scholarly journals Involvement of the Indonesian National Military (TNI) in Legislation about Anti-Terrorism:

2021 ◽  
Vol 5 (1) ◽  
pp. 63
Author(s):  
Satria Unggul Wicaksana Prakasa

Changes in the international humanitarian legal system in a global context have shifted, as the first war identified with an inter-state ceasefire. Today, the war party is not only a state but also the aftermath of the 9/11 tragedy marked by non-state war actors, a terrorist attack. In Indonesia, the issue of terrorism becomes a serious concern after the first Bali Bombing, the second Bali Bombing, and other terrorist tragedies. Lately, the discourse of TNI involvement in the eradication of terrorism in Indonesia through the formation of the Anti-Terrorism Act. According to the issue, the research problems are (1) TNI's authority elements to combat terrorism in the Indonesian legal system; (2) the International humanitarian law system regulates the involvement of the military on combating terrorism. The results of the study are (1) after the fall of New Order regime in 1998, the dual function of ABRI (Indonesian Armed Forces during Suharto's era) had dissolved, and this implied the limited authority of TNI to maintain the unitary state of the Republic of Indonesia (NKRI) sovereignty at the border. The authority of the TNI on combating terrorism, following Act No.34, 2004 section 7 articles (3) about TNI, mentions that the fight against terrorism deals with criminal methods. Except for war aggression, related to terrorism that threatens the State sovereignty and not against terrorism that occurs in the community on the Anti-Terrorism Act. If TNI wants to be involved in combating terrorism, it must be following the 1945 constitution, of which terrorism is part of non-international armed conflict, in which the power of command is in the hands of the President.

2020 ◽  
Vol 20 (1) ◽  
pp. 23
Author(s):  
Anwar Anwar

This paper examines the historical roots of the emergence of the involvement of the Armed Forces of the Republic of Indonesia (ABRI) in the socio-political field, especially several reasons that form the basis of government policy to involve ABRI in the socio-political and economic fields, as well as ABRI’s own efforts to play a role in these fields. This historical approach research concluded that ABRI’s involvement in the socio-political field in Indonesia had begun since the government of Guided Democracy under President Soekarno. Politically, the reason for Soekarno’s inclusion of the military in his government structure was due to the failure of civilian politicians in formulating state ideology with no agreement between parties in the constituent assembly. This failure is considered to endanger national political stability and threaten the integrity of the country. For this reason, President Soekarno recruited the military to balance civilian politicians in his government. Along with its involvement in the socio-political field, ABRI also plays a role in socio-economics. Although at first, this role was limited to securing national private companies which were legacies of foreign companies, but during the New Order government, the dual function of ABRI was confirmed and its role was wider. Almost all strategic economic sectors are controlled by ABRI.


2021 ◽  
pp. 1-27
Author(s):  
Thibaut Moulin

The emergence of new technologies might challenge our assumptions about biomedical research: medical progress may not only cure but enhance human capacities. In particular, the emergence of brain-machine interfaces will admittedly allow disabled people to move or communicate again, but also has various military applications, such as remote control of drones and avatars. Although there is no express legal framework pertaining to the experimental phase of human enhancement techniques, they are actually constrained by international law. According to international humanitarian law, civilians and prisoners of war may be subjected to experiments only when required by their state of health or for medical treatment. According to international human rights law, experimentations are permissible when they meet two conditions: (i) free consent, and (ii) proportionality (that is, the adequacy of risk and benefit). In light of these conditions, this article assesses the situations in which experimentation involving brain-computer interfaces would be lawful. It also gives specific attention to those experimentations carried out on members of the armed forces. In fact, owing to the military hierarchy and the unique nature of its mission (to protect national security at the risk of their own lives), it is necessary to determine how the military may comply with this legal framework.


