Kewenangan Peradilan Militer Pasca Berlakunya Undang-Undang No. 34 Tahun 2004 tentang Tentara Nasional Indonesia

Abstract

 The purpose of this study is to analyze the authority of military court after the issuance of Law No. 34/2004 on the Indonesian National Army. The focus of study is based on Article 3 (4) a of Decision of MPR (the People's Advisory Assembly) No: VII/MPR/2000 on the roles of the Indonesian National Army and the Indonesian Police related to defense and security which are inseparable and become the national politics to achieve the state objectives and Article 65 (2) and (3) of Law No.34/2004 on the subjection of military to public trial in performing general criminal act while the military has been subjugated into a justifiable military court including the civilian related to State Security Defense (Nation and State). National politics (state) must be able to apply the policy of security and defense as a national strategy to achieve the national objectives. The policy of security and defense strategy concerns with the nation's dignity and values, therefore, the national politics should understand the national authority which has been a basic consensus namely Pancasila, UUD 1945, NKRI, and Bhinneka Tunggal Ika in achieving the objective, function and essence of Hankamnas (National Security and Defense). To settle the problem that weakens the National Security and Defense either the defense relating to the duty and function of military as defense apparatus or the involvement of all people because if not implemented it can disturb the national security (security through the development of order and security in law enforcement, the development of defense and security to materialize the national stability).So our country will not be influenced to the situation that weakens the dignity of our people in international relation. This becomes a constraint for Hankamnas because it is related to the duty of the Indonesian National Army as sovereignty upholder. The root of insecurity problem related to civilian order through law enforcement should be both out-world looking and in-world looking because in politics, state must be the unity of National Security Defense, Defense, Security portrayed in international politics, domestic politics, and law and human rights as part of national interest that they must be tightly related to each other and have synergy with the national objective of just and prosperous society.