Prevention and Enforcement of Violence in the Name of Religion to

Optimize Indonesia's Demographic Bonus

Muhamad Zarkasih and Sri Gambir Melati Hatta

Universitas 17 Agustus 1945 Jakarta, Jakarta Utara, Indonesia

Keywords: Violence, Religion, Indonesia's Demographic Bonus.

Abstract: The purpose of this study is to determine the Prevention and / Enforcement of Violence in the Name of

Religion to Optimize Indonesia's Demographic Bonus. This research is a type of normative research. The

approach used in this study is a statutory and conceptual approach. The results showed that in the perspective

of Islamic law, behavior that gives rise to extreme understanding by expressing it through violence in order

to defend its ideology can be considered as al-baghy (rebellious). Article 43D paragraph (2) letter f of Law

No. 5 of 2018 which explains that what is meant by "people or groups of people who have been exposed to

radical terrorism" is a person or group of people who have radical ideas about terrorism and have the potential

to commit acts of terrorism. There are four characteristics of extremists, including making it difficult to do

good, being rude and rude, easy, and fanatical towards the madhhab and not wanting to follow other opinions.

Extremist acts of violence in the name of religion are punishable under article 170 of the Criminal Code which

contains such acts punishable under Indonesian law in Article 170 of the Criminal Code. MUI in its fatwa on

terrorism views that committing acts or acts of terror is against the law, whether committed by individuals,

groups, or the state. The criminal act of terrorism is regulated in Law No. 5 of 2018. The criminal threats to

perpetrators of terrorism are: imprisonment between 3 to 20 years, life imprisonment or the death penalty.

1 INTRODUCTION

The Demographic Bonus is a golden period for

Indonesia, but this bonus can turn into a major

disaster if not properly prepared by this golden

generation. The number of productive age population

will peak in 2020-2035 when the figure reaches 70%.

The current population of Indonesia in the productive

age between 15-64 years is more than the

unproductive age of children aged 0-14 years and the

elderly aged 65 years and over. (Sutikno, 2020).

Many benefits can be obtained by the Indonesian

nation from the demographic bonus situation it

experiences. One of the main benefits as well as the

biggest benefit of the demographic bonus for

Indonesia is to change Indonesia's economic level

from a developing country to a developed country.

This statement is not an impossible thing to happen.

Because with the demographic bonus in Indonesia,

the number of productive populations in working age

is greater than non-working age (Darmawan, 2018).

Indonesia is a country known for its diverse

society, living with full of differences that can

potentially cause horizontal conflicts. This means that

conflicts can occur between individuals or groups of

people who have different socio-cultural and

religious statuses (Yunus F. M., 2014).

The demographic bonus, which is expected to

occur in 2020 – 2030, is both an opportunity and a

challenge, if later human resources do not develop in

line with the needs of the times. The human resources

in question are not always seen only on the

intellectual side but from a mentality and attitude of

tolerance that can be a great assessment for human

resources in the future. The tolerance in question will

then be seen when faced with the existing plurality,

especially Indonesia has a lot of ethnicities, religions,

races and intergroups (SARA). To counteract

intolerance, it is certainly necessary to have a basic

understanding of the living habits of people who are

accustomed to harmony and peace with each other. So

is the understanding at the level of theological

academics of the importance of an attitude of

tolerance inherent after each side has explained the

core teachings of the religion he adheres to. In eastern

Indonesia, which is known to have areas that are

prone to radicalization, pluralism and tolerance are

the main capital to develop highly intellectual human

512

Zarkasih, M. and Hatta, S.

Prevention and Enforcement of Violence in the Name of Religion to Optimize Indonesia’s Demographic Bonus.

DOI: 10.5220/0012583200003821

Paper published under CC license (CC BY-NC-ND 4.0)

In Proceedings of the 4th International Seminar and Call for Paper (ISCP UTA ’45 JAKARTA 2023), pages 512-516

ISBN: 978-989-758-691-0; ISSN: 2828-853X

resources with a strong mentality. That way, the

demographic bonus will find a very big opportunity

in the future. (Siwi, 2021)

Dictatorships of religious majorities who

discriminate against religious minorities or beliefs.