2021 ◽  
Vol 6 (22) ◽  
pp. 66-73
Author(s):  
Mahfutt Mahfutt ◽  
Khairil Anwar ◽  
Billi Belladona Matindas

The position of the Military Court is a body that executes the judicial power in the circle of the Indonesian National Armed Forces to enforce the law and justice with due observance of the interest in the state defense and safety. The Military Court is authorized to try the crimes committed by someone who when committing such crime is a soldier of the Indonesian National Armed Forces, a member of a group or office or body or equal to a soldier pursuant to the Law and someone is not included in the said group as set forth in the Law Number 31 of 1997 on Military Court. Following the reform of 1988, the existence of the Military Court is developed by some activists and the public that observe the Military Court, insisting the Parliament of the Republic of Indonesia to revise Law Number 31 of 1997 on Military Court, with the focus point for a soldier of the Indonesian National Armed Forces who commits a general crime to be tried in the General Court with the reason that the Military Court practice is closed in nature, and another reason is the equalization of rights before the law. The method used in this research is the normative law research that is carried out to obtain the necessary data relating to the problem. The data used is secondary data consisting of primary law materials, secondary law materials, and tertiary law materials. In addition, primary data is also used as the support of the secondary data law materials. The data is analyzed by the qualitative juridical analysis method. The results of the research show that the Military Court is one of the mechanisms that are always tried to be maintained. The outcome from the research discovers that the role of the Martial Court in Indonesia remains effective, fair, and democratic to this date realistically marked by fair punishment within the jurisdiction offended, which corresponds to the need of TNI institution in the aspects of Culture, Benefit, Assurance, and Fairness. It is recommended that the RI Government continuously develop and improve the same by maintaining the role of the Martial Court in punishing criminal offenses committed by military members on the Martial Court system currently in force.


2018 ◽  
Vol 15 (1) ◽  
pp. 21
Author(s):  
Fais Yonas Bo’a

Pancasila sebagai sumber segala sumber hukum sudah mendapatkan legitimasi secara yuridis melalui TAP MPR Nomor XX/MPRS/1966 tentang Memorandum DPR-GR Mengenai Sumber Tertib Hukum Republik Indonesia dan Tata Urutan Peraturan Perundang Republik Indonesia. Setelah reformasi, keberadaan Pancasila tersebut kembali dikukuhkan dalam Undang-Undang Nomor 10 Tahun 2004 yang kemudian diganti dengan Undang-Undang Nomor 12 Tahun 2011 tentang Peraturan Perundang-Undangan. Pancasila sebagai sumber segala sumber hukum memberi makna bahwa sistem hukum nasional wajib berlandaskan Pancasila. Akan tetapi, keberadaan Pancasila tersebut semakin tergerus dalam sistem hukum nasional. Hal demikian dilatarbelakangi oleh tiga alasan yaitu: pertama, adanya sikap resistensi terhadap Orde Baru yang memanfaatkan Pancasila demi kelanggengan kekuasaan yang bersifat otoriter. Kedua, menguatnya pluralisme hukum yang mengakibatkan terjadinya kontradiksi-kontradiksi atau disharmonisasi hukum. Ketiga, status Pancasila tersebut hanya dijadikan simbol dalam hukum. Untuk itu, perlu dilakukan upaya-upaya untuk menerapkan Pancasila sebagai sumber segala sumber hukum dalam sistem hukum nasional yaitu: pertama, menjadikan Pancasila sebagai suatu aliran hukum agar tidak terjadi lagi disharmonisasi hukum akibat diterapkannya pluralisme hukum. Kedua, mendudukkan Pancasila sebagai puncak peraturan perundang-undangan agar Pancasila memiliki daya mengikat terhadap segala jenis peraturan perundang-undangan sehingga tidak melanggar asas lex superiori derogat legi inferiori.Pancasila as the source of all sources of law has obtained legitimacy legally through the Decree of the People’s Consultative Assembly Number XX / MPRS / 1966 on the Memorandum of the House of Representatives-Gotong Royong Regarding the Sources of Law and the Order of the Republic of Indonesia. After the reformation, the existence of Pancasila was re-confirmed in Law Number 10 Year 2004 which was subsequently replaced by Law Number 12 Year 2011 on Legislation Regulation. Pancasila as the source of all sources of law gives meaning that the national legal system must be based on Pancasila. However, now the existence of Pancasila is increasingly eroded in the national legal system. This is motivated by three reasons: first, the existence of resistance to the New Order that utilizes Pancasila for the sake of perpetuity of authoritarian power. Second, the strengthening of legal pluralism that resulted in legal contradictions or disharmony. Third, the status of Pancasila is only used as a symbol in law. Therefore, efforts should be made to implement Pancasila as the source of all sources of law in the national legal system: first, make Pancasila as a flow of law in order to avoid legal disharmonization due to the application of legal pluralism. Secondly, Pretend Pancasila as the top of legislation so that Pancasila have binding power against all kinds of laws and regulations so that it does not violate the principle of lex superiori derogat legi inferiori.


