Reconstruction of Military Authority in the Humanitarian Crisismanagement on the Perspective of Civil Society

The complexity of the non-traditional threats that cause humanitarian crises in Indonesia, demands the involvement of the civilian and military sectors. However, there is not a sufficient basis for military authorities to get involved. The previous studies only examined the pattern of civil-military relations without trying to reconstruct the military's authority in a review of legal certainty. This paper outlines the need for reconstruction to provide an applicable solution. This research was conducted by using library research with descriptive analysis method through data collection. In analyzing the reconstruction of the role of the military, this study uses the theory of civil-military relations based on the thoughts of Michael C. Desch and Kelsen's theory of legal certainty in the context of authority. This study finds that the reconstruction of military authority in humanitarian crises can be pursued by several alternatives, such as revising the law on the Indonesian national army, making a new special law, or making derivative regulations that already exist. The author believes that a useful reconstruction in the future is by issuing a new special law, namely the Law on Humanitarian Crisis Management. The formulation of this new law has the opportunity to accommodate new theories, concepts, and paradigms in solving humanitarian crises, particularly in realizing proportional civilmilitary relations. Based on these results, this study can enrich the treasures of defense studies. However, it needs to be refined with a legal drafting approach so that it can be more applicable.