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Act No. 2 Of 1988

Original Language Title: Undang-Undang Nomor 2 Tahun 1988

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 4, 1988 (ADMINISTRATION. HANKAM. ABRI. Citizens. An explanation in the Additional Gazette of the Republic of Indonesia No. 3369)

CONSTITUTION OF THE REPUBLIC OF INDONESIA
No. 2 YEAR 1988
ABOUT
SOLDIERS OF THE ARMED FORCES REPUBLIC OF INDONESIA

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: a. that a state defense effort is organized with the Security Defense System of the Universe, which is the struggle of all Indonesian people in the form of unarmed resistance and armed resistance. The armed resistance of the people of Indonesia gave birth to a regular army, which then weakened into a single vessel, the national army as the Indonesian National Armed Forces (Indonesian National Armed Forces), and the Indonesian National Armed Forces (Indonesian National Armed Forces).
., b. that member of the Armed Forces of the Republic of Indonesia Sukarela, a member of the Armed Forces of the Republic of Indonesia Wajib, and a member of the Indonesian National Armed Forces Reserve as referred to in the Law Number 20 of 1982 which has been amended Law Number Year 1988, in essence is a soldier of the Armed Forces of the Republic of Indonesia consisting of Indonesian Army National Army soldiers, soldiers of the Indonesian National Armed Forces, soldiers of the National Army Indonesian Air Force, and soldiers of the Indonesian National Police;
., c. that in carrying out the provisions of Act No. 20 of 1982 which had been amended with the Law No. 1 of 1988 (State Sheet of 1988 Number 3), there are eight Laws governing the coaching of the members of the Force The Republic of Indonesia, which is based on the Provisional Constitution of the Republic of Indonesia in 1950, is no longer in compliance with the development of the Republic of Indonesia as well as the growth of the Armed Forces of the Republic of Indonesia. so that the Act needs to be revoked and replaced;
., d. that based on such things above need to be specified the Act on the Armed Forces of the Republic of Indonesia;

.,, Given: 1. Section 5 of the paragraph (1), Section 10, Article 17, Section 20 of the paragraph (1), and Section 30 of the Basic Law of 1945,
., 2. Law No. 20 of 1982 on the provisions of the Basic Security Defence of the Republic of Indonesia (State Gazette 1982 number 51, Additional Gazette Number 3234), which has been amended by Law No. 1 of 1988 about the Change of the Law No. 20 of 1982 on the Provisions Of The Subject Of The Security Defense Of The Republic Of Indonesia (The State Sheet Of 1988 Number 3, Additional State Sheet Number 3368);

With Approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL

DECIDED:

By Revoking:
., 1. Law Number 12 Of 1953 On Receipt Of Members Of The Army (state Gazette 1953 Number 42);
., 2. Law Number 13 Of 1953 On The Obligations Of The Members Of The Army To Remain In The Army Service (state Sheet Of 1953 Number 43);
., 3. Law Number 15 Of 1953 On The Admission Of Members Of The Voluntary War Army (state Sheet Of 1953 Number 45);
., 4. Law Number 16 Of 1953 On The Legal Position Of The Members Of The Army (state Sheet Of 1953 Number 46);
. .5. Law Number 17 Of 1953 On The Result Of The Act Of Obligation Of The Members Of The Army To Remain In The Army Service (state Sheet Of 1953 Number 47);
., 6. Law Number 19 Of 1958 On Voluntary Military Legislation (state Gazette 1958 Number 60);
., 7. Law Number 55 Of 1958 On The Position Of Members Of The Army Of The Army In The Army After The End Of 1955 (state Sheet Of 1958 Number 105);
., 8. Law Number 66 Of 1958 On Compulsory Military Service (State Sheet 1958 Number 117) Juncto Law Number 40 Prp Of 1960 On Change And Additional Legislation Number 66 In 1958 (State Sheet 1960 Number 125);

.,, stipulating: A STATUTE OF SERVICEMEN OF THE ARMED FORCES OF THE REPUBLIC OF INDONESIA.

