scholarly journals Pembaharuan Hukum: Peran Tentara Nasional Indonesia Dalam Penanggulangan Aksi Terorisme (Kajian Undang-Undang Nomor 5 Tahun 2018 tentang Pemberantasan Tindak Pidana Terorisme)

2021 ◽  
Vol 8 (3) ◽  
Author(s):  
Arief Fahmi Lubis

The Involvement of the Indonesian National Army in countering terrorism, that is in article 7 paragraph (1) law of Republic of Indonesia number 34 of 2004 concerning the Indonesia National Army  which reads; The main task of the Indonesian National Army is to uphold the sovereignty of the state, maintain the territorial integrity of the unitary state of the Republic of Indonesia based on Pancasila and the 1945 constitution and protect the entire nation and Indonesia’s blooshed from threats and assumptions to the integrity of the nation and state. We Consider that acts of terrorism are based on ideology which want to change the basis of the state, so it is very relevant to the presence of the Indonesian National Army involvement in counterterrorism. The Indonesian National Army authority on the elimination of terrorism is an on going debate. Authority is the making of decisions commanding and accountable to others. The Indonesia National Army authority is given on the grounds that terrorism is seen as a thereat to the integrity and defense of the state. In overcoming the act of terrorism as referred to in paragraph (1) shall be carried out in accordance with the main task and functions of the Indonesia National Army if seen in law number 34 of 2004 concerning the Indonesia National Army, the duties and functions of the Indonesian National Army have a too broad scope including the task of deterrence, repression dan recovery which in a legal perspective can be interpreted as acts of intelligence, investigation, even remdial action. However, the Indonesian Armed Forces crackdown on terrorism should continue to put  the Indonesia police force in the face of effort to avoid actions potentially in frined on human rights.Keyword : authority, the Indonesia Nastional Army, the countermeasure of terrorism and nastional sovereignty.  AbstrakKeterlibatan TNI dalam penanggulangan terorisme yaitu pada pasal 7 ayat (1) Undang-undang Nomor 34 tahun 2004 tentang TNI yang berbunyi; Tugas pokok TNI adalah menegakkan kedaulatan negara, mempertahankan keutuhan wilayah negara kesatuan Republik Indonesia yang berdasarkan Pancasila, UUD tahun 1945 serta melindungi segenap bangsa dan tumpah darah Indonesia dari ancaman dan gangguan terhadap keutuhan bangsa dan negara. Kita ketahui bahwa aksi terorisme berbasis pada ideologi yang berkeinginan merubah dasar negara, sehingga sangat relevan hadirnya keterlibatan TNI dalam penanggulangan terorisme. Kewenangan TNI dalam pemberantasan terorisme merupakan sebuah hal yang masih menjadi perdebatan. Kewenangan merupakan kekuasaan membuat keputusan memerintah dan melimpahkan tanggung jawab kepada orang lain yang diatur oleh hukum. Kewenangan TNI diberikan dengan alasan terorisme dilihat sebagai sebuah tindakan yang mengancam keutuhan dan pertahanan negara. Dalam mengatasi aksi Terorisme sebagaimana dimaksud pada ayat (1) dilaksanakan sesuai dengan tugas pokok dan fungsi Tentara Nasional Indonesia. Jika dilihat dalam UU N0. 34 Tahun 2004 tentang TNI, tugas dan fungsi TNI memiliki ruang lingkup terlalu luas meliputi tugas penangkalan, penindakan dan pemulihan yang dalam perspektif hukum dapat dimaknai sebagai sebagai tindakan intelijen, penyelidikan, penyidikan, bahkan sampai dengan tindakan remedey (pemulihan). Namun demikian, pelibatan TNI dalam pemberantasan terorisme harus tetap mengedepankan profesionalitas Kepolisian Negara Republik Indonesia (Polri) dengan menghindari berbagai tindakan yang berpotensi melanggar hak asasi manusia (HAM).Kata Kunci: Kewenangan; Tentara Nasional Indonesia; Penanggulangan Terorisme dan Kedaulatan NKRI. 

