STATUS KOMPONEN CADANGAN SISTEM PERTAHANAN SEMESTA DITINJAU DARI PRINSIP PEMBEDAAN HUKUM HUMANITER INTERNASIONAL

Nathanael, Kevin Julio (2022) STATUS KOMPONEN CADANGAN SISTEM PERTAHANAN SEMESTA DITINJAU DARI PRINSIP PEMBEDAAN HUKUM HUMANITER INTERNASIONAL. S1 thesis, UNIVERSITAS ATMA JAYA YOGYAKARTA.

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Abstract

This study analyzes whether The regulation of the Republic of Indonesia Defense System Reserve Components are in accordance with the distinction principle, the Reserve Components’ status in a state of war emergency and aims to determine the appropriate military reserve settings and the military reserve status in an emergency in terms of the distinction principle. This study uses a normative method that is qualitative and focuses on positive law obtained from various sources, then analyzed with one another. Data collection is done by means of literature study. Literature studies are carried out by understanding books, laws and regulations, legal and non-legal opinions related to the problems studied. This study also draws the conclusion that The regulation of the Republic of Indonesia Defence System Reserve Components are not qualify as combatants or civilians and the Status of the Republic of Indonesia Defence System Reserve Components still qualify as civilians in a war. This causes the Reserve Components to lose its protection as a civilian during mobilization and also does not get protection as a prisoner of war because it is not a combatants

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