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JUDGE ADVOCATE GENERAL (JAG) OFFICE, COMMANDER RBAF SECRETARIAT OFFICE







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INTRODUCTION


Formally established on the 3rd March 2003, Judge Advocate General’s Office began its journey in the Royal Brunei Armed Forces as a small unit formerly known as the ‘Military Legal Unit’ (MLU) under the purview of the Directorate of Personnel.   On 1 January 2021, as part of the review of its structure, JAG was effectively transferred under the Commander RBAF Secretariat Office.


As the principal legal advisor to the RBAF and Ministry of Defence, JAG plays a crucial role in providing guidance and legal advice in relation to discipline, administration, operation, training and policy to all RBAF Commanders and command holders as to allow them to make just and rational decisions and actions based on the Principles of Justice and due process in accordance with RBAF and National Laws.


JAG currently comprises 4 main divisions: Prosecution, Operations, Policy & Legislation, and General Advisory.  Whilst JAG as a whole, acts as the principal legal advisor to the RBAF and the Ministry of Defence (MINDEF) on all matters pertaining to law, each of these 4 divisions has distinct legal roles and responsibilities in the overall execution of JAG’s functions.   JAG is also the national legal Subject Matter Expert (SME) on Operational Law and Military Disciplinary Law matters. 





MISSION

To provide timely, accurate and practical legal advice and assistance to the chain of command


PRIMARY ROLE

Principal legal adviser to the Commander of RBAF and the Chain of Command on All Matters Pertaining to Law




ROLES & RESPONSIBILITIES


Prosecution

  • Ensures Rule of Law is upheld in Military Justice System
  • Main adviser on legal matters pertaining to offences, disciplinary matters & civil breaches
  • Rendering advice throughout an Investigation Process (close working relations with the special Investigations Branch, Military Police RBAF)
  • Military Detention Matters
  • Sole provider of Summary Dealing and Court Martial Courses
  • Responsible for rendering legal training/briefings throughout RBAF on disciplinary law (IOTC, ISC, PROMEX, CO Coy, CSC)


Operational

  • Ensures the legality and legitimacy of RBAF operations (use of force)
  • Involves in joint-planning process for operations at JFHQ and Units level
  • Involves in ROE formulation and guidance cards 
  • Involves in all RBAF & National and Multi-National Exercises 
  • Provide in-house training/courses on matters related to operational law 


Policy & Legislation

*  Policy: Ensuring RBAF policies are in line with the national stance
  • JPKN Committee
  • Workplace Harassment
  • Manning & Record Instructions
  • Pay Manual
  • Training Safety Regulations
  • Manual of Security


*  Legislation: Review primary act and promulgation of subsidiary legislations

    • Amendment of RBAF Act
    • Promulgation of RBAF (Board of Inquiry) Rules
    • Promulgation of RBAF Rules of Procedure and RBAF (Imprisonment & Detention) Rules
    • Promulgation of RBAF (Summary Jurisdiction) Regulations
    • Amendment of RBAF Rules of Procedure
    • Promulgation of RBAF Regulations
    • Amendment of RBAF (Pensions) Regulations
    • Amendment of RBAF (Summary Jurisdiction) Regulations
    • Comments on the amendment to Visiting Forces Act


General Advisory

*   General advisor on a wide range of legal issues including:

    • Contract/Agreement Review
    • Contractual breaches
    • MOUs 
    • Direct Engagement with Services 
    • Engagement with other Government Agencies (i.e. AGC, RBPF, BSP, BSM)
    • Acquisition of Assets 
    • Civil and Syariah Matters within RBAF – personnel private legal issues, probono


Miscellaneous

  • ASEAN Women for Peace Registry (AWPR) – Head JAG appointed as National Representative of AWPR
  • AG serves as Training Providers within and outside RBAF
    • Externally, JAG provides training packages for EDPMMO & SGO
    • Internally, JAG provides Summary Dealing, President & Members Courses, RBAF Act, Military Law Operations Courses







RBAF COURT MARTIAL CENTRE


The RBAF Court Martial Centre was officially opened on 31 December 2004 and stands equivalent to a High Court.   JAG is responsible for the entire administrative process of convening Court Martial trials from commencement to conclusion as well providing legal training to presiding President and Members who are appointed upon convening.  Whilst the Military Justice System in itself is distinct and unique in nature, RBAF Court Martial trials remain adherent to Brunei Darussalam Evidence Law and may refer to case precedents in national courts when trying like or similar cases.