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319

THE LEGAL POLITICS OF STATE DEFENSE IN THE CONCEPT OF

SOVEREIGNTY OF THE UNITARY STATE OF THE REPUBLIC OF

INDONESIA

Wahyu Mujiono

Doctoral Program at Jayabaya University Jakarta, Indonesia

wahyumujiono66@gmail.com

ABSTRACT

State defense is any effort to maintain state sovereignty, the territorial integrity of the Unitary State of the

Republic of Indonesia, and the safety of the entire nation from threats and disturbances to the integrity of the

nation and state. The goal to be achieved is to find and analyze state defense arrangements in the concept of

Sovereignty of the Unitary State of the Republic of Indonesia. and to find and analyze the ideal concept of

state defense legal politics in the concept of Sovereignty of the Unitary State of the Republic of Indonesia.

This research uses normative juridical research with statutory, conceptual, comparative, philosophical, and

historical approaches. Sources of legal materials used primary, secondary and tertiary sources of legal

materials, the analysis used is qualitative. Based on the results of the study, it shows that state defense

arrangements are regulated in Article 1 of Law number 3 of 2002 concerning State Defense and Law

Number 34 of 2004 concerning the TNI in this Law, what is meant by state defense is all efforts to maintain

state sovereignty, the territorial integrity of the Unitary State of the Republic of Indonesia, and the safety of

the entire nation from threats and disturbances to the integrity of the nation and state. The Ideal Concept of

State Defense Legal Politics in the Concept of Sovereignty of the Unitary State of the Republic of Indonesia

is Defense Law Politics which refers to various juridical policies, where elements of the people must be

given proportional space in defense considering the dynamics of the development of an increasingly

dynamic national, regional and global strategic environment.

Keywords: Legal politics, State Defense, Sovereignty of the Republic of Indonesia

This article is licensed under CC BY-SA 4.0

INTRODUCTION

Viewed from the point of view of constitutional law, the state is an organization of power,

and an organization of power and that organization is a working system rather than state fittings

which is a whole, a working system that describes the relationship and division of duties and

obligations between each of the tools of the state to achieve a certain goal (Kusriyah, 2017).

According to Woodrow Wilson, States are people who are governed by law within a certain

territorial boundary. Meanwhile, if we look at it from the point of view of the nature of the

State, the state is a container of a nation created by the state for territorial boundaries in

achieving the ideals or goals of its nation or it can also be said that the purpose of the state is

related to the nature of a state. Similarly, Aristotle's opinion is that the state is formed and

maintained because the state aims to provide a good life for all its citizens (Strong, 2019).

The philosophical foundations contained in the preamble to the 1945 NRI Constitution,

namely maintaining sovereignty, protecting the entire nation and spilling blood, educating the

nation's life, advancing the general welfare, and participating in world peace have not been

benchmarked in sectoral laws governing current security that has weaknesses. Law Number 3

of 2002 has focused on the development of state defense. State defense, also called national

defense, is any effort to maintain the state's sovereignty, the territorial integrity of a country

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and the safety of the nation from threats and disturbances to the integrity of the nation and state

(Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, n.d.).

The achievement of legal goals will lead or lead to the achievement of state goals. As a

means of achieving state goals, legal goals must be achieved first so that state goals will be

realized properly. Therefore, the state defense strategy that can guarantee the establishment of

the Unitary State of the Republic of Indonesia (NKRI), as well as to respond to future state

defense challenges, is the application of the Universal Defense System in the form of a Layered

Defense Strategy that synergizes the military defense layer with the non-military defense layer.

The Layered Defense Strategy, which combines military defense layers and non-military

defense layers, is a manifestation of the participation of all Indonesian citizens in the country's

defense efforts by utilizing all national resources to the fullest. It is very clear the role of legal

politics in the state defense system in Indonesia in realizing state sovereignty.

Political law is a part of the study of legal science which consists of two disciplines, namely

political science and legal science. Moh. Mahfud MD, considers the politics of law to be

included in the discipline of law. He argued that legal politics is defined as a legal policy that

will or has been implemented by the government. These legal politics includes the creation of

laws that are intrinsic to the making and updating of legal materials so that they can be adjusted

to the needs, and the implementation of existing legal provisions, including the enforcement of

agency functions and the guidance of law enforcement (Mahfud, 1998).

