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
Highlights
Problems related to the Arrangement of the Authority of the Indonesian National Army (TNI) overcoming the Armed Separatist Movement, Armed Insurgency, and Acts of Terrorism in the Republic of Indonesia Law Number 34 Year 2004 About the TNI include Philosophical Problems namely ontologically the distortion of separatist nature, insurgency, and acts of terrorism, and in epistemology, the method of regulating separatist authority, insurgency, and acts of terrorism raises multiple interpretations and does not create integrated legal handling
Conclusions of the Indonesian National Army's Authority Arrangements in overcoming armed separatist movements, armed insurgency, and acts of terrorism in RI law number 34 of 2004 concerning the Indonesian National Army is departing from the desire to abandon ABRI's dual function model, namely as a defense and security force 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
Summary
Problems related to the Arrangement of the Authority of the Indonesian National Army (TNI) overcoming the Armed Separatist Movement, Armed Insurgency, and Acts of Terrorism in the Republic of Indonesia Law Number 34 Year 2004 About the TNI include Philosophical Problems namely ontologically the distortion of separatist nature, insurgency, and acts of terrorism, and in epistemology, the method of regulating separatist authority, insurgency, and acts of terrorism raises multiple interpretations and does not create integrated legal handling. Namely Article 7 paragraph (3) law No 34 of 2004 are implemented based on state policy and political decisions. It deviates from the provisions of Article 5 paragraph (2) of the 1945 Constitution of the Republic of Indonesia which states that The President establishes government regulations.
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