Bab VI merupakan bab Penutup yang berisi simpulan, saran dan implikasi penelitian baik secara teoritis maupun secara praktis
J. Writing Systematics
Chapter I Introduction ; In general, Chapter I consists of the background of the problem, the formulation of the problem, the purpose of the study, the usefulness of the research, the conceptual framework of the theoretical framework, the research method, the originality of the research and the systematic writing;
Chapter II Literature Review or description of theoretical studies; contains concepts, theories, literature studies related to the discussion of problems.
Chapter III, is a chapter that contains the first problem, which is to describe and describe the implementation of policies to combat terrorism in Indonesia today.
Chapter IV is a chapter that contains the second problem. Namely elaborating on: Weaknesses in implementing Terrorism Act Countermeasures Policy in Indonesia by using a knife analysis (perspective) of the values of Islamic law and human rights; forms of criminal acts of terrorism in Indonesia,
Chapter V is a chapter that contains a third problem, Reconstruction of policies to combat terrorism in Indonesia based on the values of Islamic law and human rights;
Chapter VI is a concluding chapter that contains conclusions, suggestions and research implications both theoretically and practically.
Purification
B.1 Counter Terrorism Policy in Indonesia
During the Old Order era, policies and strategies to counter terrorism were implemented using a security approach through military operations on the basis of the Subversive Law. Likewise, during the New Order era it was also based on the Subversive Law with more emphasis on intelligence operations.
In the era of reform, democratization, freedom and human rights perspectives in various sectors have also influenced terrorism prevention policies and strategies that prioritize aspects of law enforcement such as the birth of Law Number 5 of 2018 concerning changes to Law Number 15 of 2003 concerning Eradication of Acts Criminal Terrorism. In further developments in 2010 the government issued Presidential Regulation No. 46 of 2010 concerning the establishment of the National Counterterrorism Agency (BNPT) which in 2012 was amended by Presidential Regulation No. 12 of 2012. The establishment of the BNPT is a state policy in carrying out terrorism in Indonesia as the development of the Terrorism Eradication Coordination Desk (DKPT) made in 2002 which is
regulated in the 1945 Constitution in Chapter III Article 4 paragraph 1, whose task is to: National policies, strategies and programs in the field of response, namely:
"Where so that no one is agitated by terrorism networks. Where in the national government program makes a prevention in the form of policies and action strategies with a violent approach, this strategy has been carried out by Detachment 88 and succeeded in uncovering and capturing various tragedies of terror in the country. However, this strategy was not enough. Another strategy is needed, a soft approach through deradicalization and anti-radicalization. In simple terms, de-radicalization can be interpreted as an effort to handle radical groups so that they are not radical. This effort is intended for those who have been involved in terrorism activities, radical organizations, and the general public so as not to be exposed to a ideology of radicalism and terrorism ".
In the national policy BNPT is a leading sector that is authorized to compile and make policies and strategies and to become a coordinator in the field of combating terrorism. Led by a head, BNPT has three policies in the area of prevention of protection and deradicalization, the field of enforcement and capacity building and the field of international cooperation. In carrying out its policies and strategies, BNPT runs a holistic approach from upstream to downstream. Resolving terrorism is not only completed by law enforcement and enforcement (hard power) but most importantly touches the head of the problem with prevention efforts (soft power).
In the area of prevention, BNPT uses the first two strategies, counter-radicalization, namely efforts to instill Indonesian values and non-violent values.
In the process this strategy is carried out through both formal and non-formal education. Counter-radicalization is directed at the general public through collaboration with religious leaders, educational leaders, community leaders, traditional leaders, youth leaders and other stakeholders in providing national values.
The second strategy is deradicalization. The field of deradicalization is aimed at sympathizers, supporters, nucleus and militants carried out both inside and outside prison. The purpose of deradicalization is that; core groups, sympathetic militants and supporters abandoned the methods of violence and terror in fighting for their mission and moderate their radical ideas in line with the spirit of moderate Islamic groups and in line with national missions that strengthened the Republic of Indonesia.
B.2 Terrorism In the view of MUI
The Indonesian Ulema Council distinguishes between terrorism and jihad in aspects relating to the nature, objectives and operations (actions). First, in terms of its nature, terrorism always causes damage (ifshad) and anarchists or chaos (faudha) that have a significant impact on society whether morally and material.
While Jihad is making efforts towards improvement (islah) even in the form of war. Therefore, the war carried out in the context of the application of jihad
emphasizes the benefit of the people and minimizes damage to facilities and infrastructure as well as the environment in the areas targeted for war.
Second, in terms of its objectives, terrorism has the characteristics of creating and arousing panic in society and government. On the contrary, jihad simply seeks to uphold the religion of God and protect it from various interventions of those who want to discredit, tarnish and maybe even destroy the religion. Jihad also has a mission to defend the rights of individuals and communities that are oppressed, discriminated against and oppressed by dominant groups or imperialists.
Third, in terms of the action (operationalization), acts of terrorism violence are usually carried out without considering the rules of normative values and do not have a clear mission and target about the object or target of the attack. Unlike the case with operational jihad, which contains rules and principles of warfare, among them the target of the attack must be clear, namely to be intimidated against the enemy that attacks, so that it can avoid victims from groups who have the right to protect security among others, civilians and non-combatants, women, children children, priests and seniors (elderly people).
In this case the Indonesian Ulema Council, in its decision or fatwa Number 3 of 2004 expressly forbids the acts of terrorism, whether committed by individuals, groups or countries because there are striking differences between terrorism and jihad. Terrorism is destructive and anarchist, its purpose is to create fear and destroy others. And done without rules and targets without limits, while
jihad is to make improvements (islah) even by means of war aimed at upholding the religion of God and defending the rights of those who are judged and carried out by following the rules set by the Shari'ah with clear enemy targets.
As for the basis or legal basis of the Indonesian Ulema Council in the fatwa on the prohibition of acts of terrorism is the Qur'an (QS Al Maidah, 5:33, Qs Al Hajj, 22: 39-40, QS Al Anfal, 8:60, QS An Nisaa ' , 4: 29-30, QS Al Maidah, 5:32, QS Al Baqarah, 2: 125), Hadith of the Prophet, and qa'idah fiqhiyah.
B.3. Regulations of Terrorism in International Law and National Law
The following conventions have been completed by the UN General Assembly:
Convention on Offense and Certain Acts Committed on Board Aircraft (1963) (Convention on Violations and Other Specific Actions committed on an Airplane);
Convention for the Suppresion of Unlawful Seizure of Aircraft (1970) (Convention on the Eradication of Aircraft Control Against the Law);
Convention for the Suppresion of Unlawful Acts Againts the Safett of Civil Aviation (1971) (Convention on the Eradication of Unlawful Acts Threatening Civil Aviation Security);
Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents (New
York, 1973) (Convention on the Prevention and Punishment of Crimes Against People Internationally protected including Diplomatic Agents);
C. Reconstruction of Terrorism Action Countermeasures Policy based on the