Criminal Liability of Terrorism Financing Actors
Carrying out terrorism requires funds; without funds, it is very difficult to carry out terrorism. Based on Law Number 9 of 2013 concerning Prevention and Eradication of Criminal Acts of Terrorism Financing, the subjects that can be held accountable for their actions are people and corporations. Cumulative and single systems of sanctions are prescribed by the law, and the types of sanctions include imprisonment, fines and revocation of certain rights. Corporations are only subject to fines and additional penalties. Attempting and assisting criminal acts of financing terrorism have the same punishment as having committed financing of terrorism. The law on prevention and eradication of financing of terrorism raises problems related to the qualification of criminal acts, the absence of specific minimum penalties, the absence of special rules or guidelines for implementing criminal sanctions formulated with the cumulative system, the problem of criminal fines, and the absence of an explanation of the terms relating to the crime of financing terrorism. It is recommended that in applying the criminal provisions of the law on financing terrorism, the principle of prudence and protection of human rights should be applied because many people who donate to religious organizations or recitation groups do not know the purpose and objectives of the donated funds.