Discrimination that is known to the extreme can be in

the form of murder, violence, and also rape

committed en masse or independently of a group as a

consequence of intolerance due to existing

differences. Discrimination also not only refers to the

execution of such inhumane acts that will take human

lives, but discrimination can also be in the form of

discriminatory policies and laws. In this context,

discriminatory laws can result from religious norms

as unofficial laws. While the official law is a law

based on religious norms adopted by the majority and

subjects who are authorized to set laws.

Discrimination can also be in the form of expressions

of hatred, reproach, insults, which make a certain

group feel degraded and considered unworthy to

coexist with society adhering to the norm (Soedrajat,

2017).

The worst case of discrimination motivated by

religious differences is the Muslim-Christian conflict

in Maluku. The case of religious discrimination that

occurred between Maluku and North Maluku caused

more than 8,000 people to die and 700,000 people to

be displaced. The duration of the conflict lasted from

1999 to 2002 (then in 2011 there was also a conflict)

with the extent of the conflict reaching the scope of

the province causing huge material losses. The range

of material losses recorded around 29,000 houses

burned, 7,046 houses damaged, more than 45

churches and mosques destroyed, 38 government

buildings destroyed, even 4 banks were also

destroyed (A., 2014).

The phenomenon of radicalism, extremism and

terrorism re-emerged after the bomb explosion in

MH. Jl. Thamrin, Central Jakarta on Thursday,

January 14, 2016. Indonesia again warned about the

dangers of terrorism. Radicalism, extremism, and

terrorism are like three things that go side by side, all

three become a frightening scourge for most of

humanity, especially in the Unitary State of the

Republic of Indonesia (Ali, 2018).

The recent rise of bomb attacks and shootings in

various countries is often labeled as a form of

terrorism motivated by religious radicalism. Many

have blamed the action on hardline Islamist-based

groups, such as Al-Qaeda, ISIS or Daesh, Boko

Haram, Abu Sayyaf, and affiliates of these groups in

various countries. (Permatasari, 2020).

However, radical, extremist and terrorist acts are

also carried out by groups with other religious

backgrounds. For example, bomb blasts occurred in

Malegaon, Maharashtra, and in Modasa, Gujarat in

India that killed and injured many people who are

predominantly Muslim. According to local

authorities, this action was carried out by hardliners

in India with a Hindu background (Damayanti, 2021).

President

Jokowi

issued

Presidential

Regulation

(Perpres)

Number 7 of 2021 concerning the National Action

Plan for Preventing and Combating Violent

Extremism that Leads to Terrorism in 2020-2024.

What is meant by this Presidential Regulation,

extremism is a belief and / or action that uses violent

means or threats of extreme violence, with the aim of

supporting or committing acts of terrorism. From this,

it can be emphasized, extremism is a very strong

understanding or belief in something that exceeds

reasonable limits, and can violate the law (Asrori,

2019).

Extremism is a political or religious doctrine that

takes action to achieve its goals in various ways, such

as anarchist and fanatical movements against

something. A person with an extremist attitude

toward religion will not hesitate to oblige others to do

something that God does not require. (Ridwan, 2021)

He is also often rude not to place and time, especially

if what is being debated is faith.

Thus terrorism can develop, especially in an

uncomfortable environment, due to poverty, political

differences, high religious fanaticism, injustice in

conflict resolution, and weak state in maintaining law

and order and people's welfare. (Subagyo, 2021)

Terrorism is not related to followers of a particular

religion because it is carried out not based on

religious teachings, because terrorism is an enemy of

security and peace, an enemy of all mankind, the

eradication of criminal acts of terrorism must be

carried out comprehensively. (Aminah, 2020)

Based on the background described above,

this paper will analyze the perspective of Prevention

and / Enforcement of Violence in the name of religion

to optimize Indonesia's demographic bonus. The goal

is to be able to place the right paradigm in viewing

acts of violence with religious nuances. From here,

the author formulates the problem, How to Prevent

and / Enforcement of Violence in the Name of

Religion to Optimize Indonesia's Demographic

Bonus?

Prevention and Enforcement of Violence in the Name of Religion to Optimize Indonesia’s Demographic Bonus

513

2 METHODS

This study used a normative type of research. As

stated by Soekant, (Mamudji, 2021), one type of

normative legal research is legal research as a norm.

