To see the other types of publications on this topic, follow the link: Desertion Military Indonesian National Army.
Journal articles on the topic 'Desertion Military Indonesian National Army'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Desertion Military Indonesian National Army.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
KUSUMA PURWANTA, I. WAYAN, Anak Agung Sagung Laksmi Dewi, and Ni Made Sukaryati Karma. "Akibat Hukum Bagi Prajurit TNI Melakukan Tindak Pidana Desersi yang Diputus In Absentia dalam Praktek Pengadilan Militer Iii-14 Denpasar." Jurnal Konstruksi Hukum 2, no. 1 (2021): 123–27. http://dx.doi.org/10.22225/jkh.2.1.2980.123-127.
Full textAbstract:

 The Republic of Indonesia is a State based on Law. Every Indonesian citizen is obedient and submissive to the law including Indonesian National Army Soldiers (TNI). Soldiers of the Indonesian National Army besides submitting to general legal rules such as the Criminal Code (KUHP) and also subject to special rules that only apply to soldiers of the Indonesian National Army namely the Criminal Law Code Military (KUHPM) and Military Disciplinary Law (KUHDM). Discipline is a basic milestone for Indonesian National Army Soldiers in carrying out their duties. If a Indonesian National Army Soldiers lacks discipline in his life order it can be the cause of a crime. Based on this matter the following issues will be discussed (1) What are the factors that cause Indonesian National Army Soldiers to commit a crime of desertion (2) What is the legal consequence of the In Absentia ruling for Indonesian National Army Soldiers who commit a crime of desertion. The method used is a juridical- empirical research method. The results of the study stated that due to the In absentia law a Indonesian National Army Soldiers committing a Desertion criminal act would remain on trial without the presence of the defendant and be sentenced to prison with additional punishment in the form of dismissal from military service.
2
Hadi Syahputra, Eko. "Criminal Law Policy On The Crime Of Desertion Performed By Members Of The Indonesian National Army." International Journal of Educational Research & Social Sciences 3, no. 4 (2022): 1459–72. http://dx.doi.org/10.51601/ijersc.v3i4.448.
Full textAbstract:
An absolute requirement in military life is to comply with TNI regulations and official orders from each superior in order to uphold a life in the military that is full of high awareness. If these things are violated (desertion), it will only shake the joints of discipline and order in the TNI. The formulation of the problems in this study are: 1) What is the criminal law policy on desertion crimes committed by members of the Indonesian National Armed Forces? 2) What are the obstacles to criminal law policies against desertion crimes committed by members of the Indonesian National Armed Forces and what are the solutions. The author uses a normative juridical approach. The sociological juridical approach emphasizes research that aims to obtain legal knowledge empirically by going directly to the object related to this research. The results of this study are: 1) The criminal law policy against the criminal act of desertion in Indonesian military law is clearly regulated in Article 87 of the Criminal Procedure Code and the punishment for members who become the perpetrators of desertion is regulated in Article 88 of the Criminal Procedure Code. The application of military law against the perpetrators of the crime of desertion as a Military Member (TNI) carries a heavier penalty than the threat of punishment found in the general public, because the military is not only armed to maintain security but must be disciplined, instead of using desertion. Desertion in this case is absence without permission, intentionally for 30 consecutive days. 2) Obstacles in the implementation of military law against members of the Indonesian National Armed Forces (TNI) who commit the criminal act of desertion in general because the investigations carried out by Military Police investigators still often do not meet the formal and material requirements.
3
Sangkara, Rismoyo Kurnia, and Riska Andi Fitriono. "Penanggulangan Tindak Pidana Desersi di Oditurat Militer (Studi Kasus di Oditurat II-07 Jakarta)." PLEDOI (Jurnal Hukum dan Keadilan) 3, no. 1 (2024): 48–58. http://dx.doi.org/10.56721/pledoi.v3i1.308.
Full textAbstract:
Soldiers of the Indonesian National Army (TNI) are expected to be ready to carry out their duties and obligations and obey the rules and traditions of the command, but it has become a common thing in the military today if soldiers leave their unit without giving reasons or permission from their superiors. In addition to law enforcement activities, the purpose of this study is to identify the factors that contribute to the occurrence of the crime of desertion of TNI members. The method used in this research is Juridical-Empirical research, where information is collected through interviews with people involved in desertion criminal cases as well as by accessing literature data related to this research. The results showed that there are two main factors that cause the criminal act of desertion of TNI members, namely internal factors including mental and emotional states. External factors include the work atmosphere, family environment and economic factors in general which cause TNI to break the law by deserting. In the settlement carried out by the Unit, namely making a Military Police report, the Military Police conducts an investigation and investigation, then the Military Oditur issues an indictment, demands and the Military Court gives a decision. Based on this research, the author provides advice to the Government to pay more attention to the welfare of the TNI and to Military Units that receive applicants for the Indonesian National Army to pay more attention to physical and psychological conditions so that TNI members are more characterized and reflect an authoritative military attitude in the future.
4
Dwi, Tatak Subagiyo. "Criminal Accountability of Members of the Indonesian National Army (TNI) Who Perform Desersion." International Journal of Social Science And Human Research 06, no. 06 (2023): 3389–99. https://doi.org/10.5281/zenodo.8029452.
Full textAbstract:
This study aims to find out the form of criminal responsibility for members of the TNI who commit crimes and the efforts of TNI deserters who commit criminal acts of desertion to reunite. This research is a normative research which seeks to study and explore and find answers about what should be from every problem based on norms, not examining social phenomena that occur as a result of legislation. The approach used in this study is a statutory approach and a conceptual approach. This approach is used because in solving the problems in this study, it will refer to existing and related laws. The results of this study indicate that this form of criminal responsibility can be in the form of a crime of desertion of goods which is a basic crime of imprisonment regulated in article 6a paragraph 2 of the Criminal Procedure Code. And additional punishment in the form of dismissal from military service, this is regulated in paragraph 1 of Article 6b of the Criminal Procedure Code. And efforts that can be made by military deserters who commit these crimes are asked to be accompanied by a lawyer to help resolve the deserters' problem completely.
5
Djarkasih Putro, Sapto Handoyo, Nazaruddin Lathif, John P. Simanjuntak, and Lilik Prihatini. "Application of Criminal Sanctions Against Indonesian National Army Soldiers Perpetrators of the Crime of Desertion." International Journal of Multicultural and Multireligious Understanding 10, no. 12 (2023): 23. http://dx.doi.org/10.18415/ijmmu.v10i12.5398.
Full textAbstract:
Soldiers of the Indonesian National Army (abbreviated as TNI) have been specially prepared to guard, protect and defend the security and sovereignty of the Unitary State of the Republic of Indonesia (NKRI). In carrying out their duties, TNI members are limited by military laws and regulations, so that all actions they carry out must be based on applicable laws and regulations. In order to guarantee and support the implementation of the TNI's important roles and tasks, special regulations have been made that apply to TNI members, in addition to general regulations. In carrying out their duties and obligations towards the state, a member of the TNI is not immune from legal problems, for example there are members of the TNI who commit a crime, namely the crime of desertion. Dissertation is an act of withdrawing from carrying out TNI service obligations as regulated in Article 87 of the Military Criminal Code (KUHPM). The application of criminal sanctions in the criminal act of desertion committed by TNI soldiers intentionally in peacetime longer than 30 (thirty) days, then they can be sentenced as regulated in Article 87 paragraph (1) 2nd j uncto paragraph (2) KUHPM with a maximum threat of imprisonment of 2 (two) years and 8 (eight) months.
6
Akhmad Alfin, Esti Ningrum, Agoes Djatmiko, and Haris Kusumawardana. "Penerapan Hukum Militer Terhadap Anggota Militer Yang Melakukan Desersi Berdasarkan Kitab Undang- Undang Hukum Pidana Militer." Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma 26, no. 2 (2024): 27–37. http://dx.doi.org/10.51921/chk.8w8fcn18.
Full textAbstract:
The aim of this research is to determine the process of applying military law to military members who commit the crime of desertion based on the military criminal code and to find out the obstacles to military law against military members who commit the crime of desertion based on the military criminal code. The type of research in writing this thesis is normative juridical research, and the approach method used is law, analytical and case approaches with clinical legal research writing of a perspective nature. The data collection technique was a literature study. The results show that the application of military criminal law to members of the Indonesian National Army who are proven to have committed a criminal act of desertion is the authority of the military court to try them, then the stages are in the form of investigations carried out by the Military Police on the orders of a superior who has the right to punish (Ankum). Then the investigation file is given to the military prosecutor to be studied, then the military prosecutor makes the indictment to be submitted to the military court, after the court feels that the files from the military prosecutor are sufficient, the military court will try military personnel accused of desertion. Furthermore, the constraints in law enforcement related to the crime of desertion are viewed from 4 interrelated aspects, namely concerning the substance of the law, the legal structure itself, facilities or infrastructure, and society. Settlement of cases in military justice is currently well regulated, however, it is hoped that all those who play a role in the military case settlement process carry out all these stages based on Justice and Positive Law. Keywords: Desertion, Indonesia Military, Military Crime
7
Nainggolan, Yolanda, and July Esther. "Legal Settlement of The Crime of Desertion in Absentia in The Jurisdiction of Military Court I-02." Golden Ratio of Data in Summary 5, no. 2 (2025): 278–83. https://doi.org/10.52970/grdis.v5i2.823.
