PENEGAKAN HUKUM PIDANA PADA ANGGOTA TNI YANG MELAKUKAN TINDAK PIDANA DESERSI ( STUDI KASUS PUTUSAN PENGADILAN MILITER 1-04 PALEMBANG )

AL AKBAR, M FABILLA and Adisti, Neisa Angrum and Zulaikha, Almira Novia (2025) PENEGAKAN HUKUM PIDANA PADA ANGGOTA TNI YANG MELAKUKAN TINDAK PIDANA DESERSI ( STUDI KASUS PUTUSAN PENGADILAN MILITER 1-04 PALEMBANG ). Undergraduate thesis, Sriwijaya University.

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Abstract

Desertion is a criminal offense for military personnel who, without proper authorization (in this case, from their superior officer), deliberately leave their unit and abandon their military duties at a specific place and time as determined by military service regulations. This may occur either by fleeing the unit or leaving without permission. The term "desertion" is defined in the Indonesian Military Penal Code (hereinafter referred to as KUHPM), specifically in Chapter III, which discusses "Crimes Constituting Means by Which a Soldier Withdraws from the Fulfillment of Military Duties." This study raises two main research questions: What are the judges’ considerations in sentencing in Case Number: 111-K/PM I-04/AD/XI/2019 at the Military Court I-04 Palembang? What is the role of the Principle of Command in preventing the crime of desertion among TNI (Indonesian National Armed Forces) personnel within the jurisdiction of the Military Court I-04 Palembang? The research employs a normative legal method by reviewing relevant laws and legal literature. In addition, field research was conducted through direct interviews with personnel from the relevant institution, in this case, the Military Court I-04 Palembang. The research approach combines statutory and case study approaches. Legal materials were collected through field studies and literature reviews. The findings of this research conclude that the judges, in assessing the elements presented during trial—including both aggravating and mitigating factors—and in accordance with the goals of sentencing, determined that the defendant no longer had the intention to remain a member of the military. This conclusion was based on the defendant’s continued absence from the moment of being declared a deserter until the trial and sentencing process was completed. In desertion cases, the role of the unit commander is crucial in fostering discipline and mentoring subordinates. Effective leadership can minimize desertion cases and help build an integrated and cohesive military unit. Keywords: Crime, Desertion, Military Court I-04 Palembang.

Item Type:	Thesis (Undergraduate)
Subjects:	K Law > K Law (General) > K4740-4760 Military criminal law and procedure
Divisions:	02-Faculty of Law > 74201-Law (S1)
Depositing User:	M Fabilla Al Akbar
Date Deposited:	25 Sep 2025 07:43
Last Modified:	25 Sep 2025 07:43
URI:	http://repository.unsri.ac.id/id/eprint/184793

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