 16 and 13 have differences. “Accessory to terrorism” in Article 13 applies to perpetrators who live or stay in Indonesia, while Article 16 focuses on perpetrators who live or stay outside the territory of Indonesia (Juwana, 2006, p. 298). According to Article 16 (Butt, 2009, p. 7):
Any person outside of the territory of Indonesia who provides assistance, facilitation, the means or information for the commission of a terrorism crime referred to in Article 6-12, faces the same penalty as for the perpetrator.
The definition of “assistance” and “facilitation” refers to the elucidation of Article 13, which defines these terms. Assistance is defined as an act of providing
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assistance before or during the commission of the crime, whereas facilitation is providing assistance after the committal of the crime.
Articles 17 and 18 of the ATL cover the application of the ATL to corporations as the perpetrators of terrorism crimes. These articles contain provisions explaining to what extent the individual acts within a corporation can be identified as terrorism crime committed by the corporation. The main criminal sanction that can be imposed on corporations under the ATL is a fine; the corporation can also be frozen, have its license revoked, or be declared a forbidden corporation. At the time of writing, there have been no corporations accused of criminal acts of terrorism under the ATL.
Finally, the ATL’s Article 19 is applied to juveniles who commit criminal acts of terrorism under the ATL. Article 19 clarifies two points. The first is to what extent a perpetrator of the crime of terrorism is categorised as a juvenile or minor. According to Article 19, anyone who is aged under 18 years is subject to exclusion from the application of criminal sanctions as formulated in the ATL. That is, all who are aged under 18 years are categorised as juveniles or minors. The second point is the criminal sanctions that are applied to juveniles and minors. Criminal sanctions applied to juveniles and minors are lighter than those applied to adults. Article 19 stipulates that the period of minimum imprisonment, the death penalty, and life imprisonment are not applied to juveniles or minors.
4.2 INDONESIA’S ANTI-TERRORISM FINANCING LAW
4.2.1 Introduction The Indonesian Government ratified the International Convention for the Suppression of the Financing of Terrorism by issuing Law No. 6 of 2006. Within this ratification, the Indonesian Government is obliged to enact a special law on the criminal act of terrorism financing. Following the ratification, the Government of Indonesia then promulgated a special law that is Law No 9 of 2013 on the Prevention and Eradication of the Crime of Terrorism Financing, known as the Anti-Terrorism Financing Law (ATFL).
In fact, some of Indonesia’s special laws are available to be applied to prosecuting criminal acts of terrorism financing, similarly to the ATL. Before the promulgation of the ATFL, this type of criminal act would be charged under the ATL since the ATL has provisions on terrorism financing as formulated in Articles 11 and
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13 (a). Besides the ATL, another law that could be used to charge the accused of terrorism financing crime is Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering, known as the Anti-Money Laundering Law (AMLL).
However, Husein (2012, p. 79) identified that the existing laws had not comprehensively provided prevention and eradication of terrorism financing. Husein noted that the term “terrorism financing” had not been used explicitly and had not been defined, even though the ATL has provisions on the crime of terrorism financing (Husein, 2012, p. 48). Although the criminal act of terrorism is included as one of the predicate crimes in the AMLL, the law could not be implemented effectively to prevent and eradicate terrorism financing crime (Husein, 2012, p. 73).
Preventing terrorists and terrorist organisations from funding their activities is an essential component of any successful counterterrorism strategy, and is a binding requirement under several United Nations (UN) Security Council resolutions. Countries should enact laws that criminalise the financing of terrorism in accordance with the International Convention for the Suppression of the Financing of Terrorism, and are encouraged to implement the recommendations of the Financial Action Task Force (FATF) on criminalising terrorist financing (Amrullah, 2017). Based on such convention and the FATF recommendations, Amrullah (2017, p. 3) explains that the Indonesian Government enacted a special law on terrorism financing – the ATFL – in 2013. Procedures and proper mechanisms allowing for freezing, seizing, and confiscation of terrorist assets and funds used or allocated for the purpose of terrorist financing should also be enacted in accordance with the relevant UN Security Council resolutions and subject to appropriate review.
4.2.2 The Nature of the Anti-Terrorism Financing Law The ATFL consists of 11 chapters and 33 articles in total. The content covers the scope of the law; acts of terrorism financing; other acts related to acts of terrorism financing; prevention; blocking; lists of suspected terrorists and terrorist organisations; investigation, prosecution, and examination in the court; cooperation on prevention and eradication; and transitional provision. In this context of this research, investigation focuses on the criminal acts of terrorism financing under the ATFL, and is presented in detail in Subsection 4.2.3.
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As with the ATL, Chapter I of the ATFL is the general provision. This chapter defines specific terms that are used in the ATFL. Among others, the definition of terrorism financing is stated in Article 1 (1): “Financing of terrorism is any act to providing, collecting, giving, or lending funds, either it is committed directly or indirectly, and it is used and/or will be used for committing terrorism activities, terrorist organisations, or terrorists”. As a part of the general provision, this definition is a general definition of terrorism financing under the ATFL, while specific criminal acts of terrorism financing are formulated in Chapter III. Chapter I is akin to a summary of the following articles, in which the elements of terrorism financing crime are formulated.
Chapter II of the ATFL stipulates the jurisdiction of the law. Article 1 of the ATFL reflects the territorial and extraterritorial principles. The law can be applied to anyone who commits a terrorism financing crime in Indonesia or outside the territory of Indonesia, or to a fund that relates to terrorism financing crime in Indonesia or outside the territory of Indonesia. Article 2 (2) paragraph (a) of the ATFL contains a “passive national principle” because Indonesian citizens are also subject to the ATFL for those who commit terrorism financing crime internationally. Article 2 (2) paragraphs (b) to (g) contain active national principles because the law can be enforced on anyone committing terrorism financing crime in other countries. Consequently, foreigners who commit terrorism financing crime under the ATFL are subject to criminal sanction in cases that are connected to criminal acts of terrorism:
against Indonesian citizens17
against Indonesian Government facilities, including diplomatic or consular officials’ premises18
that force the Indonesian Government to take or not take actions19
to an aircraft operated by the Indonesian Government20
17 See Article 2 (2) para b, ATFL 18 See Article 2 (2) para c, ATFL 19 See Article 2 (2) para d, ATFL 20 See Article 2 (2) para e, ATFL
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committed on board a vessel under the flag of Indonesia or an aircraft that is registered under Indonesian laws,21 or
the acts of financing terrorism committed by a stateless person who resides in Indonesia.22
Therefore, instead of active and passive national principles, Article 2 of the ATFL also reflects the extraterritorial principle because the law can reach anyone who commits the crime outside the territory of the Republic of Indonesia, similar to the ATL. This article also specifies the details of the application of the extraterritorial principle.
In terms of exclusion of political crime, the ATFL has the same provision as that of the ATL. The ATFL also confirms that political crime is excluded.23 Thus, the spirit of these two special criminal laws is the same – that is, to draw a clear line between terrorism and political crime, both to guarantee public rights and to prevent arbitrary action by the ruling government.
Chapter III of the ATFL describes the elements of the criminal act of terrorism financing. This criminal act is discussed in more detail in Section 4.2.3 in this chapter. Besides the criminal act of terrorism financing, the ATFL also stipulates other criminal acts related to the acts of terrorism financing (see Chapter IV). These offences pertain to administrative matters particularly, for instance, an obligation to maintain confidentiality of documents related to suspicious financial transactions or to the financing of terrorism.24
Chapter V contains a preventive measure, and then Chapter VI regulates how to freeze funding that is used or might be used to commit terrorism crime in Indonesia. Chapter VII focuses on the list of suspected terrorists and terrorist organisations published by the government, and the procedure for publishing personal identities and corporations on the list. Chapter VII also covers how to block funding, as well as how to object to a listing. Thus the provisions of these three chapters are related.
21 See Article 2 (2) para f, ATFL 22 See Article 2 (2) para g, ATFL 23 See Article 3, ATFL. 24 See Article 9, ATFL.
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Furthermore, Chapter VIII has a provision on special criminal procedure law implemented for the crime of terrorism financing. Because terrorism is a special crime, the ATFL covers some exceptional provisions of criminal procedure law that are not provided in the Penal Procedure Code (Law No. 8 of 1981). The exceptions cover all stages of criminal procedure law: the investigation, prosecution, and the trial session. Chapter IX covers cooperation on prevention and eradication of the criminal act of terrorism financing. The focus is not only cooperation among related agencies in Indonesia but also between the Government of Indonesia and that of another country or jurisdiction.
Finally, Chapters X and XI relate to the existence of the ATL’s articles 11 and 13 (a). They clarify that articles 11 and 13 (a) of the ATL are repealed after the ATFL is promulgated.25 The transitional provision, on the other hand, states that offences that are being processed at the level of investigation, prosecution or examination in the court are still charged under the ATL.26
4.2.3 The Crime of Terrorism Financing under the Anti-Terrorism Financing Law In line with the context of this research, this investigation focuses on acts that constitute terrorism financing under the ATFL. Based on the provisions in Chapter III, three Articles (articles 4, 5, and 6) contain the elements of criminal acts of financing terrorism. In the provisions of these Articles, a criminal act of financing of terrorism is stipulated only in Article 4, whereas Articles 5 and 6 are inchoate offences.
Although articles 7 and 8 are also included in Chapter III, these provisions do not specify the element of terrorism financing crime. They are guidelines in conjunction with the criminal acts of terrorism financing. The provisions of Article 7 contain a guideline for cases in which a convicted party cannot not pay fines imposed by the ruling. Similarly, Article 8 covers the application of the ATL to corporations as the party accused of terrorism financing crime.
Article 4 of the ATFL states that any person can be charged for terrorism financing if they are intentionally providing, collecting, giving, or lending funds,
25 See: Article 48, ATFL. 26 See: Article 47, ATFL
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either directly or indirectly, with intent to be used in whole or in part for criminal acts of terrorism, terrorist organisations or terrorists. Anyone who commits this criminal act is subject to a maximum of 15 years imprisonment and a maximum fine of up to IDR1,000,000,000 (one billion rupiah), or around AUD1,000,000 (one million Australian dollars). Based on the provisions of Article 4, there are two main elements of the criminal act of terrorism financing: intentionally providing, collecting, giving, or lending funds; and the intention that such funding be used in conducting criminal acts of terrorism, or be provided to terrorist organisations or terrorists. The general prosecutor must prove these elements in the trial session.
ATFL Article 5 is an inchoate offence that applies to accessories to the perpetrator of the criminal acts of terrorism. The provisions of Article 5 stress that anyone who conducts any plot, attempt, or assistance to commit any criminal act of terrorism financing will be sentenced the same as the perpetrator of such an act of terrorism financing. The provisions of Article 5 of are almost identical to those of Article 15 of the ATL.
A new provision related to inchoate offences is also available in Article 6 of the ATFL. It states that those who plan, organise, or incite another person to commit any criminal act of terrorism financing as defined in Article 4 face life imprisonment or a maximum of 20 years imprisonment. This provision is almost identical to that of Article 14 the ATL, where the intellectual actor is subjected to heavier criminal sanctions than those imposed on the actual actor.
Article 7 of the ATFL is a guideline for cases in which the convicted person cannot pay the relevant fines, requiring that they are subjected to confinement for 1 year and 4 months. This is an exceptional provision to Book I of the KUHP. According to the KUHP’s Article 30 (4), the confinement as the replacement for the fine should be no longer than 8 months.
Like Article 7, Article 8 of the ATFL also contains guidelines in the event that the perpetrator is a corporation. According to Article 8 (4), if found guilty of committing terrorism financing, a corporation faces a maximum fine of IDR100,000,000,000 (one hundred billion rupiah), or around AUD10,000,000. Besides receiving the fine imposed by the court, a corporation is subjected to additional sentences: freezing of the business of the corporation, in part or totally; revoking its license and declaring it a forbidden corporation; liquidating the
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corporation; expropriating the corporate assets; the state taking over the corporation; and/or the announcement of the court decision. These sentences can be imposed on either a corporation or a corporate controller, as stated in Article 8 (1) of the ATFL.
4.3 CHAPTER SUMMARY
In the context of Indonesia, criminal acts of terrorism and terrorism financing are specific crimes because they are nominated criminal acts under special laws. Terrorism is based on the ATL, while terrorism financing is based on the ATFL. Consequently, a perpetrator of terrorism is prosecuted under the ATL, while a perpetrator of terrorism financing is prosecuted under the ATFL. Nevertheless, before the promulgation of the ATFL in 2013, perpetrators of terrorism financing crime were charged under the ATL, the AMLL, or both.
Based on the review of the substance of the ATL and ATFL, there are similarities and differences between these two laws. The similarities showed from the provisions on jurisdiction and the scope of the laws. Both laws provide the extra- territorial principle (Article 4 of the ATL and Article 2 paragraph 2 of the ATFL) and the restriction from the laws being applied to political crimes, crimes relating to political crimes, crimes with political motives, and crimes with political objectives (Article 5 of the ATL and Article 3 of the ATFL). Furthermore, both laws provide a chapter that contains provisions on other criminal acts related to the criminal acts of terrorism and terrorism financing, in Chapter IV of both laws. On the other hand, these laws also contain some differences. There is a specific chapter on prevention under the ATFL, while prevention provisions are absent from the ATL. A chapter on compensation, restitution and rehabilitation is formulated in the ATL, whereas in the ATFL is not formulated.
Comparisons between the ATL and the ATFL in this summary specifically concern the provisions on criminal acts. In Chapter III of both laws, there are similarities and differences in the provisions on terrorism (under the ATL) and terrorism financing (under the ATFL). There are some similarities in the formulation of the criminal acts between the ATL and the ATFL.
Firstly, there are similarities in the provisions on sentencing of inchoate offences. Those who commit inchoate offences are subjected to the same penalties as the perpetrator. This is an exception to the general provision of Book I of the KUHP,
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in which those who are attempting to commit, or are accessories to serious crime or felony (kejahatan), face lighter sentences than the perpetrator’s sentence; the sentence is reduced by one-third (Article 53 paragraph 2 KUHP and Article 57 paragraph 1). For example, if someone is found guilty of attempted murder under Article 338 KUHP, the maximum penalty would be reduced by one-third. Therefore, because Article 338 KUHP provides a maximum of 15 years imprisonment for the perpetrator of murder, a person attempting to commit murder who is charged under Article 338 KUHP would face a maximum of 10 years imprisonment (Suarda, 2011, p. 188).
A second similarity is found in the provisions for corporations. Both the ATL and the ATFL state that a corporation can also be charged as the perpetrator of a crime. This is also an exceptional provision to the KUHP, which specifies only the individual as the perpetrator. A third similarity concerns intellectual actors. Provisions in Article 14 of the ATL and Article 6 of the ATFL are directed to intellectual actors of the crimes. Both articles impose heavier penalties for the intellectual actor than for the perpetrator.
On the other hand, there are two differences regarding the provisions on criminal acts of terrorism and terrorism financing between the ATL and the ATFL. The first is related to the formulation of the definition of the crime. In the ATL, terrorism is not defined, although Article 1 (1) states that terrorism is any act that fulfils the elements of a crime under the ATL, which is not actually a definition. This statement serves to emphasise that there are several types of criminal acts of terrorism as formulated in several articles in the law. This is typical of Indonesian laws, in which the most important factor is the elements of the crime as formulated in such articles. This is a characteristic of a civil law system, which was adopted by Indonesia from the civil law system of The Netherlands. The ATFL, on the other hand, tries to define the acts of terrorism financing more clearly rather than stating that the crime of terrorism financing is a crime as formulated in a specific article. The ATFL defines terrorism financing in Article 1 (1) and then stipulate in Article 4, which includes criminal sanctions to a maximum of 15 years imprisonment and a maximum fine of up to IDR1,000,000,000 (one billion rupiah).
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The second difference relates to the specific crimes formulated under the ATL and the ATFL. The ATL has six main typologies of criminal acts of terrorism, namely:
1. Terror attack.
2. Intended to create terror attack.
3. A range of offences relating to various aspects of aviation security.
4. Explosives, firearms, and ammunition offences relating to terrorism.
5. The use of chemical, biological and other weapons.
6. Providing or collecting assets intentionally to be used, partly or wholly, for terrorism acts and further offences relating to chemical and biological weapons, including the provision of assistance or funds to obtain them.
In contrast, the ATFL has only one type of terrorism financing crime, that is that is, “providing, collecting, giving, or lending funds, either directly or indirectly with intent to be used in whole or in part, relating to terrorism, terrorist organization or terrorist” as formulated in the Article 4 of the ATFL. In fact, this criminal act was prosecuted under the ATL, the AMLL, or both, before the promulgation of the ATFL. Since the issue of the ATFL, this act is charged under the ATFL.
To conclude this summary, it is important to highlight that someone conducting the crimes of terrorism or terrorism financing within Indonesian jurisdiction will be prosecuted as a terrorist. If they are found guilty and sentenced by the court, they become a convicted terrorist. They are sent to prison and are then treated as a terrorist inmate. Furthermore, they are likely to be required to participate in prison- based deradicalisation programs, implemented in either a special prison for terrorists or a general prison. This conclusion provides the connection between existing Indonesian special laws on terrorism (the ATL and the ATFL) and prison-based deradicalisation programs or rehabilitation programs for terrorist inmates. Figure 4.1 shows the connection of these programs with the ATL and Figure 4.2 shows the connection with the ATFL.
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Figure 4.1 Connection between Acts of Terrorism under the Anti-Terrorism Law (ATL) and Indonesia’s Prison-based Deradicalisation Program
Death (Exclude minors)
Life Imprisonment Person (Excludes minors) Prison-based PRISONS deradicalisation program Guilty Imprisonment Allegations of terrorism Fine Corporation Trial Freezing or license is revoked
ATL
Not Guilty
Release Release Criminal acts SOCIETY
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Figure 4.2 Connection between Acts of Terrorism under the Anti-Terrorism Financing Law (ATFL) and Indonesia’s Prison-based Deradicalisation Program
Life Imprisonment (Exclude minors) Person Prison-based PRISONS deradicalisation
Imprisonment program Allegations of Guilty terrorism Fine financing Corporation Trial Additional sentences: freezing of the business of the corporation, in part or totally ATFL revoking license and declaring it a Not Guilty forbidden corporation liquidating the corporation expropriating the corporate assets taking over of the corporation by the state announcement of the court decision
Release Release Criminal acts SOCIETY
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The Challenges of Terrorist Deradicalisation: Indonesian Prison Officers’ Experiences
In jurisdictions where violent extremist prisoners are held in separate facilities, prison staff will find themselves only working with violent extremists. In other countries where violent extremists are integrated into all prisons, or dispersed among a few high-security prisons, prison staff may work with violent extremists on a less frequent basis. In both scenarios, the way in which prison officials deal with violent extremist prisoners (who sometimes refuse to conform to legitimate expectations) can be one of the greatest challenges to the professionalism of prison staff. (UNODC, 2016, p. 27)
To answer Research Question 1, as outlined in Chapter 1, this chapter investigates Indonesian prison officers’ experiences with terrorist rehabilitation. Specifically, this chapter presents the results and discussion on the challenges facing Indonesian prison officers in their role in rehabilitating terrorist inmates. It draws on both primary and secondary data. Primary data were collected from a series of focus groups conducted to identify challenges encountered in implementing the Indonesian prison-based deradicalisation program. Secondary data were taken from existing research, state documents, and agency reports. To analyse collected primary data, a qualitative thematic analysis was used (see Chapter 3).
This chapter begins with an overview in Section 5.1, followed by results and discussion on the personalities of terrorist inmates, the readiness of Indonesian prison officers, the sustainability of programs, the prison environment, and the unavailability of collaborative mechanisms, which are presented in sections 5.2, 5.3, 5.4, 5.5, and 5.6, respectively. A conclusion to the chapter follows in Section 5.7.
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5.1 OVERVIEW
Chapter 2 argued that there is a gap in the literature concerning the implementers’ lens on the implementation of prison-based deradicalisation programs in the context of Indonesia. This thesis seeks to bridge this gap by examining Indonesian prison officers’ experiences on deradicalisation through deploying qualitative research and legal research methodologies as discussed in Chapter 3. Further, the connection between the existing Indonesian laws on anti-terrorism and prison-based deradicalisation programs was presented in Chapter 4. This chapter reports on the investigation into Indonesian prison officers’ challenges in implementing prison-based deradicalisation programs. The chapter discusses five challenges that this research found are faced by Indonesian prison officers implementing prison-based deradicalisation programs.
Firstly, it is argued that the personalities of the terrorist inmates is one of the challenges. Terrorist inmates’ beliefs and behaviour are discussed; these beliefs and behaviour promote difficulties in implementing prison-based deradicalisation programs. Secondly, the readiness of the officers themselves is perceived as a barrier to implementing the programs. In terms of the officers’ task to deliver deradicalisation programs, both individual and collegial weaknesses were identified as challenges for terrorist rehabilitation. Thirdly, the sustainability of the program is apparently an obstacle. Incidentally and partiality of the implemented program were perceived as shortcomings in the implementation of prison-based deradicalisation programs. Fourthly, institutional infrastructure problems contribute to the challenges in the implementation of such programs. The issues of overcapacity and obscurity of segregation practices in Indonesian prisons lead to difficulties in implementing the programs. Fifthly, there is an issue of the unavailability of collaborative mechanisms among the implementers of the program. Although many agencies are involved in the program, it is argued that the collaboration remains unorganised.
5.2 TERRORIST INMATES’ PERSONALITIES
The focus group results revealed that one of the greatest perceived challenges for Indonesian prison officers implementing prison-based deradicalisation programs is the beliefs and behaviour of convicted terrorists. This challenge was experienced by focus group participants on a daily basis through contact with terrorist inmates, as
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well as while implementing prison-based deradicalisation programs. The focus group results also revealed that the personalities of terrorist inmates are unique and differ from the personalities of other types of inmates.
5.2.1 Terrorist Inmates’ Beliefs In terms of the beliefs of terrorist inmates, there were several challenges faced by Indonesian prison officers implementing Indonesia’s prison-based deradicalisation program. Challenges recognised by the focus group participants were the beliefs of terrorists that:
1. They are not criminals.
2. They are heroes in a divine war.
3. They were the only most “right” individuals in interpreting Islamist religious teachings.
Furthermore, these challenges were perceived as difficult issues to cope with because these established beliefs were related to the hearts and minds of imprisoned terrorists. One focus group participant emphasised this difficulty:
We could not deal with terrorist inmates’ beliefs because in the bottom of their heart they said they were not wrong. It was about convicted terrorists’ hearts and minds and it was so difficult to be challenged. On the contrary, interventions for non-terrorist convicts were much easier because in the bottoms of their hearts they believed they were wrong. In this case we have a huge chance to “touch” and then rehabilitate them. Yet, it was not so for convicted terrorists. (FG2:4)
Firstly, imprisoned terrorists apparently have a strong belief that they are not criminals. Based on the series of three focus groups (FG1, FG2, and FG3) with Indonesian prison officers, all of the participants had experienced that most terrorist prisoners hold strong beliefs that they are not criminals. No participant rejected this assertion. Thus, the terrorists did not feel guilty, even if they had been found guilty and sentenced by the courts. Subsequently, as one focus group participant said:
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When they were sent to and live inside the prison, they still believe that they were not criminals. (FG1:1)
Similarly, another focus group participant stated:
Although the acts of terrorist inmates took many lives, terrorist inmates feel very confident that they did not commit any criminal acts, so they believe that they were not prisoners. (FG2:4)
Indonesian prison officers believe that the “criminal” label is not accepted by most terrorist inmates. Despite their criminal acts being recognised as crimes of terrorism, this will never be accepted by most terrorist inmates. In other words, terrorist inmates have strong self-justifications for perpetrating violence and bombing attacks and do not see themselves as criminals.
A number of authors have reported analyses of comparisons between terrorists and other types of criminals. These studies demonstrated terrorists differ from other criminals (Ganor, 2002; Goldman, 2014; Gunaratna, 2011; Mahan & Griset, 2013; Presman & Flockton, 2014; Silke, 2014; UNODC, 2016). Silke (2014, p. 4) has examined that:
terrorist prisoners rarely describe themselves as “terrorists”. Instead they portray themselves as soldiers, freedom fighters, volunteers, partisans, the resistance; at least in their own minds if nowhere else. Normally they bitterly contest any effort to describe them as criminals.
There are similarities between the beliefs of convicted terrorists as expressed by the Indonesian prison officers in this study and those described by Bakti (2014) and Goldman (2014). Bakti concluded that terrorist inmates are not mentally disordered individuals, and neither are they psychopaths nor psychotics (Bakti, 2014, p. 196). Goldman’s investigation outlined that “psychologists have confirmed those terrorists are psychologically normal. Violent criminals, on the other hand, tend to suffer from mental disorders and can be unstable” (Goldman, 2014, p. 48). In the
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words of Yehoshua, “these prisoners entered prison with a sense of righteousness” (Yehoshua, 2014, p. 146).
The previous discussion suggests that terrorism differs from other crimes. The case of Abu Bakar Ba’asyir, an ideologue terrorist inmate, is a useful example for analysing the differences between terrorist and ordinary criminals. A report published by Institute for Policy Analysis of Conflict (IPAC) stated that Abu Bakar Ba’asyir expressed no regret for the crime that he committed. Ba’asyir said that “I have no regret for helping military training in Aceh because the aim of the training was to strengthen the capacity to defend Islam from enemy attacks; such training is not just permitted by Allah, it is required” (IPAC, 2013, p. 9). Ba’asyir vehemently justified his acts through “striving to achieve a common good for their community”, as explained by Gupta (2008, p. 32). Gupta clearly argues that “this ubiquitous pursuit of altruistic goals separates a terrorist from a common criminal” (Gupta, 2008, p. 32).
Secondly, convicted terrorists portrayed themselves as “heroes”. In the Indonesian context, convicted terrorists particularly imagined that they are heroes in a divine war for Islam. Because the background of the terrorist inmates was jihadist, they were all inspired by what others see as a misunderstanding of Islam teachings. A focus group participant said:
Most of convicted terrorists claimed themselves as prisoners of war from the battlefield of war between Islam and their enemies, including the established Indonesian Government. (FG1:3)
Furthermore, another focus group participant shared his communication experiences with a convicted terrorist:
He said, “I am not a detainee; I am not a prisoner; I am a prisoner of war”. That’s what I experienced when I did my job; and to me it’s a bad experience. (FG3:5)
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Another focus group participant underlined the difficulty dealing with those who are “hardliner” or “ideologue” convicted terrorists, who show a strong belief in their ideology:
An ideologue of convicted terrorist needs a specific treatment. They cannot receive us. Because the majority of them feel that they were right. They were not breaking the law with a belief that “My law is Allah”. I am defending my religion so they do not have a guilty feeling at all. It’s absolutely different with other criminals. (FG2:4)
Due to this belief of the terrorists, focus group participants argued that they experience difficulties implementing effective prison-based deradicalisation programs. However, the focus group participants also believed that there are a number of terrorist inmates who could be rehabilitated, particularly those who are categorised as “medium- or low-risk terrorist inmates” (FG1:2 and FG2:4).
Furthermore, terrorists’ beliefs of themselves as heroes of a holy war seem to be consistent with Hasan’s (2007) study on Imam Samudra’s justification for the Bali Bombings. Imam Samudra was one of the masterminds of the Bali Bombings and was sentenced to death. In his article, Hasan (2007) demonstrated that Samudra’s idea of a perpetual war was the most critical aspect of his thinking. He assessed that Imam Samudra (2007, p. 1043):
holds to the belief that non-Muslims will never allow Muslims to live in peace and thus armed jihad is the only kind of relationship that could exist between Muslims and the non-Muslims. Using the abrogation argument, he holds that armed jihad is a standing obligation until the end of the world. It has to be observed until all lands fall under the rule of Islam. The basis of the relationship between Muslims and non-Muslims, thus, is war, not peace.