The politics of national law was first officially created by the founders of the Indonesian

nation, namely Pancasila which is a mirror of the diversity of cultures and customs of the nation

in the container of the unitary state of the Republic of Indonesia. Pancasila is a principle that

serves as a guide and guides in the formation of the 1945 Constitution, laws, and other

regulations. Pancasila is a fundamental norm that builds legal norms under it in a tiered manner

so that the legal norms under it do not conflict with higher legal norms. Pancasila is also a legal

mind (rechtsidee) in the life of the Indonesian nation (Cita Hukum Adat, Cita Hukum Islam,

Dan Cita Hukum Eks Barat Berlaku Di Indonesia Sebelum Indonesia Merdeka. Namun

Demikian, Sesudah Indonesia Merdeka, Ketiga Cita Hukum Tersebut, Akan Menjadi Bahan

Baku Dalam Pembentukan Cita Hukum Nasional Di Indonesia Yang Biasa Disebut Cita

Hukum Pancasila.” Zainuddin Ali Mengasumsikan Secara Yuridis Normatif. A. Hamid At-

Tamimi, Pancasila: Cita Hukum Dalam Kehidupan Bangsa Indonesia, Makalah Disampaikan

Pada BP7 Pusat, Jakarta, 1993,77., n.d.).

Efforts to realize the unity and unity of each nation have a long historical experience that

is not always the same, especially in Indonesia, efforts to unite began during the time of the

national movement. At that time, the national fighters realized that unity and unity were

indispensable as the main capital to deal with Dutch colonization. In line with the dynamics of

the times in the current era, the quality of unity and unity of the Indonesian nation is inseparable

from the influence of globalization values which result in the world becoming borderless

(borderless society). Currents of democratization and interdependence, as well as

environmental issues also play an important role in changing the pattern of interaction between

countries where everything is embedded in the construction of globalization as its main

impulse. This significantly changes the geopolitical and geostrategic maps of almost all

regions, followed by instability that has the potential to become a threat to the existence of a

country. This condition, of course, can have a direct impact on the weakening of the quality

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building of national unity and unity, which if not seriously watched out can give birth to the

seeds of national disintegration (Rudolph, 2003).

The development of the strategic environment at the global, regional, and national levels,

is increasingly dynamic and complex, giving rise to threat dynamics from various defense

sectors. Article 15 paragraph (1) of the state defense law specifies that in order to establish the

general policy of state defense, the President is assisted by the National Defense Council. If

Article 15 paragraph (1) specifies that the National Defense Council is established to assist the

President in establishing the general policy of State Defense, then Article 15 paragraph (2) adds

to the advisory function of the National Defense Council which includes the deployment of all

components of state defense.

Article 15 paragraph (3) further specifies "In order to carry out its functions, the National

Defense Council shall have the following duties:

a. Reviewing, assessing, and formulating integrated state defense policies so that

government departments, non-departmental government agencies, and the community and the

Indonesian National Army can carry out their respective duties and responsibilities in

supporting the implementation of state defense.

b. Reviewing, assessing, and formulating integrated policies for the deployment of state

defense components in the context of mobilization and demobilization.

c. Reviewing and assessing the risks of the policies to be established.

The National Defense Council is headed by the President of the Republic of Indonesia

(Article 15 paragraph (4)) with permanent members, Vice President, Minister of Foreign

Affairs, Minister of Home Affairs, Minister of Defense, and Commander of the TNI (Article

15 paragraph (6) and non-permanent members, consisting of government and non-government

officials deemed necessary in accordance with the problems faced (Article 15 paragraph (6).

As a sovereign nation, the Indonesian nation needs to have a defense state that is able to

support development. The defense of the country is necessary so that the state goals to be

achieved are avoided interference and obstacles. These disturbances and obstacles can be in

the form of internal and external problems of a nation faced. Therefore, the legal politics that

are implemented need to be carried out through a systematic and integrated legal development

planning mechanism. Good legal development will support equitable national development in

all fields.

Based on the background description of the problem above, the researcher tries to

formulate several problems as follows: How is the regulation of state defense in the Concept

of Sovereignty of the Unitary State of the Republic of Indonesia and How is the ideal concept

of state defense law politics in the concept of Sovereignty of the Unitary State of the Republic

of Indonesia?

METHOD

The method in this study serves to examine how the data is collected and how the data

is analyzed, as well as how the results of the analysis will be implemented. According to

Soetandyo Wignjosoebroto in legal research and its essence as scientific research, in a literal

sense method means "way" (Irianto, 2009). This research is based on Normative Juridical Law

research. Normative legal research includes the study of legal principles, legal systematics, the

level of legal synchronization, legal comparison, and Legal History (Nasution, 2008).