Full textAbstract:
One type of criminal offense that is often committed by Indonesian National Army (TNI) Soldiers is the crime of desertion as regulated in Law Number 39 of 1947 concerning the Military Criminal Code (KUHPM) precisely in Article 87 which is an act committed by a TNI Soldier to leave military service without superior permission, at a specified time and place. The crime of desertion has the main characteristic of unauthorized absence committed by an army person at a place. The absence can be in the form of traveling to a place, hiding oneself, crossing the enemy, entering the military service of another country, or deliberately making oneself left behind. The settlement of cases of desertion crimes often finds several problems, one of which is that the person who committed the crime of desertion cannot be found, which causes the examination process to be carried out in the absence of the defendant (In Absentia). In Absentia, an examination is carried out so that the case is resolved quickly to uphold the discipline of soldiers and maintain the integrity of the troops. Including the case of the case submission that was not examined because from the beginning, the defendant fled and was not found again within 6 (six) consecutive months from the date of submission of the case file and 3 (three) consecutive summons efforts have been made. An examination can be conducted and decided without the defendant's presence in court.
8
Pramudaya, Vincentius, Sujono Sujono, and Sudarto Sudarto. "LEGAL ANALYSIS OF TNI SOLDIERS WHO COMMIT THE CRIMINAL ACT OF DESERTION IN THEIR JURISDICTION TGKH. M. ZAINUDIN ABDUL MADJID AIR FORCE BASE." LITERATUS 6, no. 1 (2024): 348–59. http://dx.doi.org/10.37010/lit.v6i1.1682.
Full textAbstract:
The Indonesian National Army (TNI) is part of Indonesian society that is trained and educated to maintain the integrity of the Republic of Indonesia. TNI has a life guideline in carrying out its official life, namely Sapta Marga and the Soldier's Oath to improve discipline in the TNI's official life. However, TNI members are only ordinary people, not free from mistakes and actions related to crime. One of them is the crime of desertion during peacetime. The crime of desertion during peacetime is a crime committed by military members by mistake or intentionally being absent without permission for 30 days. This type and research is a qualitative analysis research using primary data in the form of interviews and secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of the research are to examine the problems and find answers regarding legal policies, law enforcement and future regulations regarding the crime of desertion during peacetime committed by military members in the regionlaw of TGKH Air Force Base. M. Zainudin Abdul Madjid with a case study of Judge's Decision Decision Number 23 K/PM.III-14/AU/IV/2024 & Decision Number 25-K/PM.III-14/IX/2022.
9
Akhmad Alfin, Esti Ningrum, Agoes Djatmiko, and Haris Kusumawardana. "Penerapan Hukum Militer Terhadap Anggota Militer Yang Melakukan Desersi Berdasarkan Kitab Undang- Undang Hukum Pidana Militer." Cakrawala Hukum: Majalah Ilmiah Fakultas Hukum Universitas Wijayakusuma 26, no. 2 (2024): 27–37. http://dx.doi.org/10.51921/8w8fcn18.
Full textAbstract:
The aim of this research is to determine the process of applying military law to military members who commit the crime of desertion based on the military criminal code and to find out the obstacles to military law against military members who commit the crime of desertion based on the military criminal code. The type of research in writing this thesis is normative juridical research, and the approach method used is law, analytical and case approaches with clinical legal research writing of a perspective nature. The data collection technique was a literature study. The results show that the application of military criminal law to members of the Indonesian National Army who are proven to have committed a criminal act of desertion is the authority of the military court to try them, then the stages are in the form of investigations carried out by the Military Police on the orders of a superior who has the right to punish (Ankum). Then the investigation file is given to the military prosecutor to be studied, then the military prosecutor makes the indictment to be submitted to the military court, after the court feels that the files from the military prosecutor are sufficient, the military court will try military personnel accused of desertion. Furthermore, the constraints in law enforcement related to the crime of desertion are viewed from 4 interrelated aspects, namely concerning the substance of the law, the legal structure itself, facilities or infrastructure, and society. Settlement of cases in military justice is currently well regulated, however, it is hoped that all those who play a role in the military case settlement process carry out all these stages based on Justice and Positive Law. Keywords: Desertion, Indonesia Military, Military Crime Abstrak. Penelitian ini adalah untuk mengetahui proses penerapan hukum militer terhadap anggota militer yang melakukan tindak pidana desersi berdasarkan kitab undang-undang hukum pidana militer dan untuk mengetahui kendala-kendala hukum militer terhadap anggota militer yang melakukan tindak pidana desersi berdasarkan kitab undang-undang hukum pidana militer.Jenis penelitian pada penulisan skripsi ini adalah penelitian yuridis normatif, dan metode pendekatan yang digunakan adalah Undang-undang, analitis dan pendekatan kasus dengan penelitian hukum klinis bersifat prespektif. Teknik pengumpulan datanya dilakukan studi kepustakaan. Hasil penelitian menunjukkan bahwa Penerapan hukum pidana militer terhadap anggota TNI yang terbukti melakukan tindak pidana desersi merupakan wewenang dari peradilan militer untuk mengadilinya, kemudian tahapan- tahapannya berupa penyelidikan yang dilakukan oleh Polisi Militer atas perintah dari Atasan Yang Berhak Menghukum (Ankum). selanjutnya berkas penyelidikan diberikan kepada Oditur Militer untuk dipelajari, maka oditur militer membuat surat dakwaan untuk dilimpahkan ke Peradilan Militer, setelah peradilan merasa cukup dengan berkas dariOditur Militer, maka peradilan militer akan mengadili anggota militer yang didakwakan melakukan desersi. Selanjutnya kendala dalam penegakan hukum terkait tindak pidana desersi ditinjau dari 4 aspek yang saling berkaitan yaitu berkenaan dengan subtansi hukum, struktur hukum itu sendiri, sarana atau prasarana, dan masyarakat. Penyelesaian perkara dalam peradilan militer pada saat ini telah di atur dengan baiknya, akan tetapi diharapkan semua yang berperan dalam proses penyelesaian perkara militer melakukan semua tahapan tersebut dengan berasaskan Keadilan dan Hukum Positif. Kata Kunci: Desersi, TNI, Pidana Militer
10
Dr., Marios Kyriakidis. "" Fugitives of War: Desertion, Defection, and Military Disobedience in the Greek Army (1821–1949)"." ISRG Journal of Arts Humanities & Social Sciences (ISRGJAHSS) III, no. I (2025): 449–60. https://doi.org/10.5281/zenodo.14856360.
Full textAbstract:
<strong>Abstract</strong> <em>Military history often glorifies heroism, discipline, and loyalty, leaving the stories of desertion, defection, and military disobedience largely unexamined. This study, "Fugitives of War: Desertion, Defection, and Military Disobedience in the Greek Army (1821–1949)," explores the phenomenon of military desertion across pivotal moments in modern Greek history. From the Greek War of Independence (1821–1829) to the Greek Civil War (1946–1949), this research examines the motives, consequences, and historical silence surrounding Greek soldiers who abandoned their posts, defected to enemy forces, or actively resisted military authority.</em> <em>Using a multi-disciplinary approach that integrates military sociology, war studies, and political history, this study reconstructs cases of desertion through archival military records, court-martial documents, war diaries, intelligence reports, and press accounts. It investigates how desertion was influenced by factionalism, ideological conflicts, battlefield conditions, and external pressures across different historical periods. Special attention is given to the role of desertion in the Asia Minor Campaign (1919–1922), World War II (1940–1944), and the Greek Civil War (1946–1949), where shifting allegiances had profound military and political consequences.</em> <em>This study argues that desertion was not simply an act of cowardice or treason, but often a rational response to extreme wartime conditions, ideological shifts, or national fragmentation. By shedding light on an unspoken and taboo aspect of Greek military history, this research challenges nationalist and triumphalist narratives, offering a more nuanced understanding of war, loyalty, and state power. Ultimately, it highlights how desertion shaped both military strategy and historical memory, urging a re-evaluation of modern Greek military history beyond its heroic myths.</em> <strong>Keywords: </strong><em>Military Desertion, Defection, Greek Army, War and Ideology, Military Justice, Historical Memory</em>
11
Prakamto, Rudy Dwi, Teguh Prasetyo, and Sator Sapan Bungin. "Implementation of the Military Law on Military Members Involved in the Crime of Desertion." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 4, no. 1 (2024): 442–56. https://doi.org/10.57235/aurelia.v4i1.3767.
Full textAbstract:
Desertion is a military crime involving members of the Indonesian National Armed Forces (TNI) leaving their duties or military obligations without proper authorization from their superiors. Desertion has serious implications for military discipline, cohesion, and operational efficiency, and it can threaten national defense. The legal enforcement of desertion offenses is regulated under the Military Penal Code (KUHPM), particularly Articles 87 and 88. The process of handling desertion cases involves investigation by the Military Police (POM), investigation by military investigators, and trial by military courts that issue rulings according to the applicable laws. The penalties imposed vary, ranging from imprisonment, demotion, dishonorable discharge, and even the death penalty during wartime.This study aims to explore in-depth the implementation of military law on individuals who commit desertion and to analyze the factors causing desertion. These factors include personal issues, psychological pressure, and unfavorable working environments. The study employs a normative juridical method, with an approach focused on relevant regulations and military court case studies concerning desertion offenses. The findings show that the application of military law to desertion is a crucial effort in maintaining the stability, discipline, and integrity of the TNI. However, there are several challenges in enforcing the law, such as internal and external factors affecting military personnel. In the relationship between the Military Penal Code (KUHPM) and the Criminal Code (KUHP), both are complementary, where general crimes are regulated by the Criminal Code (KUHP), while offenses related to military duties are governed by the Military Penal Code (KUHPM). This study recommends strengthening law enforcement and discipline training to minimize desertion within the military.
12
S, RREkoWidyAstuty, Aswanto a, Muhadar a, and Marwati Riza. "LAW ENFORCEMENT FOR DESERTION CRIME OFFENDER OF INDONESIAN NATIONAL ARMY." International Journal of Advanced Research 6, no. 3 (2018): 1181–86. http://dx.doi.org/10.21474/ijar01/6782.
