YURIDIKA
ISSN
Vol. 23 / No. 1 / Published : 2008-01
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Original Article :
Wajib bela negara dan prinsip pembedaan dalam hukum humaniter internasional (kajian pasal 30 uud 1945)
Author :
- Lina Hastuti*1
- Pengajar pada Departemen Hukum Internasiona, Fakultas Hukum Universitas Airlangga
Abstract :
The main provision of state defense is as provided in Article 30 UUD 1945 and is further regulated by the Act No. 20 year 1982 regarding General Provision on the Defense and Security of the Republik of Indonesia, which was amended by Act No. 3 year 2002 regarding State Defense. The concept of peoples participation in state defense and security system (sishankamrata) as stated in the previous Act was replaced by state defense system by the later Act. In order to implement the new Act, there has been an effort by government to draft a Bill regarding Reserve Component of the State Defense. Several important issues in the Bill are including the active involvement of civilian in the activity of state defense which can only be implemented if all resource of the Indonesian National Army (TNI) have had been maximally employed. Decision to mobilize and demobilize civilian is granted by the President with approval from the Parliament. Moreover, member of the Reserve Component after being mobilized has a new status as combatant. Therefore, if the Bill regarding Reserve Component of the State Defense is approved by the Parliament and become an Act - and there is no significant modification to the provision on the status of civil citizen after being mobilized – it will be clear that all civil citizens who involve in state defense activity must then be treated as combatant.
Keyword :
international humanitarian law, distinction principle,
References :
Archive Article
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 Volume : 23 / No. : 1 / Pub. : 2008-09 |
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