Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


State Defense Rights in Indonesia's Constitution

Author(s): Fitra Arsil, Qurrata Ayuni

This paper discusses the uniqueness of the Indonesian constitution, which places defense of the state not only as an obligation but also as a right of citizens. This conception raises questions; why is it essential to put the right to state defense in the constitution? This paper finds three things; first, the history of the formation of the Indonesian national army after colonialism became the starting point for ensuring that the militias could join as national affairs. Second, the construction of rights and obligations means that every citizen cannot be discriminated against in the country's development efforts. Third, the state has a constitutional obligation to provide the distribution of rights to citizens to defend the state. Using the historical-juridical-normative method, this paper provides a legal review of the right to defend the state from the point of view of constitutional law in Indonesia.

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