A Comprehensive Examination of International and National Approaches to Counterterrorism: Emphasis on the Indonesian Context

Abstract

Purpose: This research explores the extent to which national laws can respond effectively to local dynamics and how these legal frameworks adapt to changing threats of terrorism. This research examines how the justice system handles terrorism cases, taking into account justice and security. An in-depth analysis of the sentences given to perpetrators of terrorism and the judicial processes carried out will provide insight into the extent to which justice is upheld in the handling of terrorism cases.   Theoretical framework: The theoretical framework of this research is divided into several main dimensions which include the role of international law, national law, and the legal system in responding to the threat of terrorism. This analysis is expected to provide in-depth and comprehensive insight into the effectiveness of legal approaches in the context of preventing and countering terrorism.   Design/methodology/approach: This research comprehensively investigates the crucial role of international and national law, as well as related legal systems, in efforts to prevent, overcome, and enforce the law against terrorism, with a special emphasis on the Indonesian context. Using a normative approach supported by empirical data, this research outlines the effectiveness of this legal approach, provides in-depth insight into its complexity, and reveals that international law plays a central role in responding to the threat of global terrorism.   Findings: The balance between strict sanctions and a fair judicial process is recognized as a crucial element, while Law no. 9 of 2013 concerning Prevention and Eradication of Criminal Acts of Terrorist Financing is considered a significant instrument in tackling terrorist financing. This research also emphasizes the importance of maintaining a balance between security and human rights to ensure that law enforcement actions remain in line with human rights principles.   Research, Practical & Social implications: Theoretical implications include an emphasis on the importance of striking a balance between strict punishment and a fair trial process. This could provide new insights into developing a theory of terrorism punishment that respects individual rights and principles of justice. The practical implications of this research include the potential influence on the formulation of terrorism prevention policies at the national level. Further understanding of the effectiveness of legal instruments, such as anti-terrorism laws, can assist law enforcement and policymakers in decision-making.   Originality/value: This research provides a valuable contribution to understanding the complexity of legal approaches in dealing with terrorism, highlighting challenges, successes, and lessons for improving legal policy and practice in the future. It also offers critical insight into the dynamics of international and national law in handling terrorism in Indonesia.