Full text
13
Marwita, Paulin, Sutarno, and Adriano. "The Urgency of Hospital Internal Regulations in Governance of Indonesian National Army Hospital." JILPR Journal Indonesia Law and Policy Review 5, no. 1 (2023): 75–87. http://dx.doi.org/10.56371/jirpl.v5i1.169.
Full textAbstract:
This research analyzed the component of hospital bylaws in the corporate governance of the Indonesian National Army Hospital and the urgent of hospital bylaws in association with protection and legal certainty of the Indonesian National Army Hospital. As a legal subject, the Indonesian National Army Hospital has certain legal obligations and they are not free from lawsuits, therefore the Indonesian National Army Hospital must equip themselves with adaptive and up to date hospital by laws that provide protection and legal certainty to the medical officers in peace and armed-conflict time. The hospital bylaws must contain the characteristics of the Indonesian National Army Hospital including code of ethics for military medicine, Indonesian National Army law, military discipline law, military court law, humanitarian law, human rights law and also describing the relationship between the owner of the hospital, in this case the chief of the staff of the army, with the head of the hospital and medical staff. Therefore, this research is juridical-normative research using statute, conceptual and comparative approaches.
14
Mraka, Igor. "Conscription that didn’t happen (as to the question regarding the attempt for the conscription of Ukrainians into the Polish army in 1920)." Problems of slavonic studies 69 (2020): 173–93. http://dx.doi.org/10.30970/sls.2020.69.3500.
Full textAbstract:
Background: In the summer of 1920 the Polish-Soviet reached its apogee. While Soviet troops were approaching Warsaw, the fate of Polish statehood was to be decided. Having suffered numerous casualties, captivity and desertion of servicemen, the Polish army needed additional replenishment. Desertion, panic, self-harm of the military turned out to be especially destructive for the army, which badly undermined its fighting capacity. Under such circumstances, the Polish authorities took the decision to conduct general conscription campaign, which also included national minorities. The topic of conscription into the Polish army in the summer of 1920 in Eastern Galicia, involving also Ukrainians, has not been the subject of special investigation. Some aspects are only partially mentioned in the works by Polish researchers. Domestic scientists have hardly touched upon this problem. Given this, the following topic remains its relevance. Purpose: The work is aimed to analyze the circumstances under which the military-political authority decided to conduct additional conscription campaign into the Polish army in the summer of 1920, to determine the attitude of conscripts to military service duty, and to reveal the factors that influenced the mobilization and its results. Results: The conscription campaign in Eastern Galicia in the summer and autumn of 1920 did not live up to the country authority’s expectations, since most conscripts avoided joining the army. That was due to the unfavorable development of the situation at the front (Soviet offensive, desertion), disorganization of the administrative apparatus, because of panic, and hasty evacuation), infectious diseases, Soviet propaganda. The failure of conscription was also caused by some subjective factors such as low level of national consciousness of recruits, poor understanding of the tragic circumstances in which the country found itself, unwillingness to serve and fight owing to the work in households, survival instinct, and cowardice. The attempt and idea to conscript Ukrainians into the Polish army was unrealistic from the very beginning due to the tense social and political relations, the negative attitude of Ukrainians towards the Polish state, and the unpredictable outcome of the situation in case of increasing number of Ukrainians in the army. Therefore, realizing the challenges associated with the growth of the number of Ukrainians in the army especially at the front country's authorities refused to implement this plan. Key words: 1920, Polish Army, deserters, conscription, Eastern Galicia, national consciousness.
15
Yusuf, Farida Nuraeni, R. Ira Irawati, and Mas Halimah. "ANALISIS FAKTOR-FAKTOR YANG MEMPENGARUHI KINERJA TENTARA NASIONAL INDONESIA DI KOMANDO DISTRIK MILITER 0618/BS KOTA BANDUNG." JURNAL GOVERNANSI 5, no. 2 (2019): 110. http://dx.doi.org/10.30997/jgs.v5i2.2173.
Full textAbstract:
The Indonesian National Army performance in 0618/BS Military District Command of Bandung City is influenced by many factors. The purpose of this research is to find out the most dominant factors influencing the Indonesian National Army performance in 0618/BS Military District Command of Bandung City. The method of this research is the mixed method that the researchers use two methods, namely quantitative and qualitative methods. The techniques of data collection are observation, questionnaires using Likert’s scale, interview, and literature study. In this research, the researchers analyze five factors, namely personal factor, leadership factor, team factor, system factor, and contextual factor. Based on five factors, the results of the analysis indicate that the most dominant factor is the personal factor. It means that the Indonesian National Army is an idealized work and the members of the Indonesian National Army happily conduct the work. Moreover, the second factor that dominantly influences the performance is the leadership factor. It means that the leader mostly influences the Indonesian National Army performance in 0618/BS Military District Command.Keywords: Employee Performance, Performance Factors, TNI.
16
Sahlepi, Muhammad Arif. "Eksistensi Pemberian Bantuan Hukum Terhadap Anggota Tentara Nasional Indonesia-Angkatan Darat Yang Melakukan Tindak Pidana." Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 23, no. 2 (2024): 221–29. http://dx.doi.org/10.30743/jhk.v23i2.8776.
Full textAbstract:
This article aims to analyze the current social life that should be equipped with military forces or often known as the Indonesian National Army as an apparatus that defends the sovereignty of the state and protects and protects the community from military and armed threats. In the regulation of legal aid to soldiers who commit criminal acts in accordance with the rules of legal aid according to the military justice law, criminal sanctions given to soldiers who commit criminal acts such as getting military disciplinary sanctions, imprisonment, administrative and scorcing or PTDH (Dismissal Not Honorably). the regulation of legal aid to Indonesian Army Soldiers who commit criminal acts, is regulated in the regulation of legal aid according to KUHAP, according to the Military Justice Law, Law R.I. Number 34 of 2004 concerning the Indonesian National Army, Rules of the TNI Commander and its derivatives and according to Law R.I. Number 16 of 2011 concerning Legal Aid. Keywords: Provision of Legal Aid; Indonesian National Army
17
Kania, Leszek. "Stosunek społeczeństwa polskiego i mniejszości narodowych do obowiązku służby wojskowej w czasie wojny z Rosją bolszewicką (luty 1919 – listopad 1920)." Przegląd Historyczno-Wojskowy 21, no. 3 (2020): 47–79. http://dx.doi.org/10.32089/wbh.phw.2020.3(273).0002.
Full textAbstract:
The article is devoted to the protection of the combat capability of the Polish Army front troops from negative phenomena lowering their morale and discipline during the war with Bolshevik Russia in 1919–1921, and the attitudes of the Polish society and national minorities towards fulfilling their military service. After regaining independence, the war for independence and eastern borders had to be fought with a traditionally aggressive neighbor, Bolshevik Russia, which wanted to take advantage of the limited capabilities of a country ruined by wars, the enormous internal difficulties of a state united from three partitioned districts, the apparent attractiveness of the Bolshevik ideology and the multi-ethnicity of the society, which to some extent became susceptible to the populist slogans of the invader. During this war, the Polish Army was troubled by desertion of soldiers from the battle line and by mass evasion of military duty by men with a national minority background. Units fighting at the front were agitated by the propaganda apparatus of the Red Army, whose intention was a moral decay of the Polish Army.
18
Lučić, Robert. "Dead heroes and living deserters: the Yugoslav People's Army and the public of Valjevo, Serbia, on the verge of war 1991." Nationalities Papers 43, no. 5 (2015): 735–52. http://dx.doi.org/10.1080/00905992.2014.990366.
Full textAbstract:
With the withdrawal of the Yugoslav People's Army from Slovenia, the Yugoslav conflict escalated into a full-scale war in Croatia in the summer of 1991. The article explores the involvement of the Yugoslav People's Army in the war in East Slavonia from the local perspective of the Serbian town of Valjevo. Touching upon Serbia's political and social radicalization in Valjevo in the second half of the 1980s, it discusses the process of the local garrison's military mobilization and an incidence of mass desertion by Valjevo reservists in September 1991. Based on local archive material, press releases, and interviews with former soldiers, the account focuses on the city's national engagement, the garrison's deployment in combat, and the process of “reimplanting” patriotism after the reservists' desertion. It reveals that the engagement of Valjevo's troops completed the city's mental process of ethnic segregation. The outbreak of violence in Croatia in 1991 destroyed the Yugoslav People's Army as a pillar of Yugoslav statehood and permanently transformed the identities of Valjevo's soldiers.
19
Mączka, Andrzej. "The Civilian Population Towards the Polish-Soviet War in the Light of the Provincial National Defence Committe's Documentation in Lublin (1920–1921)." Res Historica 57 (October 22, 2024): 1327–46. https://doi.org/10.17951/rh.2024.57.1327-1346.
Full textAbstract:
The Provincial National Defence Committee in Lublin was an extremely important institution for enabling cooperation between the army and the civilian population. Their documents have been preserved and are kept in the State Archives in Lublin. Similar organisations functioned in many Polish cities but unfortunately the archival materials concerned their activities have been preserved only partially or not at all. That’s why, treating the documentation of the Committee in Lublin as a model one is fully justified. The files of the Provincial National Defence Committee in Lublin are very important for explorers of military and social history of the 1919–1921 conflict. They contain really essential remarks concerning functioning of public life in individual counties and boroughs. We learn how different social groups supported the Polish Army from objective and deprived of the language of propaganda reports. We also learn how tax collection was organised for the army from these reports. Apart from these activities we also receive information about indifference or even hostility towards some frontline actions. Such negative occurances are especially desertion and avoiding of military service.
