Introduction
The idea of
the rule of law based on the principles of democracy and social
justice in a unified Indonesian society is an idea that seems to be based on
the perception of the founders of the Indonesian state on the historical
reality that the Indonesian nation has experienced (Setiardja, 1990). The historical experience
of the Indonesian nation under the rule of very oppressive feudal kings and
then the western colonizers who also oppressed and exploited natural resources
and society, the Indonesian people realized the need to build a state of law
based on the principle that all actions and authorities of institutions The
state must be based on laws. The roles, duties and authorities of every State
institution, including the roles, duties and authorities of the Indonesian
National Armed Forces, must be based on the law as a manifestation of one of
the characteristics of the rule of law.
Authority is an
important part of the Law of Governance (Administrative Law) because the new
government can carry out its functions based on its authority (Ridwan, 2020). The legitimacy of government action is measured based on the
authority regulated in the legislation (Koentjoro, 2004). Regarding authority,
it can be seen from the State Constitution, which gives legitimacy to Public
Bodies and State Institutions in carrying out their functions. Authority is the
ability to act given by applicable law to carry out legal relationships and
actions.
Authority is obtained
by attribution, delegation, and mandate. Each of these is explained as follows:
Authority obtained by "attribution," namely the granting of new
government authority by a provision in the legislation (Indroharto, 2000). Thus, a new government authority is created. In the
delegation, there is a delegation of an existing authority by the State
administration Agency or Position that has obtained an attributive government
authority to another State administration Agency or Position. A delegation is
always preceded by the attribution of authority. There is no granting of new
authority or delegation of authority from one State Administration Agency or
Position to another in the mandate (Marbun, 2011).
Terrorism is "a
tactic of coercion that employs or threatens to employ violence to spread fear
and achieve political or ideological objectives" (Almaged, 2021). The description of acts of terrorism as a crime against the
state and a serious threat to the sovereignty of each country can be seen from
the latest developments in acts of terrorism in Indonesia, namely the Santoso
armed group in the Poso region, which is the East Indonesia Mujahidin group
(MIT), namely the Islamic State terror group (Syafrudin, 2000). In the country and
establish relations with ISIS. In dealing with the terrorist acts of Santoso's
armed group, the Tinombala operation has been held since January 10, 2016. In
this case, the involvement of the TNI in assisting the Police has
succeeded in shooting dead the MIT leader, Santoso alias Abu Wardah. One of his
subordinates, Muchtar from Palu, in a shootout with the TNI. Finally, the TNI
has also succeeded in arresting Jumiatun alias Umi Delima, the second wife of
the late Santoso (Ihsan, 2019).
These events have shown
that acts of terrorism in Indonesia (Santoso's armed group) have developed,
which are not just extraordinary crimes. However, acts of terrorism in
Indonesia (related to the ISIS organization) are transnational crimes aimed at
separating from the Republic of Indonesia (Sholikin, 2018).
When referring to the
formulation of Article 7 paragraph (2) and its explanation, it is very clear and
firmly determined that a military threat is a threat that uses organized armed
force, which is considered to have capabilities that endanger the sovereignty
of the state, the territorial integrity of the state and the safety of the
entire nation. One form of military threat is armed terror acts formulated in the
elucidation of Article 7 paragraph (2) letter e. The most important thing and
needs to be understood by all components of the nation is that the military
threat places the TNI as the main component, including in overcoming
armed terror acts in Indonesia.
The problem is
because, in the explanation of Article 7 paragraph (2), there is no limitation
on when the TNI is given the authority to directly handle the armed
terrorism act, including the forms of armed terrorism that the TNI can
handle, so that if an armed terror act occurs, the role of the TNI is
still limited to assisting the Police, such as in the Tinombala operation in
Poso.
