RECONSTRUCTION OF THE AUTHORITY OF THE INDONESIAN NATIONAL ARMY IN CONNECTION WITH THE ACTION OF TERRORISM FROM A STATE DEFENSE PERSPECTIVE

Anwar Mandaling, Khairul (2025) RECONSTRUCTION OF THE AUTHORITY OF THE INDONESIAN NATIONAL ARMY IN CONNECTION WITH THE ACTION OF TERRORISM FROM A STATE DEFENSE PERSPECTIVE. Disertasi(S3) thesis, UNIVERSITAS PASUNDAN.

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Bukti Submit Artikel di Jurnal PJIH (Padjadjaran Jurnal Ilmu Hukum, Scopus Q3), Februari 2025.pdf

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Research Article (Khairul Anwar Mandailing, Doctor of Criminal Law, Pasundan University).pdf

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Abstract

The involvement of the Indonesian Armed Forces in countering terrorism has been debated among the public due to the concern about a shift from a criminal justice model to a war model in Indonesia's counter-terrorism mechanism. However, military involvement is possible through a military operational framework other than war. However, in Indonesia, there is no technical mechanism for this assistance. This is especially crucial in a conflict area such as Papua, which requires the involvement of the Indonesian Armed Forces in its resolution. It is in this regard that this research is conducted. This research examines how the reconstruction of the authority of the Indonesian Armed Forces related to the prosecution of acts of terrorism is seen from the perspective of state defense. The research applied a qualitative approach with an analytical descriptive method. The data were articles on laws and regulations related to countering acts of terrorism, the duties and functions of the Indonesian Armed Forces, and other relevant sources. The data collection instruments used are document analysis and interviews. Data analysis used the qualitative juridical method. This research resulted in several conclusions. First, the implementation of the authority of the Indonesian Armed Forces in countering acts of terrorism is not explicitly stated in the Indonesian Armed Forces. However, the implementation of the roles, functions, and duties of the Indonesian Armed Forces contained in the Indonesian Armed Forces' Law makes the authority of the Indonesian Armed Forces in prosecuting acts of terrorism explicit in the Indonesian Armed Forces Law, namely as part of military operations other than war. Second, the concept of reconstruction of the authority of the Indonesian Armed Forces is carried out by transforming the authority of the Indonesian Armed Forces, which was initially implied in the Indonesian Armed Forces Law, into an explicit one. This reconstruction can be done by revising the Indonesian Armed Forces Law itself or can also be implemented in the implementing regulations of the Indonesian Armed Forces Law in the form of presidential decrees or presidential regulations. Keywords: Authority of the Indonesian Armed Forces, Terrorism, State Defense.

Item Type: Thesis (Disertasi(S3))
Subjects: RESEARCH REPORT
Divisions: Pascasarjana > S3-Ilmu Hukum 2025
Depositing User: Mr soeryana soeryana
Date Deposited: 14 Feb 2025 07:55
Last Modified: 14 Feb 2025 07:55
URI: http://repository.unpas.ac.id/id/eprint/74656

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