NAMA : FRANS DANIEL M.

NPM : 110 110 170 174

MATA KULIAH : TERMINOLOGI HUKUM (KELAS C)

ESSAY
TOPIC : INTERNATIONAL LAW

Terrorism is categorized as a crime against humanity whose impacts can

threaten the safety of the nation and state, especially terrorism is not a single but
interlinked crime in a network (Sebayang, 2018). Human losses in terrorist crimes
are very significant in both life and finance. First international terorrism is on 22
July 1968, when three people from the Popular Front for the Liberation of Palestine
(PFLP) hijacked an Israeli commercial flight El Al who was flying from Rome,
Italy to Tel Aviv, Israel. 53 years later, exactly on September 11, 2001, the world
again shocked by an act of terrorism. Three US commercial aircraft were hijacked,
two of that were bumped into Twin Towers World Trade Center (WTC) twin towers
and the Pentagon. Known as 911 Tragedy, this incident became the starting point
of international perception led by the United States to fight terrorism.

In the draft bill of the third International Criminal Code of 1954, 13 criminal
offenses under international law have been ratification as crimes against the peace
and security of all human beings. In the thirteen point, one has been raised that
terrorism is one of international crimes. This crime included in the jurisdiction of
International Criminal Court, such as genocide crimes, crimes against humanity,
war crimes and aggression, and the other crimes such as racial and apartheid
discrimination, unlawful trials, piracy, and airplane hijacking, counterfeiting,
terrorism and narcotics-related crime.1

1
Elsam. (2014, Oktober 30). ELSAM. Diambil kembali dari ELSAM:
http://referensi.elsam.or.id/2014/10/kejahatan-internasional/
 From here, then the international world has common interests to solve the
problems of terrorism. This desire of the world is proposed in various of
zwischenstaatliches recht (law of interstate), starting from treaty (International
Convention) for the Suppression of Unlawful Seizure of Aircraft, or better known
as the Hague Convention of 1970 to the United Nations Security Council
Resolution 1368 dated 12 September 2001 relating to the tragedy of 911.

Recently, there has been an incident of terrorism in several places in

Indonesia. Many losses in the lives of the people we care about. Unfortunately many
opposition parties are abusing this incident as an excuse and an attempt to degrade
the value of regime leaders in the current period. It should be the opposition parties
can not do such irresponsible things. Instead, what to do (actus reus) to keep the
unity of Indonesia. Because the purpose of terrorism in my opinion precisely to
divide the nation.

The role of International Law or zwischen staatliches rechts, becomes very

important given the urgency of this terrorism issue. With regard to the obligations
of each country to counter terrorism, the UN Security Council adopted several
mandatory resolutions as members of the United Nations as provided for in chapter
25 of the UN Charter, that "The members of the United Nations agree to accept and
carry out the decisions of the Security Council in accordance with the Present
Charter".2 One of the UN Security Council resolutions is The 1368th Resolution
dated on 12 September 2001 which contains: "The members of the United Nations
agree to accept and carry out the decisions of the Security Council in accordance
with the Present Charter ".3

To prosecute terrorists, courts can be elected by agreement or customary

international law and always become a very relative matter. This things is more
like opinio juris sive necessitatis/opinio juris (something that international states /
communities need to be part of International Law) and becomes confusing because
the provisions do not yet exist. Between being the state responsibillity where a

2
(Tropika, 2009)
3
Ibid.
crime or the consequences of a crime took place (locus delicti) or in the related
country. Perhaps, International Law should make laws about it and make a
codification that have jus cogens character (laws that are binding and non-
infringing for any reason).