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Legal Protection for Witnesses and Victims of Crimes of Terrorism 恐怖主义犯罪证人和被害人的法律保护
Pub Date : 2022-07-31 DOI: 10.15294/ijctns.v1i2.60588
Muhammad Miftahul Umam, Ridwan Arifin
Terrorism is a form of extraordinary crime that is an enemy to mankind. Terrorism throughout history has been a very frightening specter. This is inseparable from the impact it causes, the loss is not only property, life, physical, psychological, but also creates an atmosphere of terror that grips all levels of society. Therefore, victims and witnesses of acts of terrorism must receive protection in view of these various things. As a state of law, Indonesia has established several laws and regulations governing the protection of victims of terrorism, including Law no. 15 of 2003, as amended by Law no. 5 of 2018 concerning Amendments to Law Number 15 of 2003 concerning Stipulation of Government Regulations in Lieu of Law Number 1 of 2002 concerning Eradication of Criminal Acts of Terrorism into Law, Law no. 13 of 2006, as amended by Law no. 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning the Protection of Witnesses and Victims and other regulations. With the existence of a legal footing that regulates, it is hoped that it can provide protection for witnesses and victims of acts of terrorism. In addition, various parties also play a role in the recovery of victims from acts of terrorism, including; police institutions, social services, hospitals, Kesbangpol, PMI, NGOs, LPSK, and so on. However, witnesses and victims of criminal acts of terrorism in obtaining legal protection through the above regulations are not always in line with the existing reality. This is inseparable from the existence of inhibiting factors, both in the aspect of legal substance, legal structure, and legal culture components.
恐怖主义是一种非同寻常的犯罪形式,是人类的敌人。纵观历史,恐怖主义一直是一个非常可怕的幽灵。这与它所造成的影响是分不开的,损失的不仅是财产、生命、身体、心理,而且还造成了一种笼罩社会各阶层的恐怖气氛。因此,鉴于这些不同的情况,恐怖主义行为的受害者和证人必须得到保护。作为一个法治国家,印度尼西亚制定了若干关于保护恐怖主义受害者的法律和条例,其中包括第2号法律。2003年第15号法律修订。关于修改2003年第15号法(《将2002年第1号法律取代2002年第1号法律》(《根除恐怖主义犯罪行为》)的第5号法律。由2006年第13号法律修订关于对2006年关于保护证人和受害者的第13号法律的修正案的2014年第31号法律和其他条例。有了规范的法律基础,希望它能够为恐怖主义行为的证人和受害者提供保护。此外,各方还在帮助恐怖主义行为受害者康复方面发挥作用,包括;警察机构、社会服务机构、医院、Kesbangpol、PMI、非政府组织、LPSK等等。然而,恐怖主义犯罪行为的证人和受害者通过上述规定获得法律保护并不总是符合现有的现实。这与制约因素的存在是分不开的,无论是在法律实质方面,还是在法律结构方面,还是在法律文化构成方面。
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引用次数: 0
Implementation of Pancasila Values Against the Prevention of Radicalism Movement in the Digital Age 潘卡西拉价值观的实施与数字时代激进主义运动的预防
Pub Date : 2022-07-31 DOI: 10.15294/ijctns.v1i2.59813
Hafidz Muhammad Dzidan Walid
Indonesia is a country that has extraordinary diversity, from culture to religion. Indonesia has a state basis, namely Pancasila, where every item of Pancasila has a meaning or content that must be understood by every citizen. Every Indonesian citizen is obliged to choose one religion that he adheres to. Indonesia has six religions that are mutually tolerant. However, there are some people who do not understand Pancasila so that radical movements appear. The purpose of this study is to examine the important role of Pancasila in society and to analyze the importance of understanding Pancasila values ​​in everyday life for the sake of creating tolerance among others. While this research method is a qualitative descriptive research method. The results of this study in this digital era, Indonesian people will understand the importance of Pancasila values ​​as the basis of the state that must be implemented in everyday life. Indonesian people will also have a high sense of tolerance among others and uphold the motto of Bhinneka Tunggal Ika. So that Indonesia will become a harmonious religious country without any elements of war from within, let alone religious social movements that smell elements of radicalism.
