OMNIBUS LAW AND IT’S IMPLEMENTATION OF INDONESIAN COUNTRY MARITIME DEFENSE AND ISLAMIC LAW VIEWS ABOUT STATE DEFENSE

Abstract

President Joko Widodo stated that the enforcement of maritime sovereignty is one of the main programs to realize Indonesia as a global maritime foundation. One area, which is complicated and requires serious attention from the government, is the maritime security sector. At present, Indonesia has at least 17 laws governing law enforcement at sea with nine law enforcement agencies operating. At present, various laws regulate various law enforcement agencies at sea. Each institution has a different mandate in a particular maritime zone. For example, the Indonesian Navy and BAKAMLA and the Ministry of Maritime Affairs and Fisheries have the authority to carry out law enforcement through the Exclusive Economic Zone (EEZ). Water police only have authority in the waters of the Indonesian archipelago, internal water, and territorial sea. In practice, there is no single ideal model for law enforcement at sea. From the background description above, the formulation of the problem that the author wants to analyze is how is the implementation of the omnibus law in Indonesia’s maritime national defense as well as the Islamic legal perspective on national defense? In Islam, International Relations are characterized as Mua’malat taken from Arabic or also in Islamic law as Syiar which is International Islamic law. In addition, Islam also has the principle of International Relations that regulates relations between nations in other countries both Muslim and non-Muslim. The form of the relationship is mu’minun and mu’ahidun or mu’minun with people without an agreement. Defending the country is one form of patriotism; patriotism must be proven by practice as has been carried out by the Prophet Muhammad in personal and social life. With the existence of the omnibus law, it is hoped that there will be no overlap and conflict in maritime defense in Indonesia in particular, so that a full state defense can also be realized.