Legal research is conducted to produce legal

arguments, theories, or concepts, as a recipe to solve

the problems faced and discussed, especially in this

study the issue of Prevention and / Enforcement of

Violence in the Name of Religion to Optimize

Indonesia's Demographic Bonus. The approach used

in this study is a statute and conceptual approach.

(Mahmud, 2014). This approach will be carried out

by in-depth study of laws and regulations and

developing doctrines, especially those related to

research topics.

3 RESULTS AND DISCUSSION

3.1 Prevention and/Enforcement of

Violence in the Name of Religion to

Optimize Indonesia's Demographic

Bonus

The demographic bonus, which is expected to occur

in 2020 – 2030, is both an opportunity and a

challenge, if later human resources do not develop in

line with the needs of the times. The human resources

in question are not always seen only on the

intellectual side but from a mentality and attitude of

tolerance that can be a great assessment for human

resources in the future. The tolerance in question will

then be seen when faced with the existing plurality,

especially Indonesia has a lot of ethnicities, religions,

races and intergroups (SARA). To counteract

intolerance, it is certainly necessary to have a basic

understanding of the living habits of people who are

accustomed to harmony and peace with each other. So

is the understanding at the level of theological

academics of the importance of an attitude of

tolerance inherent after each side has explained the

core teachings of the religion he adheres to.

In eastern Indonesia, which is known to have

areas that are prone to radicalization, pluralism and

tolerance are the main capital to develop highly

intellectual human resources with a strong mentality.

That way, the demographic bonus will find a very big

opportunity in the future (Siwi, 2021).

Recent acts of violence in the name of religion

continue to occur, while the perpetrators are free from

legal bondage. This indicates the powerlessness or

weakness of the National Law (Modern Law) in

overcoming violence in the name of the religion. In

anticipating the spread of violence in the name of

religion, it is necessary to initiate, study, and develop,

laws that live and develop in Indonesian society.

Violence in the name of religion and fostering

pluralism in Indonesia. It is the duty of the State to

protect the fundamental rights of the Indonesian

people, especially the right to worship based on

religion and belief, a right that cannot be diminished

under any circumstances. This has been guaranteed

by the 1945 Constitution, namely Article 28I

paragraph (1) of the 1945 Constitution, which reads:

The State guarantee regarding freedom of religion is

also guaranteed by Article 29 paragraph (2) of the

1945 Constitution. Furthermore, Article 4 of Law No.

39 of 1999 concerning Human Rights also states that

Religious Rights are rights that cannot be reduced

under any circumstances. Likewise in international

regulations. This is why religious rights are

fundamental rights (Muttaqien, 2014).

The definition of radicalism is contained in Law

No. 5 of 2018 concerning Criminal Acts of Terrorism

which states that radicalism is an unlawful act to

change the system, not gradually but radically, by

means of violence. Meanwhile, outside those that are

not included in acts of radicalism related to acts of

terrorism. Unlike Indonesia, the United States

Agency for International Development (USAID) or

the American International Development Assistance

Agency does not use the term radical understanding

of terrorism, but uses the term Violent Extremism

(Asrori A., 2015).

A new radical idea emerged in Law No. 5 of 2018

which is contained in the prevention of criminal acts

of terrorism. The term appears in the implementation

of the prevention of criminal acts of terrorism carried

out through national preparedness, countering

radicalization and deradicalization. Article 43C

paragraph (1) states that countering radicalization is a

planned, integrated, systematic, and continuous

process carried out against people or groups

vulnerable to exposure to radical terrorism intended

to stop its spread. The content of the article states that

understanding radical terrorism is the main goal of

implementing counterradicalization.

In some cases carried out by Islamic organizations

in Indonesia regarding violent extremism in the name

of religion, perhaps their behavior or actions are not

entirely wrong, because they must have good

intentions, only the process of realization that uses

excessive means, such as violence, persecution, etc.

and anarchist actions. An example is the destruction

of the Coto Makassar stall on Jalan A.P. Pertarani,

Makassar, South Sulawesi by one of the Islamic

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organizations on the grounds that the store is still

open during the day in Ramadan, as well as the attack

and destruction of the Playboy magazine office by

one of the Islamic organizations on the grounds of

rejecting the pornographic magazine.