Furthermore, Article 7
paragraph (2) letter b number 3 of Law Number 34 of 2004 concerning the TNI states,
"(2) The main tasks as referred to in paragraph (1) are carried out by
"b. military operations other than war" and point 3. "Overcoming
acts of terrorism." Thus, if we refer to the formulation of Article 7
paragraph (2) letter b number 3 above, it is very clear that one of the main
tasks of the TNI in military operations other than war is
"overcoming acts of terrorism." This means that the TNI's
authority in dealing with acts of terrorism can be exercised through a request
or without a request from the Police as formulated in Article 7 paragraph (2)
lift 10 of the TNI Law. In other words, the TNI "could"
have the "authority" to deal directly with acts of terrorism,
especially armed terror acts that occurred in Indonesia, without going through
a request for assistance (Indonesia, 2004).
The question is
"whether the authority of the TNI as stipulated in Article 7 paragraph (2)
letter b number 3 can be implemented without waiting for other laws and regulations
or implementing regulations?". To answer this question, we need to look at
the formulation of Article 7 paragraph (3) of the TNI Law, which states,
"(3) The provisions as referred to in paragraph (2) are implemented based
on state political policies and decisions". The formulation of the article
above explicitly stipulates that the duties of the TNI in Military
Operations Other Than War (OMSP), including the authority of the TNI
in "overcoming acts of terrorism," can only be carried out if there
are state policies and political decisions." According to the Elucidation
of Article 5 of Law Number 34 of 2004 concerning the TNI that "What
is meant by state political policies and decisions are the political policies
of the government together with the House of Representatives which are
formulated through a working relationship mechanism between the government and
the House of Representatives, such as consultation meetings and working meeting
under the laws and regulations" (Indonesia, 2004).
Thus, the TNI
can handle acts of terrorism directly without going through a request if a
state policy and political decision are issued between the Government/President
and the DPR RI (Government committee). The next problem is that until now,
there have been no state political policies and decisions from the President
and the DPR RI related to the TNI's task of dealing with acts of
terrorism, so the provisions as formulated in Article 7 paragraph (2) letter b
number 3 cannot be implemented.
The concept of
rechtstaat and the rule of law are conceptions of the rule of law in our
language in Indonesia. Rechtstaat is the concept of the rule of law according
to the European version and tradition. However, the notion as it is understood
today is different from the classical period (Siallagan, 2016). Likewise, the concept of the rule of law, which is more or
less also the conception of the rule of law according to the Anglo-American version
and tradition, has also developed its meaning from time to time. If we look at
the rule of law in Indonesia, it is related to the ideas and inspirations of
the founders of the Republic of Indonesia. It is peculiar that the Indonesian
rule of law is built on democracy and social justice principles in a unified
Indonesian society. This can be seen clearly when we read the main ideas
contained in the Preamble to the 1945 Constitution, which contain the following
main ideas: a) The state protects the entire Indonesian nation and the entire
homeland of Indonesia based on unity by realizing social justice for all
Indonesian people. b) A sovereign state of the people, which is a state-based
on populist and representative deliberation.
Furthermore, in the
Elucidation of the 1945 Constitution, when it was not yet amended, Indonesia
was a state based on the law (Rechtstaat), not based on mere power
(machtsstaat). This is stipulated in Article 1 paragraph (3) of the 4th
amendment of the 1945 Constitution, which states, "The State of Indonesia
is a state of law." The provisions of the article are the constitutional
basis that Indonesia is a country based on law, and the law is placed as the
only rule of the game in the life of society, nation and state (supremacy of
law). The rule of law is our system of government, this is explained by our
Constitution (Adji, 1977). It contains
"safeguards" regarding the human personality so that it should not be
violated, in addition to showing the desire to balance the interests of the
community that are protected as well. He aspires that "dignity of
men" can be enjoyed by everyone, he upholds human rights among which
"free opinion" and "free expression" are fundamental and
essential for democratic life in a state of law. Therefore, all aspects of
life, both the social, political, cultural, economic, and so on, are regulated
by law. All problems or problems that arise in people's lives are resolved
according to applicable law.
From the various
definitions of authority mentioned above, the researcher concludes that
authority has a different meaning from competence. Authority is formal power
that comes from the law. At the same time, authority is a specification of authority,
meaning that whoever (legal subject) is given authority by law. He is
authorized to do something that is within that authority. The authority possessed
by government organs (institutions) in carrying out real actions, making
arrangements or issuing decisions is always based on the authority obtained
from the constitution by attribution, delegation, and mandate.
