Militerisme dan Demokrasi: Evaluasi Hak Politik TNI-Polri di Indonesia Pasca-Reformasi

Abstract

The position of the military in a democratic country is by placing
civilians in the highest power, civilian supremacy over the military
in history began when the guided democratic government system
was implemented under President Soekarno. During this period,
the military has the same rights as civil society, namely the right to
vote and the right to be elected. During the New Order
government, the military did not have political rights, however its
existence and position became stronger, due to the development of
the middle way concept initiated by Nasution which became the
doctrine of the Dwifunction ABRI concept. After the 1998 reform,
the political system in Indonesia underwent changes, namely the
separation of the positions of the TNI and Polri. This fundamental
change was marked by the issuance of MPR Decree Number
VI/2000 concerning the Separation of the TNI and Polri and MPR
Decree Number VII/2000 concerning the Role of the TNI and Polri.
Law Number 34 of 2004 concerning the Indonesian National Army
and Law Number 2 of 2002 concerning the Police of the Republic of
Indonesia. This research uses a normative legal research method
using a statutory approach, which relies on research to be
researched from a positive legal perspective, and a historical
approach. This research concludes that the TNI-Polri's political
rights are prohibited from exercising their political rights and are
still relevant to maintain. And delaying the restoration of political
rights for the TNI-Polri.