20
Wida Susanti, Mohammad Roesli, and Adies. "Juridical Review Indonesian National Army, Army Who Permitted The Crime of Adulture." YURISDIKSI : Jurnal Wacana Hukum dan Sains 19, no. 4 (2024): 510–25. http://dx.doi.org/10.55173/yurisdiksi.v19i4.224.
Full textAbstract:
The aim is to find out the provisions governing the criminal act of violating adultery or immorality committed by the Indonesian National Armed Forces. This research uses the method The type of research in this study is normative juridical law research, namely research based on literature studies which includes primary legal materials and secondary legal materials. Legal Consequences Regarding the crime of violating decency/adultery committed by the Indonesian National Armed Forces, the perpetrator is subject to Article 281 paragraph (1) of the Criminal Code Juncto Article 26 of the Criminal Procedure Code, Article 190 paragraph (1), paragraph (3), paragraph (4) of the Law of the Republic of Indonesia Number 31 of 1997 concerning Military Justice, namely in addition to the main punishment in the form of imprisonment, as well as additional punishment in the form of being dismissed from military service.
21
Fathurrahman, Endang, Ahmad Sugiri, and Yanwar Pribadi. "Jenderal AH. Nasution dalam Peristiwa 17 Oktober 1952." Tsaqofah 16, no. 2 (2018): 244. http://dx.doi.org/10.32678/tsaqofah.v16i2.3159.
Full textAbstract:
The Indonesian National Army was realized because of the desire of the people, especially the youth, who felt called to fight for the independence of the Indonesian state that had been proclaimed. In 1947, the paramilitary forces and the TRI in the national army were united, under the name of the Indonesian National Army (TNI). In 1950-1952 General A. H. Nasution was appointed as Army Chief of Staff, in his leadership the 17 October 1952 incident occurred when he submitted a proposal to the president to dissolve parliament. But this event also occurred because of parliamentary efforts to interfere in military affairs, and the Army at that time faced a crisis that could escalate towards division.
22
Yarovyj, Valerii, and Yaroslava Dmytruk. "The Role of National Minorities in the Polish Armed Forces During the September 1939 Campaign." European Historical Studies, no. 13 (2019): 233–48. http://dx.doi.org/10.17721/2524-048x.2019.13.233-248.
Full textAbstract:
The article covers the issues of participation in the September 1939 campaign of representatives of national minorities who served at that time in the Polish Army. Also made an attempt to unbiased consideration of the problem. The authors paid attention to the issue of the number of members of national minorities in the Polish Army on the eve of the Second World War, as well as analyzed the attitude of this category of soldiers to fulfilling their military duty, in particular, based on the memoirs of participants in the events of that time. Also raised is the issue of cases of desertion from Polish armed forces members of national minorities during the September campaign. Unfortunately, the exact number of national minority soldiers who participated in the September 1939 campaign is very difficult to determine, since many documents from the period of the September campaign were destroyed, while during the war a part of the them went to the German and Soviet archives, where most of them were lost. On the basis of preserved materials, one can only say that the attitude of representatives of national minorities – Ukrainians, Belarusians, Germans or Jews, dressed in Polish forms in September 1939 – is somewhat different. Often, they selflessly fought, but there were cases of desertion, however, for the sake of justice, it should be noted that the practice of desertion in the early days of the war was also inherent in representatives of Polish nationality. On the basis of the material under study, have made sufficiently substantiated generalizations and conclusions regarding key aspects related to the participation of representatives of national minorities who served in the Polish Army in the September 1939 campaign. It is irrefutable that from the very first days of the war ordinary soldiers who came from national minorities, as well as Ukrainian contract officers began to defend the Polish state, and until the end continued to bravely and courageously fight the enemy, often at the cost of their own lives.
23
Ubayanto, Tri, Sudarsono Sudarsono, Iwan Permadi, and Setyo Widagdo. "Legis ratio of the Indonesian national army's authority arrangements to overcome armed separatism movements, armed insurgency, and the terrorism." International Journal of Research in Business and Social Science (2147- 4478) 9, no. 3 (2020): 105–13. http://dx.doi.org/10.20525/ijrbs.v9i3.686.
Full textAbstract:
The purpose of this study is to find out about the setting of the authority of the Indonesian National Army (TNI) overcoming the armed separatist movement, armed insurgency, and acts of terrorism in Law NRI Number. This research is normative legal research using the statutory approach, historical approach, comparative approach, philosophical approach. The analysis technique is done by qualitative juridical analysis. The results showed that the legis ratio of regulating the authority of the Indonesian National Army in overcoming armed separatist movements, armed insurgency, and acts of terrorism in RI law number 34 of 2004 concerning the Indonesian National Army was departed from the desire to abandon the dual function model of ABRI, namely as a security and security forces and as a social-political force. As a social and political force, ABRI at that time had a role as a stabilizer, a dynamist, as a pioneer, and as an implementer of Pancasila democracy. With the enactment of RI law number 34 of 2004 concerning the Indonesian National Army, changing the Indonesian National Army as a means of defense of the Unitary State of the Republic of Indonesia, which is tasked with implementing a state defense policy to uphold national sovereignty, maintain territorial integrity, and protect national security, carry out military operations for war and military operations other than war, and actively participate in the task of maintaining regional and international peace
24
Saffrudin, Moch, Syamsu Alam, Nurdjanah ., Wahda ., and Mufidah Sheena Andani Prastini. "Application of Strategic Management Through Military Leadership." International Journal of Religion 5, no. 11 (2024): 5393–400. http://dx.doi.org/10.61707/d9jfe219.
Full textAbstract:
The Indonesian National Armed Forces (TNI) unit has specific duties as mandated by Law No. 34 of 2004. Soldiers are expected to adhere to values derived from the nation's military doctrine, encapsulated in the Sapta Marga, the Soldier's Oath, and the 8 Obligations of the Indonesian National Armed Forces. Essential qualities for soldiers include loyalty to superiors, decisiveness, discipline, and responsibility towards their duties. The Indonesian National Armed Forces organizational structure is permanent and non-profit, which limits social interactions among soldiers, particularly those from different units or ranks. There are no specific guidelines for leadership styles at different rank levels, leading leaders to rely on the organizational culture established during military training. According to Wawan (2020), leadership in the military, underpinned by organizational culture values, motivates soldiers to improve their performance. Leaders play a critical role in applying organizational culture by making decisions based on Indonesian National Armed Forces doctrines. The responsibilities of officers within the Indonesian Army (TNI AD) evolve with their rank. Career development is determined by rank following the completion of general development education (Dikbangum), which involves rigorous selection processes evaluating various aspects supporting the required skills and competencies for higher ranks. Proportional stratified random sampling was used among officer students in Dikbangum for Secapa, Selapa, Sesko Indonesian National Armed Forces, and Seskoad. The study included 640 respondents: 111 from Secapa, 278 from Selapa, 190 from Seskoad, and 61 from Sesko Indonesian National Armed Forces. Research findings indicate that leadership positively affects soldier performance through organizational culture and work motivation within the Indonesian National Army. However, data from the overall sample revealed a negative impact of work motivation on soldier performance, both directly and through leadership roles incorporating work motivation elements. This negative effect is attributed to age, rank, job responsibility, and unit type differences among the research subjects in each cluster group. The study on officer students undergoing general development education in 2023 within the Indonesian National Army shows that leadership directly influences soldier performance, positively affects work motivation, and impacts organizational culture. Leadership also affects performance through work motivation and organizational culture. Leadership approaches at different rank levels have positively influenced soldiers' responses, enabling them to perform their duties effectively in accordance with directives from higher units, such as MABES Indonesian National Armed Forces.
25
Ikhwan Syahdi and Sujono. "Kajian Yuridis Peran Tentara Nasional Indonesia (TNI) Dalam Operasi Militer Selain Perang (OMSP) terkait Penanggulangan Tindak Pidana Terorisme." Indonesian Journal of Multidisciplinary Sciences (IJoMS) 3, no. 2 (2024): 236–60. https://doi.org/10.59066/ijoms.v3i2.1039.
Full textAbstract:
The issue of the involvement of the Indonesian National Army in handling criminal acts of terrorism which will be accommodated through law has sparked public concern about the possibility of a shift in the mechanism for handling terrorism in Indonesia from a criminal justice model that prioritizes law enforcement, to a war model that prioritizes the deployment of military capacity. The title of this research is a Juridical Study of the Role of the Indonesian National Army (TNI) in Military Operations Other Than War (OMSP) Related to Countering Criminal Terrorism. Problem formulation: What is the legal review of the role of the Indonesian National Army (TNI) in military operations other than war related to handling criminal acts of terrorism based on applicable laws and regulations? What is the legal position and constraints of the Indonesian National Army in dealing with acts of terrorism? The research was carried out using a normative juridical approach. The data used is primary, secondary and tertiary data. Data analysis was carried out qualitatively and based on the results of the analysis, conclusions were then drawn using a deductive approach. The conclusion of this research is that through military operations other than war, the role of the TNI is not only limited to the military dimension, but also expands its function as a security guard in situations that threaten national order, although its position in the context of civil and military law is often debated. The TNI can operate under coordination with the police in accordance with Law no. 5 of 2018 concerning Eradication of Criminal Acts of Terrorism. However, this regulation has a weakness, namely that there is no operational mechanism that regulates the implementation of TNI assistance tasks.
26
Sukmadi, Bambang Heru, Ma'ruf Akbar, Billy Tunas, and Zulvia Khalid. "The Effect of Military Ethics and Motivation on The National Commitment of The Indonesian Military." IJHCM (International Journal of Human Capital Management) 3, no. 1 (2019): 48–58. http://dx.doi.org/10.21009/ijhcm.03.01.05.
