Author
Mr Darul Mahdi
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
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.
