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Author	Assoc Prof Rebecca Ananian-Welsh
Organisation/Institution	The University of Queensland, TC Beirne School of Law
Country	AUSTRALIA
Panel	Criminal Law
Title	The Motive Element in Indonesian and Australian Definitions of Terrorism: Lessons for Security, Rights and Regional Harmonisation
Abstract	Almost 25 years has passed since the attacks of 11 September 2001 in New York and Washington, and of 12 October 2002 in Bali. Terrorism, however, remains a significant threat demanding global, regional and domestic responses. Counter-terrorism law is, therefore, critical; however, it rests on the challenging task of defining ‘terrorism’ with legitimacy, precision and sufficient breadth to capture its evolving and multifaceted nature. One of the most controversial aspects of legal definitions of terrorism is the ‘motive element’. Unlike other crimes, terrorism is sometimes defined by reference to why a person engaged in conduct, for instance, their political, religious, security disturbance, or ideological motives. By introducing a motive element into its definition of terrorism in 2018, Indonesia departed from comparable jurisdictions, including other Muslim-majority countries as well as the United Nations. It pivoted to instead align with common law countries such as Australia, where the motive element attracted particular scrutiny (including in in the Independent National Security Legislation Monitor’s 2025 ‘Defining Terrorism’ Inquiry). This paper undertakes a critical analysis of the motive elements in Indonesian and Australian terrorism law. It assesses, first, whether the claimed strengths (or feared weaknesses) of a motive element have been borne out in practice across these two settings and, secondly, what this reveals about the effective and appropriate framing of a motive element. This comparative analysis examines statutory text, legislative history, case-law and enforcement practices in both countries, and evaluates the consequences of the motive element for the protection of security and fundamental rights. We conclude with law reform recommendations for Indonesia and Australia as well as broader lessons for regionally sensitive harmonisation of counter-terrorism laws beyond a one-size-fits-all approach.
Biography	Rebecca Ananian-Welsh is an Associate Professor at the University of Queensland’s TC Beirne School of Law, where she teaches and researches in public law and national security law, is Executive Director of Public Law and Program Manager for the ‘National and Global Security Program’ in the Centre for Public, International and Comparative Law (CPICL), as well as Chief Editor of the University of Queensland Law Journal. Beyond UQ, Rebecca serves on the Australian Association of Constitutional Law’s National Executive Council, the Law Council of Australia’s National Security Law Working Group, the Independent National Security Legislation Monitor’s academic reference group, and is an Adjunct Senior Fellow of Melbourne Law School (University of Melbourne) and Research Fellow at the Centre for Public Integrity. Rebecca’s considerable publication record across the intersecting fields of constitutional law, national security and press freedom includes Australia’s leading constitutional law textbook, Blackshield and Williams: Australian Constitutional Law and Theory (8th ed, The Federation Press, 2024). Her dedication to informing law, policy and the wider community is reflected in frequent media appearances, citations by Australian courts (including the High Court of Australia) and direct engagement with government through, for instance, evidence to parliamentary inquiries and contracted research reports. Rebecca’s research, teaching and impact have been recognised in numerous awards, including an Australian Academy of Social Sciences Paul Bourke Award. Prior to commencing her academic career, Rebecca held positions of litigation solicitor with DLA Piper and legal officer with the Australian Government Attorney-General’s Department. Darul Mahdi is a PhD candidate at the University of Queensland’s TC Beirne School of Law. His doctoral research critically examines the legality of military conduct in domestic security operations in Indonesia, with a specific focus on counterinsurgency and counterterrorism. The research seeks to develop a comprehensive framework that strengthens national security while safeguarding civilians from both domestic security threats and potential military misconduct. Beyond his PhD, Darul is actively involved in academia as a teaching assistant and guest lecturer for undergraduate and postgraduate law courses at the University of Queensland, Australian National University and Universitas Syiah Kuala (Indonesia). He serves as a senior research assistant in the fields of national security, terrorism and war studies, and international humanitarian law, including as lead research assistant on a Commonwealth Government (Independent National Security Legislation Monitor) funded research project involving academics across four Australian Universities, to assist the inquiry into Australia’s statutory definition of ‘terrorist act’. Darul’s commentary has appeared in The Strategist, The Conversation, and the South China Morning Post. He also manages digital content and is a member of the National and Global Security program at the Centre for Public International and Comparative Law (CPICL) at UQ. Darul graduated as valedictorian (LLB, 2014) from Universitas Syiah Kuala and holds a Master of International Law and a Master of International Relations from UQ (2019). Before joining the law school, he spent more than sixteen years as a career official in Indonesia’s Ministry of Finance.