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Thus, this research prioritizes library materials or documents called secondary data, in the form

of primary legal materials, including regarding the provisions of Law No. 3 of 2002 concerning

State Defense and other regulations related to this research. A normative research approach is

an approach in normative research that will allow a researcher to utilize the findings of legal

science both empirical and other legal research for the benefit and analysis and explanation of

law without changing the character of science as a normative science (Ibrahim, 2006).

This study with titled "the politics of state defense law in realizing Advanced Indonesia in order

to maintain the sovereignty of the unitary state of the Republic of Indonesia". Using normative

research can be used in the following approaches: Statutory Approach, Conceptual Approach,

Comparison Approach, Case Approach, and Philosophy Approach, Types of Legal Materials

In this Research primary, secondary, and tertiary legal materials analysis of legal materials

used qualitatively.

RESULTS AND DISCUSSION

A. State Defense Regulation in the Concept of Sovereignty of the Unitary State of the

Republic of Indonesia

State defense is essentially any universal defense effort, the implementation of which is

based on awareness of the rights and obligations of all citizens as well as confidence in one's

own strength to maintain the survival of an independent and sovereign Indonesian nation and

state. Equality implies the involvement of all people and all national resources, national

facilities, and infrastructure, as well as the entire territory of the country as a whole and

comprehensive defense unit (Departemen Pertahanan Republik Indonesia, 2008).

State Defense aims to maintain and protect state sovereignty, the territorial integrity of

the Republic of Indonesia, and the safety of the entire nation from all forms of threats. The

purpose of state defense in maintaining state sovereignty includes efforts to maintain the state’s

ideological system and the country's political system. In maintaining the state ideological

system, state defense efforts are directed at escorting and securing Pancasila as the basis of the

state and the philosophy of the Indonesian nation. Any attempt to replace the ideology of

Pancasila will face state defense instruments that are ready at any time to defend and defend it,

while in maintaining the country's political system, State Defense efforts are directed to support

the realization of a democratic, stable, clean and authoritative state government that contains

values. A stable, clean, and the authoritative government allows for the implementation of

national development properly.

Article 30 of the 1945 Constitution is an article that regulates the defense and security

of the Indonesian state, before the second amendment article 30 only explained state defense,

but after the second amendment that occurred on August 18, 2000, in the annual session of the

MPR-RI article 30 of the 1945 Constitution was amended and equipped with state defense and

security, the reason for the improvement was based on conceptual linkages, that defense affairs

and state security affairs are inseparable in a state and run and are carried out simultaneously,

so that these issues are organized in the same chapter in an integrated manner (Komentar Atas

Undang-Undang Dasar Negara Republik Indonesia Tahun 1945, Loc.Cit, n.d.).

Article 30 of the 1945 Constitution, which is the legal basis for realizing state defense

and security, is as follows: 1) Article 30 paragraph 1 reads: "Every citizen has the right and

obligation to participate in the defense and security efforts of the state". 2) Article 30 paragraph

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2 reads: "State defense and security efforts are carried out through the universal people's

defense and security system by the Indonesian National Army and the National Police of the

Republic of Indonesia, as the main force and the people as the supporting force.

This formulation, it seems, is not much different from the old concept of the Universal

People's Security Defense System (Sishankamrata). According to the provisions used during

the New Order period, Sishankamrata is defined as "the order of the entire State security

defense force consisting of the basic components of the trained people, the main components

of the ABRI, the special components of community protection, and the supporting components

of natural resources, artificial resources, and national infrastructure, in a comprehensive,

integrated and directed manner". Thus, the value system underlying our defense politics, in

essence, has not changed, even though the 1945 Constitution has been amended and the TNI

and Polri have been separated, resulting in a separation between the fields of 'defense' and

'security'. What distinguishes between the two is that there is no longer a trained people as a

basic component in defending the country. The latest Defense Law only recognizes three

components of defense, namely the TNI as the main component, followed by the reserve

component, and the supporting component.

The legal basis for state defense and security in the provisions of the People's

Consultative Assembly that is still valid today is tap MPR No. VI of 2000 concerning the

separation of the TNI and POLRI article 2 paragraphs 1 and 2 which reads: a. Article 2

paragraph (1) "The Indonesian National Army is a tool of the state that plays a role in the

defense of the country" b. Article 2 paragraph (2) "The National Police of the Republic of

Indonesia is a state tool that plays a role in the selection of security" (Sekretariat Jenderal MPR-

RI, 2015).

