ANALISA YURIDIS NORMATIF MEMORANDUM OF UNDERSTANDING (MOU) ANTARA TNI DENGAN KEPOLISIAN RI NOMOR: B/2/I/2018 DAN KERMA NOMOR: 2/I/2018 TENTANG PERBANTUAN TNI KEPADA POLRI DALAM MEMELIHARA KEAMANAN DAN KETERTIBAN MASYARAKAT (HARKATIBMAS) DITINJAU DARI ASPEK KEPASTIAN HUKUM
| Main Author: | Darmansyah, Darmansyah |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/45980/1/PENDAHULUAN.pdf http://eprints.umm.ac.id/45980/2/BAB%20I.pdf http://eprints.umm.ac.id/45980/3/BAB%20II.pdf http://eprints.umm.ac.id/45980/4/BAB%20III.pdf http://eprints.umm.ac.id/45980/5/BAB%20IV.pdf http://eprints.umm.ac.id/45980/6/LAMPIRAN.pdf http://eprints.umm.ac.id/45980/ |
Daftar Isi:
- Military involvelment in civil area of Indonesia during the past few years has become a serious issue. This study refers to Memorandum Of Understanding between TNI and POLRI Number: B/2/I/2018 Kerma Number: 2/I/2018 Pertaining to TNI Assistance to POLRI in Maintaining Public Order and Security, in order to examine the legal force and its implementation. This study applied normative juridical approach which involved law as a public norm. the finding showed that formal aspects related to procedurs of MOU making failed to meet the required elements in Law Number 34 Year 2004 pertaining to TNI and Law Number 2 Year 2002 pertaining to KNRI to involve TNI to assist the POLRI in Maintaining Public Order and Security. The material aspect related to the ruled in MOU contains unclearness and ambiguity due to its incompleteness in elaborating the conditions, requirements, mechanism of request and provision of TNI assistance, flow of responsibilities, and involvelment limitation in Maintaining Public Order and Security. It can e conclude that the MOU as the study object did not contain legal forces or did not have working power for TNI and POLRI. In addition to that, the MOU’s legal implication seemed irrelevant to be used as legal protection to involve TNI in Maintaining Public Order and Security. The government shall rectify, evaluate, and cancel the MOU and the other contradictory MOU. Meanwhile, Police shall recruit and aducate the member comprehensively based on POLRI’s legal authorities, so they can be independent and professional in Maintaining Public Order and Security.