The Role of Intelligence in Law Enforcement for Combating Terrorism Cases in Indonesia

Abstract


I. Introduction
Problems Terrorism is still one of the main studies in global security threat discourse.This is inseparable from the fact that terrorism is still the most dangerous form of political violence in the world because the high death rate (fatality rate) from terrorist attacks 1 .Acts of terrorism every year cause many casualties, damaged to property, threaten the country's stability in the economic, security, and defense fields.On November 3, 2020, there was a terror attack in Vienna, Australia which killed 7 people 2 .The perpetrators in this incident carried 1 Florence Gaub, 'Trends in Terrorism', European Union Institute for Security Studies (EUISS), 2017, pp.218-23 <https://doi.org/10.1142/9789812799647_0030>.
2 Natalie Wolfe, 'Vienna Synagogue Attack: Mass Shooting Situation in Austria | News.Com.Au -Australia's Leading News Site ', News, 2020.  in crimes against humanity (crime against humanity) and classified in the category of extraordinary crimes (extra ordinary crime).As a form of extraordinary crime (extraordinary crime), terrorism requires handling in extraordinary ways (extraordinary measure) 9 .The world's commitment to preventing terrorism is then formulated in several international conventions which generally affirm that terrorism is an international crime.Meanwhile, the Indonesian government through related ministries and institutions has taken various preventive measures and soft approaches such as national preparedness; and a hard approach is carried out through strict law enforcement measures.The government also responded to acts of terrorism that occurred by issuing various policies, such as Law Number 15 of 2003 concerning Eradication of Criminal Acts of Terrorism, the establishment of the National Counterterrorism Agency (BNPT), forming the Special Anti-Terrorism Datasement 88 (Densus 88, the role of the TNI, to the role of Intelligence as preventive as well as curative steps.Head of BNPT, Komjen Pol Rafli Amar stated that during the Covid-19 pandemic, suspicious financial transactions increased by up to 101 percent 10 .As of October 2020, the BNPT reported that it had arrested more than 100 suspected terrorists 11 ..It was disclosed that the actual figure was twice the figure reported by the BNPT.This significant number indicates that a collaborative and comprehensive handling of terrorism needs to be carried out by various Ministries and Agencies under their respective roles and functions.One of the very central roles and functions in counter-terrorism efforts is the intelligence function.The importance of the role of intelligence agencies in counter-terrorism lies in at least 3 main factors, namely: (1) their role in preventing and disrupting acts of terrorism; (2) their role in post-incident investigations; and (3) their contribution to preventive/protective security measures 12 .Preliminary evidence from intelligence reports authorizes Densus 88 to make arrests of suspected terrorists 13 .Intelligence information is needed to read and analyze the movements of existing terrorist groups to prevent and minimize the impact of acts of terrorism.Referring to the importance of the role of intelligence in handling terrorism, some certain state institutions also have units/agencies within their institutions, such as BAIS TNI to manage defense intelligence, Baintelkam Polri to carry out police  the concept of Intelligence Liaison argues that of the many institutions that have counter-terrorism responsibilities, the coordination performance of intelligence agencies is crucial in determining the success of counter-terrorism in a country.However, the coordination of the intelligence community often encounters intelligence failure caused by sectoral ego, mutual suspicion and the desire to compete between counter-terrorism agencies in a country 17 .Analysis of previous studies using the Inter-Agency Coordination approach produced at least two main arguments.First, cooperation between intelligence agencies and counter-terrorism policy makers in a country plays an important role in tackling the problem of terrorism in a country.In particular, coordination and cooperation in the exchange of information among the intelligence community is one of the crucial elements to ensure the success of a counter-terrorism program in a country.Second, cooperation and coordination between state institutions in tackling terrorism are often hindered by sectoral egos, mutual suspicion and the desire to compete among counter-terrorism agencies in a country.Therefore, it is necessary to increase the coordination and consolidation of each institution that has an intelligence function.
Besides that, the paradigm that is also dominantly used to dissect the issue of tackling the problem of terrorism is the paradigm of the role and function of intelligence.The theories used in the role and function paradigm of intelligence include the concept of Intelligence led policing which discusses the significance and effectiveness of intelligence-based law enforcement methods 18 .The theory of mass violencewhich discusses the correlation between weak intelligence capacity in counter-terrorism with the frequency of violence against terrorism detainees in prisons as well as cases of wrongful executions and intelligence theory and information technology who argue that there is a negative perception regarding the role of intelligence in counter-terrorism in Indonesia which is often identified with intelligence failure.In addition, by using the concept of terrorism in international law and intelligence 19 .Bernardi argues that terrorism is a crime and an extraordinary emergency so that to a certain extent, it gives legitimacy for the state to limit the rights of the perpetrators of terror 20 .
Several other academic studies using the viewpoint of the role and function of intelligence discuss the importance of enforcing national and international law and intelligence methods as a comprehensive means of dealing with terrorism.The need for more detailed and comprehensive provisions on wiretapping by state intelligence as well as the important role of intelligence agencies to maximize strategy, tactics; intelligence urgency in countering terrorism to identify terrorist networks, create data bases, measure risks, carry out clandestine counterattacks, assist propaganda efforts, disrupt member solidarity terrorist groups and selectively share information with their partners; and the need for intelligence applications in the cycle of collecting information in tackling terrorism problems 21 .
From the previous studies above, the author argues that.The effectiveness of the function of intelligence agencies in dealing with terrorism is largely determined by how each intelligence mandate bearer to counter terrorism can collaborate and synergize with each other in order to harmonize each sectoral mandate in order to produce a parallel, simultaneous and effective counter-terrorism policy.The harmonization in question is by synchronizing the mandates for deradicalization, early detection, prosecution and prevention, each of which is mandated by different state institutions.In this collaboration process, the roles and functions of intelligence agencies then become very crucial to ensure that inter-agency coordination in countering terrorism is based on valid and factual information, based on intelligence findings in the field, so that an accurate inter-agency collaboration process can be produced.The exchange of intelligence information is then explained as one of the indicators that can explain the running of an effective collaboration process among these policy stakeholders.

