Polemic of Law No. 23 of 2019 Concerning Management of National Resources for National Defense Formation of Reserve Components

Abstract

The study of legal politics in the polemic of Law No. 23 of 2019 PSDN, legal politics, namely legal policies that determine the direction, form and content of law which includes the formation, application and enforcement of law in order to achieve certain social goals/state goals. So linked in this sense the formation and application of this law creates confusion for implementers and society. so that the formulation of the problem is how to carry out the formal and material formation procedures for Law No. 23 of 2019 concerning the Management of National Resources for the Formation of Reserve Components and what are the suitability of substances and the results of material reviews by the Constitutional Court. The approach method used in this research is juridical-normative, this study concludes Whereas the PSDN Law has formally been formed and ratified, but materially there are norms or principles that are still not accommodated in these regulations so that it is feared that it will cause friction between one law and another and there is overlap between regulations (the PSDN Law and the State Defense Law) which regulates the same matter with regard to the concept of defending the country (reserve component). One of the several polemical articles of the PSDN Law, namely the concept of human rights (HAM), which was not fully given limited space to citizens in the election process, became a reserve component.