Thirdly, participants reported a further belief held by convicted terrorists that they were the “most right” individuals in interpreting Islamic teachings. One focus group participant realised that “many of them have a high confidence in the religious matters, particularly Islam and Islam teachings” (FG1:2). Furthermore, he stated that:
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When we started conversations about Islam with the aim to challenge convicted terrorists’ beliefs about jihad, they showed a strong argument by referring to the Al-Quran. And, they always showed to us an advanced interpretation. (FG1:2)
It would be difficult for us to implement deradicalisation programs, particularly on facilitating a religious discussion, because they were totally ready to challenge my interpretation about Islam. I do believe they will refuse my interpretation, particularly on the interpretation of jihad. (FG3:5)
The quotes above demonstrate that these Indonesian prison officers experience a challenge in facilitating discussions on Islamic teachings with terrorist inmates when the inmates believe that they are the “most right” individuals in interpreting Islamic teachings.
This issue requires better communication between Indonesian prison officers and terrorist inmates. As a strategy to improve communication, one focus group participant started conversations about non-religious topics, normally based on day- to-day activities, for instance “soccer or life skills” (FG3:5).
Focus group participants also noted that convicted terrorists viewed their incarceration as a time for reflection, or that they imagined prison as a place of isolation. A convicted terrorist told a focus group participant that: “life in prison is a time and place to re-organise the strategy for the struggle; it does not matter for me to live in prison” (FG3:5). From this experience, the participant said that “whatever interventions that will be introduced and applied for convicted terrorists, it will be useless because this inmate is so strong in holding their beliefs” (FG1:5).
In addition to this, as an expression of frustration because of terrorist inmates’ beliefs, another focus group participant said that:
It was a wasting time and energy for us to deal with an inmate with beliefs like this, so we need help in this matter. It is an ideology. (FG2:4)
This finding that terrorist inmates believe they are the “most right” individuals in interpreting Islamic ideology agrees with the findings of the International Crisis
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Group (ICG, 2007, p. 12) and Bakti (2014, p. 176), which showed a negative response of terrorist inmates to a discussion about Islam delivered by an outsider of their circle. Bakti (2014, p. 176) illustrated the impact of the initiative of the National Counter Terrorism Agency (Badan Nasional Penanggulangan Terosrisme – [BNPT]) when Islamic scholars from Jordan (Ali Al-Halaby) and from Egypt (Syaikh Najih Ibrahim) presented to terrorist inmates in the Nusakambangan prison complex. The inmates totally disagreed with the interpretation of Islam delivered by those scholars.
As pointed out by Gunaratna (2011, p. 67), ideological debate and religious counselling sessions are vital components of the rehabilitation program for Islamist terror detainees. Therefore, further research should be conducted to investigate the extent to which the debate and discussion can positively contribute to the deradicalisation of terrorist inmates.
5.2.2 Terrorist Inmates’ Behaviour The behaviour of convicted terrorists was recognised as an obstacle by focus group participants to the successful implementation of prison-based deradicalisation programs. Focus group results revealed that there were two challenges concerning the behaviour of terrorist inmates: reacting against the officers and refusing to participate in any programs. These findings further support the issue of violence against prison officers as a direct challenge to the prison authorities (McEvoy, 2001; UNODC, 2016).
Reacting against the prison officers was often experienced by focus group participants in day-to-day interactions with terrorist inmates. One indicator was an unwillingness to greet prison officers. Many focus group participants had experienced this unwillingness to reply to greetings offered by prison officers. Several terrorist inmates showed negative attitudes to prison officers by rejecting any greetings offered. To greet someone, an Indonesian Muslim normally says “Assallamualikum” and the other will reply by saying “Waalaikumsalam”. Indonesian prison officers who greeted terrorist inmates in this manner found that terrorist inmates would not reply to the greeting; they ignored such greetings and tended to behave in an introverted manner towards the officers:
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Simply, some of them, if we meet they will not greet as. If we greet them, they will not reply. (FG2:2)
Terrorist inmates tended to maintain the distance with us. They don’t want to get “close” with us. From their body of language and expression we can see that. They won’t say a greeting to us. They won’t shake hands with us. (FG2:3)
The focus group participants considered this refusal a critical moment that indicated the willingness of these individuals to participate in correctional programs, including prison-based deradicalisation programs. Logically, if inmates do not want to greet prison officers, they are unlikely to participate in prison-based deradicalisation programs. A focus group participant realised this:
That’s it, sir. That’s a challenge for us. When I was moved here for a job promotion, I found that all convicted terrorists won’t speak with me. Even they look like they want to fight with me. That’s my first experience when I moved to this prison. (FG2:4)
Indonesian prison officers faced difficulties due to resistance from terrorist inmates. Interestingly, a focus group participant thought that terrorist inmates were “brave individuals” (FG3:5) because they showed no fear of the consequences of their behaviour, including for their lives. They were commonly ready to die for their beliefs. One focus group participant expressed his experiences in managing terrorist inmates:
When there was a conflict nearly happening between terrorist inmates and other inmates, a terrorist inmate said “dead was fine”. If the conflict occurred, the safety of the prison officers would be at risk. We were in trouble as well. (FG3:3)
Although terrorist inmates sometimes appeared to be accepted by other “ordinary” inmates in the prison (ICG, 2007), this was usually not the case. This situation was a potential security threat and could lead to a conflict between terrorist
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inmates and other inmates. In one prison where a focus group were conducted, such a conflict had almost occurred. A focus group participant explained:
Yes, it nearly happened a clash between terrorist inmates and narcotics inmates. At that time, there was a concert inside the prison. The problem arose because the concert started while terrorist inmates had not finished pray. It was nearly finished actually. A group of terrorist inmates complained to the other group who were in the concert, and the situation got worse. They shouted at each other, and then crowded. Terrorist inmates yelling “Allah Akbar ... Allah Akbar … Allah Akbar”. Sometimes, a small thing in the prison could end up as a big problem. (FG3:3)
The cumulative outcome of these beliefs and attitudes is the rejection by terrorist inmates of participating in any kind of interventions and programs delivered by prison officers and prison authorities. For instance, when terrorist inmates were sick and needed medical treatment, “they do not want to go to the prison’s polyclinic” (FG2:1). Moreover, the participant said:
If they are sick, they will not take the drugs offered by the prison’s polyclinic. It was their presumption that the drugs provided by the government were “haram”. It was like that. So there is a presumption that what the country provides for them is “haram”. So they do not want to take it. They usually try to use an alternative medicine brought from their friends or family visiting them in the prison. (FG2:1)
Another participant talked about the activities at in-house mosques that:
Some terrorist inmates will refuse to attend prayer in the in-house mosque together with other types of inmates. They will pray in their own block. (FG3:5)
In terms of prisoner rights to receive conditional release and remission, terrorist inmates showed unwillingness to accept these rights. Some convicted terrorists, as a focus group participant emphasised, “rejected those benefits offered by the prison
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authorities” (FG2:3). Terrorist inmates showed a strong preference to remain in the prison rather than take early release; they refuse because the parole requirements include signing a declaration contrary to their beliefs, such as to “obey the Government of Indonesia and obedience to Pancasila” (FG2:3).
These findings are consistent with a previous study carried out by Hannah et al (Hannah, Clutterbuck, & Rubin, 2008). Hannah and colleagues (2008) classified the spectrum of the potential activities undertaken by radicalised prisoners, particularly using passive or non-violent resistance, and using active or violent resistance to prison authorities. These two types of terrorist inmate behaviour have been experienced by Indonesian prison officers.
Non-violent resistance is indicated by inmates ignoring greetings expressed by prison officers. This passive action tends to block the opportunity to communicate with prison officers. Refusing any treatment options such as seeing the in-house doctor or receiving medications, and refusing prisoner rights such as parole or conditional release, could also be identified as non-violent resistance against prison authorities. However, during my fieldwork, no self-harm activities were reported, such as hunger strikes at the US detention facility at Guantanamo Bay as observed by Hannah et al. (Hannah, Clutterbuck, & Rubin, 2008, p. 43).
Further, using violence to resist prison authorities was indicated by the potential harm faced by the focus group participants. The following quote by Hannah et al. is based on the report of the UK Prison Officers Association as published in the Observer in 2007, describes a major event in which a group of inmates launched violence against prison officers (Hannah, Clutterbuck, & Rubin, 2008, p. 44):
when an officer confronts a Muslim prisoner in Belmarsh, he or she often finds themselves surrounded by five or six other Muslim inmates. They are becoming a lot more defensive … Tariq al-Daour, jailed for establishing an online jihad network, was caught making a website in his cell at Belmarsh urging terror attacks. When al-Daour refused to hand over his laptop, a riot ensued as prison officers clashed with a group of al-Qaeda sympathisers.
A participant in a focus group indicated that he had “almost suffered violence” (FG3:4). It means that there is a great risk to Indonesian prison officers of violence
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from terrorist inmates. Although the focus group participants did not mention personal experiences of direct attacks by terrorist inmates, several prison riots in Indonesian prisons have been documented as initiated by the terrorist inmates, for instance, the riot in Tanjung Gusta Prison in 2013. Due this incident, some prisoners escaped. The investigation of this prison riot concluded that the actor behind the riot was a terrorist inmate, Fadli Sadama (Kompas.com, 2013b). In 2016, a prison officer in Cirebon Prison was a victim of an attack committed by a terrorist inmate during an incidental operation to investigate illegal items such as drugs and weapons. The incident occurred when the officer tried to enter the block where terrorist inmates were housed (Liputan6, 2016).
Besides their beliefs and behaviour, refusing involvement in prison-based deradicalisation programs was reinforced by deradicalisation terminology. Participants perceived that terrorist inmates are very sensitive to this terminology; they do not want to be called radical because “they think what they had have been conducting was right and there was nothing wrong with that, so that was not a radical matter” (FG1:3). Regarding this issue, this focus group participant suggested “to revaluate the terminology of deradicalisation with other terminology such as re- education” (FG1:3).
5.2.3 Non-Cooperative Terrorist Inmates: A Greater Challenge The focus group results showed that Indonesian prison officers have established terminologies to classify terrorist inmates based on their risk. There were three terms commonly used: “non-cooperative”, “cooperative”, and “grey” terrorist inmates. According to the focus groups in Cipinang, Pasir Putih, and Surabaya prisons, these terms are used and applied in the prison to categorise every terrorist inmate (FG1; FG2; and FG3). This was a form of risk assessment, and focus group participants relied on it to determine the extent to which terrorist inmates meet and cooperate with prison officers and prison authorities.
Non-cooperative terrorist inmates are those who totally refuse to cooperate with prison officers and prison authorities. They are those who “rejected any prison programs, including deradicalisation programs which were developed by prison officers or prison authorities” (FG1:1). Terms such as “ideologue”, “high-risk” and “hardliner” are used interchangeably with non-cooperative terrorist prisoners.
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Cooperative terrorist inmates are the opposite: “if they accepted to cooperate with prison officers and prison authorities, they will be classified as this type of terrorist inmates” (FG3:2). Convicted terrorists belonging to this group were also “willing to be involved and be participated in activities run by the prison officers, including in deradicalisation programs” (FG2:5). The terms that are also used for these prisoners are “low-risk” and “follower”.
Between these categories, there is a group of individuals who can be classified as a “grey” group. According to a focus group participant, this type of terrorist inmate can be characterised thus:
They mainly accept government incentives like grants for establishing an in- house farm, running a small business, receiving prisoners’ rights like remission and conditional release granted by the prison authorities, but refusing to participate in any religious programs. (FG2:5)
In this case, they also accepted correctional processes such as parole and remission, which are rejected by non-cooperative terrorist inmates. This type of convicted terrorist is also called “militant” or “medium-risk”.
In the existing literature, classification of terrorist inmates has been discussed by Gunaratna (2011) in his article “Terrorist Rehabilitation: A Global Imperative”. He categorised terrorist inmates as high, medium, or low risk. High-risk terrorists are terrorist leaders in both operational and spiritual aspects. Despite undergoing many programs, they strongly resist ideological change. Medium-risk terrorists are members or operatives in terrorist organisations. They are commonly ready to commit violence and experience hatred. Although few cases indicated whether there was a genuine shift or a strategic calculation, Gunartna believes some in this group can be rehabilitated. Low-risk terrorists are supporters and sympathisers. The knowledge of these individuals of the ideology is weak and they generally take for granted what they are told. They believe that what they are doing is justified by their religion (Gunaratna, 2011, p. 78).
In the current study, Indonesian prison officers classified terrorist inmates into three categories consistent with Gunaratna’s classifications: non-cooperative terrorist inmates equate with high-risk terrorist inmates; grey inmates equate with medium-
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risk inmates; and cooperative inmates equate with low-risk terrorist inmates. Although the terms differ, the meaning of the terms and the treatment needed for each inmate category are similar to the findings of this study. Furthermore, Gunaratna (2011, p. 78) explained that terrorist classifications are essential, particularly to identify suitable responses to inmates, such as the qualifications of the Islamic scholars who deliver and lead discussions. Gunaratna (2011, p. 78) suggested that practitioners should be able to differentiate between high-, medium-, and low- risk terrorist inmates because they require different responses.
In connection with the BNPT’s role in the implementation of prison-based deradicalisation programs, the current study found that the prison officers and the BNPT use different terminology to classify individual terrorist inmates. Although the BNPT’s terminology is not regarded as official, the differences are interesting to highlight. According to Suhardi Alius (Tempo.Co, 2016), the chief of the BNPT, terrorist inmates can be divided into four levels, based on their participation in prison-based deradicalisation programs:
1. Level 1: terrorist inmates who refuse to follow any prison-based deradicalisation programs.
2. Level 2: convicted terrorists who meet with authorities but they refuse to follow prison-based deradicalisation programs.
3. Level 3: convicted terrorists who cooperate with authorities but refrain from inviting other terrorist inmates to join in prison-based deradicalisation programs.
4. Level 4: terrorist inmates who have progressed in the deradicalisation process and are also open to inviting others to participate in the programs.
Comparing classifications for terrorist inmates between Suhardi and focus group results (i.e. effectively comparing the study results with the BNPT classifications), it could be concluded that non-cooperative convicted terrorists would fall into Level 1, while the grey convicted terrorists would fall into Level 2. Cooperative terrorist inmates, however, might fall into Level 3 or Level 4, as illustrated in Figure 5.1 in the next page.
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Figure 5.1 Classification of Terrorist Inmates in Indonesia: Terminology Comparison between the National Counter Terrorism Agency (Badan Nasional Penanggulangan Terorisme – [BNPT]) and Prison Officers
Terrorist Refuse to follow Non the program Inmates Cooperative Level 1
Meet with Grey authorities, but refuse to engage in Level 2 deradicalisation
Refrain to Cooperative encouraging other terrorist inmates Level 3
Willing to encourage other terrorist inmates Level 4
Furthermore, in terms of the non-cooperative, cooperative, and grey groups of inmates, all of the focus group participants agreed that the greatest challenges for the implementation of prison-based deradicalisation programs come from the non- cooperative group. Participants argued that these inmates will absolutely reject or refuse to participate in the programs and refuse to use prison facilities. As some focus group participants explained:
Non-cooperative terrorist inmates will always refuse any government interventions, treatments, benefits, etc. (FG3:5)
Discussing a treatment or intervention for non-cooperative terrorist inmates and cooperative terrorist inmates, I do believe that we can do nothing with
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non-cooperative terrorist inmates. When we were delivering the programs, they will almost always refuse it. (FG2:1)
Those who are non-cooperative terrorist inmates will not go to the prison’s mosque to pray together with other inmates. They rejected to use prison facilities. (FG3:5)
Regarding the grey and cooperative groups of terrorist inmates, some focus group participants commented:
So, we could deliver and apply rehabilitation programs for those who were cooperative terrorist inmates, and might be the medium risk [grey group]. We could do it. (FG2:4)
For terrorist inmates who were on the grey group or militant or cooperative terrorist inmates, I think we can set them again. We can rehabilitate both of them. (FG1:2)
On the other hand, other focus group participants had different opinions about grey and cooperative groups. They explained:
To me it’s a bit different. Terrorist inmates that were in the “grey” group just take the benefits such as conditional release and remission, or even only to receive incentives given by the prison authorities. But, after release they will do the same offence; commit terror. (FG3:5)
I have a different opinion. Those [who] cooperate with us cannot be automatically identified as a person who deradicalise[s] successfully. I have a chat experience with a cooperative terrorist inmate that makes me wonder about his engagement with his radical belief. For example, there was AA Gym photo on the wall with the 3S slogan: “Senyum, Salam, Sapa” (Smile, Regard, Greeting). However, the inmate said, “There was one S missed, sir: Serang (Attack)”. Actually, this prisoner was cooperative with us. So we cannot judge them just by the extent they were cooperative or non- cooperative with us. We have to go through what they think. (FG1:3)
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This was an interesting result. From the above quotes, it seems that participants have one of two opinions regarding the grey and cooperative groups of terrorist inmates. Some believe that grey and cooperative groups of inmates can be managed easily. For some of the participants, the inmates in this group showed a willingness to participate in the programs implemented by the officers.
On the other hand, some focus group participants believe otherwise. They believe that the grey and cooperative groups of terrorist inmates should not be assessed as easily managed. These inmates might be willing to participate in a delivered program but this is not a guarantee that their radical beliefs will diminish. Imprisoned terrorists who are classified in the grey and cooperative groups cannot be assumed to have deradicalised or to have renounced the use of violence to achieve a goal.
The result of the current study on the classification of terrorist inmates used by Indonesian prison officers supports Ungerer’s (2011, pp. 16-17) study, which categorised Indonesia’s terrorist inmates into three groups: white, grey, and black groups. The white group equates with the non-cooperative terrorist inmates; meanwhile the black group equates with the cooperative terrorist inmates. Regarding the grey group, Ungerer (2011) stressed that the inmates in this group are willing to receive benefits such as financial support but they still engage in terrorist activities.
5.3 THE READINESS OF INDONESIAN PRISON OFFICERS
By using qualitative thematic analysis, a broad theme on the readiness of prison officers emerged. This theme arose, for example, in discussions of how confident the officers were to implement prison-based deradicalisation programs, and in discussions about the institutional problems experienced by the prison officers. Thus, besides terrorist inmates’ personalities as a challenge in the implementation of such programs, the readiness of Indonesian prison officers is also a great challenge for the implementation of the program.
Before discussing this broad theme of the readiness of Indonesian prison officers, two related subthemes that emerged from focus group data should be noted as challenges for the implementation of prison-based deradicalisation programs: internal factors and external factors. Internal factors are factors that relate to “inside” the Indonesian prison themselves, such as self-evaluation and prison officers’
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personal aspects. External factors are those that relate to “outside” the Indonesian prison themselves, such as group-evaluation and prison officers’ collegial aspects.
5.3.1 Internal Factors (Individual Aspects) The study found two results that can be classified as internal factors of the readiness of prison officers that become barriers to implementation:
1. Lack of skills and abilities in terrorist deradicalisation and rehabilitation.
2. Lack of knowledge of religious Islamic teachings.
First, while Indonesian prison officers may have substantial experience in dealing with prisoners, they lacked specific abilities and skills for dealing with terrorist inmates. The existing skills base is limited to dealing with general prisoners such as burglars, robbers, and murderers. Through personal improvisation, officers applied their existing skills when dealing with convicted terrorists. The following are two quotes from focus group participants describing recognition of their lack of applicable abilities and skills:
Frankly, prison officers have no specific training or knowledge in dealing with terrorist inmates. It never happened before. So in any prisons if there is a terrorist inmate, what are we going to do? Especially on deradicalisation programs, or on how to deradicalise someone, currently we are not going so far to this point. (FG3:5)
But, with a terrorist, a belief, this is different ... We can do nothing, we do have a legal basis, the Correctional Institution Law [CIL], but the focus was to general inmates. It is not about a specific type of inmates. That’s all we have. (FG2:4)
The quotes above indicate that although Indonesian prison officers are confident dealing with general prisoners, they feel that their existing abilities and skills are inadequate for implementing prison-based deradicalisation programs. Therefore, intervention and treatment applied to terrorist prisoners is similar to that applied to general prisoners. A focus group participant stressed the reason for this:
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It is because this prison holds all type of the prisoners; it does not specifically address terrorist prisoners. (FG2:3)
Second, although all the focus group participants were Muslim, they felt weaker or less informed than terrorist inmates about the Islamic teachings and the ideology of Islam. As presented in Chapter 2, the type of terrorism in Indonesia is religious terrorism, particularly concerning the misinterpretation of Islam and jihad. In the name of jihad and Islam, convicted terrorists tend to use violence to achieve their established goal. Based on the backgrounds of terrorist prisoners imprisoned in the three Indonesian prison research sites, this is correct – they are all jihadist. Indonesian prison officers believe that terrorist inmates have an advanced understanding of Islamic teachings and ideology.
Convicted terrorists, according to focus group participants, are well-educated individuals in the field of Islamic teachings. Hence, if a convicted terrorist provoked a debate on Islamic teachings or the ideology of Islam, focus group participants were unlikely to argue. Focus group participants believed they would lose a debate about Islamic teachings because “we were not good enough in the ideology of Islam” (FG2:2). Starting a debate on Islamic teachings with terrorist inmates was viewed as useless and to be avoided. Focus group participants said:
Terrorist inmates received the same treatment and rehabilitation programs in all prison in Indonesia. The problem is the programs have not reached their ideology. What we can do was running a kelas pengajian (religious classes). But, still we have limited abilities to run such programs. (FG2:3)
To start a religious chat with terrorist inmates is very difficult. If we say something about religion especially Islam, they will say: “Your Islamic knowledge is weak. I am the best in interpreting Islam ideology.” So it’s useless to discuss about Islam with them. (FG3:5)
These results indicate that prison officers’ professionalism in rehabilitating terrorist inmates is an issue of concern for the Indonesian correctional system. However, it must be appreciated that the officers’ gave a self-evaluation and an honest assessment. The more surprising result is the explanation by the prison
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officers about their colleagues who work in prisons that do not have terrorist inmates. They strongly believe that their colleagues would struggle with many issues if a convicted terrorist were sent to those prisons. Focus group participants imagined:
I still have many issues that we cannot solve in dealing with terrorist inmates even until now. I have around four years’ experiences on the ground but still I am not sure whether I am right or wrong. I do believe my colleagues who have no experience with terrorist inmates will be crazier than me if someday they were given responsibility for rehabilitating terrorist. (FG1:3)
If my colleagues were given a specific task to rehabilitate a terrorist inmate at the first time, they will get confused with what they have to do. What do I have to do with this guy? What treatment do they need? And many more questions. I can imagine that this will be experienced by my colleagues who work in the prison with no terrorist inmates inside previously. (FG3:5)
In conclusion, the focus group results identified two issues as internal factors related to the readiness of the Indonesian prison officers to implement prison-based deradicalisation programs. The first is acknowledgement of the limitations of the skills and abilities of the prison officers. The second is acknowledgement of their limited capabilities in religious Islamic teachings and experiences. These findings of the current study are consistent with those of Eckard (2014), who concluded the typical problem of Indonesian prison officers with limited skills and abilities, and those of Maliki (2013), who assessed that Indonesian prison officers’ religious education and experiences were often lower than those of terrorist inmates. Interestingly, Maliki further explained that this problem occurs not just because the training is not available – it is related to the attitude of the prison officers themselves, in that some do not care about terrorist rehabilitation (Maliki, 2013, p. 12).
These findings are also consistent with studies by C. R. Jones (2014, p. 88) and Ungerer (2011, p. 12), who concluded that prison officers and prison populations regard terrorist inmates highly because the inmates are devout religious men willing to lay down their lives for Islam. These studies may explain the results of the current study regarding why focus group participants thought that they lacked capabilities in religious teachings and experiences, compared to those of terrorist inmates. Osman
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(2014, p. 219) concluded that many prison officers avoid arguments with terrorist inmates because they might be angered or cowed when their “Muslim-ness” is questioned by terrorist inmates. In many cases, according to Osman (2014, p. 219), terrorist inmates are left to themselves by prison officers, who do not wish to be called thogut or syaitan (evil).
Regarding the importance of facilitators’ religious capabilities and the socio- economic aspects to rehabilitating terrorist inmates, it is interesting to compare studies by the ICG and Sukabdi. The ICG’s (2007, p. 13) report stated that socio- economic issues are more important than religious teachings, while Sukabdi (2015, p. 47) found that facilitator knowledge on religion is the most important part of terrorist rehabilitation. Sukabdi’s study (Sukabdi, 2015, pp. 47-48) identified that, from 21 key elements in terrorist rehabilitation, the most important is facilitators’ knowledge about religious teachings, followed by empowerment of convicted terrorists, and humbleness of practitioners (95%, 93%, and 79%, respectively).
Both studies presented rigorous empirical evidence. However, they used different sources of data to explore this issue. In the first study, the data were collected from the implementers, who were senior police officers, by conducting interviews. In the second study, the data came from participants who were terrorist inmates and former terrorist inmates. Therefore, further research on the impact of the religious knowledge of Indonesian prison officers in terrorist rehabilitation is strongly suggested.
5.3.2 External Factors (Collegial Aspects) From the prison officers’ perspectives as the implementers of the program, further challenges were identified, namely the limited number of prison officers, a lack of professional support and training, and a lack of legal protection. These factors can be classified as external factors affecting the readiness of Indonesian prison officers for the implementation of prison-based deradicalisation programs.
In this study, the limited number of prison officers affected the readiness of Indonesian prison officers to implement the deradicalisation program. They faced difficulties supervising prisoner movements and communication between terrorist inmates and ordinary inmates. Some focus group participants (FG1, FG2, and FG3) acknowledged that recruitment was evident in Indonesian prisons. They believe that
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one of the root causes of this phenomenon is the inadequate number of prison officers to supervise every terrorist inmate’s activities. As one focus groups participant said that:
We were limited in number. You might say it’s a classic reason but that’s the fact we encountered. Here in this prison we have 1700+ inmates but the officers who supervise the inmates were only 12 officers. Can you imagine that? Twelve officers should supervise the movement of 1700+ inmates. Moreover there are terrorist inmates who interact with these 1700+ inmates. How to overcome with this problem? (FG3:5)
This finding on the limited number of prison officers regarding the implementation of Indonesia’s prison-based deradicalisation program is consistent with those of studies by Abuza (2009, p. 198) and Eckard (2014, p. 170), who highlighted that understaffing is one of the key problems for Indonesia’s prison- based deradicalisation.
Another issue is the absence of professional support and training for Indonesian prison officers specifically on terrorist rehabilitation and deradicalisation programs. Although the focus group participants showed a strong commitment to rehabilitating terrorist prisoners, lack of professional support and training affects Indonesian prison officers’ readiness to implement programs. In my fieldwork, Indonesian prison officers confirmed that:
We are not receiving any specific training yet regarding the management and rehabilitation model for terrorist inmates. (FG3:5)
The Directorate General of Corrections [DGC] itself has not yet provided training on deradicalisation programs; so, what we are going to do with the programs? Suddenly we were pushed to organise such program for terrorist inmates. We do not know what we have to use. Finally, yes there was nothing so special interventions for terrorist prisoners. (FG1:3)
The finding on the lack of professional support and training for Indonesian prison officers on deradicalisation is consistent with many other studies (Eckard,
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2014; ICG, 2007; Maliki, 2013; Osman, 2014; SFCG, 2013). To address this weakness, studies have recommended that the Government of Indonesia “establish an on-the-job training program for prison administrators designed to improve management practices, supervision of wardens, and knowledge of problem inmates” (ICG, 2007, p. ii).
Furthermore, turning now to legal protection for Indonesian prison officers charged with terrorist rehabilitation, this was also found to be weak, or even unavailable. Focus group participants want support through appropriate legal protection in performing their job of rehabilitating terrorist prisoners. One participant said that:
Convicted terrorists will be accompanied by the Muslim Defender Team [Tim Pembela Muslim – TPM] if they have any legal problems during their incarceration. In contrast, we do not have it at all. (FG2:3)
Similarly, another focus group participant said: “terrorist inmates get fully support of legal advice from TPM; however, we did not get this privilege in implementing deradicalisation programs” (FG2:1). Further, he said that:
The availability of legal protection will make Indonesian prison officers become more confident implementing prison-based deradicalisation programs and other interventions for terrorist inmates. If there is a clash between prison officers and terrorist inmates, we would like to get appropriate protection instead of to be blame and charged in conducting offences breaking prisoners’ rights. (FG2:1)
Focus group participants highlighted the lack of legal protection related to possible conflict between prison officers and terrorist inmates. If the conflict or clash occurs during the incarceration of terrorist inmates, the officers should receive appropriate legal advice and legal protection.
