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Musamus Law Review MUSAMUS LAW REVIEW Volume 2 Issue 1, October 2019 Faculty of Law, Musamus University, Merauke, Papua, Indonesia ISSN Online: 2621-959X, ISSN Print: 2621-9581 This work is licensed under a Creative Commons Attribution 4.0 International License. The Urgency of Radicalism Regulation in Legal Norms in Indonesia Lisa Mery1 1 Faculty of Law, East Indonesia University, Makassar-Indonesia, [email protected] ABSTRACT ARTICLE INFO Radicalism is a serious threat to countries in the world, Indonesia as Keywords: a country that has a large area and a population that has increased Radicalism; Urgency; the potential threat of understanding derived from radical ideology Element Identification. (negative), to show the efforts made by the Indonesian government in anticipating radicalism in the country then This article lightly How to cite: discusses the urgency of anticipating the threat of radicalism into the Mery, L., (2019). The rule of law and identifying the elements of radicalism to enter into a Urgency of Radicalism classification of crime that is different from terrorism. This research Regulation in Legal Norms method uses a literature study that qualitatively seeks to analyze the in Indonesia. Musamus phenomenon of rising tendencies of radicalism in Indonesia and Law Review, 2(1), 1-11 explains the urgency of regulating radicalism into a legal norm. Discussion and analysis of research shows that radicalism is very important (urgent) to be anticipated in a rule of law so that although there are already specific rules in Law No.5 of 2017 concerning terrorism, radicalism also has urgency to be regulated by looking at elements of the pattern of crime development that different from terrorism as a crime that is more clearly characterized by actual. The results of the identification of elements of radicalism show different tendencies with more significant indicators of radicalism before the onset of terrorism. Copyright © 2018 MuLaRev. All rights reserved. 1. INTRODUCTION After the reformation of the information flow and the technological vortex had an impact on the Indonesian state whose citizens experienced a euphoria of freedom, both delivering positive and negative ideas. Identifying positive facts certainly makes a growing impact for both the nation and state, not so with negative facts related to the tendency of rising factors of radicalism, this phenomenon is increasingly felt even though it is not a new fact. The development of IT (Information Technologie) opened a taboo partition that had been controlled by the Indonesian government during the New Order era. Radicalism from various sides deserves serious attention, this makes the world countries work 1 Lisa Mery together to prevent and overcome the seeds of threats that come from various points of the country, for example in Indonesia there have been several bomb threats that have delivered messages of terror to several intended because of political differences, the Bali Bombing I terror on 12 October 2002 with 202 dead, JW Marriot bombing on 5 August 2003 killed 14 people including perpetrators, the Australian Embassy Bombing on 9 September 2004 killed 9 people and 180 people injured, the Bali Bomb II on October 1, 2005 killed 23 people, the JW Marriot bombing and the Ritz Carlton that occurred with a difference of five minutes resulted in 9 people killed and 53 injured, suicide bombing at the Az Dzikra Mapolrestas mosque in Cirebon on 15 April 2011 killed 25 perpetrators and wounded 25 people, Sarinah bomb, Jakarta on January 14, 2016, 5 perpetrators and 2 war three civilians were killed and several residents injured, the Solo Mapolresta Bomb on July 5, 2016 killed the perpetrator and injured a police officer, a suicide bombing around the Kampung Melayu Terminal on May 24, 2017 killed the perpetrator and 3 police officers and injured 11 people, the Surabaya Bomb and Sidoarjo suicide bombings in three churches in Surabaya, East Java on May 13, 2018 the bomb exploded in the morning at 07.00 WIB and at 21.00 WIB killed 17 people, and finally on May 14, 2018 there was a suicide bombing at Surabaya Mapolresta at 08.50 WIB five people who are one family, four people were declared dead on the spot and one managed to escape death, suspicion, and punishment have been handed down to several individuals, networks and groups that move efforts to disrupt the stability of the nation and state. The development of radicalism that led to terrorism is not only symptomatic in Indonesia, various countries of the world have also experienced bomb terror and the magnitude of the influence of global radicalism that has attracted global vigilance to actively engage in increasing internal security and international cooperation to take concrete steps, both at national and international levels by taking all kinds of defense and security lines. This condition is truly astonishing, especially now that Indonesia actually has a National Human Rights Commission and a Human Rights Court that has long worked.1 These incidents require deeper analysis to encourage research into the concrete urgency of a rule of law. Based on the background of the above description, the problem is formulated that can be studied and analyzed about the urgency of anticipating the threat of radicalism into the rule of law and identifying the elements of radicalism to enter into a classification of crime that is different from terrorism. 