Research Method
To answer research questions, this study uses a case study research method.Case studies are empirical investigations that investigate contemporary phenomena in real-life contexts, especially when the boundaries between phenomenon and context are not clear 22 .The features in the Case Study method can enable researchers to answer questions about how BIN carries out its investigative, security and mobilization functions to identify and prevent terrorist attacks.This research will conduct case studies on several acts of terrorism that occurred in Indonesia.Deep understanding, in this case, the study will be carried out by triangulation, through (1) direct observation by researchers, (2) investigations by asking for explanations and interpretations of case participants on the data collected, and (3) analysis of written documents.

Results and Discussion
Intelligence agencies have a very important and significant role in handling acts of terrorism in Indonesia.Information from intelligence agencies can provide a comprehensive picture, especially for decision-makers regarding the potential and vulnerability of terrorist attacks in a country, including providing early warnings regarding potential terrorist attacks as well as providing ways to prevent them so that steps can be taken.-legal steps to be able to stop the terrorist acts that have been planned.So that terrorism can be dealt with comprehensively, one of the approaches that can be taken is to trace the network and the roots that are the cause of terrorism which is one of the duties of intelligence.Given the many factors that can be the root of terrorism23 .

The Role of Intelligence in Handling Terrorism in Indonesia.
The Intelligence Agency was formed by the state, one of which is to conduct detection and provide early warning and prevent potential terrorist attacks that threaten the stability of state security.In Indonesia, this function is contained in Law No. 17 of 2011 concerning State Intelligence.In general, from several cases of terrorism attacks in Indonesia such as the Thamrin Bombing in 2016, the Poso region riots in 2003, and the Makassar Cathedral Church Bombing in early 2021, the intelligence function for early detection has been carried out by BIN through the pillars of intelligence activity, namely investigation, security, and fundraising.The investigation is an effort, activity, work, and action that is carried out in a planned, gradual and sustainable manner in a cycle of the intelligence activity chain to search, explore, track, collect, record, process, and analyze data or information material into ready-to-use information.as an intelligence product.Investigations carried out by intelligence produce evidence that can be used by law enforcement agencies to prevent acts of terrorism.The evidence is usually then coordinated with other related parties, especially Densus 88 at the National Police Headquarters so that steps can then be taken to arrest the suspected perpetrators of terrorism.
Investigations conducted by Indonesian intelligence are in line with intelligence work standards in the intelligence cycle which consist of: (1) Planning, (2) Collection, (3) Presenting in reports, (4) Analyzing information, and ( 5) Disseminating intelligence information to other parties other 24 .The information produced by intelligence is complete, not only reporting which group will act, but also where the action will be carried out, how the method will be carried out, when and who will carry out an attack.The investigation function diagram can be seen as shown in Figure 1.