Author(s):  
Dominika Rozborska ◽  

Ensuring security and public order is one of the most important, constitutional objectives of the State and at the same time the task of many public authorities. The Police is leading, uniformed and armed formation in a system of public safety authorities whose overriding operating objective, determined by the legislator is to serve the society by protecting people’s safety and maintaining security and public order. However, in carrying out tasks related to such vast area of activity, the Police does not have to be unassisted. Natural partner for the Police is the army, despite the fact that the main task of the Armed Forces of the Republic of Poland is to protect the State and society from external military threat. This study aims to characterize formal foundations and scope of cooperation between Polish Police and Armed Forces in terms of ensuring security and public order. For this purpose, legal basis for providing support for the Police by the Polish Armed Forces under the laws on: state of emergency, natural disaster, crisis management, the Police, counter-terrorism actions and general obligation to defend the Republic of Poland and issued regulations based on them were examined. This article also refers to the issue of cooperation of the Police with the Armed Forces of the Republic of Poland on the basis of concluded agreements.


2021 ◽  
Vol 12 (1) ◽  
pp. 474-492
Author(s):  
Grzegorz Skrukwa

[„We were not allowed to shoot…”? The Ukrainian Armed Forces in Crimea in the face of the Russian hybrid operation in February and March 2014. The course and conditions of the loyalty crisis] Russia’s annexation of Crimea was carried out as a result of a hybrid operation, combining elements of external aggression and internal rebellion, which was taking place between February 20 and March 26, 2014. The article examines the course and conditions of loyalty crisis in the units of the Armed Forces of Ukraine stationed when in Crimea. The Ukrainian troops did not put up active military reaction to the aggression, although there were many moving acts of moral and symbolic resistance. After the annexation, 70.01% of the military personnel turned over to the occupant or left the service, and only 29.99% remained faithful to Ukraine. The failure of the Armed Forces of Ukraine in Crimea to perform its constitutional duty to defend the territorial integrity and sovereignty of the state was primarily due to the fact that most of the personnel were mentally unprepared for a confrontation with Russia. Most of the soldiers were Crimean locals and shared the pro‑Russian political and cultural orientation of the majority of the Autonomous Republic of Crimea’s population. At the time of the presidency of Viktor Yanukovych in 2010–2014, the Ukrainian defence sector was dismantled and exposed to Russian influence. In February and March 2014, Russia used a whole spectrum of pressure measures against Ukrainian officers: from friendly persuasion, through demonstration of technological and organizational superiority of Russian forces, to the bribes and intimidation. The post‑Maidan Ukrainian authorities realized that most of the Ukrainian soldiers in Crimea were demoralized, and the climate in the Navy Command was almost „treacherous”. Most likely because of what was mentioned above, but also considering the general international situation, the order to defend Crimea was not being issued. The Ukrainian soldiers in Crimea were simply to follow by a „hold on” directive.


2019 ◽  
Vol 87 (4) ◽  
pp. 162-169
Author(s):  
V. V. Chumak

The current state of activity of the Armed Forces of the Baltic States such as Latvia, Lithuania and Estonia has been studied. The experience of the Armed Forces of these countries in ensuring collective defense, security and peace in accordance with NATO standards has been analyzed. It is stated that the National Armed Forces of the Republic of Latvia is a group of troops intended to protect the fundamental freedoms, independence and territorial integrity of the state. It’s a part of the Ministry of Defence of Latvia. It is emphasized that the Armed Forces of the Republic of Lithuania are a state military organization whose purpose is to protect the territorial integrity and inviolability of the state. It is a structural unit of the Ministry of National Defence Republic of Lithuania. It is noted that the Armed Forces of Estonia (Defence Forces) is a military organized unit of the Executive authority, which is headed by the government of the Republic and the Ministry of Defence of Estonia. It is stated that the activities of the Armed Forces of the Baltic States are carried out on the principle of collective defence of the North Atlantic Treaty Organization, which task is to protect the member States from military threat. Based on the analyzed experience of the Baltic States’ Armed Forces, it has been concluded that the effective functioning and activities of the Armed Forces depends on a clear definition of the main priorities in the field of defenсe, chains of international community and valid logistical support. It is noted about the possible implementation of certain positive provisions regarding the transformation about the integrated leadership system of the defenсe forces and military management in the Armed Forces in accordance with NATO standards and the provision of advisory assistance.


