Wednesday, February 15, 2012

Understanding Indonesia Security and Defense Platform



Understanding Indonesia Security and Defense Platform
Concept of Security and Defense in UUD 1945
By David Raja Marpaung


In Article 30 paragraph (2) the 1945 set of concepts of defense and security of the Republic of Indonesia where the national defense and security efforts conducted through the defense and security of the people of the universe (Sishankamrata) by the military and police as the main force and people as a supporting force. In Article 30 UUD 1945 is also set on the roles, responsibilities and functions of Army, Police and the people in the defense and state security.

TNI under Article 30 paragraph (3) of the 1945 Constitution as a state duty to preserve, protect and preserve the integrity and sovereignty, while the Police Department pursuant to Article 30 paragraph (4) of the 1945 Constitution as a means of maintaining state security and public order duty to protect, shelter, serve the public and to uphold the law. As for the people under Article 30 paragraph (1) of the 1945 Constitution have the right and obligation to participate in the defense and state security.

Based on this, the 1945 Constitution carries the basic concepts of defense and security, namely through the People's Security and Defence of the Universe (Sishankamrata) carried out by the TNI and the Police as the main force and people as a supporting force. This can be interpreted that the TNI, Police and the people is a force to be recognized by the 1945 Constitution in order to carry out the efforts of defense and security. Since the Reform Order and the task of TNI and the police authority are separated from each other so that the military currently has the duty and authority in the field of defense (defend, protect and preserve the integrity and sovereignty of the state) while the police have the duty and authority in the field of security (maintaining security and order public duty to protect, nurture, serve the community and to uphold the law) and the people as a supporting force of the TNI and the Police.

I observe that this is the first error lies in the State of Indonesia in the areas of defense and security. The 1945 still uses the title of the chapter called "Defense and State Security", it really did not understand the country apart from that proposed by Prof. integralistic. Soepomo where the state is defined as the integral fabric of society and society is an organic unity. State and society is a unity that is identical and can not be viewed separately. Prof. understand. Soepomo assumes that the state no more than the people who organized, maintained its order, governed, or controlled by the state. Obviously the concept of "integrative state" adopted by the 1945 Constitution is not appropriate because it would create the country's sovereignty as a commander, instead of "people" who should dinomorsatukan, because "the State" would not exist without the "community" and "society" if not protected well will cause a "state" to be divided.

With the conception of Article 30 UUD 1945 think that's supposed to police and elements of Indonesia's defense and security of other countries must be on duty. I observe that events such as Mesuji, Bima, and Palu is inseparable from the lack of law enforcement officers police their respective ideologies in understanding the spirit of the Article 30 UUD 1945. Spirit of Article 30 UUD 1945 is actually not the "protection of the state" but "protection of society".