BAB I
UMUM PROVISIONS

Section 1
In this legislation referred to:
a. Citizen, is a citizen of the Republic of Indonesia;
b. Army, is the Indonesian National Army;
c. Minister, is the Defense Minister of the Security of the Republic of Indonesia;
d. Commander, is the Commander of the Armed Forces of the Republic of Indonesia.

Article 2
.,, (1) the Armed Forces of the Armed Forces of the Republic of Indonesia are citizens who meet the requirements specified in the laws and are appointed by officials who are authorized to devote themselves in the country ' s defense efforts With weapons, it is willing to sacrifice the body and play a role in national development and subject to the laws of the army.
., (2) Soldiers of the Armed Forces of the Republic of Indonesia consist of Indonesian Army National Army soldiers, soldiers of the Indonesian National Armed Forces, soldiers of the Indonesian National Air Force, and the Police soldiers Republic of Indonesia.

Article 3
., (1) Armed Forces of the Armed Forces of the Republic of Indonesia are required to uphold the confidence given by the nation and the state to conduct state defense efforts and national development by determined as it is contained in the Oath of the Soldier.
., (2) The oath of the Warrior is as follows for the sake of God I swear to promise:
.,, " That I will be loyal to the Unity State of the Republic of Indonesia which is based on Pancasila and the Basic Law of 1945;
That I will be subject to the law and hold firm discipline of soldiering;
That I would obey the superiors by not disputing an order or verdict;
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 will hold all the secrets of the army as hard as it is. "

Section 4
Soldiers of the Armed Forces of the Republic of Indonesia are obliged to form a self-personality that emits the attitude and behavior of the people ' s soldiers, warrior warriors, as well as national, patriotic and professional warriors, the shepherd of the misery. the people for the ideals of the nation as the embodiment of the soldiers of the Armed Forces of the Republic of Indonesia as reflected in Sapta Marga.
Section 5
Soldiers of the Armed Forces of the Republic of Indonesia as bhayangkari Negara and Indonesian people are the observant state apparatus to Pancasila and the Basic Law of 1945 as well as the Oath of the Soldiers and the Sapta Marga.

Section 6
Soldiers of the Armed Forces of the Republic of Indonesia develop the Dwifunctions of the Armed Forces of the Republic of Indonesia, namely as a force of state security defence and political social power.

Section 7
., (1) Soldiers of the Indonesian National Army, soldiers of the Indonesian National Armed Forces, and soldiers of the Indonesian National Army Air Force consist of:
.,
., a., a. A volunteer soldier who served for the long haul as a Career Warrior;
., b. voluntary soldiers serving for a term of at least 5 years as a Short-Service Volunteer Soldier;
., c.c. volunteer soldiers who served decapitated time as Volunteer Reserve Warriors;
D. A mandatory soldier who served two full years as a soldier of the Wajib;
., c.c. servicemen are conscripted decapitated time for an eternity of 5 years, as the Reserve Warrior of the Wajib.
(2) The Indonesian National Police Warriors consist of:
.,
., a., a. A volunteer soldier who served for the long haul as a Career Warrior;
., b. A volunteer soldier who served for a term of at least five years as a Short Service Volunteer Soldier.
., (3) The provisions as referred to in paragraph (1) and paragraph (2) are further set up with the Government Regulation.

Section 8
Soldiers of the Armed Forces of the Republic of Indonesia consist of officers, non-commissioned officers, and enlisted men.

Section 9
.,, (1) Every soldier of the Armed Forces of the Republic of Indonesia is given the rank of legitimacy and responsibility in a hierarchate of soldiering.
., (2) Susunan, designation, and rank alignment as mean in paragraph (1) are further regulated by the Government Regulation.

BAB II
THE APPOINTMENT

Section 10
.,, (1) The general requirement to be a soldier of the Armed Forces of the Republic of Indonesia is:
., a., a. citizens;
B. Put your trust in the Almighty God;
c. faithful and obedient to Pancasila and the Basic Law of 1945;
D. 18 years old,
e. Good behavior;
f. healthy physical and spiritual, as well as
., g. not being deprived of the right to be a soldier of the Armed Forces of the Republic of Indonesia based on the court ruling that has gained the power of
.,, (2) Other requirements are tailored to the needs and are further regulated by the Minister.

