URGENSI PERATURAN PRESIDEN TENTANG PELIBATAN MILITER DALAM PENANGGULANGAN TERORISME DI INDONESIA

Abstract

This research concerns the draft Presidential Regulation TNI against terrorism which potentially violates human rights principles. Rules for the duties of the TNI are mandated by Article 43 I of Law Number 5 of 2018 concerning Eradication Criminal Acts of Terrorism. This study analyzes the ability of the Presidential Regulation to guarantee the synergy between TNI and Polri not intent dominance of the war mode approach. This is a normative juridical method study on primary material statutory regulations. The draft Presidential Regulation still contains problems including a clear definition of military operations, funding sources, the provision of broad functions and accountability. According to Igor Primoratz, the draft Presidential Regulation should not use threats and violence that leads to a morally worse state terrorism.