The lack of legal protection for Indonesian prison officers has not been described in the previous studies. This finding does explain that the risk to Indonesian prison officers implementing deradicalisation programs was overlooked
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in the previous studies. These findings are rather disappointing because there have been incidents in Indonesia where threats have been made to Indonesian prison officers and their families, and a target killing has also occurred (Liputan6, 2016). The United Nations Office on Drugs and Crime (UNODC) have reminded prison administrations to “take appropriate steps to ensure the personal safety of staff working in prisons holding violent extremist prisoners” (UNODC, 2016, p. 33).
Attacks from terrorist inmates on prison officers most likely happened, as mentioned in the finding on terrorist inmates’ personalities. Therefore, a research is recommended on the extent of the need for legal protection for Indonesian prison officers who have the specific task of rehabilitating terrorist inmates.
5.4 PROGRAM SUSTAINABILITY
The Indonesian Government seems to realise that a hardline approach alone will not solve the problem of terrorism. Capturing, prosecuting, punishing, or even killing a terrorist cannot solve the problem. The Indonesian Government and most countries throughout the world have realised that a soft approach is an important part of solving and preventing terrorism, including rehabilitating terrorist inmates (Gunaratna, 2011; Gunaratna & Ali, 2015; Neumann, 2010; Schmid, 2013). Therefore, the Indonesian authorities have initiated deradicalisation programs either outside or inside prisons (Bakti, 2014, pp. 173-174).
From my fieldwork in three Indonesian prisons, it demonstrated that Cipinang, Pasir Putih, and Surabaya prisons have been running prison-based deradicalisation programs. Existing studies (Andrie, 2011; ICG, 2007; Osman, 2014) also indicate that these prisons have implemented deradicalisation programs for convicted terrorists. However, based on the experiences of focus group participants charged with implementing these programs with terrorist inmates, the current study identified that the programs have incidental and partial weaknesses. These issues were grouped under a broad theme of the sustainability of the programs. In the other words, the analysis indicated that one of challenges for implementation of the programs is the sustainability of the programs. This finding is consistent with the analysis of the current literature, which indicated that the nature of the programs was recognised as unsustainable (Bakti, 2014; Gunaratna, 2015; ICG, 2007). The focus group finding
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that showed Indonesia’s prison-based deradicalisation programs are incidental and partial is discussed in the following sub-sections.
5.4.1 An Incidental Program Activities implemented for terrorist prisoners were mainly based on the Correctional Institution Law (CIL) as the umbrella legislation of the Indonesian correctional system. Focus group participants explained that “we mainly rely on the CIL as the umbrella act for rehabilitation of prisoners” (FG2:4). The more applicable legal material for the CIL is the Government Regulation Number 31 year 1999 on the Guidance of Prisoners, which also applies for general prisoners, that is, for all types of inmates. The existing Indonesian law and regulations on correctional services was designed for general prisoners and was not intended to be applied to specific types of prisoners, including terrorist inmates. Regardless, interventions for terrorist inmates are basically based on the CIL.
The focus group results reinforced the view that the Indonesian prison-based deradicalisation program is an incidental program. The program was designed as a minor accompaniment to the established treatments and interventions for general prisoners, a logical consequence from the absence of a specific national policy on a prison-based deradicalisation program. As I highlighted in Chapter 2, although a deradicalisation program has been implemented in Indonesian prisons, the Government of Indonesia has no national policy on their use. As a result, in a prison that holds convicted terrorists, the prison director has to develop their own relevant policies and practices. In relation to this ad hoc policy, a focus group participant said that:
Because prison officers do not have standard operating procedures [SOPs] to be used in rehabilitating terrorist inmates, we end up relying solely on the consideration of the prison director. So, it’s different ... The prison director was pleased by the DGC to establish their own policy in managing and rehabilitating terrorist inmates regarding local socio-cultural norms. (FG1:3)
As Indonesia has no national policy on prison-based deradicalisation programs, the interventions and treatments applied for terrorist inmates are generally the same as those applied for general prisoners, as regulated in the CIL and the Government
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Regulation Number 31 year 1999 on the Guidance of Prisoners. Three focus group participants from different prisons said of a comparison between the intervention program for general prisoners and the deradicalisation program for terrorist prisoners:
Interventions were the same. Frankly in this prison there is no specific regulation related with the treatment or interventions for terrorist inmates, as well as specific treatment for the corruptor. It’s because it’s a general prison so we used general interventions and programs as provided in the CIL. That’s what we did for general prisoners. So in dealing with terrorist prisoners, we used our own experiences that we learned from dealing with various types of inmates. (FG3:5)
To check whether the intervention for terrorist inmates has failed or succeeded, we again used general guidance as outlined in Law 12/1995. Because the prison is intended for all type of inmates; it was not for specific inmates like terrorist inmates. (FG2:1)
I do believe we have to treat them differently. But, currently, in this prison we rehabilitate them the same as other inmates. (FG1:1)
Furthermore, the incidental policies and practices for prison-based deradicalisation programs were obvious because the assistance of several other parties (state or non-state actors) in the design and implementation of terrorist rehabilitation was only temporary. For instance, the Australian Government via the New South Wales (NSW) Correctional Services, trained Indonesian prison officers about Violent Extremists Risk Assessment (VERA) including officers from Cipinang and Pasir Putih prisons. Focus group participants acknowledged that:
We have joint cooperation with NSW Correctional Services, and they urged us to employ VERA for the assessment of terrorist inmates. I think DGC still try to find the appropriate model to be used specifically for terrorist inmates. (FG1:3)
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Related to assessment for a convicted terrorist, yes, I got training about VERA from NSW Correctional Services. (FG2:2)
The Ministry of Religious Affairs (MoRA) assisted Indonesian prisons that hold terrorist prisoners, especially by providing religious Islamic scholars to lead discussions on Islamic teachings. This activity was also provided by the BNPT under the BNPT’s deradicalisation program, and by non-state actors. Other than the MoRA and the BNPT, “a corporate also provided the same assistance in presenting Islamic scholars to deliver a speech and discussion on religious classes (kelas pengajian)” (FG2:3). Besides providing Islamic scholars in the prison, non-state actors also get involved actively to help Indonesian prisons to design and implement prison-based deradicalisation programs. Some non-state actors, for example the Prasasti Perdamaian Foundation (Yayasan Prasasti Perdamaian – [YPP]) and the Search for Common Ground (SFCG), have provided assistance for the prison officers with the prisoners’ rehabilitation program, including terrorist rehabilitation. These non- government organisations (NGOs) helped the prison officers and prison authorities to design, implement, and evaluate appropriate training for dealing with high-risk prisoners. A focus group participant said:
Well after VERA, we also have joint cooperation with YPP. They provided an instrument to cover the profile of a terrorist inmate. It was used to decide the distribution of the inmate. It’s like a book record that includes terrorist identity, background, the case and what factors are pushing them to commit terror acts. To get this data, we were urged to use interview the individual prisoners. (FG1:3)
Furthermore, he explained that:
There was also cooperation with SFCG. They also offered an assessment instrument, they called profiling. It is actually similar to YPP’s. It may be just the approach was different. YPP’s was more focused on the psychological side of a convicted terrorist. They always remind us that convicted terrorists always were a multi personal. So we have to be careful
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that what they say is not necessarily the truth. On the other hand, profiling more focus on the humanist aspects. (FG1:3)
These activities indicated the program was incidental, complementing established rehabilitation programs applied to general inmates. As a result, Indonesian prison officers believe that this is a challenge in rehabilitating terrorist prisoners. They believe inviting Islamic scholars to lead religious discussions “has no effect for the terrorist inmates because they were just coming once and there were no further actions” (FG2:2). Although prison officers have improvised, focus group participants viewed this as unsatisfactory (FG1; FG2; and FG3).
To sum up, incidental programs and practices on deradicalisation is one of the challenges faced by Indonesian prison officers implementing deradicalisation programs. Focus group data revealed that the Indonesian prison officers modified established rehabilitation programs as they have been applied for general prisoners as regulated in the CIL and Government Regulation Number 31 year 1999; they then applied these programs to terrorist inmates within their own personal experiences of working within the prisons. This finding concurs with those of Bakti (2014, p. 191) and Istiqomah (2012, p. 269), who concluded that treatments and interventions applied to terrorist inmates were the same as those regulated in the CIL.
Furthermore, an incidental program was indicated by the findings on the assistance available for Indonesian prisons from other institutions, such as NSW Correctional Services, the YPP, the SFCG, and the MoRA. These findings are consistent with those of Eckard’s study, which showed that the Indonesian deradicalisation program was an ad hoc and fragmented program (Eckard, 2014, pp. 165-166). In addition, unlike in Cipinang, Pasir Putih, and Surabaya prisons, prison- based deradicalisation programs have not been developed and established in several prisons even though these prisons also hold terrorist inmates. Example are Pakjo Prison in South Sumatera and Gunungsari Prison in South Sulawesi (Andrie, 2011).
Overall, these findings support Eckard’s conclusion that Indonesia’s prison- based deradicalisation program is a low to moderate institutionalised program (Eckard, 2014, p. 164). Therefore, Indonesia’s prison-based deradicalisation program differs from those of other countries such as Singapore, Saudi Arabia, and Malaysia, which have been “given credit for their achievements in the development of a
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structure for counter-terrorism policies” (Gunaratna & Hassan, 2011, p. 55). From the results and the existing literature on Indonesia’s prison-based deradicalisation program discussed above, the nature of the Indonesia’s program can be described as an incidental program, as illustrated in the Figure 5.2 below.
Figure 5.2 Indonesia’s Prison-based Deradicalisation Program: Prison Officers’ Perspectives
Implementer Deradicalisation Programs
DGC/Prison Officers Existing rehabilitation BNPT program for ordinary prisoners Ordinary (under CIL) Inmate
INP
Incidental MoRA program for terrorist inmates MUI
Rehabilitation
NGOs Terrorist Inmate Other Actors
Note: BNPT = Badan Nasional Penanggulangan Terorisme (National Counter Terrorism Agency); CIL = Correctional Institution Law; DGC = Directorate General of Corrections; INP = Indonesian National Police; MoRA = Ministry of Religious Affairs; MUI = Majelis Ulama Indonesia (Indonesia Ulema Council); NGOs = Non-Governmental Organisations.
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5.4.2 A Partial Program Several interventions and activities fall under prison-based deradicalisation programs in Indonesia. However, they have not all been applied to all terrorist inmates – even among those in the same prison. This situation reinforces the partial nature of the program, which is, in part, due to rejection of program involvement by non-cooperative terrorist inmates, as explained by a focus group participant that:
Convicted terrorists, especially who were in the category of non-cooperative terrorist inmates or the “ideologue” will reject any programs offered by the prison officers. (FG2:2)
In terms of the number, focus group participants also stated that majority of terrorist inmates rejected any kind of program interventions, including prison-based deradicalisation activities:
We have asked terrorist inmates to participate in the training, and it has been done in other prisons, such as Cibinong, Semarang, Porong, Poso, and so on. The response of convicted terrorists to involvement in the programs was actually antipathy. The majority of them were not interested in joining such programs. They were so disrespectful of what we offered to them. So not all convicted terrorists get involved in, even we push them harder. (FG1:3)
Terrorist prisoners, especially the non-cooperative, will reject any activities or interventions that we have developed especially for terrorist inmates. (FG2:1)
From the above quotes, it can be seen that the terrorist inmates showed a strong determination to not engage in any activities initiated by the prison authorities. This refusal is because the prison authorities and the prison officers were perceived by the terrorist inmates as “the government’s tool” (FG2:5) inside the prison walls. As mentioned in Chapter 2, the existing literature shows that the Indonesian Government is perceived as an enemy (thogut) by terrorist inmates. Thus, the Indonesian prison officers were also perceived as enemies. This perception is a huge challenge for Indonesian prison officers implementing prison-based deradicalisation
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programs. In accordance with these findings, previous studies showed that, when the terrorist inmates were asked about their participation or engagement in prison-based deradicalisation programs, most of the interviewees said that “they hadn’t been part of any deradicalisation programs while in prison” (Ungerer, 2011, p. 16).
Apart from the rejection of programs, a timeline for the interventions also has prevented all of the terrorist inmates receiving prison-based deradicalisation programs. In Cipinang prison, for example, initiatives of conflict management training (CMT) and life skills training (LST) proposed by the SFCG have been implemented; however, not all of the terrorist inmates have had the same opportunity to participate because these initiatives were provided by NGOs and only offered for a limited time. Therefore, terrorist inmates sent to the prison more recently did not receive the same interventions. However, a focus group participant said that “CMT and LST were appropriate interventions for terrorist inmates; and it showed a good result for the rehabilitation of the participants” (FG1:3).
Although CMT and LST were judged appropriate activities by the Indonesian prison officers, the sustainability of the program was not guaranteed because of funding. A focus group participant explained that “because the programs were costly, we do not know if DGC can provide suitable funding” (FG1:3). Therefore, the partial nature of the program is associated with uncertain funding and timeline limitations.
Terrorist inmates’ refusal to participate in any prison programs has been mentioned in the previous section. Regarding the timeline constraints for the assistance provided by other agencies, this finding is consistent with the report published by the SFCG, which assisted the DGC and prison officers to apply CMT and LST to terrorist inmates. The report recognised that the program was only a one- year project, from June to December 2013 (SFCG, 2013). In addition, the problems of funding for the implementation of the prison-based deradicalisation program in Indonesia match those observed in earlier studies, such as those by Abuza (2009) and Eckard (2014).
Interestingly, VERA was recognised as a less relevant risk assessment instrument in the context of socio-cultural Indonesia. One focus group participant stated:
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VERA was less relevant to be applied to terrorist inmates in Indonesia. If VERA was used for terrorist prisoners’ risk assessment in the Indonesian context, the result might be bias. All terrorist inmates in Indonesia will be classified as radical and pro-violence individuals. In fact, some of them have successfully left pro-violence acts. (FG1:3)
Furthermore, he explained that:
For example, if a respondent asked: would you like to mati syahid (to die in the name of Islam)? I do believe if Indonesian, as a Muslim majority country, were asked like that, they will be willing to do that. It’s because our religious teaching is like that. We were afraid, if VERA will be used, it’s not just terrorist inmates were radical, Islamic students in Islamic schools will be also identified as radicals. (FG1:3)
Until recently, the finding that VERA is regarded less relevant to the socio- cultural context of Indonesia was not discussed in the existing studies. Therefore, this result needs further investigation, particularly from “the lens” of the program.
Next finding relates to family assistance in the Indonesia’s prison based- deradicalisation program. Focus group participants believe that family involvement in the program policy will foster the successful attainment of the goals of the terrorist rehabilitation and integration programs. However, based on the experiences of focus group participants, family assistance is not included in the existing programs – the programs are not holistic within the family of terrorist inmates. For this reason, besides partiality due to rejection, timeline limitations, and funding, Indonesia’s prison-based deradicalisation program can be considered as a partial program due to its scope not including terrorist inmates’ families. A focus group participant said that:
The family of terrorist inmates must be taken care of. It should be included in the BNPT’s programs. School fees for their children or small capital for his wife to run a small business must be assisted. (FG2:3)
Moreover, another participant said, “I believe that assistance or attention to the terrorist inmates’ families would be useful in reducing their radical beliefs” (FG3:1).
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Further, one participant noted the importance of the family rather than the prison officers in reducing terrorists’ radical beliefs:
So, the most important thing was that the government approaches, supervision and intervention must be holistic. That’s why for terrorist deradicalisation was not just for the prisoner but also for their family. The role of family was very important to prevent a terrorist inmate continuing their wrongful acts in the future. We, prison officers, are nothing compared to terrorist inmates’ family on deradicalisation. (FG3:5)
Based on observation during the focus groups, there was a strong belief among focus group participants about the need for family assistance to be incorporated into the program. A possible explanation is that full care of the families of terrorist inmates will lead to easier communication with the terrorist inmates, resulting in more effective rehabilitation or deradicalisation.
Regarding the finding that families were not included in the programs, although it differs from that of a study by Kruglanski, Gelfand, and Gunaratna (2011), it is partially consistent with the ICG’s (2007) report. In this report, the ICG highlighted that there was an incentive provided by the Indonesian National Police (INP) for the families of some terrorist inmates but not for others. For example, the families of jihadi detainees from Ambon did not receive any incentive from the authorities.
Moreover, this result suggested that if the family assistance was included, it would help the task of prison officers in achieving the goals of terrorist rehabilitation and deradicalisation programs. This result agrees with the findings of other studies (ICG, 2007; Pendleton, 2008; Ranstorp, 2009), which concluded that family assistance is an important part in terrorist deradicalisation in the Indonesian context.
In addition to this, it is interesting to compare the result of the current study with those of Sukabdi’s (2015) study, particularly on the behavior transformation process of convicted terrorists in the Indonesian context. Sukabdi’s study showed that the most important points for the behavior-transformation process from pro- violence to non-violence were the understanding of the contexts of daar al harb (state of war) and daar as salam (state of peace), as admitted by 98% of the study
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participants (Sukabdi, 2015, p. 44). According to Sukabdi (2015, p. 44), other factors were finding their kin, such as their family, friends, significant others being hunted and arrested by law enforcement (91%), being arrested (67%), meeting bombing victims (23%), interacting with law enforcement people with good attitudes (19%), and disappointment toward leaders (16%). Meanwhile, there was a small number of reading inspiring Islamic books by reputable charismatic ima’am (clerics) about jihad, using the soft method (2%).
Therefore, the focus group participants’ belief in the current study, that the absence of family assistance was an issue in the implementation of programs for terrorist inmates, differs from Sukabdi’s results. Although family is also one factor in supporting behaviour transformation of terrorist inmates, in Sukabdi’s study, the findings indicated that socio-economic assistance is not the issue. The issue is when a convicted terrorist realises their family is also being hunted and arrested.
In this matter, a further study on the extent of family assistance can improve terrorist rehabilitation is suggested. Moreover, as mentioned previously, other studies (ICG, 2007; Pendleton, 2008; Ranstorp, 2009) have demonstrated that family assistance is a vital part of terrorist rehabilitation in Indonesia. In addition, related to the prisoner re-entry process, Naser and La Vigne have reviewed studies on families and criminal behaviour, and concluded that “prisoners with greater contact with family have more positive post-release outcomes” (Naser & La Vigne, 2006, p. 94).
5.5 INSTITUTIONAL INFRASTRUCTURE PROBLEMS
In terms of institutional infrastructure problems, participants realised implicitly that rehabilitating terrorist inmates requires a supported and well-funded prison environment. If the prison environment is not conducive, such as being overcrowded, it will hinder the efforts to rehabilitate convicted terrorists, or act as a trigger factor for the spread of radicalisation inside the prison.
From the results of the focus group series, two infrastructure issues were identified as barriers to achieving the objectives of the prison-based deradicalisation program. They are the overcapacity issue and the practices for housing terrorist convicts. These issues were evident, for example, in discussions of the large number of inmates in the prisons and whether there should be segregation or integration of terrorist inmates and ordinary inmates. From these two issues, a broad theme of
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institutional infrastructure problem emerged. Thus, I concluded that institutional infrastructure problems are challenges faced by Indonesian prison officers implementing prison-based deradicalisation programs.
5.5.1 Overcapacity The Indonesian prison system continues to face the problem of overcapacity. This problem has been always evident throughout most Indonesian prisons, especially prisons located in the big cities (General Elucidation of The Decree of the Minister of Law and Human Rights Number M.HH-07.OT.01.03, year 2011).
Based on the findings from the focus groups in the three Indonesian prisons studied, this common problem affects the tasks and responsibilities of prison officers during implementation of the deradicalisation program in these prisons. Participants from all the focus groups were mainly concerned that overcapacity helped the spread of radical beliefs in the prisons (FG1; FG2; and FG3). A participant explained the negative impact of overcapacity on the deradicalisation program:
Because one prison officer has to look after and supervise so many inmates, which is why in the prison sometimes we failed to prevent the spread of radical beliefs. It was much easier to supervise if they were placed on the field together and we supervise from the top. We could. But now, in one block there were five wings where each wing has 12 rooms, so there were 60 rooms in one block. How do we supervise effectively? In this case, we might fail to prevent the spread of radical beliefs. (FG3:3)
A focus group participant in another prison also acknowledged that overcapacity was a barrier in preventing the spread of radical beliefs. As they admitted, in the prison site there had been a case in which some ordinary prisoners was suspected of recruitment by a terrorist inmate, “Abu Husna” (FG2:2). Another focus group participant stated that a narcotics prisoner was successfully recruited in the prison. This required transferring the offender to another prison, “preventing further communication between terrorist inmates or the recruiter and the narcotics offender” (FG3:1).
On the other hand, a big prison and a large population of inmates were an advantage for convicted terrorists who were running small businesses inside the
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prison. Large numbers of prisoners meant large numbers of prospective consumers. A large prison population certainly provides benefits for the businesses inmates set up in the prisons. This is particularly evident in Surabaya Prison, where convicted terrorists were given considerable freedom to establish and run businesses inside the prison. Hence, overcapacity in the prison aids undesirable activities by terrorist inmates.
These data showed that the correlation between a large number of inmates in a prison and the presence of terrorist inmates is interesting because terrorist inmates might benefit from the large number of inmates. At least two benefits were identified:
1) Inmates have a great opportunity to recruit followers or sympathisers from other type of inmates
2) Inmates have a huge market through which to develop their businesses inside the prison.
Furthermore, how prison officers evaluated the situation is an interesting question to be explored. In answering a follow-up question during the focus group, “is close interaction between terrorist inmates and other types of inmates good or bad for prison officers?” the responses were diverse; some liked it while others did not, as can be seen in the following quotes:
To me it was good. When they have mingled with each other, then there was comfort. We could definitely guarantee the security. (FG3:1)
I was worried. We do not know exactly what they did. So we are afraid there was a recruitment process. (FG1:3)
Nevertheless, if terrorist inmates have plentiful opportunities to interact with other types of inmates due to overcapacity, the probability that their established radical beliefs will spread is higher, as expressed by a focus group participant:
Because terrorist inmates can freely interact with many inmates in the prison, terrorist inmates have a huge chance to transfer their radical beliefs to other inmates. They also can go to the other blocks. Moreover, if there was
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overcapacity and lack number of officer issues, like here in this prison, recruitment will easily occur. We had difficulty supervising all of their activities. (FG3:5)
Overall, the data from the focus groups demonstrated that officers believe overcapacity is a good environment for terrorist inmates, but is bad for the prison officers implementing prison-based deradicalisation programs. As the above quote notes, it is difficult to supervise many inmates with minimal officers, heightening the risk of radicalisation within the prison. To deal with this problem, currently Indonesian prisons that hold terrorist inmates have to develop their own policies and practices on housing terrorist inmates.
These findings match those observed in Gunaratna’s (2011, p. 65) study that identified a correlation between the prison environment and the spread of radical beliefs in the prison. The findings are also consistent with those of a number of other previous studies (Eckard, 2014, p. 170; Istiqomah, 2012, p. 31; Jones C. R., 2014, p. 87; Osman, 2014, p. 222), which outlined overcrowded prisons and the problems in practices for housing management of terrorist inmates, whether segregated from or integrated with other inmates. Interestingly, these four studies also mentioned prison corruption, which did not arise in focus group discussions in the current study.
Regarding prison overcrowding, UNODC (2016, p. 11) realised that overcrowding often occurs in low-resource countries and post-conflict environments, where meeting basic requirements may pose significant challenges. UNODC (2016, p. 12) suggested that “tackling poor conditions in prisons should therefore be considered as an integral part of the effort to counter violent extremism in prisons”, such as in Somalia. This country successfully tackled overcrowding, providing running water, beds and televisions for the prisoners, which led to reduced prison violence, and enabled prison officers to deliver disengagement activity effectively.
As presented in Chapter 2, the DGC has no national policy on how terrorist inmates should be housed in Indonesian prisons. Therefore, terrorist inmate housing depends on the policy of individual prison directors, policy as to whether they will be segregated from or integrated with other inmates, or perhaps isolated. In the three prisons studied, I found that in Cipinang and Surabaya prisons terrorist inmates were placed in a special block separated from the other types of inmates. In Pasir Putih
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Nusakambangan Prison they were housed in the same block with ordinary prisoners; however, previously they were placed in a special block. At the time of writing, Pasir Putih Nusakambangan Prison no longer has a special block for terrorist inmates. These practices, according to focus group participants, become a challenge for implementing prison-based deradicalisation programs. The problem of housing is discussed in the following section.
5.5.2 Obscurity of Segregation Practices The practices for housing terrorist inmates in Indonesian prisons present a challenge for Indonesian prison officers. As mentioned earlier, terrorist inmates’ housing depends on the policy of the prison directors regarding segregation from or integration with other inmates. The practices, however, remain unclear, even when a segregation policy has been chosen. As a result, communications among terrorist inmates occurs, as well as close contact between terrorist inmates and other ordinary inmates. Two focus group participants emphasised that:
For example, even here in this prison where terrorist inmates were housed in a special block, communication between terrorist inmates and other type of inmates remain happens. It is because on a specific time they must do the same activities such as doing prayers together in the mosque or doing sports. (FG1:1)
The DGC has not ruled on the housing policy and practice for terrorist inmates. So it depends on the prison director. Because their vision and mission were varied, the policy adopted in each prison that holds terrorist inmates were also varied. Each prison director has their own consideration in this matter. (FG1:3)
Moreover, focus group results indicated that there is a similar concern about the need to segregate non-cooperative terrorist inmates who are ideologues or hardliners from the rest of terrorist inmates, and within prison population. A focus group participant noted that “segregation policy must also be made for terrorist inmates” (FG3:5). A focus group participant strongly argued that imprisoned terrorists who are categorised as non-cooperative should be segregated from those who are categorised as cooperative. It is because:
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The practices to mix non-cooperative and cooperative terrorist inmates will affect the implemented programs received by cooperative terrorist inmates. (FG2:4)
Thus, participants believe that unclear housing practices on segregating non- cooperative and cooperative terrorist inmates will affect the outcome of the program received by the cooperative terrorist inmates. The following two quotes show the effect of unclear housing practices for terrorists on the deradicalisation program.
Unclear policy and practices in segregating non-cooperative and cooperative terrorist inmates might affect our effort negatively in implementing deradicalisation programs. (FG2:4)
It was a challenge for us if the housing practices for terrorist inmates were unclear, particularly in limiting contact between non-cooperative convicted terrorists or “radical inmates” or “the ideologist”. If non-cooperative and cooperative convicted terrorists can make close contact, positive results in rehabilitating cooperative convicted terrorists will vanish. (FG3:2)
In this situation, Indonesian prison officers’ efforts to rehabilitate terrorist inmates will be affected. Focus group participants worried that, although deradicalisation programs have been implemented for terrorist convicts, and especially for cooperative terrorist inmates who are willing to engage in a program, “the effect of the implemented program will be diminished if they have a chance to get in touch and gain communication with non-cooperative terrorist inmates” (FG3:1). Through opportunities to communicate, non-cooperative convicted terrorists will always try to convince cooperative convicted terrorists to keep their established radical beliefs and view the imprisonment as a time for isolation. As one focus group participant said:
If non-cooperative and cooperative terrorist inmates were housed in one block, they will absolutely gain better communication with each other. In this occasion, I believe they have a leader (Amir) who is an “ideologist” or a non-cooperative terrorist convict. If this was happens, we can do nothing
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with the rest of the group especially to those who are cooperative with us. I do strongly believe that all terrorist inmates regardless their radical level will follow what the Amir (the leader) said. The program that we implemented will be useless indeed. (FG1:3)
Regarding policies on housing for incarcerated terrorists, the three Indonesian prison research sites deployed different policies. Pasir Putih Nusakambangan Prison had an integration policy, while Cipinang and Surabaya prisons had a segregation policy. Based on the fieldwork for this study, focus group participants believe the policy adopted has a specific causal link to outcomes.
