Muhammad Anwar Ibrahim
Universitas Pembangunan Nasional Veteran Jakarta

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Analisis Yuridis Terkait Pembentukan Komponen Cadangan Sebagai Pertahanan Pendukung Negara Ditinjau Dari Prespektif HAM Riyanto Riyanto; Muhammad Anwar Ibrahim; Muhammad Fahrudin; Irwan Triadi
Doktrin:Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Oktober : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Universitas Katolik Widya Karya Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v1i4.1381

Abstract

The defence and security of the Indonesian state is a very crucial thing in the practice of the state so that it requires a component of citizens to participate in efforts to maintain state security in addition to the Indonesian National Army (TNI) and the Indonesian National Police (Polri), the Supporting Component is needed in efforts to defend and secure the state but in practice the community thinks that it is contrary to Human Rights (HAM). The purpose of this study is to carefully examine and analyse the Establishment of the Reserve Component as a State Supporting Defence Viewed from a Human Rights Perspective. The legal research method used is normative juridical legal research method by conducting research on library materials and using a statute approach. The results of the research are that in the Indonesian constitution, the rights and obligations to defend the country by citizens have been regulated through the 1945 Constitution of the Republic of Indonesia, Law No. 3 of 2023 concerning State Defence, Law No. 23 of 2019 concerning Management of National Resources for State Defence, as well as the embodiment of patriotism in the state that can be carried out by a citizen who is then made by the Indonesian Government a state defence system in order to support national defence, namely by implementing a Reserve Component system stipulated in the PSDN Law and the formation of the Reserve Component is not an element of coercion or a form of human rights violation.
Dinamika Hukum Pertahanan Dan Keamanan Negara Dalam Konteks Globalisasi: Tantangan Dan Prospek Di Abad Ke-21 Muhammad Anwar Ibrahim; Irwan Triadi
Hakim Vol 2 No 1 (2024): Februari : Jurnal Ilmu Hukum dan Sosial
Publisher : LPPM Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/hakim.v2i1.1550

Abstract

The ever-evolving global landscape, marked by rapid technological advancements and increasingly complex security threats, places national defense and security law at the forefront of safeguarding a nation's stability, sovereignty, and safety. This research delves into the multifaceted dimensions of defense and security law, aiming to comprehend, evaluate, and analyze legal issues pertinent to national defense and security. Employing a juridical analysis methodology, this study focuses on an in-depth review of existing legal regulations, encompassing a spectrum from constitutional provisions to statutes, governmental regulations, relevant court decisions, and international agreements associated with national defense and security. The juridical analysis comprises several key components. Firstly, an extensive exploration of legal theories in defense and security as elucidated by experts in the field through literature review provides foundational theoretical insights. Secondly, a meticulous examination of legal documents unveils the intricacies of laws governing defense and security, shedding light on fundamental aspects crucial to the nation's safety. Additionally, comparative legal analysis across multiple jurisdictions elucidates the disparities, commonalities, and implementations of laws in defense and security contexts globally. Furthermore, the study of concrete cases offers a practical understanding of legal application in real-world defense and security scenarios. The methodological approach involves an exhaustive scrutiny of legal texts and a meticulous interpretation of pertinent legal aspects, aiming to identify weaknesses within the existing legal framework. From these evaluations, suggestions for enhancements or developments will be proposed to augment the effectiveness and adaptability of laws pertaining to national defense and security. This research endeavors to contribute substantively to the comprehension, advancement, and reform of the domain.