In addition to
attribution, delegation and mandate as sources of authority, other sources of
authority are also known, namely "Discretion," which is a decision
and action determined and carried out by government officials to overcome
concrete problems faced in the administration of government in terms of laws
and regulations (Salim, 1994). Which provides choices,
does not regulate, is incomplete or unclear, and there is government stagnation".
The need for discretion is due to the development of society. Often, certain
urgent circumstances prevent Government Officials/ Administration Agencies from
exercising their authority, especially those bound (gebonden bevoegheid) to
normally carry out legal and factual actions.
Method
This research was
conducted using a normative juridical research method by conducting a
comprehensive study based on legislation and empirical juridical research,
namely conducting an assessment based on observations of the handling of acts
of terrorism in Indonesia involving the TNI (Sari et al., 2021). The research
method can be described as follows: 1) data collection methods include
literature study in order to obtain materials and information needed under the
subject matter with data material from primary law and secondary law, then the interview
method, interview techniques are carried out directly to the research sample,
namely officials who are competent in the field of forming laws and regulations
within the ministry of defense of the Republic of Indonesia, the ministry of
law and human rights and the TNI Headquarters, interviews were conducted
with a question guide to deviate from the problems studied. 2) data analysis
method, in which the data has been obtained from the study results and then
continued with quantitative data analysis, namely analyzing data based on its
quality and then described, then it becomes an understandable sentence form (Valerine, 2014).
Moreover lastly, using
the approach method used in legal research, there are several approaches. With
this approach, the researcher will get information regarding the problems being
tried to find answers to. The approach used in this research is to use the
approach of legislation. Normative juridical research explains the legal
principles contained in the statutory provisions.
Results And Discussion
In
an interview with Anang Puji Utama as the Director of Legislation, the
Director-General of Stronghold emphasized that if you look at the formulation
of Article 7 paragraph (2) of the TNI Law, it is unusual for the mandate
as regulated in paragraph (3) because the delegation should be concrete. He
suggested that government regulation be formed to implement the provisions of
Article 7 paragraph (2) letter b number 3 because it is in line with the spirit
of the constitution. In contrast, if it is in the form of a presidential
regulation, it is considered not in line with the constitution in Article 5
paragraph (2) of the 1945 Constitution.
Meanwhile, the results
of interviews with members of the Indonesian House of Representatives from Commission
III of the PPP faction confirmed that implementing the provisions of Article 7
paragraph (2) letter b number 3 is more appropriate if it is made in the form
of a Presidential Regulation. The reason is that the TNI Law does not regulate
the delegation of OMSP tasks through the PP as mandated in Article 5
paragraph (2).
Muhammad Syafei
conveyed the same thing as Chair of the special committee on the Terrorism Bill
from the DPR RI, who emphasized that to implement the provisions of Article 7
paragraph (2) letter b number is through the establishment of a Presidential
Regulation as the attribution of Article 4 paragraph (1) of the 1945
Constitution.
There are several discussions
in this discussion which consists of sections. First, we will discuss the
restructuring of the role of various state institutions, especially the TNI,
and the role of the Indonesian military as a pioneer, stabilizer and dynamist
of nation-building, which during the 32 years of New Order rule seemed untouched,
has become a debate�crowded from various circles of society, especially from
the college community and civil political elites.
The debates that sound
like lawsuits even tend to blaspheme and corner, among others, as the biggest
human rights violator in Indonesia, dominating the role in the political field,
and there are many other lawsuits which, if not handled wisely and wisely by
the TNI leadership will cause new problems. The emergence of blasphemous
claims from various circles of society against the TNI so far considers that
the TNI is less professional in managing and handling every problem
faced by the nation and state, both in its role in the field of defense and
security and socio-politics. In the context of a complete understanding of the
role of the TNI in the present and the future, it includes firstly,
defending the country's sovereignty from external threats, secondly,
maintaining domestic security from internal threats, and thirdly, making an
active contribution to nation-building. Fourth, encourage the development of
democracy and civil society, fifth, help improve people's welfare in the
broadest sense and sixth, play an active role in peacekeeping tasks in the
context of efforts to realize world peace.