Section 11
.,, (1) Any citizen who meets the requirements and is elected, is appointed a soldier of the Armed Forces of the Republic of Indonesia and is undergoing the first education.
., (2) The provisions as referred to in paragraph (1) are governed further by the Commander in Chief.

Article 12
Officers of the Armed Forces of the Republic of Indonesia formed through:
., a., a. An officer's education for those of the Armed Forces of the Republic of Indonesia;
B. The Indonesian Armed Forces academy;
c. officer education for those derived directly from the public;
D. The officer's education is paddled with the college.

Section 13
(1) The Bintara Armed Forces of the Republic of Indonesia is formed through:
.,
., a., a. Non-commissioned education for those of the Armed Forces of the Republic of Indonesia;
B. The educational institution is for those who come directly from the public.
., (2) Tamtama Armed Forces of the Republic of Indonesia are formed through the education of enlisted, directly from the public.

Section 14
.,, (1) Indonesian Armed Forces officers are appointed by the President and sworn in by pronunciating the Officers Oath.
(2) The officer ' s Oath is as follows for the sake of God I swear to promise:
., " That I will comply with the officer's duties as well as the People of Indonesia and the Union of the Republic of Indonesia which is based on Pancasila and the Basic Law of 1945;
That I will uphold the officer ' s harkat and dignity as well as uphold the Oath of the Soldier and 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. "

Section 15
Bintara and the enlisted Armed Forces of the Republic of Indonesia were appointed by the Commander or appointed officials.

Article 16
(1) Private Volunteer is serving an army of soldiers with a bond of service.
., (2) The provisions as referred to in paragraph (1) are governed further with the Government Regulation.

Article 17
.,, (1) Any citizen between 18 and 45 years old may be required to serve the service of the soldiering of the army.
.,, (2) The determination of citizens who can be required to undergo the soldiering service is carried out by a commission.
.,, (3) Citizens as referred to in verse (1) may be exempt from the obligation to serve the duty of the soldiering because:
.,
., a., a. Those who are charged with the obligation will lead to life for another person who is in charge of the responsibility of the other.
., b. Those who serve as a position of religion and of religion, whose teaching is not allowed to do so;
.,, c. those who are running an important task for a state determined with Government Regulation.
., (4) The provisions as referred to in paragraph (1), paragraph (2), and paragraph (3) are further set up with the Government Regulation.

BAB III
COACHING

Section 18
., (1) The Armed Forces of the Armed Forces of the Republic of Indonesia are subject to the laws of the army and included in the judicial authority of the army (2) The provisions as referred to in paragraph (1) do not apply to reservists who are not active service.
., (3) The Armed Forces of the Armed Forces of the Republic of Indonesia are obliged to keep up the secret of the army, and that obligation remains after the service of his soldiers is over.

Article 19
.,, (1) Every soldier of the Armed Forces of the Republic of Indonesia acquires the opportunity to develop its ability through education and experience tasks by considering the interests of the Armed Forces of the Republic of Indonesia, the requirements, And a selection of the best.
., (2) The provisions as referred to in paragraph (1) are governed further by the Commander in Chief.

Article 20
.,, (1) Every soldier of the Armed Forces of the Republic of Indonesia acquires the opportunity for promotion based on real work by considering the interests of the Armed Forces of the Republic of Indonesia, the requirements, and selection on the best basis.
., (2) The provisions as referred to in paragraph (1) are governed further by the Commander in Chief.

Section 21
.,, (1) The Occupation as Private Volunteer Reserve, Private Wajib, and the Reserve Private Wajib throughout the concerned serving of the soldiering service does not lead to the severing of working relationships with agencies or private bodies of places that It works.
., (2) The provisions as referred to in paragraph (1) are governed further with the Government Regulation.

Section 22
The enablement of the Reserve Warrior is governed by the Commander or appointed official under the provisions of the Government Regulation.

Section 23
.,, (1) Commander, Chief of Staff of the Indonesian National Armed Forces, Chief of Staff of the Indonesian National Armed Forces, Chief of Staff of the Indonesian National Armed Forces, and the Chief of the Indonesian National Police, are appointed and Dismissed by the President.
., (2) The office in addition to as referred to in paragraph (1) is further governed by the Commander in Chief.