The legal basis for state defense and security in the Law is as follows: a) Law No.3 of

2002 concerning State Defense Law No.3 of 2002 is an Act regulating state defense which was

established on July 8, 2002, by president Megawati Soekarno Putri on behalf of the government

with the House of Representatives (DPR) consisting of 9 (Nine) chapters and 29 (two nine)

articles Background passed State defense laws are based on consideration. First: that state

defense is dotted with the philosophy and outlook on life of the Indonesian nation to ensure the

integrity and persistence of the Unitary State of the Republic of Indonesia based on Pancasila

and the 1945 Constitution. Second: defense is one of the functions of state government which

is an effort to realize a unified state defense in order to achieve national goals. Third: in

organizing state defense, every citizen has the right and obligation to participate in efforts to

defend the state as a reflection of national life that guarantees the rights of citizens to live

equally, justly, safely, peacefully, and prosperously.

The regulations in Law No. 3 of 2002 concerning state defense are as follows: 1) Article

1 paragraph (1) reads "State defense is any effort to maintain state sovereignty, the territorial

integrity of the Unitary State of the Republic of Indonesia (NKRI), and the safety of the entire

nation from threats and disturbances to the integrity of the nation and state." 2) Article 9

paragraph (1) reads "Every citizen has the right and obligation to participate in state defense

efforts embodied in the implementation of state defense." 3) Article 9 paragraph (2) reads "the

participation of citizens in efforts to defend the state as a security in paragraph (1), is organized

through Civic education, compulsory basic military training, service as a soldier of the

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Indonesian National Army voluntarily and compulsorily, and, service according to the

profession."

Law No.34 of 2004 concerning the Indonesian National Army is part of the foundation

for the implementation of state defense related to state defense equipment which was

promulgated in 2004 by president Megawati Soekarno Putri on behalf of the government with

the House of Representatives.

The articles related to state defense in Law No. 34 of 2004 are as follows: 1) Article 1

paragraph 5 of Law No. 34 of 2004 reads "State defense is any effort to uphold state

sovereignty, maintain the territorial integrity of the Unitary State of the Republic of Indonesia,

and protect the entire nation from threats and disturbances to the integrity of the nation and

state, compiled by taking into account the geographical condition of Indonesia as a return

country. 2) Article 5 of Law No. 34 of 2004 reads "The TNI plays a role as a state tool in the

field of defense in carrying out its duties based on state policies and political decisions". 3)

Article 7 paragraph 1 of Law No. 34 of 2004 reads "The main task of the TNI is to uphold state

sovereignty, maintain the territorial integrity of the Unitary State of the Republic of Indonesia

based on Pancasila and the 1945 Constitution and protect the entire nation and all Indonesian

blood spills from threats and disturbances to the integrity of the nation and state.

B. The Ideal Concept of State Defense Law Politics in the Concept of Sovereignty of

the Unitary State of the Republic of Indonesia

Article IV Paragraph (1) of the 1945 Constitution states that "The President of the

Republic of Indonesia holds the power of government according to the Basic Law (UUD 1945),

the president holds the power to form laws with the approval of the House of Representatives

(DPR) and establishes Government Regulations (PP) to carry out the Law (UU) as

appropriate". So here it is very clear that the President holds executive power or holds

government power. In this connection, the President is the highest holder of governmental

power (P. Anthonius Sitepu, 2012).

Talking about the authority and power of the president requires further explanation.

According to ibn Kencana, the authority and power of the president can be divided into two

types, namely as the head of state and as the head of government. The duties and responsibilities

of the head of state include ceremonial matters and state protocols. So it is similar to the

authority of the emperors or kings/queens, but it is not related to the authority to administer the

government. The authority and power of the president as the head of government is his function

as the organizer of legislative duties.

Article 4 paragraph (1) of the 1945 Constitution states; "The President of the Republic

of Indonesia holds the power of government according to the Basic Law". The meaning

contained in the provision is that the president is the head of executive power within the state.

In carrying out his obligations, the president is assisted by one vice president. Thus the Vice

President is in charge of assisting the president. Only in this case, the constitution does not

establish a detailed division of duties. The President holds the power to form laws with the

approval of the House of Representatives, reads article 5 of the Constitution (Tutik & SH,

2016).