The focus group result in Pasir Putih Nusakambangan Prison indicated that integration was better than segregation. This was because prison officers had experienced a negative impact from segregation. When terrorist inmates were housed in the same block, they became a strong group. Therefore, the prison integrated terrorist inmates with the ordinary inmates. As such, a terrorist inmate may be housed in the same cell with non-terrorist inmates.
In Cipinang Prison, however, focus group data indicated that terrorist inmates must be segregated. Prison officers in Cipinang supported the policy of segregation. This policy was adopted due to Cipinang Prison experiencing a riot situation where fighting between terrorist inmates and other ordinary inmates occurred. Since that time, terrorist inmates have been housed in a special block separated from other ordinary inmates.
The policy and practices in Surabaya Prison are interesting. Although a segregation policy has been adopted, in some cases the practices in Surabaya Prison indicate integration. Because of the overcapacity issue, with no room available in other blocks, other types of inmates are sometimes housed in the special block where terrorist inmates are housed. Furthermore, Surabaya’s prison officers apparently support integration policy. To some extent, they believe that integration is better for terrorist deradicalisation, even though it was not clear how they judged whether a terrorist was deradicalised or not. Hence, although segregation policy was adopted, the practices showed considerable integration. In other words, Surabaya Prison employed a “middle road” or “mixed” policy of segregation and integration.
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Differences in policy and practices on the housing of terrorist inmates among prisons in Indonesia have been found in other studies (Eckard, 2014; ICG, 2007; Osman, 2014; Ungerer, 2011). According to Eckard (2014, p. 168), this issue was triggered by the absence of a formalised deradicalisation policy. In addition, the current finding of the need to segregate non-cooperative terrorist inmates who are ideologues or hard-liners from the rest of the prison population supports those of previous studies (ICG, 2007, pp. 8-9), which found that some non-terrorists were successfully radicalised by Imam Samudra in Kerobokan Prison; and even a prison officer, Beni Irawan, was also radicalised.
Although in some cases radicalisation has occurred in Indonesian prisons due to an integration policy, some focus group participants noted that it was effective for terrorist rehabilitation. Therefore, investigating the effectiveness of integration policy for terrorist deradicalisation is an interesting topic for future research.
In addition, the availability of a special block for terrorist inmates can cause an imbalance in the distribution of room for other ordinary inmates. The number of terrorist inmates is not high; if they are housed in a separate block, each terrorist inmate probably has their own room. This environment can be the opposite of that for non-terrorist inmates. According to a focus group participant, “it occurred in other blocks where the number of non-terrorist inmates was so high then they should be placed together in one room” (FG3:5). Housing management for all inmates in the prison, however, faces various and significant challenges.
5.6 UNAVAILABILITY OF COLLABORATIVE MECHANISMS
Focus group data revealed two prominent insights related to collaborative mechanisms as challenges in the implementation of Indonesia’s prison-based deradicalisation programs. The first was the lack of cooperation and coordination between the BNPT and the DGC, and the second was unorganised partnerships. From these challenges, it appears partnerships have not been well-managed among the key actors in terrorist rehabilitation and deradicalisation programs. Furthermore, a broad theme of unavailability of collaborative mechanisms emerged by analysing these challenges.
In considering the terminologies of “collaboration” and “partnership”, these terms are used interchangeably in this thesis because it was difficult to distinguish
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the two terms in the field (Duong, 2010, p. 169). Collaboration and partnership both involve a common environment, networking, shared goals, and shared commitments (Carnwell & Carson, 2009). However, strictly speaking, partnerships go beyond merely working together; they represent the higher end of the linkage continuum of involvement, collaboration, participation, and partnership (Carnwell & Carson, 2009).
According to Kaats and Opheij (2014), coordination mechanisms and cooperation are essential parts of effective collaboration between organisations that automatically entail cooperation between people in the organisations. The existing literature on collaboration and partnership shows that there are some indicators that can be used to evaluate whether collaboration is good or bad. However, the available evaluation criteria were not used to evaluate the coordination and cooperation between the BNPT and the DGC on prison-based deradicalisation programs because this research had a different focus: to examine Indonesian prison officers as the implementers of terrorist rehabilitation and deradicalisation programs.
5.6.1 Lack of Cooperation and Coordination between the BNPT and the DGC Indonesia’s prison-based deradicalisation programs have been run by three major state agencies: the INP, the BNPT and the DGC (Bakti, 2014). Although these state actors treat convicted terrorists and claim that they are working for terrorist deradicalisation and rehabilitation, their main objectives are different (ICG, 2007; Osman, 2014). Hence, Eckard (2014, p. 169) concluded that the objectives of Indonesia’s prison-based deradicalisation program are difficult to determine.
The INP’s deradicalisation program, for example, is directed to further investigation or intelligence-gathering from arrested terrorists. The use of the accused terrorists for the purpose of intelligence-gathering showed positive results where several terrorist plots were dismantled (ICG, 2007). The BNPT, according to several studies, is more focused on terrorist disengagement than on deradicalisation (Eckard, 2014; IRIN, 2012). This is understandable because the scope of the BNPT’s program on deradicalisation is broader, covering inside and outside prison facilities (Bakti, 2014). The focus of the DGC is the closest to terrorist rehabilitation, although it does not address terrorist deradicalisation (Istiqomah, 2012).
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Other institutions are also involved in the prison-based deradicalisation programs, both state and non-state actors. State institutions involved in prison-based deradicalisation programs include the MoRA. Meanwhile NGOs that are helping Indonesian prisons to develop programs and evaluate terrorist rehabilitation include the YPP and the SFCG, as identified earlier.
Of the many agencies that are involved in prison-based deradicalisation programs, the focus group results revealed that the lack of cooperation and coordination between the BNPT and the DGC was a significant problem. Although the BNPT coordinates the national deradicalisation program,27 the majority of focus group participants were disappointed with the BNPT’s performance in this area. Focus group participants explained:
Identifying problems with the deradicalisation program for terrorist inmates, BNPT was too far from us. BNPT should be directly involved in the interventions, whatever the programs or activities; and then, together with us implementing it in the prison. So far it was not like that. We, prison officers, were likely to be working alone on terrorist rehabilitation. (FG2:4)
When BNPT came to the prison, they asked to meet with terrorist inmates. They sent a letter and provided the catering. We facilitated the room in the prison. They met with the inmates, provide a gift, took photos, and gone. Terrorist inmates went back to their cells. That’s it. We need more than that. Moreover, BNPT was a specific state body on counter terrorism so they should be able to do more. (FG1:3)
However, one focus group participant mentioned that, since 2014, the involvement of the BNPT in the implementation of deradicalisation programs inside the prison had been better than previously. He was quite optimistic about the involvement of the BNPT since then:
27 Based on Article 3 (d) Presidential Decree Number 46 year 2010 on National Counter Terrorism Agency.
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I am going to mention BNPT’s programs both in the past and the present. Since its establishment in 2010 until 2014, BNPT’s programs on prison- based deradicalisation were not clear. They came to prison without a clear focus. They just had a chat, took photos, finished, that’s all. They only did this in every site visit to prison. And they asked the same things of terrorist inmates, for example why you were here, what’s wrong, whoever was coming. Terrorist inmates don’t like it. After 2014 and 2015, it was better. The questions and activities given to terrorist inmates were various, such as asking terrorist inmates their opinions about jihad, then they borrowed a book. In the next visit, they had a discussion regarding the book. I, as a prison officer, like these activities where it seems to be structured and measurable. (FG3:5)
Although one focus group participant mentioned that there was an improvement in terms of performance of the BNPT in coordinating the program, all agreed that there were many shortcomings that must be solved regarding program coordination and cooperation between the BNPT and the DCG. Therefore, the unclear nature of the BNPT’s contribution to the program was believed by the focus group participants as one of the challenges for deradicalisation programs. Indonesian prison officers hope that collaborative mechanisms between the BNPT and the DGC can be evaluated so that the BNPT’s staff and prison officers can work together to better implement the programs. As a focus group participant noted:
Cooperation and coordination between BNPT and DGC need an evaluation and the findings should improve implementation of the prison-based deradicalisation program. (FG1:1)
Focus group data indicated that lack of coordination and cooperation between the BNPT and the DGC was one of the challenges in the implementation of prison-based deradicalisation programs. These issues are evident in practice, where prison officers had experienced lack of support from the BNPT’s staff in working together to achieve terrorist rehabilitation or deradicalisation. This result is consistent with those of other studies (IRIN, 2012; Istiqomah, 2012; Sarwono, 2012). “To design a global
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strategy to counter jihadi ideology inside the prison”, Istiqomah (2012, p. 268) suggested that the correctional system and its administration require reform.
Furthermore, the lack of coordination and cooperation between the BNPT and the DGC resulted in a “passive” attitude among some Indonesian prison officers towards prison-based deradicalisation programs. Indonesian prison officers believe that the BNPT, within its establishment objectives, has the main task of deradicalisation of imprisoned terrorists, particularly the “hard-liner convicted terrorist” (FG3:4). Another participant also agreed, saying that:
Without intention to pass the job [rehabilitating convicted terrorists], the responsibility for deradicalising convicted terrorists must be at the BNPT’s hand. (FG3:5)
A strong commitment to building an effective partnership between the DGC and the BNPT is evidenced by a memorandum of understanding (MoU) between the agencies, signed by the former Minister of Law and Human Rights, Amir Syamsudin, and the former head of the BNPT, Ansyaad Mbai, on 23 July 2014 (Ditjenpas RI, 2014b). Recently, the Director General of Correction, I Wayan K Dusak, and the Deputy of the BNPT, Abdul Rahman Kadir, also signed a MoU on the management of a deradicalisation centre in the special prison for terrorist inmates (Ditjenpas RI, 2016b). However, as found in the current study, realisation of this commitment can be questioned, especially at the lower level of actors or in the real implementation of the collaboration.
Further research from different perspectives is recommended to assess whether the same problem is encountered by the BNPT’s staff. In addition, future studies need to evaluate collaboration between the DGC and the BNPT, especially because it is apparent that achieving good collaboration has been difficult. In this regard, all the evaluation criteria in the existing literature on partnerships and collaboration could be used.
5.6.2 Unorganised Partnerships The key state agencies for prison-based deradicalisation programs are the DGC, the BNPT and the INP, with support by others such as the MoRA. Besides
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state agencies, non-governmental bodies involved in prison-based deradicalisation activities include the SFCG, the Prasasti Perdamaian Foundation (Yayasan Prasasti Perdamaian – [YPPP]) and the Legal Aid Institute (Lembaga Bantuan Hukum – [LBH]). The involvement of many agencies in the effort to rehabilitate terrorist inmates, on one hand, is beneficial because “it will help prison officers in rehabilitating terrorist inmates” (FG2:5). This suggests that prison officers need collaboration with other people or agencies in order to rehabilitate or deradicalise terrorist inmates. As a focus group participant realised that:
If rehabilitation or deradicalisation of terrorist inmates was only the correctional responsibility, we work alone on it, it will be so difficult. (FG3:3)
However, focus group participants also recognised that collaboration between agencies has not been managed well. Consequently, programs implemented as a result of collaborative work have not been particularly successful in terrorist deradicalisation. For instance, focus group participants believe that Islamic scholars provided by the MoRA and several private companies to lead religious classes (kelas pengajian) do not meet the needs of terrorist inmates:
What we have done is regular religious classes [kelas pengajian] to all the prison population including terrorist inmates. It was held in the prison’s mosque. However, related to terrorism and terrorist prisoners, we need an active role from the MoRA, for example, in providing a leading cleric or Islamic scholar who can challenge terrorist beliefs. (FG2:3)
We do have religious classes [kelas pengajian] that were supported by the MoRA, Indonesia Ulema Council [Majelis Ulama Indonesia], and private companies. However, the content of these classes were mostly general issues on Islam that encourage people to be a good person as a Muslim. This was not relevant for terrorist inmates since they have their own interpretation about Islam. (FG2:2)
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The quotes above demonstrate that the classes were not focused on the issue of terrorism and the needs of terrorist inmates. The content of such religious classes (kelas pengajian) that have been delivered to the prison population (including terrorist prisoners) is the same as that for community groups. According to a focus group participant, “the content of the speech and discussion must be directed to and should challenge the beliefs of incarcerated terrorists” (FG2:2).
The participation of non-state actors in Indonesia’s prison-based deradicalisation programs, on the other hand, was highly appreciated by the focus group participants. For example, the CMT and LST programs were facilitated and organised by the SFCG in cooperation with the DGC, the Jakarta Legal Aid Institute (LBH) and the Prasasti Perdamaian Foundation (YPP). These interventions were valued as “the most appropriate activities to be used and integrated in prison-based deradicalisation programs” (FG1:3). Moreover, the activities were not only recognised as successful by the implementers, but were also recognised by participants. For example, a convicted terrorist, Abdul Rouf, who was sentenced to 16 years in prison for his involvement in the first Bali Bombing attack, recognised the program was good:
This is the third day of a five-day training course I am following here. The result is very good. I can understand more about other inmates, the differences among us here. (SFCGI & DITJEN PAS, 2010, p. 5)
Although focus group participants were satisfied with the programs delivered by these NGOs, the sustainability of activities initiated by the NGOs remains a problem of critical concern. As NGOs conduct activities and evaluate project outcomes within a strict timeline, the survival of interventions greatly depends on the input of the DGC and or the BNPT. A focus group participant commented that:
We do not know whether the program will continue or not, depending on funding and our boss. We are just executors. (FG1:3)
Overall, the involvement of many agencies, either state or non-state actors, is problematic. Indeed, many agencies are involved in prison-based deradicalisation
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programs, as the focus group participants have experienced, but partnerships and collaboration remain unorganised. This finding is consistent with those of a number of studies (Eckard, 2014; ICG, 2007; IPI, 2010; IRIN, 2012; Ungerer, 2011). These previous studies explain that, although there are many actors working on terrorist deradicalisation, the efforts have not been fully integrated.
The principal findings of this investigation suggest that, although partnerships have been emphasised as playing an important part in achieving the goals of the deradicalisation program, evaluation of the implementation is required. Furthermore, various capacity constraints on partnerships must also be considered, such as managing barriers to working together, budgeting issues, resource sharing, and other possible difficulties in working collaboratively. Therefore, further research on developing effective partnerships and collaboration among institutions, either state or non-state actors, is worthwhile.
Together, these results provide important insights into the existence of unorganised partnerships in delivering prison-based deradicalisation programs in the Indonesian context. In addition, if a partnership is going well, the programs should continue for the terrorist inmates. Therefore, the future of collaboration with NGOs on prison-based deradicalisation programs should be maintained; otherwise, the programs will remain incomplete program, as will the effect on terrorist inmates.
5.7 CONCLUDING REMARKS
This chapter has investigated the challenges that Indonesian prison officers face when implementing Indonesia’s prison-based deradicalisation program. To investigate such challenges, thematic qualitative analysis was employed. Analysis of the focus group data revealed five broad themes as challenges faced by Indonesian prison officers:
1. Terrorist prisoners’ personalities.
2. The readiness of Indonesian prison officers.
3. The sustainability of the program.
4. Institutional infrastructure problems.
5. Unavailability of collaborative mechanisms.
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Furthermore, the discussion of the findings in this chapter indicates that, although the Indonesian Government has paid considerable attention to deradicalisation initiatives and has undertaken a wide range of activities to rehabilitate terrorist inmates, programs have been scattered and without focus. Thus, these efforts have not helped significantly in reducing recidivism related to terror acts. It is evident that a number of terror acts in Indonesia have been committed by former terrorist inmates. The spread of radical beliefs in Indonesian prisons is also evident (Andrie, 2011; ICG, 2007; Ungerer, 2011).
To sum up, the analysis of Indonesian prison officers’ experiences reported in this chapter provides insights useful for the evaluation of existing policies and practices for the implementation of prison-based deradicalisation programs. The analysis suggests that the experiences and perspectives of prison officers as the main implementers of prison-based deradicalisation programs must be considered. In addition, the analysis sets the scene for the next chapter, which focuses on Indonesian prison officers’ perspectives on the establishment of a special prison for terrorists. The opinions and ideas of Indonesian prison officers regarding this initiative were investigated.
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The Perspective of Indonesian Prison Officers on the Establishment of a Special Prison for Terrorist Inmates in Indonesia
Another aspect of this is the conscious choice on whether to segregate the violent extremist offenders or integrate them in the larger prison population. There are advantages and disadvantages to both alternatives. On the one hand, separating this group from the general population makes them easier to manage and reduces the risk of malign influencing. Moreover, necessary resources including extra security measures and training for instructors and specialist personnel are only needed in a limited number of locations. On the other hand, integrating extremist offenders among other categories of inmates prevents the formation of tight groups, and confronts extremists with alternative perspectives and ideas that might contribute to their deradicalisation. (Stone, 2015, p. 227)
This chapter presents the results and discussion pertaining to Research Question 2, that is, the perspectives of Indonesian prison officers on the establishment of a special prison for terrorist prisoners. To gain insights into this issue, the study employed a thematic qualitative analysis similar to that used in the investigation of Research Question 1. Primary data was collected through a series of focus group discussions with Indonesian prison officers, while secondary data was gathered from existing research and relevant state documents.
The chapter begins with an overview in Section 6.1. Further, sections 6.2, 6.3, and 6.4 present a detailed discussion of the results: an absolute agreement on the establishment of a special prison for convicted terrorists (6.2); advantages and disadvantages of a special prison for terrorist inmates (6.3) and related policy issues (6.4). The last, Section 6.5 presents concluding remarks of the chapter.
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6.1 OVERVIEW
The previous chapter explored the challenges faced by the Indonesian prison officers implementing prison-based deradicalisation programs. Five challenges were identified on the implementation of such programs, namely terrorist inmates’ personalities, the readiness of the officers, the sustainability of the program, institutional infrastructure problems, and unavailability of a collaborative mechanism. In dealing with the issue of radicalisation in prisons, the Indonesian Government instituted several initiatives, such as the establishment of the National Counter Terrorism Agency (Badan Nasional Penanggulangan Terorisme – [BNPT]).
Recently, a special prison for terrorist prisoners was established in Sentul, Bogor, West Java, under the management of the Directorate General of Corrections (DGC). This chapter provides an analysis of the perspectives of Indonesian prison officers on the establishment of this special prison. The chapter shows that there was an absolute agreement among the focus group participants on the establishment of a specialist prison for terrorists in Indonesia, despite their acknowledgement that such prison have both advantages and disadvantages. Policy recommendations related to the initiative are also proposed.
6.2 THE ESTABLISHMENT OF A SPECIAL PRISON FOR TERRORIST PRISONERS: AN ABSOLUTE AGREEMENT
Before presenting the results of the investigation into the perspectives of Indonesian prison officers on establishing a special prison for convicted terrorists, the terms “special prison” and “general prison” need to be clarified in the Indonesian context. The two types of prisons have both similarities and differences.
6.2.1 Terrorist Inmates: General Prison versus Special Prison The institutionalisation and management of both prison types is similar. Both special and general prisons are operated and controlled by a Branch Office of the Ministry of Law and Human Rights (Kantor Wilayah Kementerian Hukum dan HAM) in the local government, and the DGC in the central government, which has responsibility for the Minister of Law and Human Rights. Currently, the administrative structure of Indonesian corrections consists of four levels of institutions, from central to local:
1. The Ministry of Law and Human Rights.
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2. The DGC.
3. The Branch Office of the Ministry of Law and Human Rights.
4. Prisons (special or general).
Prisons are established and built in each district level. Apart from prisons, the Government of Indonesia also has a detention centre (Rutan or Rumah Tahanan) in each district level, the main function of which is to detain those who are on remand for criminal acts but are not yet convicted.
The differences between special and general prisons are related to their purposes. Special prisons are for specific offenders; hence, the inmates have committed the same type of crime. For example, when someone is accused of a drugs-related crime and is sentenced to imprisonment, they will be sent to a special prison for drugs and related offences, called a narcotics prison. Thus all the inmates in narcotics prisons are drugs offenders, and no prisoners convicted of drugs-related offences are held with regular prisoners in general prisons. Therefore, in the context of this thesis, the scope of special prisons differs from that of general prisons, based on crime types; special prisons may use treatments for inmates that differ from those in general prisons. The management of prisons in the Indonesian context dictates that special prisons be built separately from general prisons.
Besides special prisons established and built based on specific crimes, there are also special prisons based on the gender and age of the offenders, such as those for women and juveniles. For example, Indonesia has established the Kupang Women’s Prison and the Mataram Juvenile Prison, based on the Decree of the Minister of Law and Human Rights Number: M.HH-10.OT.01.01 year 2011. In terms of narcotics prisons, more narcotics prisons have been established in 2012 in Langsa, Langkat, Muara Subak, Pangkal Pinang, and Kasongan, based on the Decree of the Minister of Law and Human Rights Number: M.HH-04.OT.01.01 year 2012. Also based on this decree, juvenile prisons were established in Bandar Lampung and Bandung.
The discourse on establishing a special prison for convicted terrorists in Indonesia was initiated by the former Minister of Law and Human Rights 2009– 2011, Patrialis Akbar. This initiative was developed as an addition to the established prison classifications of juvenile prisons, youth prisons, women’s prisons, men’s
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prisons, general prisons, narcotics prisons, and open prisons; it was also proposed to transform Sukamiskin Prison from a general prison into a special prison for convicts convicted of corruption. When this initiative was introduced, the Ministry of Religious Affairs (MoRA) and the House of Representative (Dewan Perwakilan Rakyat – [DPR]) agreed with its intent (Bakti, 2014, p. 289).
However, many scholars and practitioners disagreed with this initiative. According to Bakti (2014, pp. 195-196), they believed this initiative could not be realised at that time. This was due to a common belief that, if terrorist convicts are held in one place, they will become stronger as a terrorist group and therefore have increased opportunities to incite violence against prison authorities. Because of the strong debate about the pros and cons of this special prison, the Government of Indonesia decided that, rather than being a special prison for terrorist inmates, the new facility would be a deradicalisation centre. The BNPT then built this centre in Sentul, Bogor, West Java, as a basecamp to deradicalise terrorist inmates (Bakti, 2014, p. 197).
Responding to this initiative, Handoyo Sudrajat, the former Director General of Corrections, informed the public that the individuals sent to the centre would be selected based on a risk assessment, and then only those classified as “high risk”, hard core, or militant would be sent. A senior DGC official, Nugroho, confirmed that one of the prisoners who was at the top of the list was Abu Bakar Ba’syir, because he was categorised as an ideologist terrorist inmate (Koran Tempo, 2014). However, prior to this initiative being abandoned, no convicted terrorists were sent to the centre.
More recently, interest in establishing a special prison for terrorist convicts re- emerged after apparent recruitment and the spread of radical beliefs in Surabaya Prison. After the incident was investigated, an official report by the Indonesian Government confirmed the problem. The government decided to proceed with the original plan to establish a special prison for terrorist inmates. A legal basis for the special prison was created through the Decision of the Ministry of Law and Human Rights on the Establishment of Sentul Special Prison in Bogor, West Java (Ditjenpas RI, 2016b). This prison was called Sentul Special Prison because it was located in Sentul District, in the same area as the BNPT complex.
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Therefore, the current policy of the Government of Indonesia is to have a special prison for convicted terrorists – not only a deradicalisation centre – with all required facilities and resources. When fieldwork for this study was completed in July 2016, the prison development was ongoing, with operations commencing in January 2017 (Ditjenpas RI, 2016b).
This research was originally based on the concept that the need for a special prison for terrorist inmates was still the subject of debate, and that there was still a possibility the government would adopt an alternative solution. This scenario remained until after completion of the first and second focus groups. The new prison was established before I conducted the third focus group. In July 2016, during my field trip, I inspected the special prison from the outside, at which time the physical construction of the prison building was almost completed. A prison director and staff for this prison had then been appointed by the government.
Although the policy of the Government of Indonesia had changed from only having a discourse about and a plan for the prison to actually establishing the prison, the focus of this study was not affected. The focus of this part of the study was solely to provide insights into the perspectives of Indonesian prison officers on the establishment of the prison, regardless of whether it was built or not.
As mentioned in the literature review, the distribution of terrorist inmates in Indonesia can be classified as a mix of isolation and separation, and follows a general pattern of distributing terrorist inmates through correctional facilities, as described by Neumann (2010). Neumann’s pattern has three options: isolation, separation, and concentration. Isolation means that terrorist inmates are isolated from each other; separation means that terrorist inmates are separated from the general prison population; and concentration means that terrorist inmates are held in one place (Neumann, 2010, p. 17).
Terrorist inmates were previously only dispersed throughout Indonesian prisons because Indonesia had no single strategy on how convicted terrorists should be housed (Jones C. R., 2014). The practices in each prison that holds terrorist inmates differ. For example, in two of the research sites (Cipinang and Surabaya prisons), terrorist inmates are segregated from other inmates, while in Nusakambangan Prison they are integrated. However, as mentioned in Chapter 2, in
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Cibinong Prison, an isolation policy has been implemented. For this reason, the Indonesian practices are a mix of isolation and separation models.
However, with the initiative of the Government of Indonesia to establish a special prison for convicted terrorists, the existing Indonesian model on the distribution of terrorist inmates has become a mix of the isolation, separation, and concentration models. The establishment of a special prison for terrorist inmates reflects a concentration principle. If not all terrorist inmates are housed in this special prison as per the official policy (Ditjenpas RI, 2016b), then the practice could be described as a partial concentration policy. Newman’s (2010) analysis that compared the practices of five countries indicates that only Indonesia has opted for a mix of the three models, as can be seen in the table 6.1 bellow.
Table 6.1 Comparison of the Distribution of Terrorist Inmates (Adapted from Newman’s Findings)
Country Model Netherlands Fully concentration policy United States of America A mix of dispersal and (partial) concentration policy France A mix of dispersal and (partial) concentration policy United Kingdom A mix of dispersal and (partial) concentration policy Spain A mix of dispersal and (partial) concentration policy Indonesia A mix of dispersal and isolation, separation, and (partial) concentration policy
In the context of the implementation of a deradicalisation program in a particular prison, the International Crisis Group (ICG) demonstrated that decisions about segregating terrorist inmates from, or integrating them with, other types of inmates are important (ICG, 2007). However, there is a dilemma in selecting a method because both segregation and integration have negative impacts. For example, in one case integration resulted in the recruitment of non-terrorist prisoners, while in another case segregation resulted in the terrorist inmates gaining solidarity (ICG, 2007, p. 7). Interaction between terrorist inmates and other types of inmates
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remains a problem, even though a segregation policy has been applied in some Indonesian prisons (Jones C. R., 2014).
Evaluating Indonesia’s model of distribution for terrorist inmates after the establishment of the special prison for convicted terrorist needs further empirical research. More specifically, finding which model is appropriate for each type of terrorist inmate in Indonesia is essential.
6.2.2 An Absolute Agreement In discussing the need for a special prison for convicted terrorists, focus group results indicated that there was an absolute agreement on this initiative. Despite expectations of a debate on the pros and cons of the initiative, all the participants in the focus groups agreed with and fully supported the initiative.
One participant expressed a strong belief that “if you ask whether it was needed or not, yes absolutely it’s necessary” (FG1:2). A participant in a different focus group also said that “yes, a special prison for terrorist prisoners must be established” (FG2:1). Although other participants were less emphatic – “I think that’s fine if the terrorists prison will be established” (FG2:3) – they still indicated agreement.