印尼是一个从文化到宗教都非常多元化的国家。印度尼西亚有一个国家基础,即Pancasila, panasila的每一个项目都有一个意义或内容,必须被每个公民理解。每一个印度尼西亚公民都有义务选择他所信奉的一种宗教。印度尼西亚有六种相互宽容的宗教。然而,也有一些人不理解Pancasila,所以出现了激进的运动。本研究的目的是考察潘卡西拉在社会中的重要作用,并分析理解潘卡西拉价值观在日常生活中的重要性,以便在他人之间建立宽容。而本研究方法是定性描述性研究方法。这项研究的结果在这个数字时代,印度尼西亚人将理解Pancasila价值观作为国家基础的重要性,必须在日常生活中实施。印度尼西亚人民也将具有高度的宽容意识,并秉持比内卡·东加尔·伊卡的座右铭。这样印尼就会成为一个和谐的宗教国家,没有任何来自内部的战争因素,更不用说带有激进主义色彩的宗教社会运动了。
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引用次数: 0
Portrait of Deradicalization in Indonesia: Has Pancasila Been Considered Effective? 印尼去极端化的写照:Pancasila被认为有效吗?
Pub Date : 2022-07-31 DOI: 10.15294/ijctns.v1i2.59814
Johan Febriansyah
In discussing this journal, we will discuss Pancasila values ​​related to deradicalization so that the understanding of radicalism in Indonesia can be reduced. Cases of radicalism in Indonesia itself have been increasing lately, this can be proven by the existence of news reports about terrorists carrying out their actions and also the number of suspected terrorists who have been arrested by the police. This happened because radicalism began to spread rapidly and many people did not apply Pancasila values ​​in the life of society, nation and state. The lack of public understanding of Pancasila values ​​and a weak attitude of nationalism has resulted in increased incidents of violence, persecution and radical acts in the name of religion. Therefore, the government must always be active in eradicating radicalism and deradicalization in order to create a harmonious, peaceful, safe and secure life in our beloved homeland.
在讨论本杂志时,我们将讨论与去激进化相关的Pancasila价值观,以便减少对印度尼西亚激进主义的理解。印度尼西亚本身的激进主义案件最近有所增加,这可以从关于恐怖分子实施其行动的新闻报道以及警察逮捕的恐怖分子嫌疑人的数目来证明。这是因为激进主义开始迅速蔓延,许多人在社会、民族和国家的生活中没有应用潘卡西拉的价值观。公众对潘卡西拉价值观缺乏了解,民族主义态度薄弱,导致以宗教名义发生的暴力、迫害和激进行为增加。因此,政府必须始终积极根除激进主义和去极端化,以便在我们深爱的祖国创造一个和谐、和平、安全、可靠的生活。
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引用次数: 1
Intelligence in Countering Hoaxes in Indonesia 印尼打击骗局的情报
Pub Date : 2022-07-31 DOI: 10.15294/ijctns.v1i2.60585
Daniel Junwaldi MP Nainggolan
This research is motivated by the existence of many potential people who are consumed by hoax information that is available on various social media that are freely circulating in cyberspace. The potential for spreading hoax information in the Salatiga area is very disturbing to the community so that appropriate efforts are needed to overcome these problems. The purpose of this study is to explain the function of gathering intelligence in preventing the spread of hoaxes ahead of the presidential election in the jurisdiction of the Salatiga Police, the mechanism for raising intelligence and explaining the factors that influence it. The knife of analysis in this research is the theory of strategic management, management theory and the concept of raising intelligence. This research was conducted with a qualitative approach with a case study research method, which was then carried out through interviews, observations and document studies and analyzed by reducing data, presenting data and verifying data. The results of this study indicate the function of gathering intelligence in preventing the spread of hoaxes ahead of the presidential election in the jurisdiction of the Salatiga Police. The intelligence-raising mechanism is implemented with planning steps, the implementation of which includes the stages of infiltration, dispersal, denial, direction, investigation of allegiances, shifts, and mergers, as well as evaluating and reporting intelligence-raising actions to the leadership. The influencing factors come from the action agents/intruders who do not have reliable capabilities evenly in the implementation of intelligence-raising actions, the limited budget for intelligence-raising operations, the lack of infrastructure facilities used for intelligence-raising operations and the lack of appropriate methods in implementing the action-raising activities. intelligence, as well as the sensitivity of the target to the actions of infiltrating agents who carry out these intelligence-raising actions. Suggestions in this study are to provide intruders with various intelligence-raising action training standards, and provide intruders with various abilities to approach the public and the ability to utilize technology that can be used for intelligence-raising actions.
