SHEET COUNTRY
REPUBLIC OF INDONESIA
| No. 127, 2004 | (Explanation in Additional Article of the Republic of Indonesia No. 4439) |
CONSTITUTION OF THE REPUBLIC OF INDONESIA
NUMBER 34 YEAR 2004
ABOUT
INDONESIAN NATIONAL ARMY
WITH THE GRACE OF THE ALMIGHTY GOD
PRESIDENT OF THE REPUBLIC OF INDONESIA,
.,, weighed: a. that the national goal is to protect all the nation and all of Indonesia's blood, advance the common welfare, spread the life of the nation, and take part in order to order the world that is based on independence, eternal peace, and social justice;
., b. That the defense of the state is any attempt to uphold the sovereignty of the state, maintain the integrity of the territory of the Republic of Indonesia, and the safety of all nations from military threats and armed threats to the nation and the nation. country;
., c.c. that the Indonesian National Army as a defense tool of the Union of the Republic of Indonesia, tasked with carrying out the country's defense policy to uphold the sovereignty of the state, defend the integrity of the territory, and protect the nation's safety, conduct military operations for war and military operations other than war, as well as participate actively in the duties of maintenance of regional and international peace;
., d. that the Indonesian National Armed Forces are built and developed professionally according to the political interests of the country, referring to the values and principles of democracy, civil supremacy, human rights, the provisions of national law, and the provisions of international law. which is already ratified, with the support of the country ' s shopping budget being managed transparently and accountable;
., e. that Act of the Republic of Indonesia No. 2 Year 1988 on the Armed Forces of the Armed Forces of the Republic of Indonesia (Indonesian Republic of Indonesia Year 1988 Number 4, Additional Gazette Republic of Indonesia Number 3368) was judged to be unsuitable with the institutional changes of the Armed Forces of the Republic of Indonesia into the Indonesian National Tentanra driven by demands of reform and democracy, the development of legal consciousness that lives in society so that the legislation needs to be replaced;
., f. That Act of the Republic of Indonesia Number 3 Year 2002 on State Defence (Indonesian Republic of Indonesia 2002 Number 3, Additional Gazette Republic of Indonesia No. 4169) has mandated the formation of a statute of law. Regarding the Indonesian National Armed Forces;
., g. that under consideration as in the letter a, b, c, d, e, and f need to be formed the Act of the Indonesian National Armed Forces;
.,, Given: 1. Section 5 of the paragraph (1), Section 10, Section 11 of the paragraph (1), Article 12, Article 20, Section 22, Section 27 of the paragraph (3), and Section 30 of the Basic Law of the Republic of Indonesia in 1945;
., 2. MPR Decree Number VI/MPR/2000 on the Separation of the Indonesian National Armed Forces and the Indonesian National Police, and the MPR Decree number vII/MPR/2000 on the role of the Indonesian National Armed Forces and the Role of the State Police of Indonesia; and
., 3. Constitution of the Republic of Indonesia No. 3 Year 2002 on State Defence (Indonesian Republic of Indonesia 2002 Number 3, Additional Gazette of the Republic of Indonesia Number 4169);
With Mutual Consent Between
REPRESENTATIVES OF THE PEOPLE ' S REPUBLIC OF INDONESIA
and
PRESIDENT OF THE REPUBLIC OF INDONESIA
DECIDED:
Establish: LEGISLATION ON THE INDONESIAN NATIONAL ARMY.
BAB I
UMUM PROVISIONS
Section 1
In this Act referred to:
., 1. The State is the Unitary State of the Republic of Indonesia which is based on Pancasila and the Constitution of the Republic of Indonesia in 1945.
2. The Citizen is a citizen of the Republic of Indonesia.
3. The government is the government of the Republic of Indonesia.
., 4. The territory is the entire territory of the Republic of Indonesia under the laws.