The following responses from the Indonesian prison officers show agreement on the need for a special prison for convicted terrorists:
Yes, I agree. That’s why in every briefing or meeting with the authorities, I always said we have to have a special prison for terrorist prisoners. Through this prison we might develop special treatments and interventions intended to solve terrorist prisoners’ issues and also the terrorism problem. (FG3:5)
I believe that a special prison is urgent. This is because we applied a general method in rehabilitating inmates in this prison. A special method then can be developed in a special prison. It should be different, how narcotics’ offenders were treated in narcotics prisons. (FG1:2)
The focus groups results, as presented above, revealed that attitudes towards a special prison for terrorist prisoners were very positive. The data showed that there was agreement among Indonesian prison officers on the initiative in the three
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research sites (FG1, FG2, and FG3); no participant showed any signs or made any comments indicating disagreement.
Therefore, the first finding on this issue was that the Indonesian prison officers absolutely agreed with and supported the establishment of a special prison for terrorist inmates in the Indonesian correctional system. In common with the established management of correctional services, this new prison is under the management of the DGC.
This agreement by Indonesian prison officers supports existing research. The need to pursue policies of isolation for religious extremist inmates in the context of US prisons was examined by Merola and Vovak (2012). Based on a survey of the wardens of all state-level prisons in the US, the study indicated that the most effective approach for dealing with religious extremists was an isolation policy (Merola & Vovak, 2012, p. 735 and 753). Furthermore, the current finding is also consistent with the recommendation proposed by Hassan and Yasin (2012). Referring to the Saudi and Singapore prison models, they recommended the Government of Indonesia establish a special prison facility for convicted terrorists (Hassan & Yasin, 2012, p. 13).
However, the value of establishing a special prison for a specific crime is still debatable. This issue not only concerns special prisons for terrorist inmates but also those for all specific types of crime. In terms of corruption inmates, for example, Mochtar said that “corruptors should get the same treatment as the other criminals” (JakartaGlobe, 2010) such as rapists, because he considered these offenders are the same as the other criminals.
Although one may argue that a special prison for a specific offence is not necessary, such prisons have been supported by some experts. In specific circumstances, establishing special prisons is highly recommended. In terms of crime types and prison management, some have argued that the need for special prisons lies in issues around offenders’ rehabilitation and supervision.
Firstly, regarding rehabilitation goals, different programs for specific offences are required. When the inmates live in special prisons, they can receive treatments and programs different from those for ordinary prisoners, and even specific therapies. The different treatment is required because of the specific type of crime (Burkhead,
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2007; Cropsey, Wexler, Taxman, & Young, 2007), for example, drugs and narcotics offences. With these offences, the inmates are often also users who need special rehabilitation programs to improve their health or prevent their death. In this regard, many see drug users as victims; in criminology such offences are called “victimless crimes”, that is, “crime where there is no apparent victim and no apparent pain or injury” (Lehman & Phelps, 2008). As such, these offenders do not need punishment but rather specific medical treatments and therapies in order to help them stop using drugs and narcotics. As a result, rehabilitation programs are possible for these inmates.
Secondly, the issue of supervision particularly arose in Indonesia after several cases in which corruptors were living in the prisons. Hence, many people suggested that it was necessary to hold corruptors in a special prison to ensure proper supervision. In the Indonesian context, Haryono, a former deputy of the Corruption Eradication Commission of the Republic of Indonesia (Komisi Pemberantasan Korupsi – [KPK]), noted it would be easier for the KPK to supervise these prisoners if they were housed in a special prison (Tempo.Co, 2008). Diansyah believed that, if they were jailed separately, these prisoners would tend to receive different treatment and facilities because they have more money to pay the prison officers than ordinary prisoners do (Tempo.Co, 2008). Thus, corruptor inmates would be more comfortable during their incarceration because they would have extra facilities or luxurious rooms with sophisticated appliances, which are not allowed for ordinary inmates. This situation is likely to make supervision easier. Further, it might be easier for the prison officers and authorities to supervise and apply specific treatments for corruptors.
To what extent is a special prison for terrorist inmates needed, specifically in the Indonesian context? As mentioned earlier, the current study found that Indonesian prison officers agreed with this initiative. However, the focus group results also highlighted several impacts from the establishment of a special prison for terrorist inmates. The results indicated that this initiative might have both advantages and disadvantages. These findings are discussed in the following section.
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6.3 ADVANTAGES AND DISADVANTAGES OF A SPECIAL PRISON FOR TERRORIST INMATES
In addition to agreement on the establishment of a special prison for convicted terrorists, a broad theme on the advantages and disadvantages of the special prison emerged. Focus group participants noted several factors that must be considered during the establishment of this prison, both positive and negative.
In answering questions about their views on the establishment of a special prison for terrorist prisoners, overall agreement was followed by explanations of advantages and disadvantages. Specifically, one focus group participant said:
To my understanding, Indonesia has approximately 270 or 280 terrorist prisoners. If they were held in one special prison, it will have positive and negative impacts. (FG1:3)
Similarly:
If terrorist prisoners were housed in a special detention centre, separated from other prison populations, this policy will produce good and bad sides indeed. (FG3:1)
From the series of focus groups, three issues under the advantages theme of a terrorist prison were identified: improving security and supervision, preventing the spread of radicalisation in prisons, and increasing the likelihood of terrorist deradicalisation. On the other hand, two issues under the disadvantages theme were identified: increased solidarity among terrorist convicts, and hindering the collection of intelligence data. Analysis of these insights is discussed in the following sub- sections.
6.3.1 Advantages Participants thought a special prison for terrorist inmates would probably lead to improved security and supervision. Some participants argued that “security might be easier to be maintained” (FG1:3) and that “it could improve supervision for terrorist prisoners” (FG3:1). By segregating terrorist inmates, there is no opportunity for conflict between them and other types of inmates. In contrast, if they are held in a
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general prison, the chances of conflict are high because of the various types of prisoners held in these prisons. For example, in a case in Cipinang Prison, solidarity among terrorist inmates grew in opposition to criminal gangs (ICG, 2007, p. 7).
A special prison for terrorist inmates was viewed by focus group participants as likely to prevent the spread of radicalisation in prisons. As one focus group participant put it:
Concerns about recruitment of other targeted prison population were nil. It was because they were only one group, terrorist inmates. (FG1:3)
Furthermore, another focus group participant said that:
The advantages? Surely they cannot establish a new group with ordinary inmates as new members. There was no way to communicate with other types of inmates. (FG3:1)
Lastly, participants thought a specialised prison would increase the opportunities to achieve deradicalisation. A special prison for terrorist inmates would be supported by both professional officers and specific programs for terrorist inmates. For example, a focus group participant said:
I do believe that the establishment of special prison for terrorist prisoners will be followed by the availability of specific programs to be applied for terrorist inmates. So the goal of terrorist rehabilitation can be achieved. We don’t have this resource in general prisons. (FG2:2)
On the availability of professional officers for terrorist rehabilitation, a participant noted:
If this prison is established, I do believe that it will be equipped with professional officers who get specific training in dealing with the issue of terrorism, including terrorist prisoners. (FG3:5)
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Because focus group participants believed that a special prison for terrorist inmates would be equipped with professional officers and specific programs, they also believed that the possibility of rehabilitating terrorist inmates would be increased. These findings agree with the findings of other studies conducted by Cropsey et al, in which conclude that “the smaller size of the prison, coupled with more specialized staff, provide the formula for advancing the use of better practices” (Cropsey, Wexler, Taxman, & Young, 2007, p. 80). On the other hand, they also argue that “each special population is unique, and it is not adequate to provide services or programs that are responsive to the needs of some offenders while ignoring the needs of others” (Cropsey, Wexler, Taxman, & Young, 2007, p. 80). This statement indicates that a specialised prison for specific offenders may face challenges, regardless its benefit (Hannah, Clutterbuck, & Rubin, 2008, p. 51; Mulcahy, Merrington, & Bell, 2013, p. 11). Related to this issue, the following subsection discusses the findings about the disadvantages of the establishment of a special prison for terrorist inmates in Indonesia.
6.3.2 Disadvantages Participants were concerned about increased solidarity among terrorist prisoners, who they thought could become a strong terrorist group due to regular interaction among these prisoners. The following quotes illustrate the participants’ perception that terrorist inmates would gain solidarity inside a special prison facility:
Due to daily interaction and chance to interact each other, they will become a strong terrorist group. I do believe they will have an intense discussion regarding their beliefs inside this special prison. (FG3:5)
If they were held in the special prison together, I think they will have a leader which is an ideologue or non-cooperative terrorist inmate. This leader will be respected and followed by all terrorist inmates. It was the reality that I experienced in dealing with terrorist inmates. (FG1:3)
Moreover, a cooperative terrorist inmate could become more radical and then become a non-cooperative terrorist (i.e. high risk, hard core, or an ideologue). This transformation could occur because other ideologue or non-cooperative terrorist
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inmates would have ample opportunity to spread their radical beliefs to cooperative convicted terrorists (i.e. supporters). A focus group participant said that:
In this special prison, if they were mixed between non-cooperative and cooperative terrorist inmates, I believe that they who are cooperative terrorist inmates or low risk terrorist inmates will be affected by those who are non- cooperative. Non-cooperative terrorist inmates will transfer their radical beliefs so those who are cooperative terrorist inmates might be become more radicals. (FG2:1)
Given the identified possible disadvantages, there is a potential further investigation warranted on the drawbacks of the establishment of a special prison for terrorist inmates. Moreover, a previous study (El-Said, 2012) has indicated a concern with the initiative to establish isolation policies for terrorist inmates after examining the approaches of Algeria, Bangladesh, Egypt, Jordan, Malaysia, Morocco, Saudi Arabia and Yemen. He pointed out that isolating violent extremists from each other and from other ordinary inmates, “without a professional, comprehensive and financially sustainable de-radicalisation programme, supported by consciously designed prison policy”, it could be resulting in hardening violent extremists’ views (El-Said, 2012). Further, other less violent terrorist inmates could be persuaded by violent extremists to adopt violent practices, as has happened in Jordan in the past (El-Said, 2012, p. 46).
Neumann (2010, p. 21) also demonstrated that holding all convicted terrorists in a separate prison facility or concentration was beneficial in that these inmates would no longer adhere to their former leader or may have already turned against their former leader. However, if they still engaged with their group and their leader, a new structure might be created. Hence, the nature of the terrorist group should be examined before a particular policy is selected.
Turning now to the focus group findings on hindering collection of intelligence data, concern was expressed about reduced opportunities to gather intelligence data on terrorist inmates’ activities inside the prison. Because the prison would only hold terrorist inmates, opportunities to use non-terrorist inmates as informants to gather intelligent data would be lost. Some information might still be forthcoming, but the
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validity of the information would be unknowns. As a focus group participant said that:
If in this special prison only occupied by terrorist prisoners, for example 10 terrorist inmates. Like or dislike, I would gain information from only those 10 people. But, are they willing to say the truth? I don’t think so. It was different with the situation where they were housed in the general prison with other types of inmates. Here for example, there are 1700-plus prisoners while terrorist inmates were below than 20. For gathering intelligent data, I can ask the rest of population. Might be information from around 50 prisoners was enough. (FG3:1)
This quote illustrates that, if terrorist prisoners are held in general prisons and are integrated with other types of inmates, intelligence data can be collected via other types of prisoners who cooperate with officers. This cooperation is important to prison officers for security and supervision reasons. Such opportunities seem unlikely if all the inmates in the prison are terrorists.
However, one participant said that “even though they were housed in the special prison, I think we still can gather data from those who are classified as medium-risk or low-risk terrorist inmates” (FG2:5). But he also stressed that “the chance was limited and not as many as if they were housed in a general prison together with ordinary inmates” (FG2:5). Thus, although gathering information within a special prison for terrorists is possible, it would not be easy. From the focus group results, it can be concluded that difficulties in gathering intelligence data are a key disadvantage of establishing a special prison for terrorist inmates.
The initiative of establishing a special prison for convicted terrorists in the Indonesian context needs further evaluation in order to determine if it leads to or correlates with better deradicalisation or rehabilitation of terrorist convicts. Research could investigate to what extent establishing a special prison supports the achievement of rehabilitation and supervision objectives. The current results on the perceived advantages and disadvantages of the initiative imply that further research is needed. A question might be: To what extent do the advantages of establishing a special prison for terrorist prisoners outweigh the disadvantages in the Indonesian
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context? In addition, a cost–benefit analysis could be done, because the limited funding in developing countries such as Indonesia is always a big issue.
6.4 POLICY ISSUES RELATED TO A SPECIAL PRISON FOR TERRORIST INMATES
In the previous sections two broad themes were discussed regarding establishment of a special prison for terrorist inmates: agreement on the need for such a special prison, and the advantages and disadvantages of such a prison. Another broad theme emerged around policy issues for the future management of this special prison. Five issues were identified as of concern for the management of this special prison:
1. The distribution criterion for the categories of terrorist inmates that should be sent to a terrorist prison.
2. The decision maker for the distribution.
3. Distribution timing.
4. Strengthening partnerships.
5. Data availability on terrorist prisoners’ backgrounds.
Focus group participants argued that these issues must be considered if a specialised prison for terrorists is to be established in Indonesia. Policies regarding these issues could be grouped into three broad themes: the type of inmates, distribution, and partnership. Policy 1 on the distribution criterion for the categories of terrorist inmates that should be sent to a terrorist prison falls under the theme of the type of inmates. Policies 2 and 3 on the decision maker for the distribution and the distribution timing fall under the theme of distribution. Policies 4 and 5 on strengthening partnerships and data availability on terrorist prisoners’ backgrounds fall under the theme of partnership.
Figure 6.1 (in the next page) is a visual summary of the findings on the future policy issues regarding the establishment of the special prison. The findings are interrelated, with the main issue being the future management of the prison.
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Figure 6.1 Findings on the Future Policy Issues of a Special Prison for Terrorist Inmates
• Who should be sent? Types of Non-cooperative Inmates inmates
• Distribution timing Distri- Policy Issues bution • Decision maker for distribution
• Should be Partner- strengthened ships • Sharing data on terrorist background
Merola and Vovak (2012, p. 754) concluded that policies on the incarceration of religious extremists and individuals with terrorist ties are essential. They also explained that it is useful to conduct research by asking the greatest experts in the corrections field. Their study employed a survey of wardens at maximum security state prisons in the US, including questions on policy, training, and other issues related to the incarceration of extremist individuals (Merola & Vovak, 2012, p. 737). In addition, their findings on several issues regarding the management of a special prison for terrorist inmates are significant. The study provides empirical evidence for the future on identifying strategic policies and formulating procedures in the context establishing a special prison for terrorist inmates in Indonesia. Moreover, these issues were identified from the implementers’ experiences, so the findings contain valuable and practical recommendations. These findings are particularly relevant for the DGC, the institution responsible for the management of such a prison, as well as for the BNPT, the coordinator of the national deradicalisation program, which is responsible for providing a national action plan for deradicalisation.
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6.4.1 Type of Inmate: Non-cooperative Terrorist Inmates The most notable policy issue was about the placement criterion for terrorist inmates. Which terrorist inmates would be housed in this special prison? Should it be all terrorist prisoners or a selection only? A common view among focus group participants was that non-cooperative terrorist inmates (high risk, hard core, or the ideologue) must be housed in this special prison. One focus group participant said that:
If the Government does establish this special prison, the population should be non-cooperative terrorist inmates. It should be selected then who are non- cooperative terrorist inmates. For those who are cooperative terrorist inmates can be still held here in this general prison. So terrorist inmates with strong ideology or hard liners must be housed in the special prison. (FG3:3)
Another focus group participant agreed, saying that:
So this special prison, as expressed by [Mr FG3:3] must be a prison for terrorist inmates who are classified as non-cooperative terrorist inmates. They are radicals. As long as they are willing to cooperate with the officers, I think they do not need to be housed in the special prison. (FG3:1).
As discussed above, focus group participants suggested that non-cooperative and cooperative terrorist inmates must be placed separately. These results are consistent with those of another study (Bakti, 2014) that urge that terrorist inmates must be identified and then classified into the leaders and the followers. Within these classifications, Bakti (2014, pp. 199-200) suggested that those who are terrorist leaders must be housed separately from other terrorist inmates, including militants and supporters.
The following comments explain why the Indonesian prison officers suggested housing non-cooperative terrorist inmates (high risk or hard core or the ideologue) in the special prison:
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I believe such special prison will be equipped with suitable resources to handle non-cooperative terrorist prisoners, or ideologue, or high risk terrorist prisoners. This was not evident in general prisons, so if the non-cooperative terrorist inmates were housed here, we will find difficulties to rehabilitate this type of terrorist inmates. (FG3:2)
Non-cooperative terrorist inmates must be placed in the special prison. It is because they are so strong to hold their ideology, and we can do nothing with that. But for medium or cooperative terrorist inmates they can be rehabilitated here in general prison. (FG2:1)
Focus group participants believed that whatever the program implemented for non-cooperative terrorist inmates, it would not be effective in general prisons. On the other hand, prison officers were willing to rehabilitate terrorist inmates, particularly those who are medium risk (grey group) and cooperative terrorist inmates. Although they agree with the establishment of a special prison for terrorist inmates, they are still willing to deal with some terrorist inmates in the general prisons in which they work. They believe that low-risk and medium-risk terrorists can be handled and can be deradicalised, and they are willing to implement a prison-based deradicalisation program for these inmates.
In conclusion, regarding which group of terrorist inmates should be housed in a special prison, the results indicated that non-cooperative terrorist inmates, the ideologues, the hardliners, and the high-risk terrorist inmates should be housed there. However, this finding differs from the intended policy proposed by the DGC and the BNPT. Although the Director General of Corrections, I Wayan K Dusak, stated that the DGC planned to build a high-security prison for non-cooperative terrorist inmates in Nusakambangan, an official launch indicated that the special prison for terrorist inmates located in Sentul, Bogor, East Java, was for cooperative terrorist inmates (Ditjenpas RI, 2016b).
Thus the intended policy contradicts the realised policy, which could lead to problems in practice. This finding agrees with that of Veldhuis et al. that “the discrepancies between the intended and realised policy reveal that the dilemmas that could have been foreseen in advance indeed led to difficulties in practice” (Veldhuis, Gordijn, Lindenberg, & Veenstra, 2010). Therefore, this issue needs further research,
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to answer this question: Is it more appropriate to place non-cooperative terrorist inmates or cooperative terrorist inmates in the special prison for terrorists?
The results also showed the majority of focus group participants confirmed that they could implement deradicalisation or rehabilitation programs for terrorist inmates who were classified as cooperative terrorist inmates; that is, the supporters, and medium-risk or low-risk terrorist inmates. This finding implies that not all terrorist inmates should be held in the special prison. Participants agreed that cooperative terrorist inmates can be housed and placed in general prisons, where they can interact with ordinary inmates. This result highlights that the Indonesian prison officers strongly believed in separating non-cooperative and cooperative terrorist inmates. The finding supports previous research carried out by Dugas and Kruglanski (2014) in the context of the Sri Lankan deradicalisation program. Their study found that segregation of the more and the less seriously committed offenders reduced inmates’ rejection of deradicalisation (Dugas & Kruglanski, 2014).
6.4.2 Decision Maker for the Distribution A key policy issue was who will decide the placement of convicted terrorists? Should it be decided by prison officers? A focus group participant argued that it must be decided by the Indonesian National Police (INP), specifically by the Special Detachment (Detasemen Khusus – [Densus]) 88:
The decision maker must be the INP, in this regard was Detachment 88. I believe that they are the first officers who really engage in the identifying characteristics or personalities of a single terrorist inmate. They understand it because they’ve got lots of data on a single suspected terrorist. So in deciding the distribution of a convicted terrorist, it should be decided by the INP, especially by Detachment 88. (FG3:1)
Similarly, another participant implied that the decision maker for the placement of convicted terrorists to the special prison should be the INP since “they have all data from the investigation processes” (FG1:3). However, a focus group participant at a different site commented that it must be decided by the BNPT:
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For the assessment of a convicted terrorist in the special prison, it should be BPNT’s task. They then should select it, which one for the inmates who were non-cooperative and cooperative. (FG2:4)
In conclusion, the focus group participants did not regard themselves as decision makers for the placement of terrorist prisoners in the special prison. This suggests that the risk assessment processes for terrorist inmates should not be responsibility of prison officers, but should be conducted by other authorities. Further, the question is what individual professional should decide the distribution of convicted terrorists? The results show that it should be decided by either the INP, specifically by the Detachment 88, or the BNPT.
This result explicitly informs who the key actors for risk and needs assessment of terrorist inmates should be. The actor identifies an individual convicted terrorist, and classifies them as a non-cooperative, a cooperative, or a “grey” terrorist inmate (in between non-cooperative and cooperative). According to the above results and discussion, those who are classified as non-cooperative terrorist inmates should then be housed in the special prison, with the others dispersed in general prisons.
There are two possible explanations why Indonesian prison officers do not want to handle this responsibility. The first is a lack of training related to the readiness of Indonesian prison officers to deal with terrorist inmates, as discussed in Chapter 5. The second is unclear job descriptions among agencies that are involved in prison-based deradicalisation programs, which result from a lack of coordination and cooperation among state agencies, as also discussed in Chapter 5. There are three state agencies that are at the forefront of this issue: the DGC, the BNPT, and the INP. However, they had offered no risk and needs assessments at the time of writing.
Nevertheless, the results above should be interpreted with caution, and possibility investigated further. It is to ensure that the Indonesian prison officers are not avoiding responsibility for the task of risk assessments for terrorist inmates for the wrong reasons.
Regarding this issue, a regulation has been introduced by the Ministry of Law and Human Rights: the Regulation of Ministry of Law and Human Rights Number 12 year 2013 on the Risk and Need Assessment for Prisoner and Probationer (Assessment Risiko dan Assessment Kebutuhan bagi Narapidana dan Klien
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Pemasyarakatan). Although the assessor and the supervisor responsible for conducting risk and needs assessments for prison inmates are not stipulated explicitly, this regulation implicitly places the responsibility on the prison officers. Article 1 paragraph 3, in Chapter I on General Provisions stipulates that the meaning of “officer” in this regulation is a prison officer.
Subsequently, the title of Chapter III of this regulation nominates the officer (i.e. the prison officer) as the implementer of risk and need assessments for prisoners. In other words, based on the interpretation of the Regulation of Ministry of Law and Human Rights Number 12 year 2013, prison officers are the official officers for the purposes of assessing the risk and needs of an individual prisoner, including a terrorist inmate. However, as the results of the current study show that prison officers face difficulties in handling this task, further research is recommended on who should be responsible for the risk and needs assessments of terrorist inmates.
6.4.3 Timing of Distribution to the Special Prison Focus group participants believed that all convicted terrorists should be sent directly to the special prison, not to a general prison, after they are sentenced by the courts, even those classified as cooperative convicted terrorists and without any preliminary risk assessment. After some time, specifically when they show good behaviour and a decreased inclination to support terror acts or violence, they might be sent to a general prison.
The following quotes emphasise the participants’ belief that a convicted terrorist must be sent directly to the special prison, and that decisions to hold a convicted terrorist in the special prison or to move them to a general prison should be based on the result of a risk assessment. Focus group participants said that:
Soon after the conviction, they must be housed in the special prison. After they receive specific treatments and activities and they have been assessed as cooperative terrorist inmates or low risk, then they could be housed in general prisons, such as in Cipinang, Palembang, Jember, etc. But, for those who still identified as ‘ideologue’ or non-cooperative terrorist inmates, they must be still there in the special prison. (FG1:3)
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Yes, they must be held in the special prison for terrorist prisoners since the court sentenced the prisoner to jail. Then, they should participate in the prison-based deradicalisation program organised by the special prison authorities. Based on the risk assessment, non-cooperative terrorist inmates must be still there in the special prison; meanwhile the cooperative or low risk then could be dispersed to general prisons. (FG3:5)
These results show that Indonesian prison officers disagree with the existing practice of sending convicted terrorists to general prison after they are sentenced. As noted in Chapter 2, terrorist inmates are placed in several Indonesian prisons and detention centres after they are convicted. A focus group participant strongly disagreed with this existing practice:
I strongly disagree if convicted terrorists were sent to the special prison in three months before they were released. To me, it will not be a real deradicalisation for just three months before they were released. Convicted terrorists must be distributed to this special prison directly after they are convicted by the court. (FG2:2)
Overall, these results indicate that the Indonesian prison officers think that a convicted terrorist should be placed into special prison directly after the court verdict, and that a prison-based deradicalisation program should be implemented in this special prison. After a risk assessment is completed by the authority in the special prison, a terrorist inmate who is classified as cooperative can then be sent to a general prison to receive further intervention from the correctional services. Combining this finding with the previous finding on the willingness of the Indonesian prison officers to rehabilitate cooperative terrorist inmates, the officers consider that a general prison can be used to hold terrorist inmates, but only after they are deradicalised in the special prison.
According to the Indonesian law of criminal procedures, the distribution of a convicted offender should accord with the court jurisdiction in which they were convicted. For example, for a criminal act committed in Denpasar, a suspect will be both accused and convicted in Denpasar District Court, and then sent to a prison that covers the Denpasar region. In this case, the convicted offender will be sent to
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Kerobokan Prison. The case of Schapelle Corby, an Australian woman who was charged with drugs offences, is an example of the distribution of a convicted offender. She was found guilty in 2005 by Denpasar District Court and sentenced to 20 years in prison. She was then sent to Kerobokan Prison.
However, transferring an inmate to another prison outside the jurisdiction where the criminal acts were committed is acceptable. The legal basis for transferring prisoners to other prisons is Government Regulation No. 31 year 1999 on Guidance of Prisoners, specifically stated in articles 46 to 54. This analysis is consistent with the report of the ICG (2007, p. 7), which acknowledged that:
In Indonesia, there is not a single strategy, although there is a general policy that prisoners who are threats to internal prison security should be segregated; this includes narcotics offenders and those accused of terrorism.
If a national action plan stipulates that a convicted terrorist must be housed in the special prison for terrorist inmates, regardless of their risk and needs, the opinion of Indonesian prison officers could be realised easily. This process is likely to be adopted by the Indonesian criminal justice agencies, and particularly the court. However, until Indonesia completes a national action plan on prison-based deradicalisation program, court decisions on distribution of terrorist inmates will remain unclear. In the meantime, the current practice applied in the Indonesian criminal justice system, where the prisoner is housed within the court jurisdiction in which the trial was conducted, will continue.
6.4.4 Strengthening Partnerships Strengthening partnerships also emerged as a policy issue for the management of special prisons for terrorist inmates. This issue relates to the state agencies that will be involved in the management of the special prison. Focus group participants believed that, in order to deradicalise or rehabilitate terrorist inmates in a special prison, some key state agencies should be involved: the INP, the BNPT, the DGC, and the MoRA (FG1; FG2; and FG3). Among these key state agencies, effective coordination and distribution of responsibilities should be developed; otherwise, deradicalisation objectives and rehabilitation of terrorist prisoners will never be achieved. Focus group data emphasised these views:
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Related to the management of the special prison for terrorist inmates, some state agencies must be involved in it and then specific responsibility must be identified. For example, the INP or Detachment 88 was responsible for the security. For correctional services, that’s the prison officers’ responsibility. However, for religious matters it should be under the MoRA. BNPT can provide the real programs for terrorist deradicalisation. Something like that. (FG2:3)
And, for this special prison, I do agree with [Mr FG2:3]. Dealing with terrorist inmates is not just the prison officers’ task. Corrections, the police, MoRA, BNPT must be working collaboratively. (FG2:4)
I also agree with [Mr FG2:3’s] opinions. So those institutions must be responsible for the management of the special prison for terrorist inmates: the police, BNPT, and corrections. (FG2:5)
Of these state agencies that should be involved in the prison-based deradicalisation program in the special prison for terrorist prisoners, focus group participants said the BNPT should be the coordinator. For example, one participant said that:
I hope that BNPT will be the coordinator for the prison-based deradicalisation program in Indonesia and of course for this special prison. BNPT has the power to invite other state agencies to be involved in the prison-based deradicalisation program since BNTP was a state agency directly under the President. We can support them. (FG1:3)
Other focus group participants said:
BNPT should be the main agency on prison-based deradicalisation programs. (FG3:5)
BNPT must be the first institution on terrorist’s rehabilitation. It was because our organisation’s [DGC’s] vision and mission is not specifically directed to
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terrorist inmates, while BNPT has it. From the beginning until the interventions for terrorist inmates, it should be under BNPT. (FG2:3)
Furthermore, an interesting finding was the officers’ view on the level of coordination between the DGC and the BNPT on the prison-based deradicalisation program at the coalface. Even though participants emphasised that the BNPT must be the coordinator, they expressed the view that the BNPT must work actively with the DGC to implement the program. Focus group participants said that:
BNPT’s staff and prison officers must be working together. We have to be like that on deradicalisation. Don’t put us at the front and BNPT’s staff at the back. Again, we must be working together. That’s what we want. (FG2:4)
If this prison is established, BNPT must work directly in the field with the prison officers. We must be working together to implement prison-based deradicalisation programs. (FG1:3)
Apparently, Indonesian prison officers explicitly hope that effective coordination between the BNPT and the DGC occurs to implement the prison-based deradicalisation program. The officers felt that the DGC should not act alone and that the BNPT should also become actively involved. Furthermore, Indonesian prison officers and BNPT staff should work together to implement the deradicalisation program in the special prison for terrorist inmates.