2. METHOD This research is research that uses qualitative research methods. The research method used is Normative Research which is researching and analyzing legal rules2, where the law is conceptualized as a norm or rule that is used as a basis for anticipating the 1 Imanuel Marthen Dumais, Muhadar Muhadar, Marwati Riza. (2018). The Right of Suspects to Obtain Legal Aid in Criminal Investigation. Musamus Law Review, 1(1), 53-62. https://doi.org/10.35724/mularev.v1i1.736 pp. 54 2 Julianto Jover Jotam Kalalo, Chyntia Novita Kalalo. (2018). Legal Protection Against Health Workers in Taking First Aid Medical Measures. Musamus Law Review, 1(1), 40-52. https://doi.org/10.35724/mularev.v1i1.1076 pp.42 2 Musamus Law Review. 2(1): 1-11 tendency of serious crimes against humanity. Sources of normative legal research in the form of secondary data, taking primary legal materials, secondary legal materials and tertiary legal materials.3 The author uses several approaches, namely: Approach to legislation (statute approach), conceptual approach (conceptual approach), case approach (case approach). The source of legal material used in this study is primary legal material and secondary legal material.4 Secondary data sourced from official documents, books, research results in the form of reports, diaries, and so on in the form of documents.5 3. RESULTS AND DISCUSSION 3.1. The Urgency of Anticipating the Threat of Radicalism The state in organizing the life of the nation and the nation faces threats originating from within the country and outside the country. The threat is seen from two dimensions, the real threat, and the non-real threat, for example, the threat of open war involving countries. The real threat comes in the form of the usual types of threats in the form of acts of terror (terrorism), disruption from armed uprisings, natural disasters, epidemics and abuse of narcotics and psychotropic substances. Some of these threats already have concrete norms in the regulation of national law. While radicalism, which in the last five years has increasingly shown its critical momentum, is evidenced by several analyzes from legal experts, intelligence and headlines in various mass media, it has not become a concern for more serious anticipation. Humans are the most perfect creatures and given the noblest position before God Almighty, human beings are equipped with physical and mental perfection and grace in the form of thoughts and reason so that they can distinguish between good and bad this is the ideal concept of humans.6 Radicalism is born from various things that accumulate so that it grows into anarchists. Radicalism has become a joint issue with world countries because since the Arab Spring has been mobilized by violent groups there have been various political and humanitarian crises since 2011 which destroyed many Middle Eastern countries, namely Libya, Tunisia, Egypt, Yemen, and Syria. The success of pro-violence groups in the Middle East has inspired groups that carry radicalism in other countries in various parts of the world. The radical network of pro- violence is active in Asia, Europe, Africa, America and Australia, radical groups have a Utopian desire to "establish a Khilafah in all corners of the world." The Syrian crisis pattern was replicated by radical groups in Indonesia. Networks of radical groups in Indonesia are connected with Syrian crisis actors. For example, at the headquarters of Al Qaida (Jaysh Al Islam), one of the terrorist groups in Aleppo, Syria, was found to be a shipment from one of the non- 3 Amiruddin & H. Zainal Asikin. (2006). Pengantar Metode Penelitian Hukum. Jakarta: PT Raja Grafindo Persada. pp. 167-168 4 Yusdar, Y. (2019). Accessibility of Persons with Disabilities in Realizing Elections with Integrity. Musamus Law Review, 1(2), 105-114. https://doi.org/10.35724/mularev.v1i2.1198 pp.108 5 Soerjono Soekanto. (1986). Pengantar Penelitian Hukum. Jakarta: UI Perss. pp. 22 6 Arhjayati Rahim. (2019). Diversion in the Form of Protection of Human Rights. Musamus Law Review, 1(2), 87-94. https://doi.org/10.35724/mularev.v1i2.1126 pp. 89 3 Lisa Mery governmental organizations in Indonesia, and a label that said IHR (Indonesian Humanitarian Relief) was found, this shipment brought a question mark of correlation between Syrian sectarian radical groups and NGOs in Indonesia, is there really connectivity? The flow of funds from Bachtiar Nasir was in the form of a slip of transfer evidence to Turkey from the Justice Foundation for all, bringing international media claims to have links with ISIS.7 In addition to the aid of goods and also the flow of funds for terror groups in Syria, intentionally or unintentionally it should increase awareness of the vulnerability of the transnational movement to influence groups or organizations in a sovereign state.
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