Flowing from the
dynamics of the strategic environment, the potential threats to face are
potential. There are water security issues in the region, border areas,
territorial violations, human rights, environmental pollution, and natural
disasters, which are factual. Security of the Malacca Strait and outer islands,
terrorism, separatism, illegal activities, horizontal conflicts and energy
scarcity.
To respond to the
geographical constellation of the country and possible threats, as well as
being confronted with the roles and tasks of the TNI, it is felt that
there is a need for restructuring or realigning the roles, functions and duties
of institutions, especially the TNI so that it is hoped that in the
future the TNI will become a professional, effective, efficient and
modern defense force. Moreover, always ready to secure and maintain the
sovereignty of the State, territorial integrity and the safety of the entire
Indonesian nation.
It is hoped that in
the future, the role of the TNI as regulated in Article 10 paragraph (1)
of the TNI Law, which states that the Indonesian National Army acts as a
tool for the defense of the Unitary State of the Republic of Indonesia,
"is no longer interpreted narrowly or limitedly" to deal with threats
or attacks from outside countries (Invasion of the Republic of Indonesia), (aggression),
but much more broadly, namely that national defense is one of the functions of
state government which is an effort to realize a unified national defense in order
to achieve national goals, namely to protect the entire nation and the entire
homeland of Indonesia, promote the general welfare, educate the life of the
nation. Nation and participate in carrying out world order based on freedom,
eternal peace and social justice.
The main tasks
formulated in Article 7 paragraph (1) are carried out through OMP and OMSP,
whose state political policies and decisions must be implemented. The use of TNI
forces in OMSP is carried out in accordance with state political policies
and decisions with a priority in deploying TNI forces to carry out
border security with neighboring countries in the form of coordinated patrols (Patkor);
deploying TNI forces in conflict-prone areas and prone to lawlessness at
sea and in the air; provide security for the President and Vice President and
their families; alerting TNI forces to carry out operations to overcome
armed separatist movements, overcome armed insurgencies, overcome acts of
terrorism, secure strategic national vital objects, carry out world peace
tasks, empower defense areas, assist local government tasks, assist the Indonesian
National Police, help secure guests the state, helping to cope with the
consequences of disasters, SAR, assisting the Government in securing shipping
and aviation; build military cooperation with other countries, guided by the
three substances of the military cooperation framework established by the
Ministry of Defense, in order to build mutual trust, prevent conflict, and
jointly seek the best solution, in the form of coordinated patrols, joint
exercises, exchange of soldiers, visits/goodwill and other military cooperation
forums, optimizing the role of the TNI in the form of TNI Service
in order to support national development and improve the welfare of the community,
especially remote and disadvantaged areas.
The existence of a
narrow meaning of the role of the TNI as a means of state defense which
is only tasked with dealing with threats or attacks from outside countries, has
resulted in the involvement of the TNI in dealing with various national
problems, which always gets the spotlight and criticism from various circles of
society. One of them is the implementation of the TNI's duties in OMSP
to overcome acts of terrorism, which getting rejection by various NGOs, human
rights observers and other community groups. In general, the reason for the refusal
is that acts of terrorism are the domain of the Police, and the TNI has
no legal basis and has taken over the role of the police in the field of
Kamtibmas and law enforcement.
Purnomo Sucipto, an
observer of laws and regulations, in his article "What you need to know to
make laws and regulations," emphasized that in drafting laws and
regulations, the use of language is very important. If the public can understand
the language used in the legislation, it can be expected that the legislation will
be implemented. On the other hand, if the language cannot be understood, it
will not be easy to expect the objectives of the legislation to be achieved.
The general public (ordinary person) should easily understand the language
in-laws and regulations, not only by the maker, legal scholars, or legal
practitioners. The language of laws and regulations is subject to Indonesian
grammar rules, word formation, sentence structure, writing techniques, and
spelling. However, the language of laws and regulations has its style,
characterized by clarity or clarity of understanding,straightforwardness,
standardization, harmony, and adherence to principles under legal requirements,
both in the formulation and the way of writing. Concerning the realignment of
the role of the TNI in regulations, it is necessary to avoid mistakes in
the narrow meaning of the role of the TNI. The substance of the role of
the TNI in legislation must be formulated firmly and clearly so that the limits
of the formulation of the role of the TNI as a State tool in the defense
sector are not only facing threats or attacks from outside (traditional
threats) but also facing threats and disturbances from within (non-traditional
threats) through OMSP.