Figure 1. Diagram of Investigation Function
The next point in intelligence activities is the security function.Security is an effort, activity, work, and action that is carried out in a planned, gradual and sustainable manner in a cycle of the intelligence activity chain to protect, neutralize, clean, and secure the environment and all its contents which include individual, materials, documentation, information, activities/operations, communication, and the environment to create a safe and controlled condition of any dangerous actions.The security function can be seen in the case of Poso region when intelligence mobilized civilian groups involved in the conflict in Poso to control the security situation in Poso region.This security measure was considered successful because it created conditions in Poso region that were safe and controlled.This is following the security function to prevent damage or destruction to personnel, materials, documentation, information, activities/operations, communications, and the environment from interference by intelligence services in the form of theft, sabotage, terror, and so on.An overview of the security scheme can be seen in Figure 2. and at certain times that are profitable for the fundraiser, where the target of fundraising is individuals, groups or society in general25 Forms of fundraising are socialization activities, analysis, information, and so on.The fundraising function usually occurs before acts of terrorism occur.When evidence has been found and security is carried out, intelligence makes efforts to go into the community to moderate understandings that develop through analysis, discussions, and so on together with stakeholders in the surrounding environment.The fundraising scheme can be seen in Figure 3.

Figure 3. Fundraising Scheme
As with the role of Indonesian intelligence in carrying out investigations, security and mobilization of potential terrorist attacks in Indonesia, the following section will further discuss the intelligence functions that have been carried out by BIN in tackling a number of terrorism cases in Indonesia as follows: Riot Cases in Poso region Communal conflicts in Poso region have occurred since December 24, 199826 .The incident started with a fight between youths who happened to have different religions, giving rise to religious sentiments between Islam and Christianity that have survived to this day.Further tension occurred in April, until May 2000 and the escalation of the conflict was increasingly widespread.The government did not remain silent in dealing with this situation, peace efforts were made by carrying out the Malino Peace Declaration I in December 200127 .After the riots subsided, major operations were carried out, such as the Sintuwu Maroso Operation in 2014, the Camar Maleo Operation in 2015, and the Tinombala Operation which was carried out from 2016 to 2020.Sometime before the riots occurred, BIN had carried out a series of investigative operations so that it succeeded in detecting the possibility of riots occurring in Poso 28 .Indications were found before the attacks by unknown armed groups on people in Morowali and Poso districts on 10⎯12 October 2003.According to the Deputy Head of BIN at the time, As'ad Said Ali, the intelligence apparatus in the regions had known that there was a possibility of an attack or riot in Poso.Head of the State Intelligence Agency AM Hendropriyono admitted that his party had identified that the instigators of the conflict in Poso were old players.According to the head of BIN, actually the root cause of the riot that killed nine people was the existence of these old players.Not surprisingly, these old people will continue to look for problems that can trigger new conflicts.Therefore, if the whereabouts of these people were not resolved soon, similar conflicts would continue to occur 29 .
In addition to investigations, intelligence also carried out efforts to secure the Poso case.As its definition, Security is an effort to protect, neutralize, clean and secure the environment along with everything in order to create a safe and controlled condition from any dangerous action 30 .Intelligence work in Poso has also succeeded in mobilizing civilian groups involved in the conflict to defuse the escalation of the conflict in order to secure territory.This condition is done to neutralize the environment in order to create safe and controlled conditions.
The Thamrin Bomb Case On January 14, 2016 there was a bomb attack and shooting at the Sarinah intersection, Jl.MH Thamrin, Sarinah 31 .The terror act was initiated by a perpetrator named Ahmad Muhazan who carried out a suicide bombing at Starbucks.Eleven minutes later, the second bomb explosion was carried out by Dian Juni Kurniadi at the police post near the Sarinah Building.The terrorist act claimed 21 victims, 8 of whom died.The police suspect that the terror act in the MH Thamrin area is related to the Islamic State of Iraq and Syria (ISIS) network with Bahrun Naim accused of being involved in the attack.The evidence for this arrest included 533 long-barreled rifle bullets and 32 military 99 caliber bullets 32 .
Long before this attack occurred, BIN had carried out an investigative operation on the terrorist network linked to the Thamrin bombing and concluded that there would be potential terrorist attacks between December-January 2016.This investigation itself is carried out through a series of cycles of the chain of intelligence activities to search, explore, track, collect, record, and process and analyze data or information material (baket) into ready-to-use information as intelligence products.Regarding the Thamrin bombing incident, the Head of BIN, Sutiyoso, complained that BIN did not have the authority to arrest suspected terrorists 33   (Kamerad) to demonstrate in front of the DPR RI building demanding to strengthen the role of intelligence in preventing and acting on terrorism 35 .