Full textAbstract:
This research is aimed to explore and find out the effect of military ethics and motivation on the national commitment of the soldiers of the Indonesian Army. The research is conducted on the soldiers in the rank of non-commissioned and enlisted soldiers at one of the Indonesian Army units in Jakarta. The data is collected with the survey method on the sample that comprises of 83 respondents which are taken with a simple random sampling technique. The data is analyzed quantitatively from an organizational behavior perspective with the Path Analysis technique utilizing SPSS 22 software. The test of normality and linearity of each regression between variables results in a normal distribution of residual and linearly related. The results of this research show that (1) military ethics has a positively direct effect on national commitment; (2) military ethics has a positively direct effect on motivation; (3) motivation has a positively direct effect on national commitment; (4) military ethics has an indirect effect on national commitment through motivation.
27
Fikri, Sultoni, and Rizky Bangun Wibisono. "Constitutionality of Appointing an Acting Governor and Mayor of the Region who comes From Active Members of the Indonesian National Army and Indonesian Police Force." Jurnal Independent 11, no. 2 (2023): 419–29. https://doi.org/10.30736/ji.v11i2.231.
Full textAbstract:
AbstractAppointment of acting regional heads who come from members of the Indonesian National Army and members of the National Police reaps pros and cons in the community because it is contrary to the provisions of the legislation. following the provisions of the existing laws and regulations and fulfilling the conditions specified in the Regional Head Election Law and the State Civil Apparatus Law. Second, as regulated in the Indonesian National Army Law and Indonesian Police Force Law, which are special laws for members of the Indonesian National Army and Indonesian Police Force members, the acting regional heads who will carry out their duties must resign or retire early from the military service and police service. Third, the appointment of Brigadier General Andi Chandra As'aduddin as the acting Regent of West Seram without resigning from the army service is something that is not right, related to positive law perspective. Specifically, the Indonesian National Army Law, Government Regulations PP No. 15/2001 concerning the transfer of the status of members of the Indonesian National Armed Forces and members of the State Police of the Republic of Indonesia to civil servants to occupy structural positions as amended by PP No. 4 of 2002 and lastly amended by PP No. 21 of 2002; and PP No. 1 of 2003 concerning the Dismissal of Members of the Indonesian National Police.
28
Eder, Pavlo. "СУСПІЛЬНО-ПОЛІТИЧНІ ПЕРЕДУМОВИ ОРГАНІЗАЦІЇ УКРАЇНСЬКОГО ВІЙСЬКА У ПЕРІОД ВІДНОВЛЕННЯ НАЦІОНАЛЬНОЇ ДЕРЖАВНОСТІ НА ПОЧАТКУ ХХ СТОЛІТТЯ". Visnyk of the Lviv University. Series Law, № 77 (12 грудня 2023): 27–45. http://dx.doi.org/10.30970/vla.2023.77.027.
Full textAbstract:
The article analyzes the social and political prerequisites of the organization of the Ukrainian army during the period of restoration of national statehood at the beginning of the 20th century. It is shown that after the events of the First World War and on the verge of the collapse of the Russian Empire, Ukrainians made another attempt to restore national statehood. From the first days of the Ukrainian revolution of 1917–1921, the question of organizing military units composed of Ukrainians arose. Revolutionary processes in Russia in February 1917 became a prerequisite for the need to create Ukrainian military committees as elected national military bodies. The Ukrainian military has developed an interest in national statehood, a sincere desire to defend Ukraine's independence with weapons in hand. The growth of the Ukrainian military movement required the creation of a single command center. Such a center was formed in Kyiv. The leading role in it belonged to the former founder of the Revolutionary Ukrainian Party, lieutenant M. Mikhnovskyi, who was an active initiator and organizer of the Ukrainian military movement. It is noted that on May 18-25, 1917, the first All-Ukrainian Military Congress was held in Kyiv, which elected the Ukrainian General Military Committee headed by S. Petliura and made a decision to create the Ukrainian National Army. Among other issues discussed during the Military Congress, the issues of war, discipline, desertion, maintaining order in the ranks of the army deserve attention. The congress elected the 18-person Ukrainian General Military Committee from among its members. In June, the second congress was held, which elected the All-Ukrainian Council of Military Deputies in the number of 130 people, who entered the Central Rada in full. At the Ukrainian Central Council, a special Military Board was formed for the Ukrainianization of units of the Ukrainian army. It is noted that the Second All-Ukrainian Military Congress, at which the Statute of the Ukrainian General Military Committee was approved, was a significant success in the development of the army. Therefore, the committee was to consist of ten departments: 1) campaigning, educational and organizational; 2) inspector's office; 3) mobilization and military communication; 4) offices; 5) commandant's office; 6) consular lawyer; 7) military schools; 8) special services; 9) sanitary and medical; 10) military engineering. In addition, the second AllUkrainian Military Congress decided that the orders of the UGVK are binding for all Ukrainian military personnel. It is substantiated that after the announcement of the III Universal of the Central Rada, attention to the military increased, the previously initiated measures to ukrainize military units in the former imperial army became more active. The General Secretariat of Military Affairs issued an order on the further Ukrainianization of the Kyiv Military District, appointed Colonel V. Pavlenko as its commander, and later – Captain Mykola Shynkar. On November 29, 1917, it was decided to create the Ukrainian General Military Staff to coordinate the actions of all Ukrainian units on the territory of Ukraine. It is emphasized that as a result of the Ukrainian revolution, which began in March 1917, among other things, the task of creating Ukrainianized military units was declared. However, a sufficient legal basis for the creation of the Ukrainian army was not established, and its formation was sporadic and by no means systematic. The establishment of the General Secretariat of Military Affairs (Military Ministry), the approval of draft laws on the formation of branches of the "Free Cossacks" and the People's Army (People's Militia) can be considered an absolute achievement. The war with Bolshevik Russia proved the inadequacy of such steps by the Central Rada. In general, the situation surrounding the development of the Ukrainian army at the initial stage of the revolution, in particular the lack of understanding on the part of the political elites of the importance of forming an effective national army in the shortest possible time, is instructive in today's conditions. Keywords: army, military bodies, statehood, legal regulation, Ukraine.
29
Subandi, Imam, Muhammad Syauqillah, Sapto Priyanto, Zora A. Sukabdi, and Muhamad Rum. "The Role of TNI (Indonesian National Army) in Countering Trans-national Crimes." Eduvest - Journal of Universal Studies 4, no. 8 (2024): 7207–14. http://dx.doi.org/10.59188/eduvest.v4i8.1340.
Full textAbstract:
The involvement of the Indonesian Army in law enforcement is often a problematic issue in the context of countries that implement a democratic system. History has proven that authoritarianism is not only the domination of the military, but also the domination of every government regime including civilians that do not implement checks and balances system in the execution of the government. This is what should be the focus of the problem. Apart from that, law enforcement authority actually is not only limited to the area of civil authority which is only given to the police as a representation of state authority which obtains authority from law, but rather to the police functions in general which can also be given to the military which functions as law enforcement officers (law enforcement officials) as explained in the UN Code of Conduct for Law Enforcement as follows; "(a) The term "law enforcement officials", includes all officers of the law, whether appointed or elected, who exercise police powers, especially the powers of arrest or detention. (b) In countries where police powers are exercised by military authorities, whether uniformed or not, or by State security forces, the definition of law enforcement officials shall be regarded as including officers of such services." In the explanation of Article 1 of the Code of Conduct for Law Enforcement, it is clear that what is meant by "law enforcement officials" includes elected or appointed law enforcement officers who are given the authority to carry out arrests and detention.
30
Zakharov, Anton O. "THE NATIONAL POLICE MERITORIOUS SERVICE STAR OF INDONESIA — BINTANG BHAYANGKARA." Journal of the Institute of Oriental Studies RAS, no. 2 (16) (2021): 246–55. http://dx.doi.org/10.31696/2618-7302-2021-2-246-255.
Full textAbstract:
The award system of Indonesia has formed since the War of Independence against the Netherlands. The first Order — Bintang Gerilya, or the Guerilla Star — was instituted in 1949. Several years later, the Indonesian Army managed to suppress separatist and autonomist movements in various parts of Indonesia. The Indonesian military obtained control over nationalized businesses of the Dutch in the later fifties. It gave the Army a leading role in social and political spheres of the Indonesian state. In 1958, the Indonesian Government instituted two military Orders — Bintang Sakti, or the Sacred Star, and Bintang Dharma, or the Military Distinguished Service Star. In 1959, the Indonesian Government instituted the highest Orders of the State — Bintang Republik Indonesia, or the Star of the Republic of Indonesia, and Bintang Mahaputera, or the Star of Great Son of Nation. The National Police of Indonesia was formed in 1945 or, formally, in 1946. It obtained its own professional Order — Bintang Bhayangkara, or the National Police Meritorious Service Star — in 1961. A year later, the National Police turned a branch of the National Armed Forces of Indonesia. The National Police became separated from the National Armed Forces in 1999, during the democratization since the fall of Suharto’s ‘New Order’ in 1998. The paper focuses on the statute of Bintang Bhayangkara and its functioning among current Indonesian elites. The President and Vice-President of Indonesia have this Order ex officio. Bintang Bhayangkara is regularly bestowed to the high-ranking officers of the National Police and National Armed Forces of Indonesia.
31
Karina, Hasiyanni Manurung Irwan Triadi. "Analisis Yuridis Kasus Pelecehan Seksual Yang Dilakukan oleh Anggota Tentara Nasional Indonesia." Socius: Jurnal Penelitian Ilmu-Ilmu Sosial 1, no. 5 (2023): 34–39. https://doi.org/10.5281/zenodo.10258639.