The role is a dynamic
aspect of the position (status) owned by a person, while status is a set of
rights and obligations that a person has. If a person performs the rights and
obligations according to his position, he carries out a function. The role can
also be formulated as a series of certain behaviors caused by a certain
position. A person's personality also affects how that role should be carried
out. The roles played are essentially no different, whether those played by top,
middle or lower-level leaders will have the same role.
The role is a concept
of what behavior can be carried out by individuals in society as an
organization. The role can also be said to individual behavior, which is
important for the social structure of society. A role is an orderly sequence
that results from a position. Humans as social beings tend to live in groups.
There will be interactions between community members and other members in group
life. In the growing interaction between them, there is interdependence. In
social life, what is called a role appears. The role is a dynamic aspect of a
person's position. If a person carries out his rights and obligations according
to his position, the person concerned carries out a role. To provide a clearer
understanding, it is better first to understand the meaning of the role (Thoha, 1997). From some of the definitions above, the researcher can
conclude that the role is an attitude or behavior that many people or groups
expect of people towards someone who has a certain status or position. When
associated with the TNI, the role does not mean the rights and
obligations of individual TNI soldiers. However, it is the duty and
authority of the TNI as an institution/institution.
Indonesia is a state
of law. The main pillar in realizing the principle of the rule of law is the
formation of laws and regulations and the arrangement of state institutions.
According to the definition of experts, the definition of the role is a dynamic
aspect of position or status. A person carrying out rights and obligations
means that he has carried out a role.
Second, regarding the
improvement of laws and regulations, the formation of laws and regulations is
one of the requirements in the framework of developing national law, which can
only be realized if it is supported by definite, standard, and standards methods
and methods that bind all institutions authorized to make laws and regulations.
There are two kinds of
legal development strategies which ultimately have implications for the
character of the legal product, namely the development of "orthodox"
law and the development of "responsive" law. In the orthodox legal
development strategy, the role of state institutions (government and
parliament) is very dominant in determining the direction of legal development.
It is more positivist-instrumentalist, a powerful tool for implementing state
ideology and programs. Meanwhile, in a responsive legal development strategy,
it produces laws responsive to the demands of various social groups and
individuals in society.
The law concerning the
formation of laws and regulations implements Article 22 A of the 1945
Constitution of the Republic of Indonesia, confirming that further provisions
regarding the formation of laws are further regulated by law. The order has
been implemented, namely with the enactment of Law Number 10 of 2004 concerning
the Establishment of Legislation which was later replaced by Law Number 12 of
2011 concerning the Establishment of Legislation (Indonesia, 2011).
However, from the several
improvements made to the Law on the formation of legislation, there is no
limitation on the phrase changing the umpteenth time in the law title. As a
result, law users are confused about which arrangements are still in use and
the mention of a law. This happened in 3 (three) laws revised up to the third
and some even up to the fourth, which can be seen from the law's title.
Eventually, this will affect the parties related to the regulation.
According to Purnomo
Sucipto, an observer of laws and regulations, in his article "What you
need to know to make laws and regulations," Legislation is not an opinion
or academic article made based on opinion or theory alone. Opinions and
articles do not have the power to compel others to do or not to do. On the other
hand, laws and regulations are legal documents with sanctions and consequences
for regulated ones. Legislation is also a political document that contains the
interests of various parties. Several things that lawmakers need to know
include: 1) knowing the theory of legislation, 2) knowing the process of making
laws and regulations, 3) knowing special things, and 4) knowing general things.