To sum up, the result of this study indicated that partnerships must be strengthened for management of the special prison for terrorist inmates. There are four state institutions that were recommended to be actively involved in the management of the prison, namely DGC, INP, BNPT, and MoRA. Due to the involvement of many agencies, a specific task must be given to each agency. As described on the previous section, the findings indicated that DGC is responsible for day-to-day management and INP for the security. BNPT on the other hand was responsible for designing the programs, while MoRA in supporting high profile clerics or Islamic scholars.
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In terms of strengthening partnerships as a policy issue in the management of the special prison for terrorist inmates, no studies have explored this. However, good collaboration among institutions on the management of terrorist inmates in prisons has been recommended in several studies, such as Vogt’s article in the context of US corrections. He argued that “active cooperation between local, state, and federal corrections and law enforcement organisations involved in anti-terrorism efforts is essential” (Vogt, p. 6). Specifically related to the Indonesian context, Ungerer (2011, p. 19) recommended that the coordination among the BNPT, the INP and prison services should be improved in the efforts to rehabilitate convicted terrorists. Further research on the topic of collaborative mechanisms for the management of the Indonesian special prison for terrorist prisoners is recommended.
6.4.5 Availability of Data on the Background of Convicted Terrorists In addition to strengthening partnerships, the results also indicated that to support the rehabilitation effort in the special prison for terrorist inmates, data on prisoners’ backgrounds should be passed to prison officers, including the officers who will be in charge. This implies the need for management reform of the existing criminal justice processes for handing terrorism cases. Focus group participants said that:
We are part of the criminal justice system right? It consists of the investigator, prosecutor, and the judge until the prison officers. They all have data on terrorist inmates’ backgrounds except the prison officers. It must be synchronised from the beginning until the end. So that’s why the data on a convicted terrorist should also be passed to prison officers as the implementers of the criminal justice system. (FG1:3)
There should be a completed document covered the terrorists inmate’s background since the investigation processes by the police officers. From this document, we will have preliminary data about the convicted terrorist. We can learn about the motivation of the offender from this document. More importantly, from this document we can classify the convicted terrorist whether they are an ideologue, a medium risk, or low risk or just a supporter. So this data is important to be passed to prison officers who work at this special prison. (FG2:3)
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As evident from the statements above, currently Indonesian prison officers do not have enough information or data regarding the background and characteristics of convicted terrorists. After an accused terrorist has been convicted and sent to prison, they do not transfer with complete data on their background. This data is actually available as a consequence of the investigation, prosecution, and trial stages; but when the accused is convicted, the information is not passed to correction staff. Prison directors receive only a short summary of the court verdict (petikan putusan), which mainly contains brief information on identity of the convict, the criminal acts for which they were committed, and the punishment.
As presented above, available data on convicted terrorists’ backgrounds is critical for Indonesian prison officers. Participants were not satisfied with the current practice. Based on their experiences, they consider a full copy of the court verdict, rather than the current extract. A full copy of the court verdict is vital in order to investigate a terrorist inmate’s background.
Based on the Article 226 (1) Indonesian Law Number 8, year 1981 on the Law of Criminal Procedure (Kitab Undang Undang Hukum Acara Pidana – [KUHAP]), the extract of the court verdict is passed to the convicted or his lawyers. On the other hand, a full copy of the court verdict is passed to the prosecutor and the investigator based on Article 226 (2) KUHAP. In relation to the provision of Article 270 KUHAP, a full copy of the court verdict is passed by the clerks to the prosecutor as the executor of the court verdict. Although it is not stated explicitly in the KUHAP that a full copy of the court verdict should be passed to the prison officers, these provisions mean that a full copy of the court verdict should be received by the prison officers through the prosecutor. In this case, the prosecutor has to pass a full copy of the court verdict to the prison officers.
A full copy of the court verdict is a valuable document for the Indonesian prison officers in order to provide preliminary data for the risk assessment of individual terrorist inmates. However, no studies are available on this issue. Although the ICG (2007, p. ii) recommended the Indonesian Government provide assistance for the criminal justice system agencies in terms of sharing background information on terrorist inmates, this recommendation has not been investigated thoroughly. Future studies on the topic of Indonesian criminal justice procedures,
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particularly on the management of legal data on terrorist convicts, are therefore recommended.
6.5 CONCLUDING REMARKS
This chapter has presented findings on the perspectives of Indonesian prison officers on the establishment of a special prison for terrorist prisoners. To gain insights into this issue, the study employed a thematic qualitative analysis. Primary data was collected through a series of focus group discussions with Indonesian prison officers, while secondary data was gathered from existing research and relevant state documents.
Throughout this chapter it was revealed that there was an absolute agreement among the participants in the focus groups regarding the establishment of a special prison for terrorist inmates in Indonesia. This policy was wanted by the prison officers, regardless of its impact on counterterrorism. Furthermore, this chapter has presented officers’ opinions on the advantages and disadvantages of a special prison; hence, officers realised the potential drawbacks of this initiative. A number of policy issues regarding the future management of this special prison are also presented in this chapter.
The first is the distribution criterion to determine which categories of terrorist inmates should be sent to a terrorist prison. Most focus group participants believed that non-cooperative terrorist inmates must be sent to a special prison for terrorists.
The second issue is the decision maker for the distribution; participants considered this should be the officers of the BNPT’s staff or Detachement (Densus) 88’s officers. The reason for this is that the officers feel that they do not have enough knowledge and information to make such decisions.
The third issue is the timing of distribution. The officers recommended that, after the court verdict, all convicted terrorists should be sent to and housed in the special prison for terrorists. After evaluation by the authorities in this prison, terrorist prisoners who are identified as cooperative or “grey” individuals can be sent to general prisons to undertake further rehabilitation programs.
The fourth issue is strengthening partnerships. Because many institutions are involved in the program for terrorist inmates, this chapter highlights that partnerships
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are highly important in the implementation of the prison-based deradicalisation program.
Lastly, the fifth issue is availability of data on terrorist prisoners’ backgrounds. This policy issue is related to the partnerships issue because the focus group participants stated they need data on terrorists’ background from other officers involved in terrorism cases, such as the police or the prosecutor who investigated the case.
The next chapter discusses strategies that can be used to improve the role of Indonesian prison officers in the task of terrorist rehabilitation. The focus is the need of the officers and how these needs can be met, and providing policy recommendations and legal reforms for improving Indonesia’s prison-based deradicalisation program.
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Improving the Role of Indonesian Prison Officers in Terrorist Rehabilitation: A Strategy for the Future
Prison and other officials who are professionally involved with violent extremist offenders could be appropriately trained and educated to understand and deal with the complexities of reintegration and rehabilitation efforts. Prison staff and professionals involved in rehabilitation programs could be trained to distinguish signs of radicalisation, communicate in a way that is constructive and avoids conflict, and respond appropriately to a potential extremist threat. (Good Practice Number 5 of the Rome Memorandum on Good Practices for Rehabilitation and Reintegration of Violent Extremist Offenders)
This chapter presents the findings and discussion pertaining to Research Question 3, that is, an examination and assessment of strategies to improve the role of Indonesian prison officers in the implementation of prison-based deradicalisation programs. The first section (Section 7.1) of this chapter provides an overview, followed by a discussion on the role of Indonesian prison officers in the rehabilitation of terrorist convicts (Section 7.2). Section 7.3 presents the findings and discussion on the needs of Indonesian prison officers regarding terrorist rehabilitation. A correspondence between the findings on the challenges and the needs of Indonesian prison officers regarding terrorist rehabilitation is discussed in the Section 7.4. Section 7.5 discusses strategies for improving the role of Indonesian prison officers in deradicalisation. Section 7.6 concludes the chapter.
By offering strategies for improvement, this chapter is a significant contribution by the researcher to knowledge about prison-based deradicalisation programs in the Indonesian context. Besides extending the body of knowledge, this chapter also provides a significant practical contribution to the Government of Indonesia, especially for the Directorate General of Corrections (DGC) of the
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Republic of Indonesia in order to improve the role of Indonesian prison officers in terrorist deradicalisation.
7.1 OVERVIEW
The primary purpose of this chapter is to examine and provide strategies for Indonesia, or other countries that hold terrorist inmates, on ways to improve the role of prison officers in rehabilitating convicted terrorists within prison-based deradicalisation programs. As discussed in Chapter 5, the role of Indonesian prison officers in terrorist rehabilitation has been constrained by many challenges in implementing prison-based programs. In this chapter, the needs of Indonesian prison officers as the implementers of the program are investigated. A link between the findings on the needs of the officers and the findings on their challenges in implementing the program was developed; the needs and the challenges are correlated.
Following this, policy recommendations for improving the role of Indonesian prison officers in terrorist rehabilitation are then considered. Policy recommendations specifically for the DGC of the Republic of Indonesia have been identified: capacity building for prison officers who are in charge of terrorist rehabilitation; developing collaborative mechanisms with other actors; and developing a good partnership with the National Counter Terrorism Agency (Badan Nasional Penanggulangan Terorisme – [BNPT]). Furthermore, these policy recommendations must be implemented by removing the ambiguity that exists in the current regulation related to the appointed implementer of the program in Indonesia. The ambiguity lies in the provision in Article 34A (1) paragraph c, Government Regulation Number 99, the year 2012 on the Second Amendment to Government Regulation Number 32 the year 1999 on Conditions and Implementing Procedures Related to Prisoner Rights. This provision, which nominates two institutions as the implementers of the program, must be amended. This requirement produces an ambiguity for both institutions in the implementation of Indonesia’s prison-based deradicalisation program.
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7.2 THE ROLE OF INDONESIAN PRISON OFFICERS IN TERRORIST REHABILITATION
Currently, three state institutions are involved in Indonesia’s prison-based deradicalisation programs: the Indonesian National Police (INP), the BNPT and the DGC. Based on this situation, the implementing actors at the coalface are generally police officers, BNPT’s staff, and prison officers. Although the roles of both Indonesian prison officers and BNPT’s staff are significant, the prison officers’ role in terrorist rehabilitation is crucially important. Therefore, this role should be examined; the prison lies near the end of the processes of the criminal justice system. As noted by Osman (2014), most convicted terrorists will be housed in prisons.
Under the existing laws, the role of Indonesian prison officers as the implementers of prison-based deradicalisation programs is not explicitly stipulated. However, rehabilitating terrorist inmates and delivering prison-based deradicalisation programs is an unavoidable task for prison officers for two reasons.
Firstly, under the general corrections system stipulated in Article 2 of the Correctional Institution Law (CIL), the aim of the corrections system is to improve and develop prisoners so that they do not violate the laws, and simultaneously to encourage prisoners to fully reinvigorate and become active, productive, and useful members of society. This law is an umbrella act for correctional services and must therefore be applied for all prison inmates, including terrorist inmates.
Secondly, according to Article 2 (1) paragraph c of the Government Regulation Number 99 year 2012 on the Second Amendment to Government Regulation Number 32 year 1999 on Conditions and Implementing Procedures Related to Prisoner Rights, a terrorist inmate should complete a deradicalisation program run by the prison authorities and/or the BNPT, in order to be granted a remission. Although this government regulation does not explicitly state that prison officers are the implementers of the program, the above stipulation implies that they are the implementers, whether or not the BNPT’s staff are involved.
Thus, it is inevitable that prison officers are the implementers of Indonesia’s prison-based deradicalisation programs. They can work independently or collectively with prison officers from other institutions. They also can work collaboratively with other officers such as law enforcement officers and officials from the BNPT, the Ministry of Religious Affairs (MoRA), and non-government organisations (NGOs).
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Because Indonesian prison officers are the implementers of prison-based deradicalisation programs, developing and improving their role is important in order to increase their effectiveness in this task (Nurezki, 2013). Moreover, within the special prison now established for terrorist inmates in Sentul Bogor, the role of prison officers who work in this prison is of concern. These officers are the actors in most frequent contact with terrorist inmates as an unavoidable outcome of this initiative.
Hence, the findings presented in this chapter are valuable for the Government of Indonesia in designing policies that aim to improve Indonesian prison officers’ role in terrorist rehabilitation, in both the special prison for terrorist inmates and general prisons. The officers should be equipped with suitable resources to support their role in terrorist rehabilitation.
For this reason, the actual needs of Indonesian prison officers in this regard should be identified. The following section discusses the findings on the needs of Indonesian prison officers in their task of rehabilitating terrorist inmates. For this purpose, data were collected through focus group discussions and analysed by applying qualitative thematic analysis.
7.3 THE NEEDS OF INDONESIAN PRISON OFFICERS ON TERRORIST REHABILITATION
From the focus group data, two broad themes emerged about the needs of Indonesian prison officers: direct needs and indirect needs. For the purpose of this thesis, “direct needs” are defined as needs viewed through the lens of prison officers. These needs are directly related to their role as implementers of terrorist rehabilitation programs. During the focus groups, many participants expressed a requirement for training and unambiguous knowledge about implementing prison- based deradicalisation programs. “Indirect needs” are needs that are external to prison officers that help Indonesian prison officers to carry out terrorist rehabilitation inside the prison. This theme arose from discussions about, for example, the term of deradicalisation that is used for terrorist rehabilitation program. How prison officers and other officials should work collaboratively in the implementation of Indonesia’s prison-based deradicalisation program is another example of an indirect need of prison officers for terrorist rehabilitation.
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7.3.1 A Direct Need: Training From the focus group data, two subthemes related to the direct need of training for Indonesian prison officers in deradicalisation were evident: the need for training on deradicalisation programs and the need for training on communication. The first can be classified as training in “hard skills”, while the latter is training in “soft skills”. The most surprising finding was that the officers did not nominate relevant training to develop their religious knowledge. Although lack of knowledge on and experience with religious Islamic teachings was acknowledged as a challenge in the implementation of prison-based deradicalisation programs, training in this area was not expressed as a need by the focus group participants.
The present findings are consistent with those of other research that concluded that both training for prison officers and partnerships for terrorist rehabilitation are important (Andrie, 2011; Gunaratna, 2011; Idris & Taufiqurrohman, 2015; Neumann, 2010). These two factors are required for effective terrorist rehabilitation, along with visionary leadership (Gunaratna, 2011, p. 67).
The Need for Training on Deradicalisation The need for training on deradicalisation arose in all three focus groups. This finding indicates that the issue of training is one of the greatest concerns among Indonesian prison officers. Focus group participants acknowledged that they have not received training specifically about the prison-based deradicalisation program, either from the DGC or from other state and non-state actors. Focus group participants said that:
To be honest, we as a prison officer have not received any specific course or training on the management of terrorist inmates. More specifically on deradicalisation; how to change a radical person to be a good gentleman? (FG1:5)
DGC has never provided training on deradicalisation program, how to carry out the program. Suddenly, the regulation stipulated to be used for terrorist inmates. We do not know what we have to do. Yes, there is nothing special with the interventions or treatments for terrorist prisoners. So we just applied the existing interventions and treatments as we have for any ordinary
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inmates. That is a general rule for the treatment of prisoners as regulated in the Law Number 12, 1995. (FG1:3)
Due to the lack of training on terrorist rehabilitation, focus group participants explained that they rely on personal experiences in managing general prisoners, which is mainly based on the CIL. Although they could transfer their experience in rehabilitating ordinary inmates, the need for specific training on prison-based deradicalisation programs was still a concern for the focus group participants. As they noted that:
We need a specific training on deradicalisation as we don’t have any knowledge about deradicalisation. How are we going to change their mind if we were regarded as a foolish person? For example, how can a math teacher teach mathematics effectively if his students have labelled him as a person who do not understand math? (FG3:5)
My skills as a prison officer are directed only in the context of general inmates. If the government would like to add deradicalisation program for terrorist inmates, we need a specific training on terrorist deradicalisation. (FG2:2)
Furthermore, when discussing their skills in terrorist rehabilitation, a focus group participant said:
We, prison officers, do not have sufficient experiences in dealing with terrorist inmates. Our knowledge is limited to the rehabilitation of general prisoners. (FG3:5)
The main reason given for the need for specific training on deradicalisation programs was lack of knowledge about and experience in deradicalisation. The officers are grappling with a specific activity that must be applied for terrorist inmates. Their actions under the deradicalisation program in the prison were based on the CIL and its relevant regulations.
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In comparing the results of this study with those of previous studies, the need for training for Indonesian prison officers to support their task of terrorist rehabilitation is consistent with the findings of other studies (Gunaratna, 2011; ICG, 2007; Neumann, 2010) that have encouraged the authorities to provide a specific training for officers working on detention centre for extremist offenders. Gunaratna (2011, pp. 73-75) identified that a number of essential aspects should be considered as a working model for terrorist rehabilitation. He identified 12 essential aspects (Gunaratna, 2011, pp. 73-75), including the significance of ongoing training and education (Gunaratna, 2011, p. 75).
At the international level, the need for well-trained prison officers working in prisons with violent extremists has been recognised by the United Nations Office on Drugs and Crime (UNODC), which noted that:
Staffs are the most important element of any prison system. Prison administrations should recognize this and devote ample amount of time and resources in the recruitment, selection and training of people who work in prison. Ensuring that prisons holding violent extremist prisoners has sufficient number of well-trained staffs. (UNODC, 2016, p. 27)
In the Indonesian context, Andrie (2011, p. 3) suggested that training for prison officers is established in order to develop their knowledge and skills in managing terrorist inmates. Further, Nurezki (2013, p. 136) recommended that prison officials who are in charge of deradicalisation programs should be trained properly to better understand terrorists’ behaviour.
The finding of a lack of sufficient training organised by the state agencies, such as the BNPT and the DGC, was disappointing. In fact, several NGOs have organised training for Indonesian prison officers in the rehabilitation of prisoners. The NGOs’ training programs are appreciated by the prison officers, as mentioned in Chapter 5, but the programs have lapsed due to limitations in both funding and time. In its report, the Search for Common Ground (SFCG) recommended the DGC to take over the program and run it on an ongoing basis for the prison officers (SFCG, 2013).
Moreover, the finding on the need for training for the Indonesian prison officers will now be examined in light of the Rome Memorandum on Good Practices
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for Rehabilitation and Reintegration of Violent Extremist Offenders (hereafter referred to as the Rome Memorandum). The Rome Memorandum is an international initiative on the rehabilitation and reintegration of violent extremist offenders and is related to the issue of radicalisation in prisons. It provides best practices to guide the development of rehabilitation and deradicalisation programs (Stone, 2015, p. 221).
The memorandum contains 25 good practices for consideration by countries for their deradicalisation programs. The importance of training for officials working in prisons with terrorists and extremists is described in Good Practice numbers 5 and 9 of the Rome Memorandum. Good Practice Number 5 states “ensure, as appropriate, that all relevant staff are professionally trained and educated to deal with the complexities of reintegration or rehabilitation efforts” (Stone, 2015, p. 238). Further, Good Practice Number 9 states “as the personnel in most frequent contact with the inmates, it is important that prison officers understand and are carefully attuned to the rehabilitation process, even if they are not directly responsible for its delivery” (Stone, 2015, pp. 239-240).
Based on the current findings and these two good practices in the Rome Memorandum, I argue and strongly recommend that the Government of Indonesia provides appropriate training on deradicalisation and rehabilitation for terrorist inmates to equip prison officers and other prison officials to deliver prison-based deradicalisation programs. Nonetheless, further investigation is required to establish aspects of an effective training program, such as the curriculum and the educators. This is an important area for future research.
The Need for Training in Communication Reflecting on personal experiences in maintaining relationships with prison inmates, focus group participants noted that a persuasive approach was a useful strategy for establishing a good relationship with terrorist inmates. As a participant mentioned: “I keep trying to talk with them even though they do not wish to talk. That’s the lesson from my own experiences working in the prison” (FG2:2). Furthermore, other focus group participants said that:
To gain a better communication, I do a persuasive way with terrorist inmates in this prison. I know, initially, terrorist inmates will be angry but at the end,
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they will accept us. So the important thing is communication, it should be interactive and persuasive. (FG2:4)
In line with [Mr FG2:4], what we can do was credible. We cannot be repressive. (FG2:2)
This is an excellent attitude of the officers who have been dealing with terrorist inmates. A constructive way to communicate and avoid conflict has been recognised by the UNODC (2016, p. 101) in its handbook about the management of violent extremist prisoners and the prevention of radicalisation in prisons. Communication skills are complementary to the hard skills of prison officers who are tasked with terrorist rehabilitation. However, the findings show there is still a need for soft skills training in communication. Focus group participants argued:
So the point is actually the officers should have excellent communication skills. How can the officers get in touch with terrorist inmates if they cannot express their idea clearly? (FG3:5)
We used the communicative way with all the inmates. In accordance with the Law Number 12 the year 1995, we must be persuasive. We cannot be repressive. Here we need a skill on communication. (FG2:4)
Moreover, in the context of collecting data about terrorist inmates for profiling or identification, a focus group participant said that they “conducted an interview with terrorist inmates” (FG2:3). As mentioned previously in Chapter 5, Indonesian prison officers in charge of the management of terrorist inmates have the special task of gathering data on the terrorist inmates’ background, officially called profiling or identification. To collect the data, they use both quantitative and qualitative methods. In doing so, soft skills training in communication is important. The comments of focus group participants illustrate the need for such communication training:
We conducted interviews and observations for data collection for profiling. We observe the dynamics of terrorist prisoners in the prison. For this task,
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we do need skills for gaining better communication during collecting the data. (FG1:3)
We need to be trained on communication. Since the inmate is different with other, we do also need a specific approach to get in touch with them. Even though we can develop communication skills with ordinary inmates easily, it will not automatically work with terrorist inmates. (FG2:2)
The need for training in communication skills is supported by previous studies (Al-Hitar, 2011; Braddock, 2014), which indicated communicative activities form part of a deradicalisation program (e.g. psychological counselling, dialogue, and religious debate). Although unintended effects may occur, persuasive communication is considered an integral aspect of deradicalisation programs (Braddock, 2014). Therefore, training in communication is imperative, and should form part of the capacity building for Indonesian prison officers who are tasked with implementing prison-based deradicalisation programs.
In addition, although the finding that officers’ lack of knowledge about religious Islamic teachings is a challenge in the implementation of deradicalisation programs (see Chapter 5), focus group participants did not raise training on this matter as a concern. A study by Merola and Vovak (2012) describes the involvement of service providers on religious matters in the context of incarceration of religious extremists. In this regard, Indonesian prison officers might think that religious activities are the responsibility of other professionals, particularly clerics and Islamic scholars.
7.3.2 An Indirect Need: Good Partnerships The theme of indirect needs emerged from the analysis. This theme arose in discussions on the best way to deliver the deradicalisation program and on cooperation with the BNPT in the implementation of the program. Two factors pertaining to this theme were acknowledged by the focus group participants as supporting their task of implementing the prison-based deradicalisation program. The first is related to the requirement stipulated in legislation for other actors in the implementation of Indonesia’s prison-based deradicalisation programs. The second is
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related to the issue of collaboration with the BNPT within the implementation of deradicalisation programs in the prison.
In addition, these two aspects were recognised as principal challenges in the implementation of prison-based deradicalisation programs, as discussed in chapters 5 and 6. In this chapter, however, the analysis focuses on the needs of the Indonesian prison officers for support in their task as the implementers of the program.
The Need for Other Actors As mentioned in chapters 5 and 6, many actors involved in Indonesia’s prison- based deradicalisation program. In discussing their needs in performing the task of terrorist rehabilitation, focus group participants were concerned about the need for assistance from other actors. Focus group participants noted:
On the responsibility of terrorist rehabilitation, it must not be only the task of prison officers indeed. It must be a task of all institutions. (FG1:3)
If it just a responsibility of prison officers, it will be so difficult for us. (FG2:4)
Further, the cooperation of others agencies and people in the task of terrorist rehabilitation was regarded as important. This cooperation is needed because many issues are involved in dealing with this type of inmate. For instance, in terms of religious teachings, a focus group participant acknowledged that “a role of clerics or Imaam in a religious debate with a terrorist inmate cannot be ruled out” (FG2:1). This field is definitely not an area of professional expertise of prison officers. The following quotes also express the need for other actors in terrorist rehabilitation:
We need other actors such as; leading clerics, the police officers, BNPT, MUI, and so on, for the implementation of deradicalisation programs for terrorist inmates. (FG3:1)
For me, the collaboration with NGOs on delivering specific training for terrorist inmates was perfect. Even though there are many weaknesses in the
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implementation, but it helped us a lot to develop the understanding on deradicalisation. (FG1:3)
In implementing deradicalisation programs for terrorist inmates, we need support from relevant institutions indeed, for example the Ministry of Religious Affair. (FG2:3)
The comments above indicate that the implementation of deradicalisation programs in prisons needs collaborative work with many actors and individuals. Further, the model of an effective partnership for a deradicalisation program should include the institutional level. In other words, an effective program involves not only actors at the implementer level, but also at the institutional level.
The finding of the need for other actors to support prison officers in implementing prison-based deradicalisation programs is consistent with the finding of a previous study, which suggested that clergy and psychologists should assist prison officers in rehabilitating terrorist inmates (Maliki, 2013, p. 18). In the implementation of Indonesia’s prison-based deradicalisation program, other actors and professionals have been involved, including Islamic scholars, psychologists, university scholars, and NGOs (Idris & Taufiqurrohman, 2015; Sarwono, 2012; SFCG, 2013; SFCGI & DITJEN PAS, 2010).
Prison-based deradicalisation programs developed in other countries also indicate that many actors are involved. For example, five religious scholars are employed in the Yemeni deradicalisation program. These scholars are part of Yemeni’s Religious Dialogue Committee. Then, Saudi’s program is supported by the Advisory Committee Counselling Program, which is composed of many actors such as religious clerics, religious experts, university scholars, psychologists, and psychiatrists (Braddock, 2014).
Using the Rome Memorandum as a working model for the rehabilitation of violent extremist offenders, the roles of different actors in prisons is acknowledged. Good Practice Number 7 states that “rehabilitation programs could incorporate a broad range of cross-disciplinary experts, with close coordination among the relevant departments and personnel involved” (Stone, 2015, p. 239). Good Practice Number 7
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suggests actors such as psychologists, social workers, religious scholars, aftercare experts, and even family members can be involved (Stone, 2015, p. 239).
The involvement of many actors in prison-based deradicalisation programs is inevitable. Accordingly, the Indonesian Government, particularly the DGC and the BNPT should identify potential actors who may assist the services in prison-based deradicalisation programs. Although some actors are already involved in Indonesia’s program, other potential actors should be identified. Current actors should be evaluated as well. For example, due to many critiques about the capability of the Islamic scholars who lead religious debates and discussions with terrorist inmates, the selection criteria for the scholars must be carefully considered. In addition, the establishment of specific bodies to represent Indonesia’s prison-based deradicalisation programs should also be considered, for example, a body similar to the Saudi Advisory Committee Counselling Program (Braddock, 2014).
