Ratio Legis of Giving Task of Indonesian Military in Handling Terrorism Act as a Part of Military Operation Other Than War

Abstract

Ratio legis is the reason or purpose for making a law, ratio legis is a thought that becomes philosophical basis or content behind the inception of the law. Related to ratio legis, the legislation in every country has different characteristics in arranging it, specifically in the legislation related to the defense certainly has its defense strategy which is adjusted to geographical condition, threat and ideology. State defense is aimed to defend the wholeness of a state, state sovereignty and nation’s safety from threat and disturbance to the wholeness of nation and state. Then state defense of Indonesia can be understood as a total defense system that involve all citizens, regions and other national resources. System of defense is prepared early by the government and held totally, integrated, directed, and continued to enforce state sovereignty, wholeness of region and nation’s safety from the threat of system of stte defense which then it needs to be formulated into instrument of law or legislation. This study uses normative legal research, analyzing relation of article 30 UUD 1945, article 7 UU No. 34 year 2004 on Indonesian Military (TNI) and article 43 UU No. 5 Year 2018 on Eradication of Terrorism Criminal Act and other regulation related to legal issues of regulating terrorism eradication from the perspective of state defense and safety, specifically giving task of Indonesian Military in solving terrorism act as a part of Military Operation other than war. The aim that wants to be achieved is finding consistency and conformity among related laws namely giving task of Indonesian Military in handling terrorism act and its relation to Military Operation other than war. From the study, it obtains an  argument to answer actual issue of terrorism eradication from the relevant and urgent defense and safety perspectives for Indonesia that becomes the focus of this study