Essentially state power is in the hands of the head of state. As the teachings of modern

constitutionalism developed, the main function of holding the Constitution was to limit the

power of such a large head of state. However, if there is no provision expressly prohibited, the

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residual power must by itself inherently be considered or construed to fall within the scope of

the President's power as head of state. This is what is understood as the original power of the

head of state "inherent power of the President". In the 1945 NRI Constitution, the original

power of the head of state is contained in the regulation regarding emergencies, namely Article

12 and Article 22 paragraph (1). These two Articles give the President a strong position in the

Presidential system of government based on the 1945 NRI Constitution.

In connection with that the 1945 Constitution Article 27 paragraph (3) states that "every

citizen has the right and obligation to participate in the defense of the state". Furthermore,

Article 30 paragraph (1) states that "Every citizen has the right and obligation to participate in

the defense and security efforts of the state". Furthermore, Law Number 3 of 2002 concerning

State Defense states that "In organizing state defense, the Indonesian nation adheres to a

universal defense system that involves all citizens, territories and other national resources, and

is prepared early by the government and is organized in a total, integrated, directed and

continuous manner to uphold state sovereignty, territorial integrity, and the safety of the entire

nation from all threats".

The implementation of state defense is not only aimed at war, but also to realize peace,

guarantee the integrity of the Unitary State of the Republic of Indonesia, securing national

interests, and ensure the implementation of national development. State defense serves to

realize and defend the entire territory of the Unitary State of the Republic of Indonesia with all

its contents as a unit of defense.

Indonesia's defense function is organized with a universal system of popular resistance.

This conception of national defense has two functions, namely Military Defense and Non-

military defense. The military defense functions carried out by the Indonesian National Army

include war military operations and military operations other than war. The core of nonmilitary

defense, that is, the empowerment of national resources, which includes the functions of

nonmilitary defense forces and civil defense. Therefore, the defense strategy used is a layered

defense strategy, that is, a state defense effort that combines military defense with nonmilitary

defense as a whole state defense unit. The characteristics of the Layered Defense Strategy are

realized through the integration of the utilization of military defense layers and nonmilitary

defense layers that support each other in the face of each form of threat (Soedjono, 1978).

From a political perspective, the law is seen as a product or output of the political process

or the result of the consideration and formulation of public policy. But besides the law as a

product of political considerations, there is legal politics that is the line or basis of policy to

determine the law that should apply in the state. In democracies, inputs that are considered for

legal determination are sourced from and are the aspirations of the people which are channeled

through people's representatives and are then processed so that they appear as outputs in the

form of legal regulations.

As we know that legal products in Indonesia are political products. The House of

Representatives holds the power to form laws and each draft law is discussed by the House of

Representatives and the President for mutual approval. Likewise, the President has the right

to submit a draft law to the House of Representatives. So the ratification of a draft law into law

is a form of mutual agreement between the President (Executive) and the House of

Representatives (Legislature). This is the current legal politics as mandated by the Constitution.

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This has something to do with the content of laws and regulations concerning the TNI.

Based on the role of the Indonesian National Army as a state tool in the field of defense, which

makes the Indonesian National Army the main component of the defense system, in carrying

out its role there are several functions owned by the Indonesian National Army, as regulated in

Article 6 paragraph (1) of Law Number 34 of 2004, namely: a) Deterrent to any form of military

threat and the armed threat from outside and within the country to sovereignty, the integrity of

the territory, and the salvation of the nation; b) Crackdown on any form of threat as referred to

in paragraph 1 letter a; c) Restoration of the state security conditions that were disrupted due

to security chaos.

The deterrence function is the integration of defense efforts to prevent or negate the

intentions of certain parties who want to attack Indonesia, which rely on political, economic,

psychological, technological, and military instruments. The enforcement function is the

integration of defense efforts to defend, resist, and overcome any military action of a country

that threatens state sovereignty, the territorial integrity of the Unitary State of the Republic of

Indonesia, and ensures the safety of the nation from all threats, which are carried out through

resistance actions, to drive the enemy out of Indonesian territory.

The State Defense Act contained in Article 15 subsection (1) specifies that in order to

establish the general discretion of the defense of the state, the President is assisted by the

Council of National Defense. If Article 15 paragraph (1) specifies that the National Defense

Council is established to assist the President in establishing the general policy of State Defense,

then Article 15 paragraph (2) adds to the advisory function of the National Defense Council

which includes the deployment of all components of state defense. Article 15 subsection (3)

further specifies "In order to carry out its functions, the National Defense Council shall have

the following duties: a. Reviewing, assessing, and formulating integrated state defense policies

so that government departments, non-departmental government agencies, and the community

and the Indonesian National Army can carry out their respective duties and responsibilities in

supporting the implementation of state defense. b. Review, assess, and formulate integrated

policies for the deployment of state defense components in the context of mobilization and

demobilization.c. Reviewing and assessing the risks of the policies to be established.

