Tindak Pidana Desersi di Lingkungan Tentara Nasional Indonesia dan Upaya Penyelesaiannya Ditinjau dari Pasal 87 Kuhpm Tentang Menarik Diri dari Pelaksanaan Kewajiban-Kewajiban Dinas (Studi Kasus Pada Komando Distrik Militer 0501 Jakarta Pusat)

Abstract

The Republic of Indonesia (RI) is a constitutional state, which means that every resident, official of the state apparatus, including members of the TNI, is subject to and obeys the laws that apply in their daily behavior both on and off duty. For members of the TNI who will be subject to disciplinary punishment, their actions must meet the requirements set out in the provisions of Article 5 of Law no. 26 of 1997 concerning Military Discipline (hereinafter abbreviated as the TNI Soldier Discipline Law). Article 5 of the TNI Soldier Discipline Law states, "Violations of soldier discipline are serious disobedience and disobedience to soldiers who are based on the Sapta Marga and the Soldier's Oath to carry out their duties and obligations in accordance with the rules or procedures for soldier life." In order to prevent and overcome all internal and external problems that occur within the TNI organization, it is necessary to think about and make efforts that are both preventive and repressive in nature to overcome and minimize all these problems, especially the problem of desertion by members of the TNI. so that it is hoped that these efforts can deter and prevent a soldier from committing a criminal act, especially desertion. What are the factors that influence the occurrence of the crime of desertion by members of the Indonesian National Armed Forces, especially in the jurisdiction of the Military District Command 0501 Central Jakarta? What are the efforts made by the territorial jurisdiction of Central Jakarta Military District Command 0501 in reducing the number of desertion crimes by members of the Indonesian National Armed Forces? What are the obstacles that arise in handling desertion cases committed by members of the Indonesian National Armed Forces, especially in the 0501 Central Jakarta Military District Command area? Preventive efforts in the form of supervision and legal counseling regarding obligations and prohibitions that apply within the TNI AD which are continuous and sustainable in nature. Repressive efforts in the form of punishment for the perpetrators of the criminal act of deserting the TNI through military courts are subject to imprisonment for a minimum of 1 (one) 2 (two) years and 4 (four) months in prison. The weight and lightness of a judge's decision depends on the motive for the crime committed by the perpetrators of the crime of deserting the TNI. As for the additional punishment in the form of dismissal to the perpetrators of the criminal act of TNI desertion, if the perpetrator repeats the crime of TNI desertion, the reasons or personal information from the perpetrator which the judge considers to be unclear and commits 2 (two) criminal acts simultaneously.