Prosecution of Terrorism Financing in Indonesia

Abstract

Terrorism is a crime that is always accompanied by funding, this is the basis for the drafting of Law of the Republic of Indonesia Number 9 of 2013 concerning the Prevention and Eradication of Terrorism Financing Crimes. In the process of law enforcement for criminal acts of terrorism, the qualification of terrorism financing is different from ordinary terrorism crimes as regulated by Law Number 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 Combating Criminal Acts of Terrorism Becomes Law and in judicial practice, there is often bias in the prosecution of terrorism financing cases. This paper aims to explain the definition and offense of terrorism financing in Indonesia, prosecution of terrorism financing criminal cases in Indonesia, and the specificities of the Terrorism Financing Law in Indonesia. This research method is a normative method the data source comes from the Directorate of Terrorism and Transnational Crime of the Attorney General's Office of the Republic of Indonesia, which has the task of prosecuting terrorism financing cases throughout Indonesiathe data is processed with the interpretation of the pattern of handling terrorism financing cases based on the practice of prosecution with a comparison of terrorism law and terrorism financing.The terrorism financing case is a separate case from the terrorism crime case. Article 4 of the Terrorism Financing Law is the main offense and the modus operandi of terrorism financing can be either manual or electronic. The main penalties for financing terrorism are imprisonment and fines and additional penalties for corporations in financing terrorism. Then terrorism financing crimes are also exempted from political crimes and there is international cooperation in handling terrorism financing cases.