Author(s):  
S. Kazmiruk ◽  
I. Pampukha ◽  
N. Blyzniuk

The year 2021 was proclaimed the year of the Euro-Atlantic transformation at the Department of Defense of Ukraine. The result of such transformational processes in the DoD of Ukraine and the Armed Forces of Ukraine will be the creation of the integrated Euro-Atlantic type defense institution that will ensure their obligatory transformation, together with the other subjects of the security and defense sector of Ukraine to the new standards functioning and the command and control procedure. In particular, the introduction of legal regulation of the use of the polygraph. Military security is one of the fundamental requirements to implement the right of the people of Ukraine on self-identification, preserve Ukraine as a state and secure its sustainable development. The protection of the sovereignty and territorial integrity of Ukraine is the utmost valuable function of the State. The fulfillment of this norm of the Constitution of Ukraine in terms of existential military threat to national security requires applying a number of measures and defensive actions that adhere to the principles and norms of international law. The main purpose of the Strategy of the military security of Ukraine is a preliminary prepared and comprehensively maintained all-encompassing defense of Ukraine based on the principles of deterrence, sustainability, and cooperation that ensures military security, sovereignty, and territorial integrity of the state by introducing innovative tools to detect hidden information. In the course of the Euro-Atlantic integration process, there is a critical moment to start carrying out specific, complex, and relevant tasks in the sphere of external political activity that facilitate the implementation of relevant directions in developing innovative systems aimed at identifying concealed and false information. Particularly, the linguistic support of events of defense and military cooperation in order to systematically implement the reforms of the security and defense sector that are directed to meet the international NATO-members' standards. It is also relevant to urgently implement the legal and ethical norms on the activity of the polygraph examiner's when performing a psychophysiological detection of deception using a polygraph.


Desertion ◽  
2020 ◽  
pp. 114-140
Author(s):  
Théodore McLauchlin

This chapter investigates the militia summer of 1936, which had been a summer of both chaos and valor in the defense of the Republic. It describes the militias that arose to fight the rebels, which varied widely in their insistence that combatants send costly signals of commitment to fight. It also clarifies how the Republic transformed its armed forces to regularize them and put power back in the hands of the state by imposing military discipline and a single command structure on its militia forces. The chapter argues that the new discipline rules imposed costly signals of commitment on volunteers, requiring that they sign on to more demanding forms of warfare. It discusses the Republic's recruitment of less-committed troops by imposing conscription at the same time.


2020 ◽  
Vol XIII ◽  
pp. 1-1
Author(s):  
Justyna Lipińska

The conflict in Ukraine in 2014 raised questions in Poland about the legitimacy and effectiveness of the reform of the Polish army, which began in 2009. The abandonment of universal conscription and professionalization of the army resulted in a decrease in the number of people who underwent military training. And this began to raise concerns about the security of the state and its citizens. Research on the professionalization of the army and the impact of this decision on the increase or decrease of threats is important for Polish citizens. The article presents social opinions on this topic


Author(s):  
Baurzhan ABZHANOV

The article examines the specifics of the activities of the state and military management bodies of the Republic of Kazakhstan to counter terrorism at the present stage. The necessity of using the Armed Forces in countering terrorism in the context of military security has been substantiated. The interaction of various state structures, power structures and civil society institutions is analyzed.