Section 24
Appointment in and dismissal of positions outside the ranks of the Armed Forces of the Republic of Indonesia is carried out in accordance with applicable laws.

Section 25
The temporary dismissal of the post is carried out by the officials in charge of lifting and stopping it, under applicable law.

Section 26
.,, (1) The promotion of the rank becomes colonel and the higher is set by the President.
., (2) the increase in rank other than as referred to in paragraph (1) is set by the Commander or the appointed official.

Section 27
., (1) The Army of the Armed Forces of the Republic of Indonesia gets the seizure of the state of the state.
., (2) The provisions as referred to in paragraph (1) are governed further with the Government Regulation.

Section 28
.,, (1) Soldiers of the Armed Forces of the Republic of Indonesia who in battle are credited with exceeding the call of duty can be awarded the promotion of the battlefield rank or the rise of posthumous battlefield rank.
.,, (2) Armed Forces of the Armed Forces of the Republic of Indonesia who are assigned special assignment with the betting of the body of the body directly and are credited with daydreaming the call of duty may be awarded an outstanding promotion or promotion of the outside rank. -Yeah.
.,, (3) The provisions as referred to in paragraph (1) and paragraph (2) are further regulated by the Commander in Chief.

Article 29
Soldiers of the Armed Forces of the Republic of Indonesia are credited with exceeding the call of duty awarded a state merit badge in accordance with applicable laws.

Section 30
Soldiers of the Armed Forces of the Republic of Indonesia which bear heavy defects as a result of direct action of the opponent are being treated by the state and not dismissed from the army of soldiering.

BAB IV
TERMINATION OF THE SOLDIERING SERVICE

Section 31
Soldiers of the Armed Forces of the Republic of Indonesia are dismissed with respect from the soldiering service because:
a. to undergo mass retirement;
B. have the end of the soldiering service term;
c. no longer meet the physical or spiritual requirements;
D. fall, dead, die of the world;
e. based on special consideration for the benefit of the service.

Section 32
., (1) Soldiers of the Armed Forces of the Republic of Indonesia who have devoted themselves in the service of the soldiers for 20 years can be dishonorly discharged from the soldiering service in order to undergo a retirement.
., (2) The Armed Forces of the Armed Forces of the Republic of Indonesia can be retained to remain in the army of officers until the age of 55 for officers and 48 years for the petty officer and enlisted.
., (3) Armed Forces of the Armed Forces of the Republic of Indonesia with the rank of assistant lieutenant and who are lower to a corporal who has certain expertise and which is required by the Armed Forces of the Republic of Indonesia, can be maintained To remain in the army until the age of 55 years of age.
., (4) Soldiers of the Armed Forces of the Republic of Indonesia with the rank of colonel and of the higher rank and occupation of certain soldiers, can be retained to remain in the army of the soldiering until the age of 60 years.
., (5) The provisions as referred to in paragraph (1), paragraph (2), paragraph (3), and paragraph (4) are further governed by the Commander in Chief.

Article 33
., (1) The soldiers of the Armed Forces of the Republic of Indonesia are honorated with respect, in accordance with the period of service of its soldiers receiving pensions, pension benefits, allowances, or severance.
., (2) Soldiers of the Armed Forces of the Republic of Indonesia who were killed or killed to his heir were granted a pension.
., (3) the provisions referred to in paragraph (1) and paragraph (2) are executed in accordance with applicable laws.

Section 34
Soldiers of the Armed Forces of the Republic of Indonesia are in and because the service bears a heavy disability not because of the actions of the opponent or the bear defect is being dismissed with respect and accepting retirement.

Section 35
., (1) Soldiers of the Armed Forces of the Republic of Indonesia who are in carrying out duties as a result of or suspected of being caused by the actions of an opponent or outside of his power, are not re-joined by the matter of being declared lost in Duties and duties continue to be sought.
.,, (2) Soldiers as referred to in verse (1) if after a year there is no certainty over him, be discharged with respect and to his heirs being granted a pension in accordance with applicable laws.