Concerning the
formation, refinement and synchronization of legislation related to the
handling/eradication of acts of terrorism, it is necessary to apply the
principles of establishing laws and regulations. Based on Article 5 of Law
Number 12 of 2011 concerning the Establishment of Legislations (Indonesia,
2011),
forming laws and regulations must be carried out based on the principles of
establishing good laws and regulations, including a) the principle of clarity
of purpose, b) the principle of institutional or official the right form, c)
the principle of conformity between types, hierarchies, and content material,
d) the principle can be implemented, e) the principle of usability and
usability, f) the principle of clarity of formulation, g) the principle of
openness.
Several laws that need
to be amended or revised include: 1) Law Number 3 of 2002 concerning National
Defense (Hanneg Law), 2) Law Number 34 of 2004 concerning the Indonesian
National Armed Forces (TNI�s Law), 3) Revised Law No. 15 of 2003
concerning the eradication of criminal acts of terrorism, 4) establishment of regulations
for implementing OMSP's duties in overcoming acts of terrorism (Indonesia,
2004).
Meanwhile, the results
of interviews with members of the House of Representatives from Commission III
of the PPP faction confirmed that it is more appropriate to implement the
provisions of Article 7 paragraph (2) letter b number 3 if it is made in the
form of a Presidential Regulation. The reason is that the TNI Law does not
regulate the delegation of OMSP tasks through the PP as mandated in Article 5
paragraph (2).
Muhammad Syafei
expressed the same thing as Chair of the special committee for the Terrorism
Bill from the DPR RI, who emphasized that to implement the provisions of
Article 7 paragraph (2) letter b number is through the establishment of a
Presidential Regulation as the attribution of Article 4 paragraph (1) of the
1945 Constitution. Researchers do not agree with Dirkum Strahah Kemhan Anang
Puji Utama, who emphasized that if the provisions in Article 7 paragraph (2) letter
b number 3 are implemented based on a Presidential Regulation, then it is not
in line with the constitution Article 5 paragraph (2). According to the
researcher, the regulation in the Government Regulation will contradict the provisions
of Article 5 paragraph (2), considering that in Article 7 paragraph (2), there
is no delegation of OMSP tasks regulated by Government regulations.
Meanwhile, the formation of PP is a statutory regulation in Indonesia that the
President determines to carry out the Act as it should.
The content of the
Government Regulation is material for implementing the Law. In the Law of the
Republic of Indonesia Number 12 of 2011 concerning the Establishment of
Legislations (Indonesia,
2011), it is stated that Government Regulations as
"organic" rules rather than laws according to their hierarchy must
not overlap or contradict. Based on the description above, the researcher can
conclude that the Government Regulation cannot be formed if there is no law
that is its parent, PP cannot include criminal sanctions if the Act which is
its parent does not include criminal sanctions, PP cannot expand or reduce from
the provisions of the parent law, and the PP is not intended to implement the
1945 Constitution or the MPR provisions, but the law as stipulated in Article
10 of Law no. 12 of 2011. This is in line with Article 1, number 5, which
states, "Government regulations are laws and regulations stipulated by the
President to carry out the Act properly (Indonesia,
2011).
The last is the
ratification of international conventions tied to terrorism. As a manifestation
of the commitment of the Indonesian people to fight and eradicate terrorism in
the world, Indonesia needs to ratify several international conventions dealing
with terrorism. This is important considering that Indonesia needs a legal umbrella
to combat acts of terrorism both at home and abroad. The general regulations of
the government instead of law Number 1 of 2002 include 1) international
conventions on terrorism and 2) international conventions relating to
international conventions on terrorism.
It is hoped that the
Indonesian government and the Indonesian House of Representatives will ratify
all international conventions related to terrorism to anticipate if terrorist
acts occur outside the territory of Indonesia so that they have a legal
umbrella that can be used to combat acts of terrorism in various countries.
Conclusion
Efforts to overcome
obstacles related to implementing the TNI's authority: a) terrorism must
be redefined not limited to qualifying criminal acts but is a threat to
ideology, state sovereignty, territorial integrity and the safety of the nation,
national and international state security. b) The terrorism law must be
restructured by restructuring the involvement or role of ministries,
institutions and other components of the nation through prevention, prosecution
and recovery. c) it is necessary to immediately establish implementing
regulations from Article 7 paragraph (2) letter b number 3 of Law Number 34 of
2004 concerning the Indonesian National Army. There is a legal umbrella for the
TNI in dealing with acts of terrorism.
