The Application Of Law in The Empowerment of The Defense Area by Using Joint Training Method Between TNI and The Local Government.

10.2478/bjlp-2022-002112

Abstract

In the context of national defense (not attacking another country), the service of human or the people to their country is an obligation (compulsory), not optional, because in the explanation of Article 27 paragraph (3) of the 1945 Constitution: "That every citizen has the right and obliged to participate in national defense efforts”. The purpose of this study is to analyze using a juridical approach method with a comprehensive study. The source of data is taken from legislation and empirical juridical research; reviewing based on the needs of National Defense which are carried out jointly between TNI and the Regional Government. The results of this study indicate that by applicable law, the community managed by the Regional Government has the right and is obliged to carry out National Defense with Empowerment of Defense Areas, because a peaceful State is a condition prepared by all Indonesian people. In this case, it can lead a country to become a strong defense country; strong enough to prevent war. The diminishing number, knowledge, and experience of civilian leaders in war or military operations pose the danger of being underestimated. In this regard, it is necessary to remember what Sun Tzu (400 BC) said: “war is a matter of vital importance to state, the road of survival or run. It’s mandatory that it be thoroughly studied".