Section 36
., (1) The Armed Forces of the Armed Forces of the Republic of Indonesia rank the rank of colonel and of the higher rank, dismissed from the army of the soldiers by the President.
., (2) The Pit Stop in addition to as referred to in paragraph (1) is further governed by the Commander in Chief.

Section 37
., (1) In the face of the state of danger, then any soldier of the Armed Forces of the Republic of Indonesia who has ended up serving his army, within 2 years of his termination can be required to be active again in service. A soldier for an eternity of two years.
., (2) The reactivation of the soldier as referred to in paragraph (1) is further governed by the Commander in Chief.

Section 38
., (1) Armed Forces of the Armed Forces of the Republic of Indonesia are dismissed with no respect, for having tabiates and other deeds that are real can harm the discipline of soldiering or the Armed Forces of the Republic of Indonesia.
., (2) The Pit Stop as referred to in paragraph (1), against the officer exercised after considering the opinion of the Officer's Honor Council.
.,, (3) The provisions as referred to in paragraph (1) and paragraph (2) are further regulated by the Commander in Chief.

BAB V
CRIMINAL PROVISIONS

Section 39
A convict with a prison criminal for up to two years and eight months:
., a., a. Whose goods do not fulfill the call of service with the intent of the real self-preventing for serving the service is required;
., b., b. Whoever by intentionally makes or makes himself or someone else does not speak to serve the service.
., C. whoever did the ruse that caused him or anyone else to be spared the service of the service;
., d. Anyone with a gift or promise, abuse of power or influence, violence or threats of violence, deceit, opportunity, attempt, power, or explanation, intentionally encourages others not to serve the service.
., e. Whoever is without a legitimate reason decides the work relationship as referred to in Article 21 of the paragraph (1) of this Act.

Section 40
A non-service backup soldier is linked to the reserve soldier who is in active service if it commits a criminal offence:
., a., a. Intentionally did not fulfill the legitimate call to be in active service, convicted of a prison criminal for ever two years and eight months;
., b., b. Intentionally insulting or threatening with an evil deed, cussing or menistas a superior, either in a public place orally or by writing or painting or in the presence of the person himself orally or by a gesture or And in writing, or in writing, or in a painting, or written, or made, or made fun of him, he shall be sentenced to a prison for ever a year.
., c. deliberately insulting a superior with a real act, being convicted of a prison criminal for up to one year and eight months.

Section 41
.,, (1) If the state is in an emergency, a criminal threat as referred to in Article 39 and Article 40, plus a third.
., (2) If the state in a state of war, a criminal threat as referred to in Article 39 and Article 40, is raised to an eternity of eight years and six months.

Section 42
A criminal offence as referred to in Article 39 and Article 40 is a crime.

BAB VI
THE TRANSITION PROVISION

Section 43
., (1) Sebutant members of the Armed Forces of the Republic of Indonesia or other desigcountries with the same intent as the members of the Armed Forces of the Republic of Indonesia which are present in various laws that have been in effect, It's called the Armed Forces of the Republic of Indonesia
., (2) Members of the Armed Forces of the Republic of Indonesia which at the time of the enactment of this Act have been based as the Military Volunteer, the Volunteer Military with the Short Service Association, and the Wajib Military, designated each as Career warriors, Volunteer Warriors of the Short Service, and Private Wajib.
., (3) The legal and military law of the army in this Act is defined as the military law and the military judiciary in other laws.

Article 44
., (1) All provisions of the laws concerning or relating to the membership of the Armed Forces of the Republic of Indonesia which are already present at the time of the enactment of this Act remain in effect, as long as it is not contrary to the The provisions of this law and as long as the provisions have not been replaced.
., (2) Items that have not been set up in this Act shall be governed by laws.

BAB VII
CLOSING PROVISIONS

Section 45
The Act may be called the "ABRI Warrior Act" and come into effect on the date of the promultable.

For everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.

.,, Dislocated in Jakarta
on March 1, 1988
PRESIDENT OF THE REPUBLIC OF INDONESIA

SUHARTO
promulred in Jakarta
on 1 March 1988
MENTERI/SECRETARY OF STATE
REPUBLIC OF INDONESIA

SUDHARMONO, S.H.