Pre-Crime Counterterrorism Measures and the Limits of Criminal Law: A Study of the Development of Indonesian Anti-Terrorism Legislations
by Dr Amira Paripurna Airlangga University
Chairperson: Dr Cheah Wui Ling NUS Law
15 April 2019 (Monday) 12pm to 1pm
Lee Sheridan Conference Room, Eu Tong Sen Building NUS Law (Bukit Timah Campus)
ABSTRACT
As the threat posed by serious (organized) crime and terrorism remains very high, governments keep developing new legislative policies and seek new types of measures that could be applied against these types of crimes. This study addresses such relatively new type of measures, for example, measures which seem to fit somewhere in between prevention and repression. These measures include travel bans (e.g. through passport revocation), expulsion orders, entry bans, control orders. This paper will also address the existence of pre-inchoate offences as vertical extension of criminal law beyond the traditional inchoate offences of attempt, conspiracy and incitement, for example: glorifying terrorism, disseminating a terrorist publication recklessly as to whether it encourages terrorism, engaging in any conduct in preparation for giving effect to an intention to commit acts of terrorism, crimes of possession and crimes of membership of organizations.
This paper will look at preventive justice policies and examine the legal aspect of the preventive justice to Indonesian substantive and criminal procedural law. This paper addresses challenges flowing from the increasing use of these preventive justice measures against terrorism and serious (organized) crimes. Whether these preventive offences are inherently incompatible with the rule of law and to what extend the preventive criminalization should be limited?
The focus of this study is on the law of Indonesia, but comparison with other jurisdictions are made. The comparative approach will be used in order to assist the examination of the principled limits of preventive measures.
by Dr Amira Paripurna Airlangga University
Chairperson: Dr Cheah Wui Ling NUS Law
15 April 2019 (Monday) 12pm to 1pm
Lee Sheridan Conference Room, Eu Tong Sen Building NUS Law (Bukit Timah Campus)
ABSTRACT
As the threat posed by serious (organized) crime and terrorism remains very high, governments keep developing new legislative policies and seek new types of measures that could be applied against these types of crimes. This study addresses such relatively new type of measures, for example, measures which seem to fit somewhere in between prevention and repression. These measures include travel bans (e.g. through passport revocation), expulsion orders, entry bans, control orders. This paper will also address the existence of pre-inchoate offences as vertical extension of criminal law beyond the traditional inchoate offences of attempt, conspiracy and incitement, for example: glorifying terrorism, disseminating a terrorist publication recklessly as to whether it encourages terrorism, engaging in any conduct in preparation for giving effect to an intention to commit acts of terrorism, crimes of possession and crimes of membership of organizations.
This paper will look at preventive justice policies and examine the legal aspect of the preventive justice to Indonesian substantive and criminal procedural law. This paper addresses challenges flowing from the increasing use of these preventive justice measures against terrorism and serious (organized) crimes. Whether these preventive offences are inherently incompatible with the rule of law and to what extend the preventive criminalization should be limited?
The focus of this study is on the law of Indonesia, but comparison with other jurisdictions are made. The comparative approach will be used in order to assist the examination of the principled limits of preventive measures.
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