Researchers also provide
suggestions such as an effort to overcome is to redefine the notion of
terrorism as a crime against the State that threatens the sovereignty of the
State. In addition, it is necessary to restructure the law by placing various
state institutions, especially the TNI, in dealing with acts of
terrorism, starting from the stages of prevention, prosecution and recovery.
Immediate establishment of implementing regulations from the provisions of
Article 7 paragraph (2) letter b number 3 of Law Number 34 of 2004 concerning
the Indonesian National Army, namely in the form of a Presidential Regulation
whose substance contains the role of the TNI in overcoming acts of
terrorism starting from the stages of prevention, prosecution and recovery (Indonesia, 2004).
REFERENCES
Adji, O. S.
(1977). Pers Aspek-Aspek Hukum. Erlangga.
Almaged, S. (2021). Disseminating knowledge: A
discourse analysis of terrorism in TED talks. Heliyon, 7(2),
e06312. Scopus
Ihsan, R. (2019). Peran Militer dalam Kontra-Terorisme
di Indonesia. Deviance Jurnal Kriminologi, 3(1), 54�68. Google Scholar
Indonesia, R. (2004). Undang - Undang Nomor 34
Tahun 2004 tentang Tentara Nasional Indonesia. Sekretariat Kabinet RI,
Jakarta, (34).
Indonesia, R. (2011). Undang-Undang Nomor 12
Tahun 2011 tentang Pembentukan Peraturan Perundang-undangan. Lembaran Negara
Republik Indonesia Tahun.
Indroharto, S. H. (2000). Usaha Memahami
Undang-Undang tentang Peradilan Tata Usaha Negara, Buku I: Beberapa Pengertian Dasar
Hukum Tata Usaha Negara. Google Scholar
Koentjoro, D. H. (2004). Hukum Administrasi
Negara. Ghalia Indonesia. Google Scholar
Marbun, S. F. (2011). Peradilan Tata Usaha
Negara dan Upaya Administrasi Indonesia. Yogyakarta: FH UII. Google Scholar
Ridwan, H. R. (2020). Hukum administrasi
negara. Google Scholar
Salim, A. (1994). Perbuatan Melawan Hukum yang
Dilakukan oleh Penguasa Menurut Hukum Perdata Beserta Masalah Ganti Rugi. Bahan
Kuliah Pekan Orientasi Dan Penataran Peradilan Tata Usaha Negara, Jakarta. Google Scholar
Sari, M. Y. A. R., Amalia, M., Ridwan, M.,
Jumaah, S. H., Septiani, R., Idris, M., � Wahid, S. H. (2021). Metodologi
Penelitian Hukum. Google Scholar
Setiardja, A. G. (1990). Dialektika Hukum
dan Moral dalam Pembangunan Masyarakat Indonesia. Google Scholar
Sholikin, A. (2018). Potret Sikap Radikalisme
Menuju Pada Perilaku Terorisme Di Kabupaten Lamongan. Journal of Governance,
3(2), 184�202. Google Scholar
Siallagan, H. (2016). Penerapan prinsip negara
hukum di Indonesia. Sosiohumaniora, 18(2), 122�128. Google Scholar
Syafrudin, A. (2000). Menuju Penyelenggaraan
Pemerintahan Negara yang Bersih dan Bertanggung Jawab. Jurnal Pro Justisia
Edisi IV, Universitas Parahyangan, Bandung. Google Scholar
Thoha, M. (1997). Dimensi-dimensi Prima Ilmu
Administrasi Negara, Jakarta: PT. Grafindo Pustaka Persada. Google Scholar
Valerine, J. L. K. (2014). Modul Metode
Penelitian Hukum. Edisi Revisi, (Jakarta: Fakultas Hukum Universitas
Indonesia, 2014). Google Scholar
EFFORTS TO
OVERCOME JURIDICAL CONSTRAINTS IN COUNTERING TERRORISM IN INDONESIA BY THE
INDONESIAN NATIONAL ARMED FORCES