. .5. The defense of the state is any attempt to uphold the sovereignty of the state, maintain the integrity of the territory of the Republic of Indonesia, and protect the safety of all nations from threats and interruption to the nation and the state, composed with regard to the geographic conditions of Indonesia as an island nation.
., 6. The State Defense System is a universes that involve all citizens, territories, and other national resources, and are prepared in an early order by the government and held in total, integrated, directionally, continuous, and sustainable to uphold the sovereignty of the country, maintaining the integrity of the region. Nation of the Republic of Indonesia, and protect the safety of all nations from every threat.
7. TNI is the Indonesian National Army.
., 8. The Department of Defense is the acting government in the field of defense of the state.
., 9. The Minister of Defense is the minister in charge of the country's field of defense.
., 10. The commander-in-chief of the Indonesian Armed Forces, the commander of the army, was the military officer
11. The Force is the Army, Navy, and Air Force.
., 12. The Chief of Staff of the Army is the Chief of Staff of the Army, Chief of Naval Staff, and Chief of Staff of the Air Force.
13. The soldier is a member of the TNI.
., 14. The service of the army is the service of a citizen as a military soldier.
., 15. Volunteer soldiers are citizens of their own free will to devote themselves to the service of the soldiers.
., 16. Soldiers are required to serve in the army of the army as they are required under the law.
., 17. The student soldier is a citizen who is undergoing his first education to become a soldier.
., 18. The first education was an education to form a Soldier of Students into a member of the Indonesian Army through the basic education of soldiering.
., 19. The education of the establishment was an education to form a non-commissioned officer or a non-commissioned officer through the primary education of the rank group.
., 20. The military is the force of the warheads of a country governed under laws.
., 21. The army is a citizen prepared and armed for the country's defense duties in the face of military threats or armed threats.
., 22. The threat is any attempt and activity, both within the country and abroad that are judged to threaten or harm the sovereignty of the country, the integrity of the country, and the safety of all nations.
., 23. A military threat is a threat made by the military of a country to another country.
., 24. Armed threats are a threat that comes from the movement of armed forces.
., 25. The Armed Movement is the movement of a group of citizens of a country that acts against a legitimate government by conducting armed resistance.
BAB I I
TRUE SELF
Section 2
The id an army of soldiers with the bond of service.
.,, (2) The provisions of the sebagainmana referred to the paragraph (1), are set further with the Government Regulation.
Section 24
(1) Private Wajib was serving a service of soldiers based on the bond of service.
.,, (2) The provisions as referred to in paragraph (1), are set further in the legislation.
Section 25
(1) The soldier is an insan soldier who:
., a., a. Faith and fear in the Lord of the Almighty;
., b. Loyal to the State of the Republic of Indonesia which was based on Pancasila and the Constitution of the Republic of Indonesia in 1945;
c. immoral and subject to the law as well as the laws.
D. Discipline and obedience to superiors; and
e. to be responsible and carry out its obligations as an army.
., (2) Soldiers as referred to in verse (1), are required to pronounce the Oath of the Soldier.
Section 26
.,, (1) Soldiers are grouped in the ranks of officers of officers, petty officers, and enlisted men.
.,, (2) The rank of rank as referred to in verse (1), is set further by the decision of the Commander in Chief.
Section 27
.,, (1) Each soldier is given the rank of authoring of the authority and responsibility of the soldiering of the soldiers.
(2) The Pangkat according to its nature is distinguished as follows:
.,
., a., a. effective rank is given to servicemen during the course of the soldiering service and bringing the full administration effect;
., b. A local rank is provided for a while to a soldier who performs a special assignment and a temporary position, and requires a higher rank than the rank he has provided, in order to legitimate the execution of the post and the position of the local rank. did not bring the following administration; and
.,, c. the titular rank is given for a while to the necessary citizens and willing to exercise the necessary office duties and be willing to perform the duties of a particular soldier in the TNI environment, valid as long as it is still working on me. The office of the soldier, as well as bringing in limited administration.
