PENERAPAN PERLINDUNGAN HAK ASASI MANUSIA BAGI PRAJURIT TENTARA NASIONAL INDONESIA YANG MELAKSANAKAN TUGAS OPERASI DI WILAYAH PAPUA MENYANGKUT KEPASTIAN HUKUM TERHADAP PRAJURIT TENTARA NASIONAL INDONESIA

Abstract

This study examines the implementation of human rights (HAM) protection for Indonesian National Armed Forces (TNI) soldiers assigned to operations in the Papua region, focusing on legal certainty that safeguards them. The research employs a normative juridical approach supported by empirical studies. The findings indicate that as a rule-of-law state, all actions taken by the TNI must comply with applicable regulations. TNI soldiers are equipped with an understanding of human rights, including prohibitions against unlawful actions. However, in carrying out their duties in Papua, the TNI faces challenges in applying human rights protection due to the absence of clear legal regulations governing actions against armed separatist groups. This legal uncertainty makes TNI personnel vulnerable to accusations of human rights violations, even when their actions are in self-defense and aimed at protecting civilians. Therefore, regulations that provide legal certainty for the TNI in operational areas are necessary, ensuring that they can fulfill their national duty without fear of criminalization. Clear legal certainty will strengthen the TNI's legal position in safeguarding national sovereignty while ensuring that their operations remain aligned with human rights principles.