Full textAbstract:
<i>Sexual harassment is a serious problem that is rampant throughout Indonesia, where it affects various levels of society. The existence of sexual harassment perpetrators in the military is a complicated focal point because it contradicts the main task of the military which should uphold the values of security and state integrity. This research will discuss the criminal liability of members of the Indonesian National Army (TNI) who commit sexual harassment and how law enforcement against members of the Indonesian National Army (TNI) who commit sexual harassment. This research uses normative juridical method with statutory approach and conceptual approach. Through strict law enforcement, it is hoped that a system can be created that can prevent and eradicate acts of sexual harassment among the military, so that the integrity and public confidence in the state defense institutions are maintained.</i>
32
Ramdani, Amaliah, Syarifuddin Dollah, and Geminastiti Sakkir. "Understanding Nonverbal Communication Among TNI (Indonesian National Army) Members in Everyday Life." EduLine: Journal of Education and Learning Innovation 4, no. 2 (2024): 216–21. http://dx.doi.org/10.35877/454ri.eduline2445.
Full textAbstract:
This research focuses on how nonverbal communication is important in the military, particularly among members of the TNI in their neighbourhoods. The researcher used interviews to collect data using open-ended questions. The researcher identified that saluting is more than just a greeting; it shows respect for superiors and tradition, which promotes a disciplined and united military community. The research underlined the adaptation of nonverbal communication, especially hand signals, in operational settings for efficient and silent exchange of information. In summary, nonverbal cues, such as saluting, play a huge role in keeping the military community disciplined and united for successful operations.
33
Timang, Yulianto, Widayati Widayati, and Nanang Sri Darmadi. "The Criminal Policy in Efforts to Overcome Crimes Perpetrated by the Indonesian National Army." Law Development Journal 4, no. 3 (2022): 480. http://dx.doi.org/10.30659/ldj.4.3.480-494.
Full textAbstract:
This study aims to find out and analyze and seek answers to criminal policies in an effort to tackle crimes committed by the Indonesian National Armed Forces and to find out and analyze and seek answers to policies for regulating criminal law enforcement against TNI soldiers in the future. The results and discussion of the research show that Criminal Policy in Efforts to Overcome Crimes Committed by the Indonesian National Armed Forces is subject towetboek van Militair Strafrecht (WvMs)/Stb.1934 Number 167 in conjunction with UURI Number 39 of 1947, which was translated into the Military Criminal Code (KUHPM). Its enforcement is the same as in law in Indonesia, if the Criminal Procedure Code is a material criminal law, then Act No. 6 of 1950 in conjunction with Act No. 1 Drt of 1958 concerning Military Criminal Procedure Code which was later revised and set forth in Chapter IV of Article 264 of the Law. Law on Military Courts, while Act No. 31 of 1997 applies as a formal criminal law, and the realization of the revision of Act No. 31 of 1997 concerning Military Courts. Criminal Law Enforcement Against Indonesian National Army Soldiers in the Future.
34
Gusman, Delfina. "Handling Criminal Cases of Corruption Involving Active Indonesian National Army (TNI) Soldiers." Journal of Law, Politic and Humanities 3, no. 4 (2023): 392–402. http://dx.doi.org/10.38035/jlph.v3i4.262.
Full textAbstract:
Based on the set of laws related to eradicating corruption and the class of laws within the military scope in Indonesia, whether the involvement of active TNI soldiers in criminal acts of corruption in enforcement is processed through the Military Court or the Corruption Crime Court as the court in General Justice environment? And what about the authority of the Corruption Eradication Commission (KPK) in this matter?.
35
Bawana, Awang Setyadi, Heru Cahyono, and Fitri Aprianti S. "Law Enforcement of Indonesian National Army Soldiers Who Commit Criminal Acts Against Superiors." AURELIA: Jurnal Penelitian dan Pengabdian Masyarakat Indonesia 4, no. 1 (2024): 521–32. https://doi.org/10.57235/aurelia.v4i1.3856.
Full textAbstract:
This research focuses on the legal enforcement against members of the Indonesian National Army (TNI) who commit the crime of insubordination. Insubordination, defined as defiance or resistance against superiors, is regulated under Articles 105-109 of the Military Criminal Code (KUHPM). This study examines the judicial process in Military Court III-19 Jayapura, specifically related to cases of soldiers disobeying orders from superiors through violent actions. Using normative and empirical legal research methods, this study aims to illustrate how legal mechanisms are applied in military violation cases, particularly in acts of insubordination. The analysis is based on court rulings where the offenders, low-ranking soldiers, were tried and sentenced according to the KUHPM. The results show that while there is a consistent pattern in sentencing, disparities in punishment remain due to various factors such as the severity of the offense and the discretion allowed within the military judicial system. This study recommends clearer guidelines to minimize differences in sentencing and ensure fairness in military justice.
36
Silalahi, Wilma. "Indonesian National Army Involvement in Handling Terrorism Action from Legal Perspective." Constitutionale 2, no. 1 (2021): 39–56. http://dx.doi.org/10.25041/constitutionale.v2i1.2255.
Full textAbstract:
The crime of terrorism is an extraordinary crime against humanity, including a “serious crime” whose number of actions has increased. It requires handling with exceptional measures and "serious measures" with still respecting human values. Thus, what becomes an interesting problem in this research is how to involve the Indonesian National Army in handling acts of terrorism from a legal perspective. This research uses a normative doctrinal method. The Indonesian National Army's involvement in managing acts of terrorism and supported by the prevailing laws and regulations provides a greater sense of security and legal certainty for the community. Also, this research intends to examine that the involvement of the Indonesian National Army in handling acts of terrorism is by applicable regulations. The handling of criminal acts of terrorism requires a juridical basis to create a sense of security and justice. Thus, the Indonesian National Army must maintain the Unitary State of the Republic of Indonesia's territorial integrity and uphold state sovereignty. Therefore, the involvement of the Indonesian National Army in the context of handling acts of terrorism is an aid to the PolicePolice in defending the independence of the state, maintaining the territorial integrity of the Unitary State of the Republic of Indonesia, and protecting the entire nation and all spilled Indonesian blood based on Pancasila and the 1945 Constitution. The involvement of the Indonesian National Army in eradicating acts of terrorism is part of the support for the National Police, in the context of carrying out law enforcement operations that are not Military Operations Apart from War, unless they develop into acts of terrorism that threaten the existence of the Unitary State of the Republic of Indonesia or extraordinary circumstances occurs. This is in line with the Indonesian National Army's unique nature (lex specialis) in carrying out its duties.
37
Tarigan, Herlina, and Guntur Eko Saputro. "THE ROLE OF THE INDONESIAN NATIONAL ARMY (TNI) IN COUNTERING TERRORISM." Jurnal Pertahanan: Media Informasi ttg Kajian & Strategi Pertahanan yang Mengedepankan Identity, Nasionalism & Integrity 7, no. 1 (2021): 100. http://dx.doi.org/10.33172/jp.v7i1.1167.
Full textAbstract:
<p>Terrorism that occurs both in the world and in Indonesia is a crime that cannot be classified as an ordinary crime, academically categorized as an extraordinary crime. Actions of terrorism in Indonesia can already be classified as a military threat, namely threats that use armed force, are organized and are considered to have capabilities that endanger state sovereignty. The role of The Indonesian National Army task in overcoming these acts of terrorism has not been effective. The research objective is to provide government input on the importance of The Indonesian National Army role in overcoming the threat of terrorism. Research using qualitative methods is aimed at understanding social phenomena from the perspective of the participants. The results achieved were that legally, the military could also be deployed to combat terrorism both from the aspect of domestic law and in the provisions of international law.</p>
38
Ginting, Selamat, and Ahmad Mulyana. "Military and Civil Communication in Citarum Harum Program in West Java, Indonesia." Journal of Social Sciences Research, no. 610 (October 22, 2020): 881–89. http://dx.doi.org/10.32861/jssr.610.881.889.
Full textAbstract:
Communication of military organizations outside the battlefield in the Indonesian National Military (TNI) organization is manifested through TNI social communication. Implemented through Military Operations Other Than War (OMSP). The Indonesian Army formed the Citarum Harum task force after the Citarum River problem became an international concern. This study aims: 1) Model to analyze the communication of the Indonesian Army in building public awareness to restore the sustainability of the Citarum River; 2) Revealing the communication of the Indonesian Army Armed Forces to the public so that the Citarum Harum program can be achieved; 3) Revealing the form of cooperation between the Indonesian Army and the mass media in the Citarum Harum program. Research is based on the philosophy of post-positivism. Type of qualitative research. The nature of descriptive research. Case study research method. The technique of studying data is through data triangulation. Checking the correctness of data or information obtained by researchers from various points of view. The results of the study: 1) Military communication skills for regional officials are needed; 2) To create an understanding with the community, it is necessary to focus on listening to the aspirations of the community by living in people’s homes and providing examples of working to protect the environment; 3) Collaborating with journalists to always actively publish in mass media and online media. Conclusion: 1) Organizational organization, internal communication organization is very important to support organizational activities. 2) TNI social communication functions to take a persuasion approach and increase public understanding of military organizations. 3) The communication strategy carried out by the Siliwangi Military Regional Command provides information and publication of the Citarum Harum Program every day to the mass media and facilitates to facilitate the coverage process.
39
Syabilarrasyad, Syabilarrasyad, Jusuf Irianto, and Fendy Suhariadi. "Military Education Collaboration between Countries." Devotion Journal of Community Service 4, no. 3 (2023): 865–83. http://dx.doi.org/10.36418/devotion.v4i3.446.