.,, (3) Susunan, designation, and rank alignment as referred to in paragraph (2) are further regulated by the Commander's decision.
The Second Part
Appointment
Section 28
(1) The common requirement to be a soldier is:
., a., a. nationals of Indonesia;
B. Faith and fear in the Lord of the Almighty;
.,, c. loyal to the State of the Republic of Indonesia which is based on Pancasila and the Constitution of the State of the Republic of Indonesia in 1945;
D. at the time of being inducted into the lowest-aged 18-year-old;
., e. has no record of criminality issued in writing by the State Police of Indonesia;
f. healthy physical and spiritual;
., g. not being deprived of the right of being a soldier based on the court ruling that has gained the power of the law fixed;
., h. the first education pass to form a student warrior to be a member of the TNI; and
i. Other requirements conform to the purpose.
Section 29
.,, (1) Education for the appointment of soldiers is composed of officer education, petty officer, and enlisted.
.,, (2) The implementation of the education as referred to in paragraph (1) is further regulated by the Commander ' s decision.
Section 30
(1) Officers formed through:
., a., a. the officer ' s first education to those who come directly from the public:
., 1. TNI Academy, with input from the Upper School of Advanced Schools; and
., 2. Officer School, with input from the Upper School or College.
B. The education of the creation of officers from the soldier of the petty class.
.,, (2) The officer 's education as referred to paragraph (1) is set further by the Commander' s decision.
Section 31
(1) Bintara was formed through:
., a., a. the first non-educational primary education that comes directly from the community; or
B. The education of the creation of a non-commissioned officer from the enlisted men.
.,, (2) The binary education as referred to in paragraph (1), is set further by the Commander ' s decision.
Section 32
.,, (1) Tamtama was formed through the first direct education directly from the public.
.,, (2) The education of enlisted as referred to in verse (1) is further regulated by the decision of the Commander in Chief.
Section 33
(1) Officers are appointed by the President on the proposal of the Commander.
(2) Bintara and tamtama are appointed by the Commander in Chief.
.,, (3) the provisions as referred to in paragraph (1) and paragraph (2) are further regulated by the Government Regulation.
Section 34
.,, (1) The inauguration of being a soldier is exercised by pronunciating the Oath of the Soldier.
(2) Supper to be a soldier of the group of officers other than to say the Oath of the Warrior also pronounce the Officers ' Oath.
.,, (3) The provisions as referred to in paragraph (1) and paragraph (2) are further regulated by the Commander's decision.
Section 35
Warrior ' s Oath is as follows:
" For the sake of God I swear/promise:
that I will be loyal to the State of the Republic of Indonesia which is based on Pancasila and the Constitution of the State of the Republic of Indonesia in 1945;
that I will be subject to the law and hold firm discipline of soldiering;
that I would obey the superiors by not dispuking any orders or rulings;
that I will exercise all obligations with the full sense of responsibility to the army and the State of the Republic of Indonesia;
that I would hold on to all the secrets of the army as hard as ".
Section 36
The officer ' s oath is as follows:
" For the sake of God I swear/promise:
that I will fulfill the duties of the officer with his best respect to the Indonesian nation and the State of the Republic of Indonesia based on Pancasila and the Constitution of the Republic of Indonesia in 1945;
that I will uphold the officer's dignity and dignity and uphold the Oath of the Warrior and the Sapta Marga;
that I would lead the men by giving suri an example, to build a karsa, and to guide it on a straight and true path;
that I would willingly sacrifice the soul of the body to defend the nusa and the nation ".
BAB VII
SOLDIER
The Kesatu section
The Basic provisions
Section 21
Soldiers are Indonesian citizens who meet the requirements specified in the laws and are appointed by officials who are authorized to devote themselves in the service of the soldiering.
Section 22
The soldier consists of the Volunteer Warriors and the Wajib Warrior.
