RECONSTRUCTION ON THE REGULATION GOVERNING THE NON-PRIMARY WEAPON SYSTEM AS AN EFFORT TO ACHIEVE LEGAL PROTECTION FOR THE INDONESIAN MILITARY BASED ON THE LEGAL CERTAINTY AND DIGNIFIED JUSTICE PRINCIPLES (original) (raw)

This study aims to reconstruct principles of law governing the non-primary weapon system to provide a legal protection for the member of the Indonesian military (TNI) based on the values of certainty and justice. The study has found: (1) the principle of non-primary weapon system is subject to Law Number 34 of 2004 on TNI, especially the principle of civilian supremacy. There are also regulations which are having the same character, namely Article 149 of the Indonesian Military Criminal Code (KUHPM) and the Decree of the Commander in Chief of the Army Number SKEP/346/X/2004 but unfortunately the Decree is valid only internally. These regulations have created, however, uncertainties and injustice. (2) Lacunae, the weakness in the principle governing the TNI\'s non-primary weapon system, has violated legal certainty and justice; law enforcement is unfair, since it is enforceable only for members of the TNI and binding internally, while at the same time civilians who abusing the non-primary weapon system are not subject to legal proceedings, let alone criminal sanctions; therefore no equality before the law. In the reconstruction, the law and its sanctions governing the abusers (both the military and the civilians) of non-primary weapon system has been recommended. There must be a stipulation added to Article 149 KUHPM: ?the non-primary weapon system misuse by civil society is subject to the existing laws and regulations including the Criminal Code, the Civil Code and other specific laws governing economic crimes; and among other things are regulations such as copyrights, trademark, trade secret and patent.

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