Makassar Cathedral Church Bombing Case
On Sunday, March 28 2021, a terror attack was carried out by husband and wife L and YSM at the Cathedral Church, Makassar 36 .This incident resulted in dozens of people who were carrying out Sunday services injured.The perpetrators in this action are known to be affiliated with the terrorist group, Jamaah Ansharut Daulah (JAD).This action is also suspected to be similar to the two other bombings that had occurred in Medan and Surabaya as a form of protest against law enforcement officials who were active in arresting suspected terrorists.
This incident itself has actually been indicated by BIN since 2015 when hundreds of worshipers were sworn in by ISIS in Sudiang, South Sulawesi 37 .From the investigation it was discovered that they were planning to carry out a suicide bombing.In fact, according to Deputy VII BIN, Wawan Purwanto, suspected terrorists in this action were targets of pursuit by law enforcement officers 38 .
Intelligence analysts stated that the action that took place at the church took advantage of the moment ahead of Easter as an act of resistance to the authorities who are actively fighting terror networks.

The Urgency of Intelligence Collaboration in the Future
Collaboration between various counter-terrorism institutions in Indonesia has been proclaimed for a long time.On 12⎯17 th October 2018, the "Asia-Europe Counter Terrorism Dialogue" discussion was held in Belgium.During the event, the Minister of Defense of the Republic of Indonesia, Ryamizard Ryacudu, appealed to every country to take the initiative to build cooperation to strengthen coordination and collaboration mechanisms in dealing with terrorism through strengthening intelligence cooperation 39 .The Minister of Defense of the Republic of Indonesia stated that the first step of the necessary regional security cooperation embryo architecture is the establishment of a multilateral intelligence exchange framework to detect foreign militant movements, establish training camps, anticipate the spread of propaganda through social media, and detect the flow of funds and logistics of terrorist groups.At the ASEAN level, on January 25 2018, Indonesia is known to have had Our Eyes intelligence exchange cooperation which is similar to Western countries' Five Eyes.
The cooperation carried out by intelligence agencies in the European Union between Europol and Fontex can be used as a good example 40 .Europolplay a major role in the development of reliable intelligence exchange methods and instruments, on serious and organized crime 41 .Together with the European Police Chiefs Convention and the Counter Terrorism Working Group, Europol assesses the threat of terrorism to be diverse.Meanwhile, Frontex is responsible for information exchange and surveillance on European residents 42 .This cooperation has proven to prevent acts of terrorism that occurred in Europe.
The Indonesian government also needs to involve civil and community organizations, academics, and the private sector to prevent and fight terrorism.This appeal was conveyed because these actors have proven to be creative and effective in making initiatives to fight counter-terrorism and promoting moderation 43 .This cooperation is needed because even though the government is capable of leading and coordinating, civil and societal actors have broader outreach to their communities.

Conclusion
It is undeniable that a country's intelligence agency plays a central role in state counter-terrorism efforts.The role of intelligence in the context of counterterrorism has a broad spectrum because policy makers have a need for intelligence information that is adapted to the context and in a timely manner so that it can provide a rationale, context, information, warnings, risk assessment, benefits and possible outcomes of a counter-terrorism policy.In its efforts to identify and prevent potential terrorist attacks, intelligence agencies carry out at least 3 (three) basic pillars of intelligence functions, namely investigation, security and mobilization.From the 3 (three) cases of terrorism attacks in Indonesia that have been described above, it appears that BIN as the main executor of the intelligence function in Indonesia has carried out a series of investigative and fundraising operations in order to secure an area from conflict escalation as well as from potential terrorist attacks.

Figure 2 .
Figure 2. Security Scheme Besides investigation and security, the last pillar of intelligence activity is fundraising action.Fund-raise is a series of efforts, activities, work and actions that are carried out in a planned, gradual and sustainable manner in the intelligence activity chain cycle to change and create situations and conditions in certain areas

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functions, immigration intelligence, and other intelligence organizations that take part in tackling terrorism issues.Meanwhile, to coordinate intelligence functions spread across a number of these state institutions, the State Intelligence Agency was appointed as Intelligence coordinator to prevent overlap or conflict of interest between these intelligence organizations.Following Law no. 17 of 2011 and Presidential Regulation no.67 of 2013.Deputy VII BIN, on April 8 2021 explained that so far BIN together with the ranks of state intelligence administrators have a strong commitment to preventing the development of radicalism and acts of terrorism through early detection and early prevention of potential threats of terrorism 14 .In this effort, BIN also synergizes with Densus 88, BNPT, TNI/POLRI, as well as religious leaders, community leaders, mass organizations, OKP, related ministries/agencies, and local governments.Michael S. Goodman, and James M. Wilson, 'Health Security Intelligence: Engaging across Disciplines and Sectors', Intelligence and National Security, 35.
. This weakness led the Head of BIN to propose revisions to Law No. 15 of 2003 concerning Anti-Terrorism and Law No. 17 of 2011 concerning State Intelligence so that BIN has the authority to arrest and interrogate suspected terrorists 34 .Not only BIN, the Thamrin bomb attack also prompted dozens of students who are members of the Student Action for Reform and Democracy