这项研究的动机是,存在许多潜在的人,他们被各种社交媒体上自由传播的虚假信息所吸引。在萨拉蒂加地区传播虚假信息的可能性非常令人不安,因此需要采取适当的措施来克服这些问题。本研究的目的是解释收集情报在总统选举前在萨拉蒂加警察管辖范围内防止骗局传播的功能,提高情报的机制和解释影响它的因素。本研究的分析刀是战略管理理论、管理理论和培养智力的概念。本研究采用定性方法,采用案例研究方法,通过访谈、观察、文献研究等方法进行研究,并通过减少数据、呈现数据、验证数据等方法进行分析。这项研究的结果表明,在总统选举之前,在萨拉蒂加警察的管辖范围内,收集情报在防止骗局传播方面的作用。情报提升机制是通过计划步骤来实施的,其实施包括渗透、分散、拒绝、指导、调查忠诚、转移和合并等阶段,以及评估和向领导层报告情报提升行动。影响因素主要来自行动主体/入侵者在执行情报行动时能力不均衡、情报行动预算有限、缺乏情报行动所需的基础设施以及在执行情报活动时缺乏适当的方法。情报,以及目标对执行这些情报搜集行动的渗透特工行动的敏感度。本研究建议为入侵者提供各种情报提升行动训练标准,并提供入侵者各种接近公众的能力和利用可用于情报提升行动技术的能力。
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引用次数: 0
Radicalism Among Indonesia’s Young Generation: How to Overcome It? 印尼年轻一代的激进主义:如何克服?
Pub Date : 2022-07-31 DOI: 10.15294/ijctns.v1i2.59803
Alfi Maunah
Indonesia is a multicultural country that has diverse ethnicities, religions, and cultures so that it has a great opportunity for various understandings to enter the Indonesian state. One of them is radicalism or often referred to as radicalism. With this opportunity, radicalism will easily enter the Indonesian state if citizens do not have a strong understanding of something, especially about the morals of the Indonesian nation itself. In this case, radicalism often spreads among the younger generation. So many things need to be considered from the impact of radicalism in the future. The psychological condition of the young generation is very easy for new ideas to enter. The younger generation, especially teenagers, are the targets of radical groups because adolescence is a period that is vulnerable to being influenced by the free environment. At the time of adolescence, the younger generation will look for identity and desire to set a vision and mission for the future. Counseling guidance services. Therefore, this scientific work intends to discuss further about the dangers of radicalism.
印度尼西亚是一个多元文化的国家,拥有不同的种族、宗教和文化,因此各种理解有很大的机会进入印度尼西亚国家。其中之一是激进主义或者通常被称为激进主义。有了这个机会,如果公民对某些事情,特别是对印尼民族本身的道德没有深刻的理解,激进主义就很容易进入印尼国家。在这种情况下,激进主义往往会在年轻一代中传播。所以很多事情需要从未来激进主义的影响来考虑。年轻一代的心理状况很容易接受新思想。年轻一代,特别是青少年,是激进团体的目标,因为青春期是一个容易受到自由环境影响的时期。在青少年时期,年轻一代会寻找身份,渴望为未来设定愿景和使命。咨询指导服务。因此,这项科学工作打算进一步讨论激进主义的危险。
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引用次数: 1
The Urgency of Completing Revision of Indonesia's Anti-Terrorism Law 完成印尼反恐怖主义法修订的紧迫性
Pub Date : 2022-01-31 DOI: 10.15294/ijctns.v1i1.56721
Ridho Dwiki Tastama
On 18 October 2002, Anti-Terrorism Law was signed into law by Megawati Soekarnoputri This kind of law has caused a significant legal controversy in because this law signed only six days after the unfamous Bali Bombings took place on 12 October 2002. The Law itself had first been drafted in 2002 more precisely in April on response to the then most recent terrorist incident which opened the eyes of global citizen from the danger of terrorism, the 9/11 incident in New York 2001. From 2002, The Anti-Terrorism LAW has been used to punish and investigate those who involved in the many incidents such as the bombing of the Marriot Hotel in 2003, the Australian Embassy incident in September 2004, and the round two of Bali bombing which take place in October 2005. Since 2005 the proposed revision of the Anti-Terrorism Law getting stronger. The proposed revision mainly talks about the addition of term of arrest and detention.