The National Defense Council is headed by the President of the Republic of Indonesia

(Article 15 paragraph (4)) with permanent members, Vice President, Minister of Foreign

Affairs, Minister of Home Affairs, Minister of Defense, and Commander of the TNI (Article

15 paragraph (6)) and non-permanent members, consisting of government and non-government

officials deemed necessary in accordance with the problems faced (Article 15 paragraph (6).

Regarding members of the National Defense Council, according to Law No. 3 of 2002,

permanent members are limited to the Vice President, Minister of Foreign Affairs, Minister of

Home Affairs, Minister of Defense, and Commander-in-Chief of the TNI. The organizational

structure of the National Resilience Council at its core in accordance with Article 7 paragraph

(1) of Presidential Decree No. 101 of 1999 is a.Chairman of the Board: President of the

Republic of Indonesia;b. Secretary of the Board: Secretary General Wantannas concurrently

members;c.Members of the Board: (1) Vice President of the Republic of Indonesia; (2)

Coordinating Minister of State for Political and Security Affairs; (3) Coordinating Minister of

State for Economic, Financial and Industrial Affairs; (4) Coordinating Minister of State for

Supervision.

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Article 15 paragraph (1) of the State Defense Law clearly mandates that "In establishing the

general policy of State Defense, the president is assisted by the National Defense Council".

Problems related to state defense require clearer laws and regulations that are appropriate in

order to optimally maintain state sovereignty. This achievement is inseparable from the

development efforts of the National Defense Council, especially in the Unitary State of the

Republic of Indonesia. The establishment of the National Defense Council needs the support

of all parties. The problem that exists today is that there are still overlapping legal aspects of

defense itself to policy and a lack of understanding regarding the functions and benefits of the

National Defense Council itself.

The construction of the National Defense Council is faced with the goal of realizing a

solid and strong defense of the country. Currently, the National Defense Council is just a

sounding sound in the Law itself, so it is necessary to plan and strengthen understanding for all

parties. Development is carried out by involving the role of all parties to support the country's

defense.

State defense must be able to become the main pillar for deterrence and assurance of

that sovereignty. The defense force should be placed in the context of the title of the country's

defense force. In the State Defense law, it is clearer to mention the National Defense Council,

but at least a good construction of the National Defense Council can be a starting point for

more vigorous defense development as mandated by the Constitution. Keeping abreast of new

issues of threat both military and nonmilitary is part of the process and managing the country's

defense. State defense development is carried out while remaining oriented towards the

integration of state defense, namely military defense and nonmilitary defense in order to face

threats, both military, nonmilitary, and hybrid threats.

CONCLUSION

State defense arrangements are regulated in Article 1 of Law number 3 of 2002

concerning State Defense in this Law, which means state defense is all efforts to maintain state

sovereignty, the territorial integrity of the Unitary State of the Republic of Indonesia, and the

safety of the entire nation from threats and disturbances to the integrity of the nation and state.

In order to face the threats that may arise, it is very necessary to organize a reliable and high-

deterrent state defense. Therefore, it is necessary to build strength and capabilities continuously

and continuously in order to maintain and protect state sovereignty and the territorial integrity

of the Republic of Indonesia (NKRI).

The Ideal Concept of State Defense Legal Politics in the Concept of Sovereignty of the

Unitary State of the Republic of Indonesia is Defense Law Politics which refers to various

juridical policies, where elements of the people must be given proportional space in defense

considering the dynamics of the development of an increasingly dynamic national, regional

and global strategic environment. Law Number 3 of 2002 concerning State Defense, has

regulated in detail the National Defense Council which will be classified as an institution that

functions as an advisor to the President as Head of State in determining the general policy of

defense and the deployment of all components of national defense. The absence of

implementing regulations on the regulation of the National Defense Council in the regulations

under it must be immediately anticipated legally because this is related to the general policy,

guidance, and implementation of the country's defense as a whole. Moreover, considering the

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types of threats to the defense of our country is increasingly complex and dynamic, both

military, nonmilitary, and hybrid threats. Therefore, the presence of the National Defense

Council institution is a necessity. This is intended as an effort to strengthen the institution of

the presidency and the President as head of state, especially in formulating the general policy

of state defense in accordance with the mandate of Law Number 3 of 2002.

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