Research Article
Reserve Component Mobilization for State Defense: A Critical Study from International Human Right Perspective
@INPROCEEDINGS{10.4108/eai.18-9-2022.2326038, author={Muliana Mursalim and Rilo Pambudi Sidiq and Laili Alfiana Hidayati}, title={Reserve Component Mobilization for State Defense: A Critical Study from International Human Right Perspective}, proceedings={Proceedings of the 1st International Conference on Social-Humanities in Maritime and Border Area, SHIMBA 2022, 18-20 September 2022, Tanjung Pinang, Kep. Riau Province, Indonesia}, publisher={EAI}, proceedings_a={SHIMBA}, year={2022}, month={12}, keywords={reserve component mobilization national defense international human rights conscientious objection}, doi={10.4108/eai.18-9-2022.2326038} }- Muliana Mursalim
Rilo Pambudi Sidiq
Laili Alfiana Hidayati
Year: 2022
Reserve Component Mobilization for State Defense: A Critical Study from International Human Right Perspective
SHIMBA
EAI
DOI: 10.4108/eai.18-9-2022.2326038
Abstract
The enactment of Law Number 23 of 2019 concerning the Management of National Resources for National Defense (PSDN Law) authorizes the state to mobilize the community to become Reserve Components for national defense. This law enactment is to respond to the threats of national defenses, including increasing violations of Indonesia's sovereign territory. However, problems arise when mobilization becomes mandatory, followed by criminal provisions for those who refuse it. So, this paper aims to study the mobilization of Reserve Components in national defense critically. Especially to answer whether the mobilization in the PSDN Law aligns with international legal instruments that regulate human rights. If not, what alternative solutions can be offered? Therefore, the author uses a normative legal research method by combining statutory and conceptual approaches. The research data is obtained by studying literature on legal materials, especially international legal instruments, legal principles, and doctrines. The findings indicate a discrepancy between the regulation of Reserve Components in the PSDN Law and international human rights instruments, particularly the International Covenant on Civil and Political Rights. More precisely, it is against the principle of conscientious objection. Therefore, the initial solution that can be offered is that participation in the Reserve Component must be voluntary and reinstating the criminal provisions for the refusal as an ultimum remedium.