The Need for Good Collaboration between the DGC and the BNPT Turning to the issue of collaboration between the DGC and the BNPT, the focus group data indicated that a good collaboration should be initiated. Although many actors are involved in the programs, one focus group participant recognised “BNPT and DGC as the two main actors for the implementation of prison-based deradicalisation programs” (FG2:3). However, as presented in Chapter 5, issues about the coordination and cooperation between the DGC and the BNPT emerged. The findings in Chapter 5 indicate that there is a deficiency in this regard. A focus group participant emphasised that there should be good collaboration between the DGC and the BNPT, and that such collaboration was mandatory in order to implement effective prison-based deradicalisation programs:
BNPT should work collaboratively with us. At the moment, I think we were working alone without appropriate support from BNPT. For the effectiveness of deradicalisation program in the prison, BNPT and prison officers should work together to implement the program. Yes, I realized BNPT did some activities in the prison in the name of deradicalisation program, but I think it has not been effective. (FG2:3)
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When explaining the problem of lack of collaboration with the BNPT, a focus group participant stated that:
So, the point was BNPT was too far from us. They must also involve in the field directly with us. If they have a program, then they can apply in the prison. (FG2:4)
In addition, another participant mentioned about the BNPT’s role in the aftercare program. This participant considered that the task of the BNPT should be expanded to terrorist inmates who have been released:
The task of BNPT is also related to aftercare program. After a terrorist inmate is released they must be supervised by BNPT. This issue has never been discussed. We do not know about what is happening out there after terrorist inmates are released from the prison. I do believe many of them may get back to his terrorist fellow for some reasons, mainly economic issue. To me, this must be BNPT’s responsibility to look after the former terrorist activities. (FG1:3)
Overall, these results indicate that, while it was difficult for Indonesian prison officers to implement a deradicalisation program in the prison, it was even more challenging to develop a good partnership with the BNPT. Since the deradicalisation program was introduced in 2012 and terrorist inmates were required to participate, prison officers experienced ineffective coordination between the BNPT and the DGC. Unsurprisingly, focus group participants believed that a good collaboration between the DGC and the BNPT is the first step towards supporting their task of implementing prison-based deradicalisation programs.
Regarding this finding, some studies have suggested that coordination and cooperation between the BNPT and the DGC must be improved in the counterterrorism effort in Indonesia. The existing studies conclude that there is a lack of coordination and integration among the BNPT and other agencies on the management of terrorist inmates (Eckard, 2014; IRIN, 2012; Istiqomah, 2012; Sarwono, 2012; Ungerer, 2011). In 2011, Ungerer (2011, p. 19) found that
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“operational coordination for BNPT remains largely with the INP”; he also concluded that “this has been the weakest leg of the Indonesian counter-terrorism system” (Ungerer, 2011, p. 19). Considering the similar finding in the current study, this issue remains unsolved by the Indonesian authorities.
As discussed in Chapter 5, although a focus group participant recognised that there was an improvement after 2014–2015 in the involvement of the BNPT in terrorist rehabilitation, most participants were not satisfied with the BNPT’s performance in Indonesia’s prison-based deradicalisation program. Based on the findings of this study, a good partnership between the BNPT and the DGC is highly recommended in order to improve the role of Indonesian prison officers in deradicalisation. Moreover, since the roles of the DGC and the BNPT have been stipulated in the Government Regulation Number 99 in the year 2012 on the Second Amendment to Government Regulation Number 32 in the year 1999 on Conditions and Implementing Procedures Related to Prisoner Rights, coordination and cooperation between the DGC and the BNPT are critical for the effectiveness of Indonesia’s prison-based deradicalisation program.
Kaats and Opheij (2014, p. 1) posited that nowadays no organisation can solve a problem on its own. Collaboration is important regardless of the sphere of action (Bratton & Tumin, 2012). For this reason, I argue that collaboration or partnership between the DGC and the BNPT is critical in achieving the goal of terrorist inmates’ rehabilitation. However, the issue of partnership or collaboration between the DGC and the BNPT regarding Indonesia’s prison-based deradicalisation program has been overlooked. In the existing studies, although discussions that focus on the role of the BNPT (Bakti, 2014; Idris & Taufiqurrohman, 2015) and the role of the DGC (ICG, 2007; Istiqomah, 2012) are available, a thorough discussion on partnership between the DGC and the BNPT is lacking. Therefore, future studies on effective partnerships for Indonesia’s prison-based deradicalisation program are highly recommended.
7.4 A CORRELATION BETWEEN THE FINDINGS ON THE CHALLENGES AND THE FINDINGS ON THE NEEDS
The empirical results surrounding the needs of Indonesian prison officers in the implementation of prison-based deradicalisation programs highlighted three issues: (1) the need for capacity building, (2) the need for support from other agencies, and (3) the need for good collaboration between the BNPT and the DGC. In order to
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assess these needs, we need to recall the findings and analysis presented in Chapter 5 on the challenges faced by the Indonesian prison officers in the task of terrorist rehabilitation. Chapter 5 of the thesis discussed five broad themes prisoner officers face as challenges in the implementation of prison-based deradicalisation programs:
1. Terrorist inmates’ personalities.
2. The readiness of Indonesian prison officers.
3. The sustainability of Indonesia’s prison-based deradicalisation program.
4. Institutional infrastructure problems.
5. The unavailability of collaborative mechanisms.
Furthermore, the correlation between the challenges and the needs of Indonesian prison officers on terrorist rehabilitation is examined. It shows that an obvious correlation exists between the challenges and the needs of Indonesian prison officers in terrorist rehabilitation. Table 7.1 illustrates the correlation between these two things.
First, the need of Indonesian prison officers for training in both deradicalisation and communication is related to the readiness of the prison officers for the implementation of prison-based deradicalisation programs, particularly the internal aspects of readiness. That is, recognition of the lack of personal abilities and skills leads to the identified need for training. In addition, the need for training also relates to the personalities of terrorist inmates. Providing training on deradicalisation and communication for Indonesian prison officers will equip them with basic knowledge and skills required for dealing with terrorist inmate personalities. Thus the overarching issue is capacity building for Indonesian prison officers.
Second, the need of Indonesian prison officers for support from other agencies and for good collaboration with the BNPT is related to the challenge of the unavailability of collaborative mechanisms, the sustainability of the program, and the institutional infrastructure problems. In order to overcome the challenge of the unavailability of collaborative mechanisms, support from other actors and good collaboration with the BNPT are two avenues through which to develop collaborative mechanisms for the implementation of prison-based deradicalisation programs. In terms of program sustainability, the DGC should continue with life skill training
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(LST) and conflict management training (CMT) for terrorist inmates by developing collaboration with NGOs that have assisted prison officers in implementing LST and CMT in several Indonesian prisons. Further, in order to overcome the challenge of institutional infrastructure problems, establishing a specialised prison for terrorists is the first step in the effort to rehabilitate terrorist inmates. Good collaboration between the DGC and the BNPT is required to establish and manage such a prison. Overall, recognition of these challenges translates into the need for support from other actors and good collaboration with the BNPT.
Table 7.1 Correlation between the Challenges and the Need of Indonesian Prison Officers Regarding Terrorist Rehabilitation
Needs
Challenges Direct Indirect
TD TC SA GC
Personalities of Terrorist Inmates X X
Readiness of Indonesian Prison Officers X X
Sustainability of the Program X
Institutional Infrastructure Problems X
Unavailability of Collaborative X X Mechanisms
Note:
TD = Training on Deradicalisation; TC = Training on Communication; SA = Support from other Actors; GC = Good Collaboration with the BNPT.
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These findings are important for identifying strategies that can be used to improve the role of Indonesian prison officers in the implementation of prison-based deradicalisation programs. I argue that a reform option is one of the strategies to be applied to rectify the problem, particularly concerning the issue of collaboration between the BNPT and the DGC.
7.5 STRATEGIES FOR THE FUTURE
To find strategies for improving the role of Indonesian prison officers in the implementation of prison-based deradicalisation programs, this study applied the frameworks of policy and legal reform research. Policy and legal reform research is part of additional legal research frameworks that have been recognised and applied in the study of law (Hutchinson, 2010). Applying these frameworks, the study identified two strategies for improving Indonesian prison officers’ role in terrorist rehabilitation: policy recommendations and regulation reform.
7.5.1 Strategy One: Policy Recommendations The existing literature on Indonesia’s prison-based deradicalisation programs explains that Indonesia’s prison-based deradicalisation programs have been a “trial and error” program (ICG, 2007; IPI, 2010), or an ad hoc program (Eckard, 2014; Gunaratna, 2011; Idris & Taufiqurrohman, 2015). Problems and issues have been examined and identified. Consequently, previous studies have made many recommendations: basing inmates’ rehabilitation on their individual motivations; expanding financial assistance programs; improving coordination between counterterrorism agencies (Ungerer, 2011); correctional institution reform (Istiqomah, 2012); sharing data on terrorists’ background among parts of the criminal justice system (ICG, 2007); and improving post-release monitoring (IPAC, 2013).
This study, however, provides different approach to investigating policy recommendations by conducting a thorough empirical qualitative study through the lens of the end users of the program, specifically, Indonesian prison officers. Focus groups were conducted with this specific group of officers who are tasked with rehabilitating terrorist inmates. From their firsthand experiences in implementing the rehabilitation program, policy recommendations were generated, specifically for improving their role in this process.
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Drawing on Majchrzak’s (1984, p. 12) idea of “conducting research on a fundamental social problem in order to provide policy makers with pragmatic, actioned-oriented recommendation for alleviating the problem”, this study aimed to provide policy recommendations for the Government of Indonesia. Furthermore, by conducting empirical research on Indonesian prison officers’ experiences and needs regarding the implementation of prison-based deradicalisation programs, I argue that the Government of Indonesia specifically the DGC of the Republic of Indonesia must consider three policy recommendations:
1. Build the capacity of prison officers who are in charge of terrorist rehabilitation.
2. Develop collaborative mechanisms with other actors.
3. Develop a good partnership with the BNPT.
To implement the first recommendation, the DGC should design, implement, and evaluate capacity-building activities for Indonesian prison officers who are in charge of delivering terrorist rehabilitation programs in prisons. The findings from the focus groups conducted in this study indicate that officers need training in communication and deradicalisation. Therefore, these two activities should be included in the capacity-building activities set out for implementers. Because capacity building can be very expensive, a socio-economic approach approach can be employed to investigate efficient initiatives.
Regarding the second recommendation, the DGC should develop good partnerships with other actors for the implementation of prison-based deradicalisation programs. The Rome Memorandum suggests that the implementation of deradicalisation programs requires a variety of actors in prisons, including psychologists, social workers, religious scholars, aftercare experts, and even family members (Stone, 2015). Because of the typology of these inmates, prison officers cannot deliver the programs by themselves. Thus, good partnerships with other actors and professionals are mandatory. Further research should evaluate collaborative mechanisms among agencies supporting the implementation of prison- based deradicalisation program and recommend improvements.
Concerning the third recommendation, because the BNPT is the coordinator of Indonesia’s deradicalisation program, the DGC must develop a good partnership with
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the BNPT. This policy recommendation is vital for realising collaborative work between the DGC and the BNPT on prison-based deradicalisation programs. The lack of collaboration was identified in 2011 (Ungerer, 2011), but in 2017, at the time of writing, the problem still existed. Since its establishment in 2010, assigning the BNPT as the coordinator of Indonesia’s deradicalisation program has not solved the problem. According to Istiqomah, the BNPT and other agencies are struggling to integrate under “the umbrellas of counterterrorism program” (Istiqomah, 2012, p. 273). Therefore, I recommend further research on the topic of partnerships and collaborations regarding Indonesia’s prison-based deradicalisation program. Finding the underlying reasons for this problem with collaboration would be beneficial. Moreover, investigation of how collaboration between the DGC and the BNPT can be improved is also recommended.
7.5.2 Strategy Two: Regulation Reform As well as proposing policy recommendations, this study also proposes a legal reform agenda. To examine which regulations should be reformed to improve the role of Indonesian prison officers in deradicalisation, several relevant regulations (primary legal materials) were collected:
1. Government Regulation Number 31 in the year 1999 on the Guidance of Prisoners.
2. Government Regulation Number 32 in the year 1999 on Conditions and Implementing Procedures Related to Prisoner Rights.
3. Government Regulation Number 28 in the year 2006 on the Amendments to Government Regulation Number 32 in the year 1999 on Conditions and Implementing Procedures Related to Prisoner Rights.
4. Government Regulation Number 99 in the year 2012 on the Second Amendments to Government Regulation Number 32 in the year 1999 on Conditions and Implementing Procedures Related to Prisoner Rights.
5. Presidential Regulation Number 46 in the year 2010 on National Counter Terrorism Agency.
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6. Presidential Regulation Number 12 in the year 2010 on the Amendments to Presidential Regulation Number 46 in the year 2010 on National Counter Terrorism Agency.
After investigating and evaluating these laws, I found a problem with the provision of Article 34A (1) paragraph c in regulation number 4 listed above (the Government Regulation Number 99, the year 2012 on the Second Amendments to Government Regulation Number 32 the year 1999 on Conditions and Implementing Procedures Related to Prisoner Rights). This article stipulates that a remission will be granted to a terrorist inmate if they have followed a deradicalisation program (with certain conditions) held by Corrections and/or the BNPT. This provision causes an ambiguity about the responsibility for implementing the program.
To begin with, the question is: Should the program be delivered by the BNPT, Corrections, or both? Currently, both the BNPT and Corrections run deradicalisation programs for terrorist prisoners, with a lack of coordination and cooperation between the two institutions. To complicate the matter further, the INP also claims to implement deradicalisation programs for terrorist inmates (Eckard, 2014; ICG, 2007; Osman, 2014). Hence the ambiguity about which program(s) is an official program in terms of the requirement for remission. Moreover, Idris and Taufiqurrohman (2015) demonstrated several issues with the BNPT’s program related to its implementation. Idris and Taufiqurrohman (2015, p. 85) argued that:
There is confusion whether it will be applied on the basis of voluntary participation or forced participation. There is also a need to overcome the lack of inter-agency cooperation and qualified human resources to run the programme. In addition, it is not clear yet whether the terrorist prisoners who have served their sentences but have not passed the programme evaluation will be released from prisons or kept in the prisons until they pass the programme.
The above statement and questions, including the recognition of the lack of inter-agency cooperation, emerged because the main implementer is not stated clearly in the Article 34A (1) paragraph c of the Government Regulation Number 99, year 2012. Two institutions are responsible for the implementation of the program:
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correctional institutions and the BNPT. However, collaborative mechanisms between the DGC and the BNPT on prison-based deradicalisation programs is non-existent. To sum up, Idris and Taufiqurrohman’s (2015) conclusion is related to the provision of Article 34A (1) paragraph c Government Regulation Number 99, year 2012, which stipulates two institutions (correctional institutions and the BNPT) for the same task, namely, prison-based deradicalisation programs. However, further provisions or policies on collaboration is not provided. Without a clear partnership mechanism, correctional institutions and the BNPT will keep implementing the program from their own perspectives and experiences. Therefore, the main implementer must be clearly stated, as well as the collaborative mechanisms to be applied. As explained by Kaats & Opheij (2014), collaboration is an important issue nowadays, particularly when the participating parties face ambiguities.
Previous studies (Eckard, 2014; IRIN, 2012; Istiqomah, 2012; Sarwono, 2012; Ungerer, 2011) also identified the problem of collaboration between the BNPT and correctional institutions; however, investigation of the cause of the problem has been overlooked. Through the lens of legal substance, the findings of this study suggest that the problem of collaboration between the BNPT and correctional institutions is caused by ambiguity in the legal provision for the implementation of prison-based deradicalisation programs. On the level of policy and practice, although the BNPT runs deradicalisation programs in prisons, the findings of this study show that prison directors assume the management of terrorist inmates. As presented in chapters 2 and 5, a prison director has discretionary power in housing policy and practice for terrorist inmates in terms of whether they will be segregated from or integrated with other inmates.
In conclusion, the vague statement about the main implementer of the prison- based deradicalisation program in Article 34A (1) paragraph c Government Regulation Number 99, in the year 2012 leads to ambiguity about the implementation of the program at the coalface. Therefore, the provision in this article should be amended. The main implementer of Indonesia’s prison-based deradicalisation program must be a single institution; otherwise, the program will remain ad hoc, or consist of “trial and error” activities. Although other actors are mandatory in the implementation of Indonesia’s prison-based deradicalisation program, two or more institutions should not be nominated as the main implementers. There should be a
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single institution as the primary implementer. Other actors, on the other hand, can be nominated as the complimentary implementers.
I argue that the provision of Article 34A (1) paragraph c Government Regulation Number 99, the year 2012 is one of the root causes of the challenges faced by the Indonesian prison officers in the implementation of prison-based deradicalisation programs. Appointing two institutions for the same task without clear responsibilities for each institution leads to the issue of accountability. The reason behind this provision may be to establish a “parallel” relationship (Scholten, Maggetti, & Versluis, 2017, p. 358) in which Corrections and the BNPT share the responsibility for implementing the prison-based deradicalisation program. However, in the field, Corrections is the main implementer of the program (i.e. prison officers, as discussed in chapters 5 and 6). Hence the participants in this study questioned the accountability of the BNPT in the implementation of prison-based deradicalisation programs. As presented previously, a participant stated that the “BNPT was too far from us. They must also involve in the field directly with us. If they have a program, then they can apply in the prison” (FG2:4). Thus a parallel relationship for program implementation clearly does not currently exist. The relationship is “supporting” in nature (Scholten, Maggetti, & Versluis, 2017, p. 359). The prison officers hold the core of responsibilities while other actors, including the BNPT’s staff, play a supporting role in various activities.
Moreover, I argue that correctional institutions, under the management of the DGC, should be appointed as the main implementer. The prison authorities should primarily organise and run the program, which is subsequently implemented by the prison officers. Correctional institutions, rather than the BNPT and other actors, are more appropriate for this task for two reasons.
First, correctional institutions are responsible for rehabilitating inmates, including terrorist inmates. This specific role is stipulated in Article 2 of the CIL, as presented in Section 7.2. To reiterate, the article states that the aim of the corrections system is to improve and develop prisoners so that they do not violate the laws, and simultaneously to encourage prisoners to fully reinvigorate and become active, productive, and useful members of society. The BNPT and other actors do not have such a specific role, although they are also involved in the prison-based deradicalisation programs.
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Second, in contrast to the BNPT and other actors, correctional institutions have ample opportunities to interact with terrorist inmates through the arm of the prison officers. Convicted terrorists are sent to and live in prisons for a specific period based on their sentences, where prison officers meet and interact with them on a daily basis. Therefore, appointing prison officers as the main implementers of prison-based deradicalisation programs is more likely to support terrorist rehabilitation.
However, I must highlight here that appointing correctional institutions as the main implementers of such programs does not mean that other actors are not needed, including BNPT staff. If the BNPT appoints officers who are specifically responsible for prison-based deradicalisation programs, these officers should work collaboratively with the prison officers to implement the program. The “supporting type of relationship” (Scholten, Maggetti, & Versluis, 2017, p. 359) should be adopted. As discussed in chapters 5 and 6, other actors such as clerics, psychologists, and BNPT staff are definitely needed to work collaboratively with and to support the correctional institutions in implementing deradicalisation programs. In other words, other professionals must work collaboratively with the prison officers who are given the specific responsibility for terrorist rehabilitation. For example, the prison authority can invite other professionals to run specific activities such as religious discussions or psychological counselling.
In conclusion, I recommend that a new regulation is enacted in order to realise supporting relationships between the primary and complementary implementers of prison-based deradicalisation programs. The responsibilities of the DGC, the BNPT, and other actors in the implementation of these programs must be identified and stipulated clearly in this new regulation. This legal foundation is vital for improving collaboration between the DGC and the BNPT in the implementation of prison-based deradicalisation programs.
7.6 CONCLUDING REMARKS
This chapter has answered the research question on strategies that can be used to improve the role of Indonesian prison officers in the implementation of prison- based deradicalisation programs. Before formulating the strategies, the needs of Indonesian prison officers in terrorist rehabilitation were identified. Through a thematic qualitative analysis of these needs, two broad themes emerged, “direct
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needs” and “indirect needs”. Direct needs are needs viewed through the lens of the prison officers and directly relate to their role as the implementers of the programs. Indirect needs are needs external to the prison officers that help the officers to carry out terrorist deradicalisation programs inside the prison.
The findings discussed in this chapter can be adopted by the Government of Indonesia in designing policies to improve Indonesian prison officers’ role in terrorist rehabilitation. These policies are important not only for Indonesian prison officers who are appointed to work in the special prison for terrorist inmates, but also for those responsible for terrorist rehabilitation in general prisons. The officers should be equipped with suitable resources to support their role in terrorist rehabilitation.
Furthermore, two strategies for improving the role of Indonesian prison officers in terrorist deradicalisation were identified in this chapter. The first is strategic policy recommendations, which include capacity building for prison officers in charge of terrorist rehabilitation, developing collaborative mechanisms with other actors, and developing a good partnership with the BNPT.
The second strategy is to reform a provision about the implementer of Indonesia’s prison-based deradicalisation program as stipulated in Article 34A (1) paragraph c Government Regulation Number 99 year 2012. The provision implies that both the DGC and the BNPT can be implementers of the program. However, currently collaboration mechanisms among the implementers of the program are lacking. This provision causes ambiguity at the implementation level, as discussed in Chapter 5. Although prison officers believe that the BNPT is the main implementer of prison-based deradicalisation programs, in reality, terrorist rehabilitation programs are primarily implemented by prison officers.
To solve this problem, I argue that Article 34A (1) paragraph c Government Regulation Number 99 year 2012 must be amended by stipulating only one institution as the main implementer, that is, the correctional institutions. However, appointing correctional institutions as the main implementer of such program does not mean that other actors are not needed. Other actors should be nominated as the complimentary implementers. In rehabilitating terrorist inmates, correctional institutions should be supported by other institutions such as the BNPT and the MoRA.
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Conclusions and Recommendations
Rehabilitation is to help someone return to normal life by providing education, training and therapy... Whether they are operational terrorists or extremist supporters, they believe that violence and other extreme measures are acceptable means to bring about political change. Terrorists and their supporters are not mainstream but extreme. To facilitate their return to the mainstream from the extreme, they must be rehabilitated. Rehabilitiation may not be a perfect solution that transforms every single terrorist but it is the best available solution. (Gunaratna, 2015, p. 5)
This chapter summarises the findings related to the research questions presented in Chapter 1 of this thesis. It discusses how Indonesian prison officers experience the implementation of prison-based deradicalisation programs, and presents strategies to potentially improve Indonesian prison officers’ role in terrorist rehabilitation. The findings presented in this thesis are important because, despite its limitations, rehabilitation is “the best available solution” for deradicalising convicted terrorists, as stated by Gunaratna (2015, p. 5) in the quotation above.
Due the fact that Indonesia has a significant number of terrorist inmates, the authorities have established a prison-based deradicalisation program for this type of inmate. The program is implemented either by prison officers or by other actors such as the National Counter Terrorism Agency (Badan Nasional Penanggulangan Terorisme – [BNPT]), the Indonesian National Police (INP), and Non-Governemnatl Organisations (NGOs). Because prison officers are the main people who interact with the prisoners on daily basis, researching their experiences is worthwhile. My literature review indicated a research gap on the topic of Indonesia’s prison-based deradicalisation programs viewed from the lens of the implementer. Moreover, investigating and assessing the voices of prison officers is important as one of the sources for future policy.
The remainder of the chapter is divided into two sections. Section 8.1 summarises the conclusions of my research and reiterates the main findings. Section
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8.2 discusses the practical recommendations for the Government of Indonesia in order to improve the role of prison officers in the deradicalisation program for terrorist convicts. This is followed by a brief set of recommendations for future research on Indonesia’s prison-based deradicalisation program.
8.1 CONCLUSIONS
This thesis has examined the experiences of Indonesian prison officers in implementing deradicalisation programs for terrorist prisoners. In the Indonesian context, although a considerable amount of research, policy, and political debate has focused on terrorist prisoners (Hassan, 2007; Jones C. R., 2014; Osman, 2014; Ungerer, 2011; Sarwono, 2013) and prison-based deradicalisation programs (Bakti, 2014; Eckard, 2014; Idris & Taufiqurrohman, 2015; Istiqomah, 2012; Johnston, 2009), less attention has been paid to the Indonesian prison officers who are implementing the program at the coalface. Therefore, this thesis aims to bridge this research gap by examining the experiences of Indonesian prison officers in the implementation of prison-based deradicalisation programs, and by identifying policy recommendations and law reform options related to the improvement of Indonesian prison officers’ role in terrorist rehabilitation. To achieve these aims, these research questions were proposed:
1. What are the challenges for Indonesian prison officers in implementing prison-based deradicalisation programs for convicted terrorists?
2. What are Indonesian prison officers’ views on the establishment of a special prison for convicted terrorists in Indonesia?
3. What strategies can be used to improve the role of Indonesian prison officers in implementing prison-based deradicalisation programs?
In answering these research questions, this study used qualitative social research and legal research methodologies. These methodologies were used because the research questions had to be addressed by different methods. The methodology of qualitative social research was used to investigate the challenges faced by prison officers implementing the deradicalisation program (Research Question 1), and to analyse their views on the establishment of a special prison for convicted terrorists in Indonesia (Research Question 2). Primary and secondary data were collected to address these questions. Qualitative social research and legal research methodologies
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were combined to identify strategies for improving the role of Indonesian prison officers in implementing the deradicalisation program (Research Question 3).
As prescribed in social research methodology, this study collected two main types of data: primary and secondary. Primary data were collected through focus group discussions. A series of three focus groups was carried out in November 2015 and June 2016. I conducted the first focus group in Cipinang Prison on 1 November 2015 with three prison officers, and the second focus group in Pasir Putih Nusakambangan Prison on 2 November 2015 with five prison officers. The third focus group was conducted in Surabaya Prison on 25 June 2016 with five prison officers. On average, the focus groups took about an hour. Thematic analysis was applied for data analysis. Furthermore, to increase the trustworthiness of the data collected, a research diary was also used to record fieldwork activities and prominent insights related to the topic of the study. Secondary data were collected through literature searches.
In terms of legal research, legal resources that were used in this study are primary and secondary legal materials, and non-legal material. The primary legal materials comprised the Anti-Terrorism Law (ATL), the Anti-Terrorism Financing Law ATFL, the Correctional Institution Law (CIL), and some relevant regulations. These materials were collected through literature searches and library methods. The secondary legal materials included articles in law journals, textbooks, conference papers and proceedings, encyclopaedias, and websites. They were collected through literature searches and library methods, and through the internet. The non-legal materials were findings from other disciplines; materials that are not related to the legal field are often used in legal research to enrich and strengthen the analysis.
The main findings of the research are presented in chapters 5, 6, and 7, to answer research questions 1, 2, and 3, respectively. The following subsections summarise the main findings of the research.
8.1.1 The Challenges of Deradicalisation: Indonesian Prison Officers’ Experiences The challenges for Indonesian prison officers in implementing prison-based deradicalisation programs are discussed in Chapter 5. This thesis presents five challenges that were identified from the experiences of Indonesian prison officers in implementing the programs:
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1. Terrorist inmates’ personalities.
2. The readiness of Indonesian prison officers.
3. The sustainability of Indonesia’s prison-based deradicalisation program.
4. Institutional infrastructure problems.
5. Unavailability of collaborative mechanisms.
Regarding the personalities of terrorist inmates, Indonesian prison officers faced several challenges related to the beliefs and behaviour of these inmates. The beliefs of terrorists that were recognised as challenges by the focus group participants were beliefs that they (the terrorists) were not criminals, that they were heroes in a divine war, and that they were the only “right” individuals in interpreting Islamic religious teachings. In this context, many studies have demonstrated that terrorists do differ from other criminals (Ganor, 2002; Goldman, 2014; Gunaratna, 2011; Mahan & Griset, 2013; Presman & Flockton, 2014; Silke, 2014; UNODC, 2016). Further, terrorists’ beliefs that they are heroes of a holy war are consistent with Hasan’s (2007) study on Imam Samudra’s justification for the Bali Bombings. Hasan demonstrated that Samudra’s idea of a perpetual war was the most critical aspect of his thinking. The finding that terrorist inmates believed they are the “most right” individuals in interpreting Islamic ideology agrees with the findings of the International Crisis Group (ICG, 2007, p. 12) and Bakti (2014, p. 176), who showed that terrorist inmates responded negatively to a discussion about Islam delivered by someone outside their circle.
