ANALISIS TERHADAP DELIK PERMUFAKATAN JAHAT PENDANAAN TERORISME DALAM PUTUSAN PENGADILAN NEGERI JAKARTA TIMUR NOMOR 398/PID/SUS/2018/PN.JKT.TIM

Abstract

From a criminal law perspective, terrorism is a unique crime. The essence of terrorist acts is
funding and applies to all terrorist acts. Law Number 9 of 2013 concerning the Prevention and
Eradication of the Crime of Financing Terrorism regulates the crime of financing terrorism. The
evil conspiracy regulated in Article 5 of the Terrorism Financing Law is one of the conditions that
must be fulfilled by criminals. In this study, the defendants in the decision of the East Jakarta
District Court No. 398/Pid/Sus/2018/PN.Jkt.Tim were used as the object of research to assess how
the crime of financing terrorism to finance terrorism was applied and to assess the factors
considered by the judge. in applying the criteria for conspiracy in the financing of criminal acts of
terrorism. Through an inventory of sources from books and laws and regulations, this research was
conducted using a normative juridical approach. The defendant was charged with Article 4 jo.
Article 5 of Law Number 9 of 2013 concerning Prevention and Eradication of Terrorism Financing
Crimes and Article 15 jo. Article 7 of Law Number 15 of 2003 concerning Criminal Acts of
Terrorism and sentenced to 4 years in prison. The activities of the accused, who have been proven
to be part of a conspiracy to finance terrorism, can be identified according to the qualifications of
the articles charged by the public prosecutor. The decision was considered inappropriate in
applying the crime of conspiracy as in the judge's decision.