This act is punishable in accordance with

Indonesian law in Article 170 of the Criminal Code

which states, "Anyone who openly and with collective

force uses violence against people or property, is

threatened with a maximum prison sentence of 5

years and 6 months".

During the dynamics of socio-cultural changes in

the lives of Indonesian people, in general the law

(especially law enforcement) is felt to be far from

ideal. Law enforcement for violence in the name of

religion is inseparable from the failure of the legal

positivism paradigm applied in Indonesia. In the

midst of the socio- cultural dynamics of Indonesian

society today, the implementation of the doctrine of

positivism which says that the law is objective, the

law is certain, and the law is neutral needs to be

questioned. Because in practice, the law is in fact not

objective, not certain, and not at all neutral (Hadriani,

2020).

The formulation of theoirism in positive criminal

law, as formulated in Law No. 5 of 2018 states that

"Terrorism is any act that meets the elements of a

criminal act in accordance with the provisions of this

law" (Article 1 paragraph 1 of Law No. 5 of 2018).

Terrorism in Article 1 paragraph (2) of Law

Number 5 of 2018 concerning the Eradication of

Criminal Acts of Terrorism above is an act that uses

violence or in the form of threats that create an

atmosphere of terror or fear and causes massive and

widespread casualties. Something can be said to be a

criminal act of terrorism if the object of attack is vital

and strategic places, neighborhoods, public facilities.

In this law, it is stated that elements of violence can

only be said to be a criminal act of terrorism if carried

out for ideological, political, or security reasons.

Criminal provisions for terrorism perpetrators as

contained in Article 6 of Law No. 5 of 2018 affirm

that criminal threats for terrorism perpetrators are

imprisonment from 5 to 20 years, life imprisonment,

to the death penalty. Meanwhile, Article 10A

regulates in more detail the crimes related to acts of

terrorism, such as punishment for people who carry,

store, transport, trade weapons to be used to commit

acts of terrorism. The sentences vary, ranging from 2

years, 3 years, 7 years, to the death penalty.

Everything depends on the degree of involvement of

the person in the criminal act of terrorism.

Law enforcement against violence in the name of

religion is an important step to create a safe, stable,

and supportive environment for optimal demographic

growth in Indonesia. Strategies that can be taken to

strengthen law enforcement against religious-based

violence in order to optimize Indonesia's

demographic bonus by strengthening the Law,

reviewing and if necessary revising existing laws to

ensure that acts of violence in the name of religion are

punished firmly and fairly then establishing firm and

supportive punishments that can have a deterrent

effect on perpetrators of violence and become an

example for others.

4 CONCLUSION

Prevention and/Enforcement of Violence in the Name

of Religion to create a safe, stable, and supportive

environment for optimal demographic growth in

Indonesia. Strategies that can be taken to strengthen

law enforcement against religious-based violence in

order to optimize Indonesia's demographic bonus by

strengthening the Law, reviewing and if necessary

revising existing laws to ensure that acts of violence

in the name of religion are punished firmly and fairly

then establishing firm and supportive punishments

that can have a deterrent effect on perpetrators of

violence and become an example for others.

The term appears in the implementation of the

prevention of criminal acts of terrorism carried out

through national preparedness, countering

radicalization and deradicalization. Article 43D

paragraph (2) letter f which explains that what is

meant by "people or groups of people who have been

exposed to radical terrorism" is a person or group of

people who have a radical understanding of terrorism

and have the potential to commit acts of terrorism.

There are four characteristics of extremists, including

making it difficult for oneself to do good, being rude

and rude, easy, and fanatical towards the madhab and

unwilling to follow other opinions.

Extremist acts of violence in the name of religion

are punishable under article 170 of the Criminal Code

which contains such acts punishable under

Indonesian law in Article 170 of the Criminal Code.

In jinayah fiqh, cases like the above can be punished

as criminal, because they fulfill 3 elements of crime,

namely formal elements, material elements and moral

elements. As a formal element there are governing

laws. So that law enforcers are more courageous in

responding to something as firmness in upholding the

truth for the creation of an obedient, halal, peaceful,

and prosperous society within the territory of the

Republic of Indonesia.

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