Besides the terrorist’s beliefs, participants recognised two challenges regarding the behaviour of terrorist inmates: reacting against the officers, and refusing to participate in any programs. These findings are consistent with those of a previous study by Hannah et al. (Hannah, Clutterbuck, & Rubin, 2008). These authors classified the spectrum of potential activities undertaken by radicalised prisoners, particularly regarding the use of passive or non-violent resistance and active or violent resistance to prison authorities. In terms of the current study, the participants’ challenge of prisoners reacting against the officers is a form of violent resistance, while refusing to participate in any programs is a form of non-violent resistance.
In relation to the readiness of prison officers, the challenges fell under two broad subthemes: internal factors and external factors. Internal factors are factors that
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relate to “inside” Indonesian prison officers’ themselves, for example, self-evaluation and prison officers’ personal characteristics. External factors are those that relate to “outside” the officers, for example, group evaluation and prison officers’ collegiality.
Two internal factors were identified: limited skills and abilities of officers in terrorist deradicalisation and rehabilitation, and limited knowledge of Islamic religious teachings. The first acknowledges the limited skills and abilities of the prison officers, while the second acknowledges their limited capabilities in religious Islamic teachings and experiences. These findings are consistent with those of Eckard (2014), who concluded limited skills and abilities is a common problem in Indonesian prison officers, and those of Maliki (2013), who found that Indonesian prison officers’ religious education and experiences were often less than those of terrorist inmates. Further, studies conducted by C. R. Jones (2014), Ungerer (2011), and Osman (2014) may help explain why the focus group participants thought that they lacked capabilities in religious teachings and experiences. These studies concluded that prison officers and prison populations regard terrorist inmates highly because the inmates are devout religious men willing to lay down their lives for Islam.
Three external factors were identified: the limited number of prison officers, a lack of professional support and training, and a lack of legal protection. The limited number of prison officers available to implement Indonesia’s prison-based deradicalisation program suggests that understaffing is one of the key problems for Indonesia’s prison-based deradicalisation program (Abuza, 2009; Eckard, 2014). The finding of the lack of professional support and training on deradicalisation for Indonesian prison officers is consistent with the findings of many other studies (Eckard, 2014; ICG, 2007; Maliki, 2013; Osman, 2014; SFCG, 2013). Previous studies, however, have not uncovered a lack of legal protection.
When considering the sustainability of the programs, the results showed that Indonesia’s prison-based deradicalisation program is incidental and partial. This finding is consistent with the analysis of the current literature, which indicated that the nature of the programs is recognised as unsustainable (Bakti, 2014; Gunaratna, 2015; ICG, 2007). The program was identified as incidental for two reasons: the program was designed as a minor accompaniment to established treatments and interventions for general prisoners; and the assistance offered by several other parties
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(state or non-state actors) in the design and implementation of terrorist rehabilitation was only temporary. The program was identified as partial because it is not applied to all terrorist inmates, even among those in the same prison. Three further reasons identify the program as partial: the rejection of program involvement by non- cooperative terrorist inmates; a timeline for the interventions that prevents all of the terrorist inmates from participating in the program; and non-inclusion of family assistance in the existing programs.
Two institutional infrastructure problems were identified as barriers to achieving the objectives of the prison-based deradicalisation program: the overcapacity issue and the practices for housing terrorist convicts. Overcapacity was a problem in most Indonesian prisons (General Elucidation of The Decree of the Minister of Law and Human Rights Number M.HH-07.OT.01.03, year 2011). The Indonesian prison officers believe that overcapacity affects their tasks and responsibilities during implementation of the deradicalisation program. These findings match those of Gunaratna (2011, p. 65), who identified a correlation between the prison environment and the spread of radical beliefs in the prison. The findings are also consistent with those of a number of previous studies (Eckard, 2014, p. 170; Istiqomah, 2012, p. 31; Jones C. R., 2014, p. 87; Osman, 2014, p. 222) that describe overcrowded prisons and the problems associated with practices for housing management of terrorist inmates, whether segregated from or integrated with other inmates.
The practices for housing terrorist inmates in Indonesian prisons are also a challenge for Indonesian prison officers in the implementation of the program. Housing management for terrorist inmates depends on the policy of the prison director on the segregation or integration of terrorist inmates. The practical implementation of the chosen housing policy, however, is variable. For example, even when a segregation policy is chosen, communication among terrorist inmates may occur, as well as close contact between terrorist inmates and ordinary inmates. Previous studies have noted differences in the policies and practices on the housing of terrorist inmates among prisons in Indonesia (Eckard, 2014; ICG, 2007; Osman, 2014; Ungerer, 2011). In addition, the current finding of the need to segregate non- cooperative ideologue or hard-liner terrorist inmates from the rest of the prison population supports findings from previous studies (ICG, 2007), which found that
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some non-terrorists were successfully radicalised by Imam Samudra in Kerobokan Prison; a prison officer, Beni Irawan, was also radicalised.
Regarding the unavailability of collaborative mechanisms as a challenge faced by the Indonesian prison officers implementing prison-based deradicalisation programs, there were two prominent findings. The first was the lack of cooperation and coordination between the BNPT and the Directorate General of Corrections (DGC). These issues are evident in practice. Prison officers have experienced lack of support from the BNPT’s staff in working together to achieve terrorist rehabilitation or deradicalisation, as discussed by Istiqomah (2012) and Sarwono (2012). The second was unorganised partnerships. Of the many agencies that are involved in prison-based deradicalisation programs, the focus group results revealed that the lack of cooperation and coordination between the BNPT and the DGC was a significant problem. Although the BNPT is the coordinator for the national deradicalisation program, the majority of focus group participants were disappointed with the BNPT’s performance in this regard. Moreover, collaboration between agencies has not been managed well; hence, programs implemented as a result of collaborative work have not been adequately focused on terrorist deradicalisation. This finding is consistent with those of a number of studies (Eckard, 2014; ICG, 2007; IPI, 2010; IRIN, 2012; Ungerer, 2011), which explain that, although there are many actors working on terrorist deradicalisation, the efforts have not been fully integrated.
8.1.2 The Perspectives of Indonesian Prison Officers on the Establishment of a Special Prison The perspectives of Indonesian prison officers on the establishment of a special prison is discussed in Chapter 6. From the analysis of focus group data, this research identified three themes: an absolute agreement on the establishment of a special prison for convicted terrorists; the advantages and disadvantages of a special prison for terrorists; and the policy issues related to a special prison for terrorist inmates.
The finding of an absolute agreement on the establishment of a special prison for terrorist inmates was an interesting result. I expected a debate on the pros and cons of this initiative. However, all the participants in the focus groups agreed with and fully supported the initiative. This finding is consistent with the recommendation of Hassan and Yasin (2012) that the Government of Indonesia establish a special prison facility for convicted terrorists (Hassan & Yasin, 2012, p. 13).
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In practice, the Indonesian model of distributing terrorist inmates through correctional facilities, as described by Neumann (2010), has become a mix of the isolation, separation, and concentration models. Before a specialised prison for convicted terrorists was established, practices in several Indonesian prisons adopted isolation and separation models, rather than the concentration model reflected in a special prison. If not all terrorist inmates are housed in this special prison as per the official policy (Ditjenpas RI, 2016b), then the practice could be described as a partial concentration policy.
Further, from focus group data three advantages of a terrorist prison were identified: improved security and supervision; prevention of the spread of prison radicalisation; and increased likelihood of achieving terrorist deradicalisation goals. In addition, two disadvantages were identified: increased solidarity among terrorist convicts; and hindering the collection of intelligence data. These findings support those of previous studies (Hannah, Clutterbuck, & Rubin, 2008; Mulcahy, Merrington, & Bell, 2013), which noted that a specialised prison for specific offenders may face challenges despite the benefits. Because focus group participants identified some disadvantages of a special prison for terrorist inmates, this indicates they do have concerns about this initiative, despite their overall support for it. In this regard, participants identified a number of policy issues about the management of a special prison for terrorist inmates, includes:
1. The distribution criterion for of terrorist inmates sent to the special prison for terrorists.
2. The decision maker for the distribution.
3. The timing of the distribution to the special prison.
4. Strengthening partnerships.
5. Availability of data on the background of convicted terrorists.
8.1.3 Improving the Role of Indonesian Prison Officers in Deradicalisation In Chapter 7, empirical research findings and legal research findings were combined in order to identify strategies for improving the role of Indonesian prison officers in terrorist rehabilitation. Before identifying the strategies, the needs of Indonesian prison officers regarding terrorist rehabilitation were investigated using
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social qualitative approach. A legal research approach was also used, specifically, the framework of policy and legal reform research.
Through thematic qualitative analysis, two broad themes emerged on the needs of Indonesian prison officers in terrorist rehabilitation: direct needs and indirect needs. Direct needs are needs viewed through the lens of prison officers and are directly related to their role as implementers of the terrorist rehabilitation program. Indirect needs are needs that are external to the prison officers but that help Indonesian prison officers to carry out terrorist rehabilitation inside the prison. Two subthemes related to the direct need for training of Indonesian prison officers in deradicalisation: the need for training on deradicalisation programs and the need for training on communication. The first can be classified as training in “hard skills”, while the latter is training in “soft skills”. Further, two subthemes related to the indirect need for good partnerships: the need for others actors and the need for good collaboration between the DGC and the BNPT. Overall, the present findings are consistent with those of other research that concluded that both training for prison officers and partnerships for terrorist rehabilitation are important (Andrie, 2011; Gunaratna, 2011; Idris & Taufiqurrohman, 2015; Neumann, 2010). These two factors are required for effective terrorist rehabilitation, along with visionary leadership (Gunaratna, 2011, p. 67).
In examining the correlation between the challenges and the needs of Indonesian prison officers in terrorist rehabilitation, my research revealed that there is a link between the challenges and the needs of Indonesian prison officers in terrorist rehabilitation. First, the need of Indonesian prison officers for training in both deradicalisation and communication is related to two challenges found in this study: the readiness of the prison officers and the personalities of terrorist inmates. Recognition of the lack of personal abilities and skills leads to the identified need for training. Thus providing training on deradicalisation and communication for Indonesian prison officers will equip them with the basic knowledge and skills required for dealing with terrorist inmate personalities.
Second, the need of Indonesian prison officers for support from other agencies and for good collaboration with the BNPT is related to three challenges found in this study: program sustainability, institutional infrastructure problems, and unavailability of collaborative mechanisms. In terms of program sustainability, the DGC should
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develop collaboration with NGOs that have assisted prison officers in implementing life skill training and conflict management training in several Indonesian prisons, in order to continue such training for terrorist inmates. Moreover, establishing and managing a specialised prison for terrorists is the first step in the effort to rehabilitate terrorist inmates, in order to overcome the challenge of institutional infrastructure problems. Good collaboration between the DGC and the BNPT is required to establish and manage such a prison. Finally, regarding unavailability of collaborative mechanisms, support from other actors and good collaboration with the BNPT are clearly needed.
Furthermore, through the policy and legal reform framework, two strategies that could improve the role of Indonesian prison officers in terrorist deradicalisation were developed and are presented in Chapter 7. Strategy One is a policy recommendation that includes capacity building for prison officers who are in charge of terrorist rehabilitation; developing collaborative mechanisms with other actors; and developing a good partnership with the BNPT. Strategy Two is the recommendation to reform the vague statement regarding the main implementer of the prison-based deradicalisation program, as stated in Article 34A (1) paragraph c Government Regulation Number 99 year 2012. The primary and subsidiary implementers of the program must be clearly identified, as well as the mechanisms for collaboration with other actors. This recommendation for policy reform is important for the Government of Indonesia in planning and designing policies for improving Indonesian prison officers’ role in terrorist rehabilitation. In addition, the reform is valuable for Indonesian prison officers who are appointed to work in the special prison for terrorist inmates, and for those responsible for terrorist rehabilitation in general prisons.
8.2 RECOMMENDATIONS
Many recommendations are available in the existing literature regarding Indonesia’s prison-based deradicalisation program. This study, however, provides recommendations specifically based on the findings of research into Indonesian prison officers’ perceptions and experiences of implementing such programs. Therefore, the recommendations of this study are rooted in empirical evidence from focus groups comprised of Indonesian prison officers.
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The recommendations of this study fall into two sets: (a) practical recommendations for the Indonesian Government in order to foster effective terrorist rehabilitation through its prison-based deradicalisation program; and (b) suggestions for future research. The first set is revisited in Subsection 8.2.1 and the second in Subsection 8.2.2.
8.2.1 Practical Recommendations for the Government of Indonesia First, the primary implementer of Indonesia’s prison-based deradicalisation program must be one state institution. The government should not appoint two or more institutions, which results in ambiguity around the legitimacy of, and responsibility for, implementing the programs. Currently, based on the Government Regulation Number 99 year 2012, two state institutions are “implicitly” appointed responsibility for the program in the prisons: the prisons under the management of the (DGC), and the BNPT. Further, this study recommends that Indonesian prisons, under the management of the DGC, should be appointed as the main implementer of the program, because the DGC has resources that are likely to support terrorist rehabilitation. Nevertheless, appointing the DGC as the primary implementer does not mean other actors are not needed in the implementation of such programs. This research found that other actors are definitely needed by the Indonesian prison officers in rehabilitating terrorist inmates. Other actors such as psychologists, Islamic scholars, and educators are subsidiary implementers who support the primary implementers in running specific activities for terrorist inmates.
Second, regarding the involvement of many agencies in Indonesia’s prison- based deradicalisation program, I recommend that the BNPT must be the coordinator. The BNPT has the power to invite other actors involved in the program to assist the prison officers responsible for implementation in the prisons because the BNPT has been appointed as the coordinator of the national deradicalisation program based on Presidential Decree No 46 year 2010. By accommodating Indonesian prison officers’ advice as the main implementer of the program in the field, the BNPT can invite other actors (individuals or institutions) that are needed by the prison officers to rehabilitate terrorists. Again, I stress that the coordinator and the implementer of Indonesia’s prison-based deradicalisation program must be different actors. I consider that the coordinator of Indonesia’s prison-based deradicalisation program should be the BNPT while the primary implementer should be the DGC, through the
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arm of Indonesian prison officers. Therefore, to coordinate subsidiary implementers – other actors – in Indonesia’s prison-based deradicalisation program should be the responsibility of the BNPT.
Third, partnerships between the DGC and the BNPT must be improved. There is no doubt that a good collaboration between these two institutions on the implementation of Indonesia’s prison-based deradicalisation program will foster terrorist rehabilitation. The existing research identifies this partnership issue (Eckard, 2014; ICG, 2007; Istiqomah, 2012; Ungerer, 2011), which was also found in this study. Based on these findings, this study suggests that improved partnership between the DGC and the BNPT should clarify responsibility among prison officers and the BNPT’s officials regarding the implementation of the program. To realise this goal, however, the Government of Indonesia must introduce an “umbrella” regulation that explains how these two state institutions should collaborate in fostering terrorist rehabilitation.
Fourth, Indonesian prison officers who are responsible for implementing the deradicalisation program for terrorist inmates must be equipped with both basic and advanced training on deradicalisation. As found in this study, their lack of understanding about deradicalisation, including prison-based deradicalisation programs, affects their role in implementing the program. An analogy might be “they are given a sophisticated appliance but are not given training to operate it”. Furthermore, training on communication should be provided. Officers in the study had experienced that good communication improves the trustworthiness of participants (i.e. terrorist inmates) in programs. The officers strongly believe that this environment fosters rehabilitation for terrorists.
Fifth, the Government of Indonesia must establish a “National Action Plan on the Prison-based Deradicalisation Program”. The Rome Memorandum can be used as a working model because it contains successful practices from many countries and experts on counterterrorism (Stone, 2015). Although no “one size fits all” when dealing with the issue of deradicalisation, lessons learned from other countries that are recognised as successful and effective in the implementation of prison-based deradicalisation programs can be adapted for the Indonesian context (Gunaratna, 2015; Gunaratna & Ali, 2015).
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Sixth, the Indonesian prison authority should include family assistance in designing the prison-based deradicalisation program. As discussed in Section 5.4, participants of this research believe that family involvement in the program policy could foster the successful attainment of the goals of the terrorist rehabilitation and integration programs. Further, the initiatives of conflict management training and life skills training should be developed by the DGC and the BNPT. Participants in this research believed that both these types of training are appropriate interventions for terrorist inmates in the Indonesian context.
8.2.2 Suggestions for Further Research A finding in this thesis indicated that prison officers considered that both incentives and religious counselling can be effective in terrorist rehabilitation. However, the existing literature concludes that incentives are more effective than religious counselling. Therefore, investigating the extent to which religious counselling can positively influence the deradicalisation of terrorist inmates is an interesting topic for further research.
Moreover, this thesis has discussed the issue of radicalisation occurring in Indonesian prisons due to a policy of integration. However, some focus group participants noted that integration can be effective for terrorist rehabilitation. Hence, the effectiveness of integration policies for terrorist deradicalisation requires investigation.
As noted in Chapter 2, this research focused on the lens of the prison officers who implement deradicalisation programs. In practice, the BNPT is also involved in the implementation of programs. Therefore, further research from different perspectives is recommended to assess whether BNPT staff face the same challenges as those of prison officers.
Further, research is needed to evaluate collaboration between the DGC and the BNPT. A thorough examination is suggested to determine the nature and effectiveness of the collaboration. Previously, achieving good collaboration has proved difficult. Criteria based on the considerable body of existing literature on partnerships and collaboration could be used for evaluation. Regarding other actors, further research is recommended on developing effective collaboration among
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institutions, both state and non-state actors that are involved with the prison-based deradicalisation program.
In addition, two practical matters could also be investigated: the need for training in religious teachings, and the implementation methods for deradicalisation programs. Although the need for training in religious teachings did not emerge from the analysis in this study, investigation of this issue is important. Exploratory research, for example, could examine the perspectives of prison officers about the extent to which such training could support their task of rehabilitating terrorist inmates. Further, authorities could benefit from investigation of appropriate methods to implement programs.
Finally, this thesis concludes that ongoing research is required about the policy of establishing a special prison for convicted terrorists in the context of Indonesia. The research might investigate whether, and to what extent, the advantages of such a prison for terrorist inmates outweigh the disadvantages in the Indonesian context. In addition, a cost–benefit analysis should be undertaken because limited funding is always a major issue in developing countries, including Indonesia.
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Appendices
Appendix A
Question Guide for Focus Groups
Question guide for addressing Research Question 1:
What do you know about the deradicalisation program? How do you implement the program in the prison? What activities have you undertaken to rehabilitate terrorist inmates? Do you treat terrorist prisoners the same as other ordinary inmates? What are the challenges when you undertake your activities, and how do you face these challenges? Are there any officials from other agencies who play a role in rehabilitating terrorist prisoners? If yes, what activities have they conducted in the prison? Do you think the activities support terrorist rehabilitation? How do you assess whether deradicalisation programs for terrorist prisoners are successful or not?
Question guide for addressing Research Question 2:
What you know about the plan of the government to establish a special prison for convicted terrorists? How do you perceive the establishment of a special prison for convicted terrorists? What should the government consider if a specialised prison for terrorists is established? Do you agree with this initiative? If yes (or no), what are the reasons? Is close interaction among terrorist inmates in a specialised prison good or bad for rehabilitating terrorists?
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 235
Question guide for addressing Research Question 3:
How do you perceive your role in rehabilitating terrorist prisoners? What do you think about the role of the National Counter-Terrorism Agency (Badan Nasional Penanggulangan Terorisme – BNPT) or other agencies in rehabilitating terrorist inmates? What are the challenges that the Directorate General of Corrections (DGC) has faces in playing its role? What kind of support do you think you need in order to improve your role in rehabilitating terrorist inmates? What policies has your institution established concerning your role in rehabilitating terrorist prisoners? How does your organisation respond to the needs of prison officers?
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Appendix B
Formal Request Letter for Conducting Fieldwork in Indonesian Prisons
(English Version)
Subject : Fieldwork Permit Application Annex : 1 exemplar
To: The Director General of Corrections The Ministry of Law and Human Rights of Republic of Indonesia
Dear Sirs,
I, the undersigned, Name : I Gede Widhiana Suarda Place, Date of Birth : Denpasar, 10 February 1978 Address : PerumGraha Citra Mas Blok Z No. 6 Kaliwates, Jember. Occupation : Lecturer of Law Faculty of the University of Jember would like to apply for a fieldwork permit within the Directorate General of Corrections, specifically at Cipinang and Pasir Putih Nusakambangan Prisons. This research is part of my PhD thesis to be presented at the Queensland University of Technology (QUT), Australia. I hereby attach: 1. TOR and Proposal of Research; 2. Summary of Research Activity Plan; 3. Ethics Approval Certificate from QUT; and 4. Participant Willingness to Participate Form (Prison Officer).
I really appreciate your kind attention and cooperation.
Jakarta, 8 September 2015. Faithfully,
I Gede Widhiana Suarda
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 237
Appendix C
Formal Request Letter for Conducting Fieldwork in Indonesian Prisons
(Bahasa Indonesia Version)
Hal : Permohonan ijin penelitian lapang (fieldwork) Lamp : 1 exp.
Kepada Yth: Direktur Jenderal Pemasyarakatan Kementerian Hukum dan HAM Republik Indonesia
Dengan hormat, Saya yang bertanda tangan di bawah ini: Nama : I Gede Widhiana Suarda Tempat/Tgl Lahir : Denpasar / 10 Februari 1978 Alamat : Perum Graha Citra Mas Blok Z No. 6 Kaliwates, Jember Pekerjaan : Dosen FH Universitas Jember mengajukan permohonan ijin kegiatan penelitian di lingkungan Direktorat Jenderal Pemasyarakatan, khususnya di Lapas Cipinang dan Lapas Pasir Putih Nusakambangan. Penelitian ini dilaksanakan sebagai bagian dari penulisan disertasi yang kini tengah saya tempuh di Queensland University of Technology (QUT) Australia. Bersama ini saya lampirkan: 1. TOR Proposal Penelitian; 2. Resume Rencana Kegiatan Penelitian; 3. Ethics Approval Certificate dari QUT; dan 4. Form Lembar kesediaaan bagi partisipan (Petugas Pemasyarakatan).
Atas perhatian dan kerjasamanya saya sampaikan terima kasih.
Jakarta, 8 September 2015 Hormat saya,
I Gede Widhiana Suarda
238 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
Appendix D
Formal Permission Letter for Conducting Fieldwork in Indonesian Prisons
(English Version from Certified Translator)
An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice 239
Appendix E
Formal Permission Letter for Conducting Fieldwork in Indonesian Prisons
(Original – Bahasa Indonesia)
240 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
Appendix F
Participant Information Sheet
PARTICIPANT INFORMATION FOR QUT RESEARCH PROJECT
– Focus group –
Title of the Study
QUT Ethics Approval Number 1500000642
RESEARCH TEAM
Principal Researcher: I Gede Widhiana Suarda PhD student Associate Researchers: Professor Reece Walters Principal Supervisor Associate Professor Mark Lauch Associate Supervisor
School of Justice, Faculty of Law, Queensland University of Technology (QUT), Australia
DESCRIPTION
This project is being undertaken as part of a PhD for I Gede Widhiana Suarda at QUT.
The purpose of this project is to examine terrorist prisoner supervision models in Indonesia. In order to propose an alternative model to Indonesia, a comparison with Singapore’s models will be conducted.
You are invited to participate in this project because you are a prison staff/guard/warden and are currently supervising terrorist prisoners.
PARTICIPATION
Your participation will involve an audio recorded focus group at the prison office or another agreed location. The focus group will take approximately one hour of your time. Questions will include: what programs do you use to supervise terrorist inmates in prison, why do you use these supervision programs, and how do you evaluate the programs.
A focus group is interviewing participants in a group to collect data. You will not be interviewed individually. In this research we will have 5 guards/wardens to take part a part in the focus group. I will be the moderator that focuses the group discussion on specific themes of interest and I will include a number of different perspectives on the given themes.
Please note that if you arrive late it may not be possible for you to participate.
Your participation in this project is entirely voluntary. If you do agree to participate you can withdraw from the project without comment or penalty.
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EXPECTED BENEFITS
This research will not benefit you directly. However, the research project will provide the opportunity to discuss various issues and experiences related to de-radicalisation and rehabilitation programs for terrorist prisoners.
The main benefit of the research is that it will significantly contribute to existing academic literature on de-radicalisation and rehabilitation programs for terrorist prisoners. The research findings will be an invaluable piece of research that could potentially influence future policy and law reform regarding terrorist prisoner supervision.
To recognise your contribution should you choose to participate, the research team is offering you a gift voucher of $25 AUD (equal to Rp. 250,000) for dinner at a local restaurant.
RISKS
The potential risks for the proposed research are minimal but might include inconvenience because of the time and place of the focus group. You might also experience anxiety or nervousness during the focus group discussion.
For your convenience on the discussion, you are not required to provide answers to all questions. You will be asked what official processes and programs are in place to manage terrorist prisoners. If you explain to me that harming the prisoners is the best way to control them, then I will stop the interview immediately and explain that this research is not related to day-to-day management techniques.
Moreover, as the research project has the approval of prison management, the focus group interview will take place during work hours and/or after hours. The focus group can take place at prison premises and/or at place convenient for you and the other participants.
PRIVACY AND CONFIDENTIALITY
All comments and responses will be treated confidentially unless required by law.
Through this research all interviews will be anonymized. Your name will not be included in the transcripts even though it will be included in the consent form. The data, recordings and transcripts will be kept securely. They will be stored in a locked cabinet on campus at QUT. Data will only be accessed by the researcher and the supervisors. Audio recording will be destroyed at the end of the research project.
CONSENT TO PARTICIPATE
We would like to ask you to sign a written consent form (enclosed) to confirm your agreement to participate.
QUESTIONS / FURTHER INFORMATION ABOUT THE PROJECT
If have any questions or require further information please contact one of the researchers listed below.
242 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice
I Gede Widhiana Suarda [email protected] +61 7 3138 4653 Professor Reece Walters [email protected] +61 7 3138 2708 Associate Professor Mark Lauch [email protected] +61 7 3138 7114
CONCERNS / COMPLAINTS REGARDING THE CONDUCT OF THE PROJECT
QUT is committed to research integrity and the ethical conduct of research projects. However, if you do have any concerns or complaints about the ethical conduct of the project you may contact the QUT Research Ethics Unit on +61 7 3138 5123 or email [email protected]. The QUT Research Ethics Unit is not connected with the research project and can facilitate a resolution to your concern in an impartial manner.
Thank you for helping with this research project. Please keep this sheet for your information.
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Appendix G
Consent Form for Participants
PARTICIPANT INFORMATION FOR QUT RESEARCH PROJECT – Focus group –
Title of the Study
QUT Ethics Approval Number 1500000642
RESEARCH TEAM CONTACTS
I Gede Widhiana Suarda [email protected] +61 7 3138 4653
Professor Reece Walters [email protected] +61 7 3138 2708 Associate Professor Mark
Lauch [email protected] +61 7 3138 7114
STATEMENT OF CONSENT By signing below, you are indicating that you: Have read and understood the information document regarding this project. Have had any questions answered to your satisfaction. Understand that if you have any additional questions you can contact the research team. Understand that you are free to withdraw at any time without comment or penalty. Understand that you can contact the Research Ethics Unit on +61 7 3138 5123 or email [email protected] if you have concerns about the ethical conduct of the project. Understand that the project will include an audio recording. Agree to participate in the project.
Name
Signature
Date
Please return this sheet to the investigator.
244 An Examination of Indonesian Prison Officers’ Experiences on Deradicalisation: Towards Better Practice