Terrorism Convictions in Indonesia: An Analysis of Sentencing Disparity and Contributing Legal Factors

To respond to the growing threat of terrorism, Indonesia has chosen the criminal justice model to combat terrorism. Since the enforcement of the Anti-Terrorism Law in 2002, however, studies on the punishment of terrorist offenders are still limited. There has been no research that has attempted to i...

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Bibliographic Details
Authors: Maulana, Iwa (Author) ; Indriana, Dewi (Author) ; Putri, Daniella T. (Author) ; Anshor, Maria Ulfah 1960- (Author)
Format: Electronic Article
Language:English
Published: 2026
In: International criminal justice review
Year: 2026, Volume: 36, Issue: 1, Pages: 54-78
Online Access: Volltext (lizenzpflichtig)
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Summary:To respond to the growing threat of terrorism, Indonesia has chosen the criminal justice model to combat terrorism. Since the enforcement of the Anti-Terrorism Law in 2002, however, studies on the punishment of terrorist offenders are still limited. There has been no research that has attempted to investigate what factors influence criminal sanctions for terrorists and how consistent existing terrorism decisions are with the principle of proportionality. This study seeks to understand how legal factors such as culpability and harm influence the length of criminal sanctions and the extent of sentencing disparity in terrorism cases in Indonesia. Using 710 cases of terrorist crime that the Indonesian Terrorism Cases Database has compiled, this study tests the influence of culpability and harm on sentencing outcomes and the extent of sentencing disparity in terrorism cases in Indonesia. The results show that the level of harm moderates the influence of the level of culpability on criminal sanctions. In addition, the higher the level of harm, the higher the disparity rate. These results illustrate that inconsistencies in decisions still exist in sentencing terrorism cases, and efforts are needed to minimize them.
ISSN:1556-3855
DOI:10.1177/10575677251356977