This study analyzes whether The regulation of the Republic of Indonesia
Defense System Reserve Components are in accordance with the distinction
principle, the Reserve Components’ status in a state of war emergency and aims to
determine the appropriate military reserve settings and the military reserve status in
an emergency in terms of the distinction principle.
This study uses a normative method that is qualitative and focuses on positive
law obtained from various sources, then analyzed with one another. Data collection is
done by means of literature study. Literature studies are carried out by understanding
books, laws and regulations, legal and non-legal opinions related to the problems
studied.
This study also draws the conclusion that The regulation of the Republic of
Indonesia Defence System Reserve Components are not qualify as combatants or
civilians and the Status of the Republic of Indonesia Defence System Reserve
Components still qualify as civilians in a war. This causes the Reserve Components
to lose its protection as a civilian during mobilization and also does not get protection
as a prisoner of war because it is not a combatants