2002年10月18日,《反恐怖主义法》由梅加瓦蒂·苏加诺普特里签署成为法律,这类法律引起了重大的法律争议,因为这项法律是在2002年10月12日不知名的巴厘岛爆炸事件发生6天后签署的。该法律本身最初是在2002年起草的更确切地说,是在4月对当时最近的恐怖主义事件的反应,该事件使全球公民从恐怖主义的危险中睁开了眼睛,即2001年在纽约发生的9/11事件。从2002年起,《反恐怖主义法》被用来惩罚和调查参与许多事件的人,例如2003年万豪酒店爆炸事件、2004年9月澳大利亚大使馆事件和2005年10月巴厘岛第二轮爆炸事件。自2005年以来,《反恐怖主义法》的修订提议愈演愈烈。此次修改的主要内容是增加逮捕和拘留期限。
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引用次数: 0
Law Enforcement Arrangements in Online Prostitution in Indonesian Security Context 印尼安全背景下网上卖淫的执法安排
Pub Date : 2022-01-31 DOI: 10.15294/ijctns.v1i1.56722
Lina Rosyidah Firdausa
This research is descriptive normative legal research with a statutory approach, which examines laws and regulations related to the legal issues raised and an analytical approach. the text of a statute. The type of data used is secondary data. The secondary data sources used include primary legal materials, secondary legal materials, and tertiary legal materials. The data collection technique used is the study of documents or library materials. The study of documents or library materials includes efforts to collect data by visiting libraries, reading, reviewing, and studying books, literature, articles, magazines, newspapers, scientific essays, papers, internet related to the object of research. The results of the study show that Indonesia's positive legal regulations regulate crime of pornography on the internet (cyberporn) as a cybercrime including Article 281-283 of the Criminal Code (KUHP), Law Number 8 of 1992 concerning Film, Law Number 36 of 1999 concerning Telecommunication, Article 5 paragraph 1 and Article 13 paragraph (1) letter a of Law Number 40 of 1999 concerning the Press, Article 36 paragraph (5) of Law Number 32 of 2002 concerning Broadcasting, Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law) and Law Number 44 of 2008 concerning Pornography. The regulation is considered inadequate when it comes to the current development of pornography on the internet (cyberporn), including the provision of unclear limits on pornography, the authorities to take certain actions in dealing with the problem of pornography, the threat of punishment that is too light, the lack of clarity on the parties deemed appropriate for the crime. accountable for crimes categorized as pornography, and inconsistent law enforcement.
这项研究是描述性的规范性法律研究与成文法的方法,其中审查的法律和法规有关的法律问题和分析的方法。法规文本法规的文本使用的数据类型是辅助数据。所使用的辅助数据源包括一级法律资料、二级法律资料和三级法律资料。所使用的数据收集技术是对文件或图书馆资料的研究。文献或图书馆资料的研究包括通过访问图书馆、阅读、审查和研究与研究对象相关的书籍、文学、文章、杂志、报纸、科学论文、论文、互联网来收集数据。研究结果表明,印尼的积极的法律法规规范互联网上色情犯罪(cyberporn)作为网络犯罪包括刑法281 - 283条(KUHP),法律关于电影,1992年第8法律有关电信号码36 1999,第五条第一款、第十三条(1)款信的法律数量40 1999有关媒体,第三十六条段(5)的法律数量32 2002关于广播,2008年关于信息和电子交易的第11号法律(ITE法)和2008年关于色情的第44号法律。监管是不足时的当前发展互联网上色情(cyberporn),包括提供清楚限制色情,当局采取某些行动在处理色情的问题,威胁的处罚太轻,缺乏明确双方认为合适的犯罪。对色情类犯罪负责,执法不一致。
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引用次数: 0
Hacker and the Treat for National Security: Challenges in Law Enforcement 黑客与国家安全:执法中的挑战
Pub Date : 2022-01-31 DOI: 10.15294/ijctns.v1i1.56728
Muhammad Amin Rais, Phichit Songkarn
Globalization has become the driving force behind the birth of the era of information technology development. The development of this technology is very fast and has spread to all corners of the world. The development of information technology is not only felt by developed countries but developing countries also feel the development of information technology, so that information technology gets an important position for the progress of society in this modern era. The need for computer network technology is increasing. Apart from being a medium for providing information, through the internet, commercial community activities are also the largest and growing rapidly and penetrate various national borders. Even through this network market activities in the world can be known for 24 hours. Through the world of the internet or also called cyber space, anything can be done. The positive side of this virtual world of course adds to the trend of world technology development with all forms of human creativity. However, the negative impact cannot be avoided. When pornography is rife on the internet, people can't do much. Along with the development of internet technology, causing the emergence of a crime called cyber crime or crime through the internet network or cyberspace. The emergence of several cases of cyber crime in Indonesia, such as credit card theft, hacking of several sites, tapping other people's data transmissions, such as e-mail and manipulating data by preparing unwanted commands into computer programmers. So that in computer crimes it is possible to have formal offenses and material offenses. Formal offense is the act of someone entering someone else's computer without permission, while material offense is an act that causes harm to other people. The existence of cyber crime has become a threat to stability, so it is difficult for the government to balance the techniques of crime committed with computer technology, especially in the internet network.