Author(s):  
J. Chernykh ◽  
O. Chernykh

Analysis of the foreign experience of the organisation and reformation of the armed forces in other countries, with the respective systems of military education being an integral part, reveals the specific national aspect of such activities in each country. In the meantime, there are some general methodological approaches used in military pedagogic practice across different countries of the world to be practicably considered and applied. The article examines the experience of officers’ training for the armed forces of the Republic of Hungary. The article provides information on the existing network of military educational institutions for the officer training of tactical, operational and strategic level of military command. Requirements for admission to military educational institutions for the officer training of different levels of training has been given. The terms of military specialists’ training on tactical, operational and strategic level have been defined. The analysis of the content of officer training for different armed services of the armed forces and different levels of military administration has been conducted. We used the system of the general scientific methods of theoretical and empirical research, in particular, the theoretical-methodological analysis of the problem and the relevant scholarly resources, systematization and generalization of the scientific information pertaining to the essence and content of the set objectives, monitoring of the existing system of military specialists training in the Armed Forces of the republic of Hungary, scientific generalisation, the general scientific methods of logical and comparative analysis, systems approach, peer review, analysis and interpretation of the obtained theoretical and empirical data. The general structure of the National University of Public Administration, the Faculty of Military Sciences and the training of officers is shown, as well as the main tasks that are solved by the institutes and training centers that are part of it are identified. An analysis of the concept, structure, goals, content and technologies of officers’ training in the armed forces of the Republic of Hungary shows that the military education system reflects the current stage of development of the armed forces, as well as the national cultural specificity of the country. Education and training of officers is carried out on the basis of national cultural and military tradition. The main direction of officers’ training is their fundamental military and professional training in both the military and civilian fields. The content of the officers’ training is based on two military education levels. Each level of military education ends with a certain level of qualification. It is possible to distinguish the general tendencies of development of the higher Hungarian military school: improvement of the quality of applicants’ selection, individualization of training of cadets and trainees, stabilization of their number at the present level; further informatization of the educational process, introduction of multimedia learning tools. Certainly, the positive elements of the experience of the Hungarian army can be used in the training of officers in the Ukrainian Armed Forces under the conditions of gradual transition to the recruitment on a contract basis.


Author(s):  
Anton O. Zakharov ◽  

The award system of Indonesia reflects its political development. The first Order of Indonesia—the Guerilla Star (Bintang Gerilya)—was instituted in 1949, to praise the participants of the anti-colonial struggle for Inde-pendence. Ten years later, the award system of Indonesia included several orders—the Star of the Republic of Indonesia (Bintang Republik Indonesia), the Star of Mahaputera (Bintang Mahaputera), the Sacred Star (Bintang Sakti), the Military Distinguished Service Star (Bintang Dharma), the Guerilla Star, and the Garuda Star (Bintang Garuda). At least four of them were essentially military whereas the Star of the Republic of Indonesia and the Star of Mahaputera may have been bestowed to the army commanders. The connection of the award system with the rise of the Indonesian Army seems obvious. But the state apparatus of Indonesia included many officials who also needed visible signs of recognition. In 1963, President Sukarno instituted a new Order—the Bintang Jasa, or the Star of Service. It serves as a typical award for state officials, politicians and other Indonesian citizens as well as for foreign diplomats whose service to the Indonesian State is considered valuable.


2015 ◽  
Vol 21 (1) ◽  
pp. 253-257 ◽  
Author(s):  
Nikolay Nichev ◽  
Elitsa Petrova

Abstract The specific of the officer’s military management activities lies in its functional responsibilities. The obligations and requirements determine them. The specifics of the military management activities of logistics officer are designated by the statute of military service in the Armed Forces of the Republic of Bulgaria. This article represents the proficiency of the future logistics officers at Vasil Levski National Military University, which is achieved through training in two specialties: military training in “Organization and management of tactical units for logistics” and civil training in “Business Logistics”. In the both, cadets acquire the educational and qualification degree “Bachelor”.


2020 ◽  

This report aims to compile information about relevant measures employed in the implementation of IHL in Germany, without being exhaustive. It therefore addresses the status of IHL in the German legal system, the status and control of the German armed forces as well as measures concerning, inter alia, the protection of civilians and civilian property, and the dissemination and enforcement of IHL. The report will appeal to anyone with an interest in IHL, including government officials, parliamentarians, the staff of non-governmental organisations, academics, journalists and the general public both in and outside Germany.


