RECONSTRUCTING THE ASSIGNMENT OF INDONESIAN NATIONAL ARMY’S (TNI) DUTY IN COUNTERING TERRORISM

Widarsono (), Prija Djatmika (), Herman Suryokumoro () and Dhiana Puspitawati ()
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Widarsono: Student at Faculty of Law, Brawijaya University, Malang, East Java, Indonesia
Prija Djatmika: Lecturer at Faculty of Law, Brawijaya University, Malang, East Java, Indonesia
Herman Suryokumoro: Lecturer at Faculty of Law, Brawijaya University, Malang, East Java, Indonesia
Dhiana Puspitawati: Lecturer at Faculty of Law, Brawijaya University, Malang, East Java, Indonesia

Perspectives of Law and Public Administration, 2020, vol. 9, issue Special Issue, 55-62

Abstract: In analyzing legal materials, one of the applied techniques as contained in the research method is reconstructive. Reconstructive analysis technique for legal materials comes from the term reconstruction. The meaning of reconstruction in the context of analysis is in term of the building of the material object under the study according to critical epistemology based on the value to be achieved, so that a new juridical construction is formed. The reconstruction of the meaning of a legal rule is carried out by initially understanding the meaning in a particular regulation or article in a law by being systematically connected based on philosophical and analytical approaches. In reconstructing laws and regulations regarding counter-terrorism, this research refers to several theories, including the rule of law theory, the theory of authority, and the theory of legislation. The content of the laws and regulations that need to be reconstructed is the title of the law that regulates the eradication of terrorism, and regulations related to authority between Indonesian National Police (POLRI) and Indonesian National Army (TNI), as well as the role of National Security Council (DKN) in the ideal laws and regulations, which if referring to the Law Number 5 of 2018, it seems to be played by the National Counterterrorism Agency (BNPT) with all its special limitations related to the eradication of terrorism. With regard to regulatory reconstruction, that the title of the current legislation, namely the Law on the Eradication of Criminal Acts of Terrorism, should be revised to use a broader title, for instance into the Law on the Eradication of Terrorism, by omitting the phrase ‘Criminal Acts’ due to its use, the term ‘Criminal Acts’ seems to reflect to be only on the field of Criminal Justice System. Despite of that, the problems regulated in counter-terrorism are broader than that, because they involve TNI in overcoming acts of terrorism as part of TNI's duties from military operations other than war, and are carried out in accordance with the main duties and functions of the TNI. From the epistemological aspect, there are quite fundamental changes related to the aassignment of TNI and POLRI in dealing with terrorism. The regulation regarding TNI and POLRI certainly cannot be separated from the discussion on the authority of the two institutions, given the intersection of authorities.

Keywords: reconstructing; terrorism; criminal justice system; Indonesia. (search for similar items in EconPapers)
JEL-codes: K23 K33 (search for similar items in EconPapers)
Date: 2020
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