Full textAbstract:
The Unitary State of the Republic of Indonesia in the international arena has an active free politics, attitudes and views related to Indonesian foreign policy such as Indonesian foreign policy often have differences in attitude with other countries in responding to international issues. The Ministry of Defense, which covers the three branches of the TNI, namely the Army, Navy and Air Force, is very concerned about Military Academy education abroad by providing scholarships to Military Academy cadets / cadets to attend Military Academy education abroad, one of which is in Japan. This paper aims to analyze the collaboration of military education between countries, especially in Japan. The method used is qualitative by means of field case studies. This paper argues that a one-stop policy is needed in sending cadets / cadets of the Indonesian National Army Academy to attend Military Academy education abroad, where the Ministry of Defense must be positioned as the only door in the formulation and implementation of Military education collaboration policies between countries where the three TNI Matras must submit and obey as well as synergy with the Ministry of Defense in Military Education Collaboration between countries.
40
ZAKHAROV, Anton O. "ARMY MERITORIOUS SERVICE STAR OF INDONESIA — BINTANG KARTIKA EKA PAKSI." Southeast Asia: Actual Problems of Development, no. 2(55) (2022): 230–54. http://dx.doi.org/10.31696/2072-8271-2022-2-2-55-230-254.
Full textAbstract:
The National Army, or Armed Forces, of Indonesia is a key factor in Indonesian politics, economy, and history. It has influenced the award system so greatly that the military orders and medals were dominating till 2009 when the civil orders turned equal to military ones. The paper sums up the legal acts, presidential decrees, media and other open sources to reconstruct the history of the Bintang Kartika Eka Paksi (Pakçi before 1972) — Army Meritorious Service Star of Indonesia. The Star was instituted in late 1968, along with the Bintang Jalasena — Navy Meritorious Service Star, and Bintang Swa Bhuwana Paksa — Air Force Meritorious Service Star. There are three classes of Bintang Kartika Eka Paksi — Utama (first), Pratama (second), and Nararya (third). The Bintang Kartika Eka Paksi is bestowed to the top grass military officials, in strict correspondence to their ranks of one-, two-, three-, and four-stars generals. The Order may be given to civil officials for their merits in the development of the National Army of Indonesia. The Order is also awarded to the top generals of the foreign armies who collaborate with the Indonesian Armed Forces.
41
Akustyo, Bagus Ridho, and Palupi Lindiasari Samputra. "Analysis of Assumptions from the Perspective of Democratic Resilience: the Expansion of Civilian Positions that Can Be Occupied by Active Military Personnel in the Revision of Law No. 34/2004 on the Indonesian National Defense Forces." Formosa Journal of Multidisciplinary Research 4, no. 3 (2025): 1237–56. https://doi.org/10.55927/fjmr.v4i3.114.
Full textAbstract:
This research aims to identify the policy actors of the policy on the expansion of civilian positions that can be occupied by active Indonesian national army in the Revision of Law Number 34 of 2004 concerning Indonesian national army, identify the assumptions that arise, conflicting assumptions, and formulate a new conceptualization of the problem and potential solutionists. This research uses qualitative assumption analysis of secondary data obtained through electronic media searches between May 2024 and January 2025. The search results identified 13 data that matched the research. The results revealed eight policy actors and three conflicting assumptions. The new concept of the problem identified is the expansion of military power, which can reduce civilian control over the military. This will reduce the ability of the balance of power to avoid government actors who can hijack democracy in an autocratic system of government.
42
Wijoyo, R. Ach Agus Purno, Deassy Jacomina Anthoneta Hehanussa, and Reimon Supusepa. "Pertanggungjawaban Pidana Bagi Anggota TNI Yang Menjual Amunisi Ke KKB Papua Terhadap Disparitas Putusan Pengadilan Yang Berbeda." PAMALI: Pattimura Magister Law Review 4, no. 2 (2024): 239. http://dx.doi.org/10.47268/pamali.v4i2.2169.
Full textAbstract:
Introduction: The misuse of ammunition by Indonesian National Army personnel by selling to Separatist Armed Criminal Groups in Papua is an important concern for Indonesian National Army leaders and emphasis from the upper command if there are Indonesian National Army personnel who misuse firearms and ammunition to be processed in accordance with applicable law.Purposes of the Research: Analyse and formulate the criminal liability for Indonesian National Army members who sold ammunition to Papuan KKB separatists against the disparity of different court decisions.Methods of the Research: Normative legal research. The research approach is a statutory approach and a conceptual approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials through literature studies and then analysed through perspectives using qualitative methods.Results of the Research: Criminal liability for a defendant, especially in the case of misuse by selling ammunition to the Separatist Armed Criminal Groups in Papua against different verdicts (disparity of verdicts) must be seen from a legal point of view and standards applicable in the military, in the context of the Indonesian National Army selling ammunition to the Separatist Armed Criminal Groups or to Separatist Armed Criminal Groups sympathisers must get a fair legal process and the decision is based on the evidence presented in accordance with the legal facts. Although the legal process in court must run fairly and objectively, it is possible that court decisions can be different in the same case and the same article.
43
Irwan Triadi and Nurrachma Maharani. "Tinjauan Yuridis Penembakan Tentara Nasional Indonesia Dalam Keadaan Tidak Darurat Menurut Hukum Indonesia." Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2, no. 1 (2023): 300–313. https://doi.org/10.59581/doktrin.v2i1.1964.
Full textAbstract:
The military intervention carried out by the Indonesian National Army (TNI) in the conflict in Intan Jaya Regency, Papua, has raised serious concerns regarding compliance with legal standards and human rights (HAM). The actions of the Indonesian National Army (TNI) which resulted in the deaths of three Papuans raise doubts about respect for individual rights to life and security. In conflict situations, it is important to ensure that human rights, especially the right to life, are respected and protected. For example, in Law no. 34 of 2004 which regulates the use of weapons by the Indonesian National Army (TNI) in peaceful conditions, allows the use of weapons only with written permission from superiors and in the context of maintaining security and requested. In the context of this case, the shooting at the Sugapa Community Health Center did not have written permission from the Indonesian National Army (TNI) superiors, which is a serious violation of law. This violation raises questions about the accountability of security forces and the need for law enforcement in cases of gun shooting by members of the Indonesian National Army (TNI) outside of emergency situations. The situation in Papua creates ongoing challenges. Armed groups in the region often threaten national security and the safety of security forces. In the face of serious threats to state sovereignty, the government, and the Indonesian National Army (TNI) may feel forced to take decisive action. However, these actions must still comply with legal and human rights standards and ensure that human rights and the right to life of individuals are fully respected. This research is normative in nature with a focus on analysis of the legal framework that regulates the use of weapons by the Indonesian National Army (TNI). Normative research methods are used to state consistency and compliance with applicable regulations. Through this approach, the research aims to provide a legal perspective on erasure actions in Papua, as well as asking whether these steps are in accordance with applicable legal and human rights principles. It is hoped that the results of this research will provide a basis for recommending improvements to policies and actions that support law enforcement and human rights protection in the context of conflict in Papua
44
Zakharov, Anton. "Sanskrit Legacy, The National Armed Forces, and Modern Political Culture of Indonesia." Vostok. Afro-aziatskie obshchestva: istoriia i sovremennost, no. 2 (2023): 205. http://dx.doi.org/10.31857/s086919080024351-3.
Full textAbstract:
Despite seventy years of studying, the functioning of Sanskrit and Old Javanese loanwords in modern Indonesian remain understudied. There are a lot of Sanskrit loans in various spheres of modern Indonesian. Many Indonesian military units have Sanskrit names. There are famous Sanskrit loans for Indonesian official ideology Pancasila and for the Indonesian national emblem Garuda Pancasila. Many Indonesian orders, decorations and medals also have Sanskrit names, for example, the military orders Bintang Sakti, or the Sacred Star, and Bintang Dharma, or the Army Distinguished Service Star, instituted in 1958. The word for medal in Indonesian is satyalancana which is a Sanskrit loan compound. Military regional commands may have names of ancient polities or kings which are of Sanskrit origin. Perhaps, the most noteworthy examples are Military Regional Command II Sriwijaya in South Sumatra and Military Regional Command VI Mulawarman in Kalimantan/Borneo. Sriwijaya was a powerful Old Malay kingdom in the seventh–thirteenth centuries; its name means ‘Great or Glorious Victory’ in Sanskrit. Mulawarman was a ruler of an East Kalimantan kingdom in the area of modern Kutai in the fifth century. The paper examines the usage of Sanskrit loans in the National Armed Forces of Indonesia and in the Indonesian award system. Multiple examples of Sanskrit loans in these fields may reflect an emphasis of ancient common cultural heritage in a multi-ethnic and multi-religious society. At the same time, there is a flexible naming practice which is not restricted by Sanskrit loans. These words are used frequently but not exclusively.
45
Syah Aditiya, Muhammad Tantio, Abdul Rachman, Sigit Wahyudi, and Sulafah Fathin Khannanah. "The Influence of Autocratic, Participatory, and Delegation Leadership Styles on The Work Motivation of TNI ADMembersat Yonif 100/PS, Military Regional Command I/Bukit Barisan." International Journal of Research in Social Science and Humanities 05, no. 09 (2024): 25–31. http://dx.doi.org/10.47505/ijrss.2024.9.2.
Full textAbstract:
This research aims to analyze the autocratic, participative, and delegative leadership styles on the motivation of the Indonesian National Army (TNI) Army (AD) personnel in Yonif 100/PS Kodam I or Bukit Barisan. This research is based on the significance of leadership styles in increasing the motivation and ability of personnel in the military area. Each leadership style has a different impact on the enthusiasm for activities and the effectiveness of the organization in carrying out their duties. This research examines how each leadership style authoritarian, participative, and delegative influences the motivation of the organization's activities, and the factors that may mediate or moderate the effects. In addition, this research aims to identify the most effective leadership style in increasing the motivation of personnel activities in Yonif 100/PS. A quantitative approach was used in this research, with data collection through questionnaires distributed to the Indonesian National Army (TNI) Army (AD) personnel in Yonif 100/PS. Data analysis was attempted using statistical methods to test the relationship between leadership style variables and motivation. The research results prove that participative leadership style has a significant positive impact on the motivation of organizational activities, compared to authoritarian and delegative leadership styles. Authoritarian leadership style tends to reduce motivation of activities, while delegative style has various effects related to the atmosphere and character of personnel. The area of activity and organizational culture are also found to influence the relationship between leadership style and work motivation. This research recommends the application of participative leadership style to increase the motivation of Indonesian National Army (TNI) Army (AD) personnel in Yonif 100/PS. This research provides meaningful participation for the development of efficient leadership strategies in the military context and becomes a reference for leaders in creating a more productive and harmonious work environment.
