The System of Proof on Extraordinary Crime in Case Criminal Which Based on the Intelligent Investigation Report (A Case Study)

Abstract

Terrorism is an extraordinary crime which is transnational activity that is way to combat terrorism not an easy operation, what more difficult and need highly activity and hardly unable to catch the terrorist, due process of it and challenging current criminal system procedure, whiles the burden of proof in terrorism is very complicated. Based on recent experience in Indonesia, due process of law for the act of terrorism does use the ordinary criminal system of procedure law, which does not adopt the intelligence investigation report as evidence based. In other word the law of criminal procedure act does not qualify yet or not clearly amend the intelligence report as clear convincing evidence. This study is tried to explore this gap on what other legal tool can be used to challenge this hole. What common practices is used to render this problem and what adjudge has been follow recently to this matter of law. The methodology in study this issues by collecting (i) all information related facts of intelligence operation analysis in formed part by part information followed by field cross-check examination, (ii) managing the crime of terrorism as extraordinary one and as the transnational of Crime against humanity based on the article 184 Criminal Procedure Act, with add some strong clues about terrorism activity as an preliminary evidence to continuing the depth investigation has been regulated according to article 26 Act No. 15 Year 2003 Regarding to The Prevention of Terrorism.(iii) By using intelligence investigation report as evidence the system of proof will bring some developing method for the law to foster the burden of proof system and may deter the crime of terrorism.  As a conclusion this study may contribute some ways or other method of proof involving the extraordinary crime on terrorism which not been adopted by current law and system.

Keywords: burden of proof, evidence and terrorism, intelligence investigation

DOI: 10.7176/JLPG/90-15

Publication date:October 31^st 2019