Author(s):  
Vladimir S. Ivanov

The experience of implementing the state youth policy on the scale of individual subjects of the country, which has its own regional specifics and ethno-confessional features, is of scientific interest. In this regard, the article examines individual pages of implementing the youth policy in the Chuvash Republic (ChR) in the 1990s – early 2000s on the basis of diverse sources and research literature. Separately, the author focuses on some aspects of educational work, creative self-realization of young people and student self-government. The article provides information on the state policy formation, which is reflected in the adoption of a number of laws and regulations governing its activities. It is noted that in order to directly implement the youth policy on the ground, state and municipal government bodies were created to address the issues of the younger generation. As a result, the Ministry of Education and Youth Policy of the Chuvash Republic became the main authority in this area of work, which became the legal successor of the Ministry of Education of the Chuvash Republic and the State Committee for Youth Affairs of the Republic. As a result, the author comes to the conclusion that in the 1990s – early 2000s, the educational institutions of the republic developed an independent system of work with the student community, which was reflected in the emergence of student councils, trade union committees, clubs, scientific societies. Their main task was to organize leisure activities for young people in order to improve their intellectual and creative level. The developed set of measures in the form of state youth awards of Chuvashia, as well as scholarships for representatives of the youth and students of the Republic for special creative aspiration created conditions for the selection and further creative self-expression of talented young people.


Author(s):  
TANJA KREMŽAR KOVAČ

V prispevku je predstavljen pojav epidemije covida-19 v Republiki Sloveniji, s poudarkom na delovanju Slovenske vojske. Opisujemo odziv Slovenske vojske na epidemijo in postopke ter procese, ki jih je izvajala na svojih nalogah tako doma kot v mednarodnih operacijah in na misijah v tujini, ter omogočila dodatno podporo državi in državljanom pri spoprijemanju z novim virusom. Poudarek je na postopkih in procesih, vodenih v Vojaški zdravstveni enoti, za spremljanje epidemioloških razmer. Delovanje Slovenske vojske, ki se navezuje na delovanje njihovih zdravstvenih enot med epidemijo covid-19, primerjamo z nekaterimi drugimi oboroženimi silami. Ključne besede covid-19, epidemija, virus, Slovenska vojska, Vojaška zdravstvena enota. Abstract The article presents the phenomenon of the COVID-19 epidemic in the Republic of Slovenia with focus on the activities of the Slovenian Armed Forces. It describes the response of the Slovenian Armed Forces to the epidemic, and the procedures and processes applied as part of its missions at home and in international operations and missions abroad. These activities provided additional support to the state and its citizens in dealing with the new virus. The emphasis is put on the procedures and processes of the Military Medical Unit aimed at monitoring the epidemiological situation. Additionally, the epidemic-related activities of the Slovenian Armed Forces and its medical units are compared to the activities of several other armed forces. Key words COVID-19, epidemic, virus, Slovenian Armed Forces, Military Medical Unit


2021 ◽  
pp. 002200942199791
Author(s):  
Josep Puigsech Farràs

The Politburo of the All-Union Communist Party (Bolsheviks), with Stalin at its head, began its intervention in Spain in September 1936. From the beginning, Stalin understood very clearly what the logic, goals and mechanisms of Soviet intervention in Spain should be. He approved the Spanish Republican Government’s request for Soviet aid, but one of the Republic’s autonomous regions held surprises. Catalonia proved itself an unpredictable and, at times, undesirable player with respect to the USSR. This was due to a series of idiosyncrasies of the region that were incomparable throughout the Spanish Republic or indeed throughout the rest of Europe, making it necessary to seek unorthodox solutions. The two main focuses were the internal relations of the international communist movement led from Moscow and the interstate political relations between the Republic and the USSR. The dynamics generated were unique at both the Spanish and European level, and led to various hiccups for the Soviet intervention in Spain. On the basis of primary evidence found in Russian archives, this article examines how local dynamics affected, pressurised and shaped an intervention model that was conceived from the perspective of the state, standardisation and centralisation.


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