THE URGENCY OF MILITARY COURTS IN DEFENDING STATE SECURITY IN WAR CONDITIONS

Abstract

This study aims to understand the urgency of military court From of Defense And Security State Interests Especially In The Time of War. The politic of Law in the reform era requires Army personnel who commit general crimes under the jurisdiction of courts of general jurisdiction. In peacetime, this understanding is still pro and contra, but when faced with a legal interest reached forward (ius constituendum), which is within the applicable state of danger, then this understanding will be difficult to accept. In this context, the existence and role of Military Court to be very important in ensuring the defense and security interests of the country. The study used juridical normative relating to principles relating to the urgency of Military Court from of Defense and Security State Interests Especially in the Time of War. The research is fitted with a historical approach and comparative judicial approach. The normative juridical approach is the main approach in this study because it is the center of attention is the policy of Military Court In Case Time of War from Defense and State Security Interest. The policy is based on a philosophy background, cultural values, conceptions, teachings of certain theories, even that has been overshadowed by empirical discoveries into products is clearly the law of employment or activities that are juridical techniques and systematic, The merit of this research is as constructive criticism and correction of the implementation and the role of Military Court during this time should not be interpreted to alter its function in a revolutionary way, but with a serious endeavor in order to be able to evaluate, repair and improvement, particularly with regard to regulatory rules regarding submission Army personnel who commit general crimes as yustisiabel general courts whether in accordance with the norms/rules the formation of legislation in force, and whether it can provide a guarantee of support for the legislation in the interest of national defense and security, as well as how the legal construction that is appropriate doctrine rule of law and the establishment of laws and regulations related to the problem submission Army personnel who commit general crimes especially in times of war. Thus, what are the demands the restoration of the rule of law, and the hope of everyone in law enforcement in the neighborhood of Military Court, undoubtedly still be executed and implemented effectively in order to guarantee the upholding of legal certainty and justice, that the ideals of the law (rechtsidee) nation-state of Indonesia. Target achieved is obtained findings concept of regulatory rules regarding submission Army personnel who commit general crimes as yustisiabel whether the public courts in accordance with the norms/rules the establishment of legislation and regulations. Obtained concept if it could provide a guarantee of legislative support for the defense and security interests of the country. Obtain appropriate legal construction of legal doctrine and rules of the establishment of laws and regulations related to the problem submission Army personnel who commit general crimes especially in times of war