Author(s):  
DAVID HUMAR

Last year (2020), the Ministry of Defence of the Republic of Slovenia published a monograph by Brigadier General Branimir Furlan, Ph.D., titled Nacionalna (varnostna) strategija (National (security) strategy). It was published in the period following the adoption of the Resolution on the National Security Strategy of the Republic of Slovenia (ReSNV-2) in 2019, and at the time when the process of military strategic consideration and the drafting of a Military Strategy proposal in the Slovenian Armed Forces began. The authors of the latter used the monograph as help and support. The monograph will certainly also be a useful tool for the drafters of the next Defence Strategy and strategic planning documents. For those who use and study the ReSNV-2, this monograph serves as a scientifically based tool facilitating the understanding of the processes behind the drafting and the contents of the resolution as well as its positioning in theory and practice. In addition to the book Marsova dediščina (Mars’s Heritage) by Anton Žabkar, PhD, this monograph is the second Slovene work related to national security strategy, which can help us study the strategic environment, improve strategic thought and theory, and design and implement strategies. Brigadier General Furlan begins by presenting the development and roles of strategies in general, and then focuses on the field of national security. This is also important from the point of view of the contemporary application of strategies, when they are, at least in a popular sense, not applied only to large domains and systems, but also at the "individual" level. In the military and defence domains, this is also essential due to the level of military operation. Consequently, Brigadier General Furlan describes the relations between the strategic, operational, and tactical levels of operation. He guides us through the development of these relations, explaining the current situation where different levels are more interconnected and interinfluencing. This is especially important for countries of the size of Slovenia, where most strategic solutions are implemented at a lower tactical level. Additionally, Brigadier General Furlan explains the difference between operational art and operation(s), and provides Slovene equivalents of English terms. As a result, in addition to the substantive gaps, the monograph also fills the terminological gaps. Throughout the monograph, the author devotes effort to using Slovene terminology and substantiates the important concepts and terminology for the development of the scientific field of strategy theory. By doing this, he encourages the use of Slovene strategy-related terminology in practice both in the military and throughout the national security system. The central part of the monograph presents and explains the elements for the formulation of a national strategy, and describes various strategies and strategic methods, the ways to operate and achieve goals. In the case of the latter, deterrence is particularly important and emphasized. Moreover, it has not been sufficiently emphasized in Slovenian theory and practice, despite the fact that any deterrence is better than war. Escalation and nuclear strategy are also discussed in detail. Both are interesting for Slovenia from the point of view of its EU and NATO memberships and from the point of view of its use of non-owned mechanisms. The monograph also presents some specific but essential strategic factors, technology, geopolitics as well as the international order and transnational strategies that should be taken into account when devising a national security strategy. Special emphasis is placed on strategic communications, which is a concept under development, but will certainly become very important in the future. Brigadier General Furlan successfully connects theory, practice and Slovenian reality. By doing so, he indicates the possibilities of putting the strategy into practice, thus facilitating research of foreign works for attentive researchers and users of the monograph. By comparing foreign systems and analysing different authors, he provides many examples and arguments for the necessary professional and critical strategic thinking, and proves (what he has written in the closing) that the strategic process is about "finding the best approximation of the strategy that will most successfully enable us to achieve the desired end state with the available resources ”. The monograph explains the operational strategy and the development strategy. Both elements make up a comprehensive strategy. The national strategy is always a compromise between several factors, therefore the conclusion of the Brigadier General Furlan, stated in the closing, is very important: "It is essential (according to Betts) that compromises are not made regarding the resources necessary to achieve goals, but regarding the goals." By providing scientific substantiation, examples, and the connection between theory and reality, Brigadier General Furlan showed a direction, also to military officers, towards strengthening the strategic thought, work at the strategic level, as well as towards the devising and implementation of strategies. Strategy is generally a way of creating, and for small countries or armies, finding a favourable strategic situation. This search is one of the basic missions of high-ranking officers and generals at the strategic level, and this monograph can be of great help in this respect. Now retired Brigadier General of the Slovenian Armed Forces Branimir Furlan was one of the most prolific writers in the military. Among other things, he was the key author of the Military Doctrine adopted by the Government of the Republic of Slovenia in 2006. We thus very much look forward to his next book, which will focus on military strategy.


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


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