About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

116 J.L. Pol'y & Globalization 1 (2021)

handle is hein.journals/jawpglob116 and id is 1 raw text is: 



ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online)                                                        t
Vol.116, 2021                                                                                      lsh


       Precautionary Principles of the Circulation of Hazardous

       Chemicals as an Effort to Combat the Crime of Terrorism

               Dani Teguh WibowoI     Made  Warka2     Slamet Suhartono2   Otto Yudianto2
      1.Doctorate of Law Candidate at Law Faculty of 17 Agustus 1945 University of Surabaya, Indonesia
               2.Lecture of Law Faculty of 17 Agustus 1945 University of Surabaya, Indonesia

Abstract
The title of this article is the Precautionary Principles of the Circulation of Hazardous Chemicals as an Effort to
Combat  the Crime of Terrorism. This article base on research discusses about 1) What are the characteristics of
the Crime of Terrorism using hazardous chemicals. 2) How is the principle of prudence in the distribution of
hazardous chemicals as an effort to overcome criminal acts of terrorism. The two problem formulations were
analyzed using normative legal research methods using the theory of legal objectives, the theory of criminal
policy and the theory of legal protection. The research was conducted through several approaches, namely the
statutory approach, the philosophical approach, the conceptual approach and the comparative approach.The
transformation of terrorism uses hazardous chemicals as precursors of Improvised Explosive Devices (IED). The
use of hazardous chemicals and the development of science makes the types of IEDs formed apart from high
explosives (HEs IEDs), also found weapons of mass destruction (WMD)  such as radioactive weapons. (Radio
Active Material Weapons) and  chemicals weapons (Chemicals Weapons).  The transformation of terrorism will
cause death, morbidity, onset in mass numbers and affect future generations. The right to life is irreversible
which requires a special pro-active effort. Active law enforcement and establish an early warning system in the
field of distribution of hazardous chemicals.To establish an early warning system in the field of hazardous
chemicals, it is necessary to apply the precautionary principle. The application of the precautionary principle is
due to the fact that protected legal interests are irreversible rights, the many related interests related to hazardous
chemicals and the transformation of terrorism make the dynamics increasingly complex which at a certain point
requires correct and appropriate decisions. The application of the precautionary principle requires administrative
sanctions as a form of guidance and criminal sanctions for certain violations.
Keywords:  hazardous chemicals, terrorism, precautionary principle
DOI:  10.7176/JLPG/ 116-01
Publication date: December 31st 2021

Introduction
The aim of the State of Indonesia as written in the Constitution of Republic Indonesia Year 1945 is to protect the
entire people of Indonesia and Indonesian nation or social defense. Furthermore, the purpose of the state is also
to develop social welfare and to educate the people, as well as to participate in the implementation of world's
order based on the independency, eternal peace and social welfare.
     However, the growth of terrorism could be an obstacle to incarnate nation's goal. Terrorism is an evil crime
which used violence or threat to create terror or fear of massive victims in order to achieve its main goal that
became  the motive of terrorism. To this time, there is no universal definition of terrorism, United Nation Office
on Drugs  and Crime  (UNODC)   concerning to the prevention of terrorism defined terrorism as a strategy of
violence designed to instill terror in a segment of society in order to achieve some ulterior purposes.1
     In achieving its main goal, terrorism has always done some transformations. One of them is the usage of
hazardous chemicals as explosive precursors of invented weapon known as Improvised Explosive Device (IED)
or homemade   bombs. The  use of hazardous chemicals as explosive material has created the High Explosives
Improvised  Explosive Device (HEs  IED)  and Weapon   of Mass  Destruction (WMD)   such as Radio  Active
Material Weapons and Chemicals  Weapons. These three types of IEDs had been used in some terrorism attack in
several countries including Indonesia.
     The development  of hazardous chemicals used as explosive IED  is not accompanied by law  reform to
regulate and control the usage of hazardous chemicals which had been  used by terrorists. At this time, the
hazardous chemicals are regulated by several laws and regulations that create legal vacuity since the practical
needs and the availability of positive law are not equal. The countermeasure of terrorism required a behavioral
standard in the field of hazardous chemicals circulation and the cooperation of the entire elements of society to
create an early warning system. The early warning system in the field of hazardous chemicals circulation is
essential since it is the last safety guard of terrorism attack.
     The transformation of terrorism using hazardous chemicals as weapons to perform a crime would create
new crimes or trend crimes if it was not accompanied by legal development. According to Slamet Suhartono, this

' Shidarta and Jufrina, 2014, Legal Antinomy Pendulum; Antology 70 Years of Valereine J.L Kriekhoff, Genta Publisihing, Yogyakarta, p.278


1


Journal of Law, Policy and Globalization


I--  ste.Or,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most