46
Mulyadi, Mulyadi, Thurva Naziha Visar, Habibie Rahman Sinaga, and Baeyhaki Ekaputra Hamidi. "Tindak Pidana Penyalahgunaan Narkotika Jenis Psikotropika yang Dilakukan Anggota TNI (Putusan No.80-K/PM I-02/AD/VII/2018)." Al-Adl : Jurnal Hukum 15, no. 2 (2023): 327. http://dx.doi.org/10.31602/al-adl.v15i2.9572.
Full textAbstract:
The Indonesian National Armed Forces (TNI) is part of society and protectors specially prepared to carry out the duties and defense of the country. In addition, the Indonesian National Army (TNI) is limited by laws and military regulations, so all actions undertaken must be based on applicable laws and regulations. To carry out specific duties and obligations, the Indonesian National Army (TNI) is educated and trained to comply with orders or decisions and carry them out appropriately and efficiently. The increase in the illicit circulation of narcotics in the territory of Indonesia is due to the lack of strictness or the lightness of the punishments imposed on dealers and users or the development of narcotics abuse and illicit trafficking not only in the general public but also in the military community, both as manufacturers, dealers and users. The illicit circulation of narcotics within the military is currently very concerning for the discipline and future of the Indonesian National Armed Forces (TNI) because it will lead to dependence on its users and hinder the implementation of its primary duties, damage the physical and mental health of military members who use narcotics, and the Criminal Code will be enforced. The Military Criminal Law, especially regarding the imposition of a sentence, but if the act is not regulated in the Criminal Procedure Code, another law that regulates it will apply. This study aims to find out the factors that cause narcotics abuse by military members and to analyze the judge's decision regarding the criminal act of narcotics abuse by members of the TNI. This study uses a normative juridical approach and is descriptive by using legal sources in the form of secondary data, in this case, bibliographical data. Data collection techniques are carried out using decision studies and searches of related documents, laws, literature, etc. The study results showed that the Military Prosecutor in the trial brought the defendant along with his identity data, and the defendant confirmed that the identity was his so that there was no wrong subject.
47
Khairurrizqo, Khairurrizqo. "Military Reform: Informal Military Power in Indonesian Politics After 1998." Riwayat: Educational Journal of History and Humanities 7, no. 3 (2024): 898–909. http://dx.doi.org/10.24815/jr.v7i3.39387.
Full textAbstract:
Indonesia entered the era of political reform after the collapse of the Soeharto in 1998, which was marked by an agenda of government reform, including reform within the military. Reforms and dismantling of the dual-single doctrine (Dwifungsi) brought the army back to the barracks, and regulations ensured the army focused on its duties as guardians of national defense. Later in Indonesia's political process, informal military groups played a role behind the scenes as part of the team that formulated strategic policies. This research analyzes the development of military reform and influence in Indonesia from the reign of BJ Habibie to Joko Widodo and the factors that influenced the development of military reform. This paper uses a qualitative approach to describe the informal power of military groups in the political turmoil in Indonesia. This article uses data collection techniques in the form of documentation studies with a content analysis approach from various studies and news. The informal political power of the military group had a different impact on numerous policies of the President of Indonesia after the reformation. In the era of President BJ Habibie, the military still dominated, although the president later gave limits, especially to stop the Dwifungsi ABRI principle. In the Abdurrahman Wahid era, the influence of informal groups declined relatively due to Gus Dur's frontal policies to enforcing human rights. During the Megawati era, retired military officers strengthened the military's influence in Benny Moerdani's circle of influence. Under SBY, the influence of informal groups can be seen in his efforts to revoke TNI's business units entirely in various fields. The influence of informal groups returned in President Jokowi's era with his policy of recruiting retired military generals in various strategic posts in civilian ministries.
48
Casmudin, Sujono, and Sudarto. "THE ROLE OF THE INDONESIAN NATIONAL ARMED FORCES (TNI) IN ADDRESSING TERRORISM AS AN EFFORT TO SAFEGUARD THE SOVEREIGNTY AND INTEGRITY OF THE UNITARY STATE OF THE REPUBLIC OF INDONESIA." IBLAM LAW REVIEW 4, no. 2 (2024): 202–10. http://dx.doi.org/10.52249/ilr.v4i2.517.
Full textAbstract:
Acts of terrorism carried out systematically and massively create an atmosphere of widespread terror for citizens, effectively and efficiently, that the involvement of the TNI in eradicating criminal acts of terrorism, which is part of acts of terrorism, is not in the realm of law enforcement. Therefore, it is interesting to examine the position of the Indonesian National Army in the National Defense System of the Republic of Indonesia and the role of the Indonesian National Army in dealing with acts of terrorism as an effort to maintain the sovereignty and integrity of the Unitary State of the Republic of Indonesia. To answer these problems, normative legal research methods (normative juridical) are used with a statutory approach, case approach, conceptual approach, using secondary data obtained from primary, secondary and tertiary legal material sources. The research found that the position of the Indonesian National Army in the National Defense System of the Republic of Indonesia and the Role of the Indonesian National Army in Handling Acts of Terrorism as an Effort to Maintain Sovereignty is regulated in Article 30 Paragraph (5) of the 1945 Constitution of the Republic of Indonesia, apart from that in Paragraph (2) and Paragraph (3) This is confirmed in Article 3 and Article 4 of Law 34/2004 or the TNI Law, which states that in the deployment and use of military force, the TNI is subordinate to the President. Then the role of the Indonesian National Army in handling acts of terrorism as an effort to maintain the sovereignty and integrity of the Unitary State of the Republic of Indonesia as intended in Article 5 jo. Article 7 Paragraph (2) letter b number 3 which relates to the main tasks of the TNI in military operations other than war gives the TNI the authority to deal with acts of terrorism, based on state policies and political decisions. The position of the TNI in the state administration system is the main component of the state defense system to protect sovereignty, territorial integrity and the safety of the nation. To provide legal certainty and justice, it needs to be strictly regulated in ministerial regulations and/or Commander-in-Chief regulations regarding the role and duties of the TNI in dealing with acts of terrorism.
49
Nur Pratama, Daya, Ishma Safira, Satrio Wicaksono Adi, and Irwan Triadi. "Analisis Yuridis terkait Peran Tni sebagai Pertahanan dan Bela Negara dalam Menghadapi Organisasi Papua Merdeka (OPM)." Journal Evidence Of Law 3, no. 2 (2024): 46–52. http://dx.doi.org/10.59066/jel.v3i2.638.
Full textAbstract:
This journal writing discusses the role of the TNI as Indonesia's front guard and defense in facing the Free Papua Organization (OPM) which has occurred since pre-reformation, post-reformation, and even now based on the laws and regulations in force in Indonesia. Indonesia. This research method uses methods. This writing method uses a literature approach which takes as its basis the laws and regulations in force in Indonesia and uses a descriptive analysis method, namely by analyzing existing problems and the role of the Indonesian National Army as the main force of defense and national security. The role of the Indonesian National Army (TNI) as the front guard and defense of the country in facing other acts of terrorism from the Free Papua Organization (OPM) is emphasized in Law no. 34 of 2004 concerning the Indonesian National Army in chapter VI concerning the deployment and use of TNI forces. The TNI as a component of national defense and national defense is correct in implementing existing regulations in Indonesia. However, acts of terrorism that are still occurring today must be used as evaluation material to further refine military strategies in this case so that the OPM conflict can be resolved quickly.
50
Kusbianto, Kusbianto, Ariman Sitompul, Adiputra Adiputra, and Miftahuddin Miftahuddin. "The Impact of Criminal Policy on Money Laundering Against the Resilience of the Law." Substantive Justice International Journal of Law 5, no. 2 (2022): 158. http://dx.doi.org/10.56087/substantivejustice.v5i2.192.
Full textAbstract:
Differences in the authority of investigators over money laundering crimes committed by members of the Indonesian National Armed Forces lead to disharmony of norms, thus creating polemics in the law enforcement process, especially in efforts to eradicate money laundering. Currently, there is an expansion of investigative competence based on the Decision of the Constitutional Court of the Republic of Indonesia, which states that predicate criminal investigators are officials or bodies authorized by laws and regulations to conduct investigations. Violations committed by members of the Indonesian National Armed Forces against the crime of money laundering should be under the jurisdiction of the Military Court. This study aims to determine the development and impact of legal policies related to members of the Indonesian National Armed Forces who commit criminal acts in the jurisdiction of the Military Court I-03 Padang. The analysis of this research uses a descriptive qualitative approach by using primary and secondary data. The results indicate that the competence of military courts is vulnerable to discontinuing the legal process of money laundering. Military courts should also be given the authority to try Indonesian National Armed Forces members who commit money laundering crimes. Investigation of The Crime of Money Laundering committed by members of the Indonesian National Armed Forces in the ius constituendum must be formulated more firmly in the Money Laundering Law. Thus, the Indonesian National Army members who violate the entered in categorization of General Crimes or non-military will be subject to the general justice system, and in the investigation carried out by investigators in the general court as described in the provisions in accordance with the limitative theory.