Section 23
(1) Private Volunteer is serving st age of 58 (fifty-eight) years for officers, and 53 (fifty-three) years for the non-commissioned and enlisted men.
Section 54
Soldiers can be dismissed with respect or with no respect.
Section 55
(1) Soldiers dismissed with respect of the soldiering service because;
., a., a. at its own request;
B. has ended the term of service terms;
c. undergo a retirement period;
D. not meet the physical or spiritual requirements;
e. fall, die or die;
f. The status of a civil servant;
., g. The office, which according to the law of invitation, cannot be occupied by an active soldier; and
h. based on special consideration for the benefit of service.
(2) Soldiers who have had a duty of soldiers at least 20 (twenty) years, based on special considerations as arranged in the verse (1) letter h, can be retired early and to him given full pension rights.
.,, (3) the provisions as referred to in paragraph (1) and paragraph (2) are governed by the Government Regulation.
Section 56
(1) The right of the soldier who died or was killed was given to his heir.
., (2) The provisions as referred to paragraph (1) are governed with the Regulation of the Government.
Section 57
The right of a soldier who bears a heavy, moderate disability, or light defect that is due to the task of military operations, or not the task of military operations during the service of the army, is governed by
Government Regulation.
Section 58.
.,, (1) The soldier who in carrying out the task of not returning to join his throne as a result of or allegedly caused by the act of the enemy or outside of his power, is declared missing in the task, must continue to be sought.
(2) Soldiers as referred to in verse (1) when after a year there is no certainty on him, dishonor and to his heir be given the right as the right of a fallen soldier in accordance with the laws of the law. invite (3) Soldiers as referred to by paragraph (1) which is then rediscovered and still alive, reappointed in accordance with the status before being declared lost and given the full rights of the full service as long as it is declared lost, by taking into account the rights of the He has received his heir.
.,, (4) His missing statement or cancellation as contemplated in verse (1), paragraph (2), and verse (3) at the set with the Decision of the Commander in Chief.
Section 59
.,, (1) The rank of colonel and high officer, was discharged from the army of the officers with the Presidential Decree.
.,, (2) The Pit Stop in addition to the one referred to the verse (1) is set with the Commander's Decision.
Section 60
.,, (1) In the face of martial law and state of war, every volunteer soldier and the Visible Soldier who has ended up serving the soldiering service can be reactively reactive.
(2) The obligation as referred to in paragraph (1) is governed by law.
Section 61
.,, (1) Soldiers who are honed with respect from the soldiering service are entitled to a sign of the state service that has its own at the time of attending national or military ceremonies according to which it was acquired at the time of active service.
.,, (2) The implementation of the provisions as being referred to in paragraph (1) is governed by the Presidential Decree.
Section 62.
(One), (1) The soldier is dishonorred with respect for having tabiates and/or deeds that are true to the discipline of the warrior or the TNI (2) The Pit Stop, as it is referred to in verse (1) to the officer exercised after the death of the army. Consider the opinion of an officer's honor
.,, (3) the provisions as referred to in paragraph (1) and (2) are further regulated by the Government Regulation.
Section 63
.,, (1) Marriage-divorce and header for each soldier is exercised under the laws.
.,, (2) The (2) checkmate as referred to in paragraph (1) is governed by the Decree of the Commander in Chief.
The Seventh Part
The Law provisions
Section 64
Military law is scouted and developed by the government for the benefit of holding state defense.
Section 65
(1) The student warrior is subject to the legal provisions applicable to the soldier.
.,, (2) Soldiers are subject to the power of the military judiciary in the event of a violation of the criminal law of the military and subject to the general judicial power in the event of a violation of the common criminal law that is governed by legislation.
., (3) If the general judicial power as referred to in paragraph (2) does not function, then the soldier is subject to judicial rule governed by law.
BAB VIII
THE FINANCING
Section 66
.,, (1) The military is financed from the state defense budget that comes from the State Budget and Shopping Budget.
