The Development of Politics of National Defense Law in Safeguarding Indonesia's Sovereignty in the Era of Globalization

Abstract

The purpose of this study is to find out how the development of legal politics in the field of national defense since the reform era to the era of globalization. This type of research is normative legal research. This normative legal research is also known as doctrinal law research, using several theories, namely the political theory of law, the theory of popular sovereignty, the theory of authority, the theory of participation, the theory of national resilience. To sharpen the analysis, the writer uses the conceptual framework of the form of the state, the system of government and the concept of national defense. The results showed that the political law of the defense sector after the reform was placed on the concept of civil supremacy, which is based on the 1945 Constitution of the Republic of Indonesia NRI after the amendment pivots to the president as presidential power holder balanced with the role of parliament as a representation of people's sovereignty. President Joko Widodo has actively formulated a number of policies that are derived from the Defense Law, which became his duties and authorities by issuing a number of Government Regulations and Presidential Regulations related to various defense issues that began with Presidential Regulation 97/2015 on the general policy of national defense in 2015- 2019. The Presidential Regulation that has received sufficient public attention is Presidential Regulation 37 of 2019 concerning the functional position of the Indonesian National Army (TNI). This Perpres implements the provisions of article 31 of Government Regulation No. 39 of 2010 concerning the Administration of the Indonesian Armed Forces, which incidentally is the Government Regulation of the President Susilo Bambang Yudhoyono era. Thus in this case there is continuity of maintained political politics.

Keywords: legal politics, national defense, sovereignty, the Indonesian National Army (TNI).

DOI: 10.7176/JLPG/91-20

Publication date: November 30th 2019