THE WEAKNESSES OF THE PRINCIPLE OF ARRRAGEMENT OF NON-ALUUTSISTA OF THE INDONESIAN NATIONAL ARMY

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The purpose of this research is to examine and analyze the principles of non-defense system and its implications in various countries, and to examine and analyze the weaknesses of the principle of Arrangement of Non-Alutsista (Main Equipment and Weapon) of the Indonesian National Army. The method used in this research was empirical juridical, using primary and secondary data types. And the method of data analysis is qualitative descriptive. The findings of this study are the comparison of the principles of the regulation of Non-Alutsista Indonesian National Army, Law enforcement practices both in the United Kingdom and in the United States, as well as the Netherlands is different from law enforcement that regulates the non-alutsista in Indonesia. Neither in Britain nor in the United States, is law enforcement of non-altarista misuse in both countries subject to the jurisdiction of civil justice. This is different from jurisdiction in Indonesia, until now still subject to Article 149 KUHPM. In such arrangements, the judicial body authorized to resolve the issue of non-alutsista abuses is the military jurisdiction. The weaknesses of the TNI non-defense armament principle, underlying the theory of the legal system, have three subsystems, among which are the legal substance, Legal
Structure and Legal Culture. The values of Pancasila as the source of the source of law, in which the discussion/ mediation of the culture becomes the first alternative in solving the case, but the reality is only the judicial institution which is the only access road to justice.

Keywords: Principle of Arrangement of Non-Alutsista, Indonesian National Army

Kategori : Jurnal Internasional
Nama Jurnal : International Journal of Economic Research
ISSN : 0972-9380
Volume : 14
Nomor : 15
Halaman : 327 s/d 338
Tahun : 2017
Peneliti : Anis Mashdurohatun,, Said Gunawan, Teguh Prasetyo
Diunggah Tanggal : Selasa, 2018-10-16