.,, (2) The needs of the budget as referred to in paragraph (1) are submitted by the Department of Defense.
Section 67
.,, (1) In terms of the fulfillment of the budget support of the TNI, the Commander submitted to the Minister of Defense to be financed entirely from the State Budget and Shopping Budget.
., (2) In terms of the fulfillment of its urgent military operations budget support, the Commander submitted a budget to the Minister of Defense to be financed from the Contijency budget sourced from the State Budget and Shopping Budget.
., (3) Support as referred to in paragraph (2) is in demand for approval by the Secretary of Defense to the People ' s Representative Council.
Section 68
.,, (1) The TNI is obliged to manage the state defense budget allocated by the government.
.,, (2) The TNI is obliged to account for the management of the country ' s defense budget as intended on paragraph (1) to the Minister of Defense.
.,, (3) The management of the country ' s defense budget by TNI as referred to in paragraph (2) is exercised on the principles of transparency, accountability, accountability, as well as the efficiency to implement good governance.
.,, (4) The management of the country ' s defense budget by the TNI is exercised under the laws.
Section 69
Supervision and examination of the state defense budget management by the TNI is carried out by the Financial Examiner Agency of the Republic of Indonesia.
Section 52
Soldiers and student soldiers are entitled to a state of service marks based on merit and services to the state, in accordance with the rules of invitation-invite.
The Sixth Part
Termination
Section 53
Soldiers carry out the service of the service to the highe center;">
BAB IX
INSTITUTIONAL RELATIONS
Section 70
., (1) The supervision and examination of the state defense budget management by the TNI is carried out by the Financial Examiner Agency of the Republic of Indonesia.
.,, (2) Foreign relations and cooperation are carried out in the framework of operational tasks, engineering cooperation, as well as education and exercise.
.,, (3) the relations and cooperation in and abroad as referred to in paragraph (1) and paragraph (2) are exercised on the basis of government policy in the field of state defense.
At the time of the enactment of this Act, the provisions of the retirement age as referred to in Article 33, are set up as follows:
., a., a. The highest retirement age of 58 (fifty-eight) years for officers and 53 (fifty-three) years for the non-commissioned officers, only valid for TNI soldiers who on the date of this law were promulgated not to be declared retired from the Indonesian army;
., b. The execution of the provisions as referred to in the letter a is gradually arranged:
For the officers on the date the law was promulred in the civil service under the Law No. 2 of 1988 on the Army of the Armed Forces of the Republic of Indonesia, it continues to be in effect. Until the incarceration in the service of his soldiers is over.
At the time of the enactment of this Act, all implementation regulations on the TNI are declared to remain in effect as long as unopposed and have not been replaced in accordance with this law.
.,, (1) The provisions as referred to in Article 65 apply at the time of the law on the newly enacted Military Justice.
.,, (2) As long as the new military judicial legislation has not been established, it remains subject to the provisions of Law No. 31 of 1997 on Military Judicial.
.,, (1) Any regulation of implementation of this Act is set at least 2 (two) years since the enactment of this Act.
.,, (2) Any mention, naming, and terms related to the posture, organization, structure, principal task, and authority of the TNI must be changed or replaced in accordance with this legislation the slowest 2 (two) years since this law Applied.
.,, (1) Within 5 (five) years since the enactment of this Act, the Government must take over all business activities owned and managed by the TNI either directly or indirectly.
.,, (2) The order and the further provisions regarding the execution of the paragraph (1) are governed by the President ' s decision.
By the time this law came into force, Law No. 2 of 1988 on the Army of the Armed Forces of the Republic of Indonesia (State of the Republic of Indonesia Year 1988 Number 4, Additional Gazette of the Republic of Indonesia Number 3368), declared not applicable.
This law goes into effect on the promulgated date.
In order for everyone to know it, order the invitational of this legislation with its placement in the State Sheet of the Republic of Indonesia.
