PENYELESAIAN TINDAK PIDANA DESERSI TERHADAP ANGGOTA TNI-AD DIWILAYAH HUKUM PENGADILAN MILITER II-08 JAKARTA

Abstract

The Indonesian National Armed Forces (TNI) is one of the Indonesian military forces that supports the sovereignty of the State which is tasked with safeguarding, protecting and defending the security and sovereignty of the state. The TNI is a general part of the general public who is specially prepared to carry out the task of defending the state in order to support and maintain the unity and integrity of the State. In carrying out the duties of TNI members, it is limited by military regulations so that all actions and actions taken must be based on applicable law.

To carry out its duties and obligations, the TNI is trained and educated to obey orders or decisions in accordance with the provisions of military law. Every member of the TNI must obey and obey the legal provisions that apply specifically to the military, namely the Military Criminal Code (KUHPM). However, in carrying out all its responsibilities and obligations to the state, the TNI is not spared from all its problems, one of which is desertion. Desertion is the act of leaving a task without notice after a period of time that has been determined by the rules. This provision is contained in Article 14 paragraph 1 letter a of the Government Regulation (PP) of the Republic of Indonesia Number 1 of 2003 concerning the Dismissal of Members of the Indonesian National Police.

The article reads "Members of the Indonesian National Police are dishonorably discharged from the Polri service if they leave their duties illegally for more than 30 consecutive working days". In the Military Criminal Code (KUHPM), desertion committed in a period of time is threatened with a maximum imprisonment of 2 years and 8 months (two years and eight months). Meanwhile, during the war, the maximum imprisonment of 8 years and 6 months (eight years and 6 months) will be threatened.

The purpose of this study was to determine the application of criminal sanctions against members of the Indonesian National Armed Forces who committed a criminal act of desertion at the Military Court II-08 Jakarta had implemented criminal sanctions as they should, this can be seen from the handling of existing cases, and the executions carried out. carried out by the Military Prosecutor has been carried out in accordance with the procedures and provisions imposed on the Indonesian National Armed Forces who committed the crime of desertion.

The research method used in this study is a normative law research method where the source of the data used is obtained based on primary legal materials, namely Court Decision No. 48-K/PM II-08/AD/III/2021 and secondary legal materials such as books, journals, and so on. The outputs targeted in this research are mandatory outputs in the form of accredited national journals.

Keywords :

TNI, Desertion, Military