ANALISIS YURIDIS PENEGAKAN HUKUM TERHADAP DESERSI ANGGOTA TNI (Studi Kasus Nomor 392-K/PM.III-19/AD/XI/2024)

Abstract

This research aims to identify and analyze the act of desertion committed by the defendant, specifically examining the background factors that prompted the act. Furthermore, this study examines the law enforcement process, spanning from the indictment stage to the court's final decision. Additionally, this research seeks to analyze whether the defendant's act of desertion falls under the category of "pure desertion" (desersi murni) or desertion with aggravated circumstances, based on applicable military criminal law provisions. Methodology The research method employed is normative legal research using a case study approach. This involves the analysis of court decisions, statutory provisions, and legal literature. Data were obtained through literature reviews and the analysis of court documents, which were subsequently processed and analyzed qualitatively. Findings The results of this study indicate that the desertion committed by the defendant is a pure military crime (tindak pidana murni militer) committed by a soldier or military member, involving the abandonment of duty without valid authorization beyond the specified time limits. Juridically, desertion is regulated under Article 87 of the Military Penal Code (KUHPM). In the law enforcement process, beginning with the indictment, the Military Prosecutor (Oditur Militer) charged the defendant under Article 87 Paragraph (1) point 2 in conjunction with Paragraph (2) of the KUHPM.