ISLAMIC FANATISM AND TERRORISM CASES IN INDONESIA THE PERSPECTIVE OF ISLAMIC CRIMINAL LAW

Acts of terrorism are often associated with Islamic teachings, which lead to a bad stigma against Islam. Cases of terrorism in Indonesia occur almost every year, which the shocking case of terrorism is the Bali bombing which killed 202 foreigners. The research aimed to analyze the problems of Islamic fanaticism and terrorism in Indonesia from the perspective of Islamic criminal law. The research used descriptive analysis, with the type of normative juridical research. The approach was historical and conceptual. The study showed that acts of terrorism defending Islam cannot be justified because terrorism has political intentions. Islam is a religion of raḥmatan lil ‘Ālamīn which loves good and hates evil. The government’s efforts to mitigate acts of terrorism in Indonesia are by making preventive efforts in the form of legal protection for someone suspected of adhering to terrorist radicalism. Prevention efforts are intended for, national preparedness, counter-radicalization, deradicalization, and fostering religious insight. In addition, the efforts made are by giving the role of society and mass organizations to perform moral movements.


Introduction
Terrorism has been a tool used by dissidents (anarchists) since the early 20th century, which also started the First World War with the assassination of the noble Ferdinand in Sarajevo. The terrorism has found a new place in the world due to the cold war, the Commonwealth of Nations division, and the mass media's spread. Terrorism has become a tactic to gain attention, and followers and challenge existing governments. 1 Terrorism evolved because of a need to influence observers, a need to survive, and a need to punish those who do not follow their ideology. 2 The most As for the novelty of this article, the researchers found several written papers/journal articles that also research on Islam and terrorism. These studies include Dede Rodin,6 Zuly Qodir,7 Baidhowi,8 Fitri Wahyuni,9 and Asmawi. 10 Of the studies, some differences occurs, such as the title or theme raised by the author and the subject matter in each article. Almost none are similar in terms of the title and the theme raised. Therefore, this research is new, and its validity can be accounted for.
The research aimed to analyze the problems of Islamic fanaticism and terrorism in Indonesia from the perspective of Islamic criminal law.

Method
The research method used a descriptive analysis with the type of normative juridical research. 11 Descriptive research will provide clear answers about Islamic fanaticism and terrorism cases from Indonesia's perspective of Islamic criminal law.
The approach used a conceptual and a historical 12 because this research examines the background and development of terrorism cases in Indonesia, and seeks answers to the causes of the development of criminal acts of terrorism in Indonesia. 13 Sources of data were obtained from primary and secondary legal materials. Data collection techniques were carried out by conducting in-depth document studies by reading, listening, and understanding various literacy and conducting online-searches on the internet related to the particular research. The data analysis method used a prescriptive analysis, namely by providing arguments for the results of the research and assessments and input on the phenomena of what the government should legally do. 14

The International and United Nations Views on Terrorism Cases in Indonesia
The experts' opinions have put forward the definition of terrorism cases, such as proposed by the United Nations convention in 1937, namely, terrorism is all forms of crime directed at the state that intends to create a form of terror against certain people or groups of people at large. Meanwhile, according to the US Department of Defence 1990, terrorism is an unlawful act that contains threats accompanied by violence or coercion against individuals or groups to coerce or intimidate the government or society for political, religious, and physiological purposes. Terrorism can be regarded as a transnational crime, is organized, and has a wide network to threaten national and  The rise of acts of terrorism using violence, such as suicide (suicide bombing), uses jihad as a justification based on a theological reason. However, the understanding of jihad used by the perpetrators of terrorism does not guarantee that it is following the true meaning contained in the teachings of Islam that brings peace to this earth. The fact that has occurred in Indonesia is, there are deviations understanding of jihad that start from being misunderstood and then mis-used by a group of people to legalize violence in perform their actions. This deviation from the meaning of jihad has also made the orientalists to view Islam as a militant religion. Its adherents are seen as fanatical soldiers who spread religion and its laws using the force of arms. The jihad is supposed to be identified with acts of terrorism. In that case, it is not true if a Muslim fights jihad in the name of religion and commits violence or kills others in the name of religion for no reason is justified in Islamic Law. Discussing the Bali Bombing case, for example, the bombings carried out by Amrozi and friends were merely revenge and anger against America and its allies. They oppressed Muslim fighters in Palestine, Afghanistan, and others. The bombing carried out by Amrozi and friends was not in the name of Islam. 22 Furthermore, MUI (Majelis Ulama Indonesia or Indonesian Ulema Council) stated that suicide bombings in a peaceful country, such as Indonesia are unlawful because they are a form of desperation (al ya'su) and harm oneself and others (ihlak an-nafs). In addition to the MUI, the Ahlussunnah clerics and several scientific experts in the country have highlighted the issue of terrorism, both in Indonesia and foreign countries, regarding the Law on suicide bombing or some groups in the movement call istiyshād or martyrdom bombing. They concluded that the martyrdom bombings on the battlefields had controversial values among scholars. Some consider it haram, but others allow it when it brings huge benefits, such as the entry of many people into Allah's religion with this action (embrace Islam). Others stipulate the condition that the enemy must be killed, and the perpetrators who break through the death are likely to stay alive. In essence, it is still controversial. However, the Ahlussunnah clerics exclude a bombing model, that is 21

