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Military emergency: understanding and application in Indonesia


Jakarta (ANTARA) – South Korea recently became the world’s attention when President Yoon Suk Yeol suddenly declared military emergency which caused a stir.

President Yoon Suk Yeol announced the decision on military emergency in South Korea via television broadcast, on Tuesday (3/12/2024) at 23.00 local time (21.00 WIB).

He claimed that the opposition sympathized with North Korea carrying out “anti-state activities leading to rebellion”. After the declaration of martial law, Yoon temporarily put the military in charge of government.

Parliament and the public opposed the president’s declaration. They gathered at the South Korean parliament to protest against the decree that the military emergency status be lifted.

About six hours after the announcement of the military emergency decree, President Yoon Suk Yeol finally officially revoked it after being rejected by 190 members of parliament through a vote held in the early hours of Wednesday (4/12/2024).

Also read: The South Korean opposition will begin impeachment if the president does not step down

So what is martial law?

According to the Big Indonesian Dictionary (KBBI), military emergency is an emergency in an area controlled by the military as the supreme leader.

Military emergency or martial law in the form of a set of regulations that are effectively enforced after an official announcement involves the temporary replacement of the military’s authority to take over power from the formally ruling civilian government to maintain security and order in a region or country.

Usually applied to anything urgent, where the government in power cannot function properly or is felt to be too weak to deal with situations such as the aftermath of war, natural disasters, rebellion, or after a coup.

When martial law is in effect, the military commander of a region or country has unlimited authority to make and enforce laws.

In Indonesia, the implementation of military emergency has a legal basis which is regulated in Government Regulation in Lieu of Law (Perppu) Number 23 of 1959 concerning Dangerous Conditions.

In the Perppu, Article 1 Paragraph 1 states that the party declaring military emergency is the president or supreme commander of the armed forces. Under certain conditions there are things that allow the president to declare military emergency.

Also read: Indonesian Ministry of Foreign Affairs: South Korea’s situation is gradually recovering, evacuation of Indonesian citizens is not necessary

The President/Supreme Commander of the Armed Forces declares that all or part of the territory of the Republic of Indonesia is in a state of danger according to the level of condition
civil emergency or military emergency or war, if:

  • Security or legal order throughout the territory or in parts of the Republic of Indonesia is threatened by rebellion, riots or natural disasters, so it is feared that it cannot be overcome by ordinary equipment.
  • A war or danger of war arises or there is concern that the territory of the Republic of Indonesia will be raped in any way
  • The life of the country is in danger or due to special circumstances it turns out that there are or are concerned that there are symptoms that could endanger the life of the country.

Article 5 of the Law states that the parties permitted to implement military emergency are:

“In areas, the control of military emergency is carried out by the highest military commander, no less than the Army Regiment Unit Commander or the equivalent Navy/Air Force Unit Commander as the Regional Military Emergency Ruler whose legal area is determined by the President/Supreme Commander of the Force. War.”

Also read: South Korea’s former defense minister banned amid treason case

The Regional Military Emergency Authority is assisted by a Regional Head, Police Chief and Supervisor/Chief Prosecutor from the area concerned. The appointment of the members of this body is carried out by the President/Supreme Commander of the Armed Forces.

The law also explains that if military emergency is implemented, the military authorities have the authority to take action, including restrictions on basic rights such as freedom of assembly and opinion, restrictions on freedom of the press, and limiting or prohibiting the circulation of goods in areas declared under a state of military emergency.

Indonesia implemented military emergency in 2003 in Nanggroe Aceh Darussalam Province after a Presidential Decree (Keppres) was signed by President Megawati Soekarnoputri.

Military emergency was implemented to deal with the actions of the Free Aceh Movement (GAM) which wanted to separate itself from the Unitary State of the Republic of Indonesia and declare its independence.

At that time, the situation was that armed violence was increasingly leading to acts of terrorism carried out by GAM, not only destroying public order and tranquility, disrupting the smooth running of government, and hampering the implementation of various development programs.

Also read: Police investigate allegations of treason committed by South Korean President

Also read: The UN Secretary General welcomes the end of martial law in South Korea

Reporter: Sri Dewi Larasati
Editor: Suryanto
Copyright © ANTARA 2024



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