PERLINDUNGAN HUKUM DAN HAK ASASI MANUSIA BAGI PRAJURIT TNI DALAM OPERASI MILITER SELAIN PERANG

Abstract

Protection of human rights for TNI soldiers in carrying out their duties in general and OMSP is very important to ensure the welfare and protect soldiers in serving the country. Protection of human rights for TNI soldiers in carrying out their duties and during OMSP is an important thing to guarantee. One example of human rights violations against TNI soldiers is the number of soldiers who died during law enforcement operations in Papua, where TNI soldiers became victims and lost their right to live.  The prolonged conflict situation in Papua is caused by There are at least four root problems that exist in Papua in the Papua conflict which is very complex. "The first is the issue of marginalization and discrimination, then the failure of development, the third is human rights violations, the fourth is the issue of political status and interpretation of Papuan history, " (Rosita Dewi -2020). Papua's current problems are not only related to violence from the authorities, but also the Papuan people's economy which is different compared to other regions, social life and customs and culture. Therefore, these basic rights are part of realization of human rights. The conclusion of this research is that the protection of human rights for TNI soldiers in carrying out their duties in general and when carrying out military operations other than war (OMSP) is provided in the form of a legal framework for movement which is prepared by authorized officials and given before soldiers carry out their duties in military operations other than war. War (OMSP) to protect soldiers from human rights violations that are vulnerable to occurring while soldiers are serving in the field of operations. The terms of reference for limits on authority and prohibitions for TNI soldiers are given in the form of Rules of Engagement (ROE. Rules of Engagement, or ROE, are instructions from the highest leadership directly related to lower unit commands (military commands) when they begin to use force and violence in whatever activities they encounter (Skep/329/IX/2004 - TNI Commander). ROE is basically a Commander/Command product in the form of regulations on the use of armed force, but its preparation is the responsibility of the Commander, Operations Staff Officers and Legal Officers. The ROE carried out by the Commander/Command must be followed by the lower unit commanders and military elements under their command