Efforts to Settle Indonesian Criminal Terrorism Crimes
As mentioned in the previous section, terrorism has long threatened Indonesia. As Wilkinson argues, terrorism is not insurgency, guerrilla warfare, or political violence.
Terrorism, objectively, is better defined as a specific method of armed resistance used alone or as part of a larger campaign of armed resistance. For various reasons, terrorism was chosen as a method of resistance against the state by some resistance groups in Indonesia. Dealing with and preventing terrorism is not only done by suppressing the views of others or increasing the budget for the weapons of the anti-terrorism forces by providing the latest equipment. On the other hand, the government and all elements of Indonesian society must find the causes and respond to them objectively. The The provisions of Article 43A of the revision of the Criminal Act on Terrorism state that the government makes efforts to prevent the Crime of Terrorism based on the principle of protecting human rights and the principle of prudence. In carrying out these prevention efforts, BNPT (The National Counter Terrorism Agency) must always be prudent in providing legal protection for the rights of individuals or groups suspected of being exposed to terrorist radicalism. This precaution must also have a measure and standard for protecting human rights. This is intended so that prevention efforts do not give birth to new victims and stigma against individuals and groups of people who exposed to radicalism.
For this prevention, the Amendment Law has provided clear and detailed guidelines. The amendment law states that prevention efforts are carried out through national preparedness, counter-radicalization, and deradicalization. The aims and objectives of the prevention efforts are, first, national preparedness. Prevention efforts through national preparedness are a condition of being ready to anticipate the criminal acts of terrorism through a planned, integrated, systematic, and sustainable process.
National preparedness activities are carried out through community empowerment, increasing the capacity of the apparatus, protecting and improving infrastructure, developing studies on terrorism, and mapping areas prone to radicalism. Second, 27 Muhammad Zulfikar and Aminah, "Peran Badan Nasional Penanggulangan Terorisme Dalam Pemberantasan Teorisme Di Indonesia," Jurnal Pembangunan Hukum Indonesia 2, no. 1 (2020): 129-144, https://doi.org/10.14710/jphi.v2i1.129-144. counter radicalization. Prevention efforts through counter-radicalization are a planned, integrated, systematic, and continuous process that is carried out against people or groups of people who are vulnerable to being exposed to radical ideas of terrorism, which are intended to stop the spread of radical ideas of terrorism. This counterradicalization activity is carried out directly or indirectly through counter-narrative, counter-propaganda, or counter-ideological. A counter-radicalization strategy aimed at supporting groups, sympathizers, and the public by carrying out preventive activities, which include surveillance activities against people, firearms, counter-propaganda activities, vigilance activities, and protection activities for vital objects transportation, VVIP as well as the environment and public facilities. Third, deradicalization.
Deradicalization efforts are a planned, integrated, systematic, and continuous process that is carried out to eliminate or reduce and reverse the radical understanding of terrorism to whom has been exposed to radical notions of terrorism. Deradicalization efforts can no longer be made casually. The amendment law regulates that deradicalization efforts are carried out in several stages, including the identification and assessment, rehabilitation, re-education, and social reintegration. Furthermore, the deradicalization program is also explicitly regulated in three models: fostering national insight, religious insight, and entrepreneurship. 28 According to Golose, without neglecting the hard-line approach to solving the problem of terrorism at its roots. Therefore, countering terrorist acts in Indonesia is done through deradicalization, which is the realization of a general approach, known as the soft-line approach. The purpose of punishment in eradicating terrorism is necessary to eradicate the radical thinking of the perpetrators by applying the deradicalization. 29 Deradicalization is detecting early, preventing early, and targeting various potential layers with various forms and variants relevant to each target group. The Counter-Terrorism Implementation Task Force (CTITF) sees deradicalization as a policy aimed at people who have influenced and exposed radical ideas. This is intended these people can re-integrate into society or, at least, reduce their intentions so that they deradicalization as an effort to deal with radical groups to become non-radical, which is intended for those already involved in terrorist activities.
In deradicalization, efforts to change the radical thinking of terrorist actors are carried out through rehabilitation. Rehabilitation theory states that the imposition of punishment on criminals is not only seen as compensation for harmful acts or deterrence but also for certain uses. Crime is a symptom of mental disharmony or personal imbalance that requires psychiatric therapy, counselling, and motivation to perform spiritual practices. Petrus Reinhard Golose stated that the deradicalization of terrorism efforts carried out in Indonesia to overcome the limitations of rehabilitation terminology, namely reorientation of motivation and re-education due to improving motivation in terrorists and their sympathizers and society, in general, are very vital. 30

Conclusion
Terrorism is all forms of crime directed at the state to create a form of terror against certain people or a broad group of people. Terrorism can be regarded as a transnational crime, is organized, and has a wide network to threaten national and international peace and security. From the perspective of Islamic Criminal law, acts of terrorist acts are very far from Islamic teachings. Islam does not teach acts of extremism such as murder, destruction, and persecution. Islam strongly opposes actions that cause harm. The accusation against Islam as the root of terrorist teachings is not true because, in the Qur'an, it is clearly explained in QS Al-Anbiya verses 13 and 07 and QS Al-Maidah verse 32, which essentially commands his people to do good. Cases of acts of terrorism in Indonesia almost always occur every year, so the government has made several efforts to overcome them. Efforts are being made, namely prevention efforts by providing legal protection for the rights of individuals or groups of people suspected of being exposed to terrorist radicalism. Prevention efforts are intended for national preparedness, counter-radicalization, and deradicalization by fostering national insight, religious insight, and entrepreneurship. In addition, efforts are made to give the role of the community and mass organizations, namely carrying out a moral movement where the community must make convicts not experience alienation so that they can return to behaving toward the people around them or Islamic beliefs.