Tanggung Jawab Negara dalam Perlindungan Tentara Nasional Indonesia yang Gugur Saat Perang di Negara Lain

Studi Kasus di Lebanon

Abstract

This study analyzes the legal basis for sending TNI soldiers on peacekeeping missions and the state's responsibility towards soldiers who died while serving in other countries, following the death of four soldiers in the UNIFIL mission in 2026. This study applies a normative juridical method through a legislative, conceptual, and comparative approach. The formulation of the research problem: (1) what is the legal basis for sending soldiers on peacekeeping missions; and (2) what is the responsibility of the Indonesian state towards soldiers who died during war in other countries (case study in Lebanon). The existing findings describe that (1) the sending of TNI soldiers has a strong legal basis, both based on international law, namely the UN Charter, UN Security Council Resolution Number 1701 of 2006, and the Convention on the Safety of United Nations and Associated Personnel 1994, as well as national law, namely Law Number 34 of 2004 concerning the TNI and Presidential Regulation Number 86 of 2015, although compensation arrangements are still scattered across various regulations at different levels and have not been coordinated with UN compensation scheme; and (2) the state's responsibility for soldiers who died in is a consequence of the state's obligation to protect officials carrying out official duties, which requires the fulfillment of the economic and social rights of soldiers' families through compensation, pensions, and other compensation, accompanied by transparent investigations to ensure accountability. Therefore, it is necessary to strengthen national regulations that specifically regulate legal protection, compensation, and welfare guarantees for TNI soldiers and their families, as well as strengthen accountability mechanisms for those responsible for attacks on UN peacekeeping personnel.