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Legis ratio of the Indonesian national army's authority arrangements to overcome armed separatism movements, armed insurgency, and the terrorism

Tri Ubayanto, Sudarsono, Iwan Permadi and Setyo Widagdo
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Tri Ubayanto: Faculty of Law, Brawijaya University, Malang, Indonesia
Sudarsono: Faculty of Law, Brawijaya University, Malang, Indonesia
Iwan Permadi: Faculty of Law, Brawijaya University, Malang, Indonesia
Setyo Widagdo: Faculty of Law, Brawijaya University, Malang, Indonesia

International Journal of Research in Business and Social Science (2147-4478), 2020, vol. 9, issue 3, 105-113

Abstract: 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 Key Words: Authority Arrangements, Indonesian National Army (TNI), separatist movements, armed insurgency, terrorism

Date: 2020
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