The state responsibility in law enforcement against transnational terrorism crimes in Indonesia

Terrorist groups such as the East Indonesia Mujahideen, Jamaah Ansharut Daulah and Jamaah Ansharut carry the potential for transnational terrorism in Indonesia as they are affiliated with international terrorist networks, such as ISIS (Islamic State of Iraq and as-Sham), Al Qaeda, or the Taliban. For this reason, Indonesia is one of the countries in Southeast Asia targeted by terrorist attacks. As a result, in the eyes of the international community, the terrorism movement in Indonesia is increasingly dangerous and almost always linked to overseas radical Islam groups. Coupled with widespread use of websites for terrorism propaganda, the crime of terrorism is not merely intranational but a transnational terrorism crime that is cross-border, becoming a global threat to humanity with a tremendous impact on all aspects of people's lives around the world. In an effort to combat terrorism crimes, the Government of Indonesia has updated the Law on the Eradication of Criminal Acts of Terrorism, most recently with 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 Eradication of Criminal Acts of Terrorism.. The eradication of terrorism in the law is expected to become a legal instrument for law enforcement, as well as the implementation of state responsibility for the protection of state sovereignty and the human rights of citizens of the Republic of Indonesia.This study is aimed to analyze the state responsibility in law enforcement against transnational terrorism crimes. In that context, this study is normative juridical research using a statutory approach. This study specification is descriptive-analytical. The data collected were then analyzed in a qualitative normative manner. The results of this study show that in law enforcement against transnational terrorism crimes, the punishment focuses more on the theory of retaliation focusing on arrests, detentions and punishments of terrorists, not on the efforts to integrate retributive theory with relative theory with three main objectives of punishment, namely "preventive, deterrence, and reformative" based on the "rule of law" and " legality" principles. For this reason, in the state responsibility in law enforcement against transnational terrorism crimes, it is necessary to have legal harmonization between national and international laws to prevent the state from being predicated as a state of wrongful acts.