全球化成为信息技术发展时代诞生的原动力。这项技术的发展非常迅速,已经普及到世界的各个角落。信息技术的发展不仅为发达国家所感受,发展中国家也感受到了信息技术的发展,使得信息技术在现代社会的进步中占据了重要的地位。对计算机网络技术的需求正在增加。除了作为提供信息的媒介外,通过互联网的商业社区活动也是规模最大且增长迅速的,并渗透到各个国家的边界。即使通过这个网络,世界各地的市场活动也可以24小时了解。通过互联网或网络空间的世界,任何事情都可以做。这个虚拟世界的积极一面当然增加了世界技术发展的趋势与各种形式的人类创造力。然而,负面影响是不可避免的。当色情在互联网上泛滥时,人们无能为力。随着互联网技术的发展,导致网络犯罪或通过互联网网络或网络空间犯罪的出现。印度尼西亚出现了几起网络犯罪案件,比如信用卡盗窃,入侵几个网站,窃取他人的数据传输,比如电子邮件,以及通过向计算机程序员准备不必要的命令来操纵数据。因此,在计算机犯罪中,有可能有正式犯罪和物质犯罪。正式犯罪是某人未经允许进入他人电脑的行为,而实质性犯罪是对他人造成伤害的行为。网络犯罪的存在已经成为对社会稳定的威胁,因此政府很难在犯罪技术与计算机技术之间取得平衡,特别是在互联网网络中。
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引用次数: 1
Hoax and Fake News by Saracen Syndicate and the Problems for National Cyber Security 撒拉逊辛迪加的骗局和假新闻与国家网络安全问题
Pub Date : 2022-01-31 DOI: 10.15294/ijctns.v1i1.56732
Andre Tri Wibowo
Along with the times, information technology has taken an important role in society. Information technology not only has a positive impact but also has a negative impact, this is what then gives rise to an idiom that we often hear together, that information technology is like a double-edged knife. On the one hand, with the existence of information technology, it encourages demand for products. the technology itself, such as computers, modems, facilities to build internet networks and so on, then facilitates business transactions, especially financial businesses in addition to other businesses. But on the other hand, the use of information technology also invites crime. Cybercrime is a form of virtual crime by utilizing computer media that is connected to the internet and includes everything related to criminal acts.
随着时代的发展,信息技术在社会中扮演着重要的角色。信息技术不仅有积极的影响,也有消极的影响,这就产生了一个我们经常听到的习语,信息技术就像一把双刃刀。一方面,信息技术的存在鼓励了对产品的需求。技术本身,如计算机、调制解调器、建立互联网网络的设施等,促进了商业交易,特别是金融业务。但另一方面,信息技术的使用也会引发犯罪。网络犯罪是一种利用连接到互联网的计算机媒体进行的虚拟犯罪,包括与犯罪行为有关的一切。
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引用次数: 1
Hoax and Provocative Contents by Muslim Cyber Army (MCA) and Its Enforcement in Indonesia 穆斯林网络军(MCA)的恶作剧和挑衅内容及其在印度尼西亚的执行
Pub Date : 2022-01-31 DOI: 10.15294/ijctns.v1i1.56729
Nungki Wahyuni, Dinh Mai Nguyet
advances in technology and communication does not only have a positive impact on society. It is undeniable that the negative impact always lurks the people who take advantage of these advances. One of the negative impacts that arise is the existence of crimes that occur in cyberspace or cyber crime or commonly known as cybercrime. Recently, Indonesia was faced with one of these forms of cybercrime, namely an organization calling itself the Muslim Cyber Army. The motives of the actions and the impacts left by the existence of the Muslim Cyber Army can be identified and studied further by looking at the laws and regulations in Indonesia and their relationship with one of the fields of legal study, namely Law and Technology.
技术和通讯的进步不仅对社会有积极的影响。不可否认的是,负面影响总是潜伏在利用这些进步的人身上。产生的负面影响之一是发生在网络空间或网络犯罪或通常被称为网络犯罪的犯罪的存在。最近,印度尼西亚面临着其中一种形式的网络犯罪,即一个自称为穆斯林网络军的组织。通过观察印度尼西亚的法律法规及其与法律研究领域之一的关系,即法律与技术,可以进一步确定和研究穆斯林网络军队存在的行动动机和影响。
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引用次数: 0
期刊
Indonesian Journal of Counter Terrorism and National Security
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