UPAYA PENANGGULANGAN TERHADAP TINDAK PIDANA DESERSI YANG DILAKUKAN OLEH TENTARA NASIONAL INDONESIA (TNI) (STUDI KASUS DI PENGADILAN MILITER II-11 YOGYAKARTA)

Yoga Primananda Al Fath Ashidiqi, NIM.: 21103040082 (2025) UPAYA PENANGGULANGAN TERHADAP TINDAK PIDANA DESERSI YANG DILAKUKAN OLEH TENTARA NASIONAL INDONESIA (TNI) (STUDI KASUS DI PENGADILAN MILITER II-11 YOGYAKARTA). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

As a military institution, the Indonesian National Armed Forces (TNI) operate under a strict legal framework, including Law Number 34 of 2004 concerning the TNI, Law Number 25 of 2014 concerning Military Discipline Law, and Law Number 39 of 1947 concerning the Military Penal Code (KUHPM). Currently, desertion cases are increasingly prevalent in several military units. The main issue is that despite the existence of clear legal regulations, serious disciplinary violations such as desertion continue to occur. Between 2020 and 2024, there were approximately 3,000 desertion cases, with an average of 765 cases per year. The author found that out of 19 desertion cases handled by the Military Court II-11 Yogyakarta in 2024, 4 were repeat offenses. This phenomenon indicates that the problem of desertion has not been addressed effectively. Without proper countermeasures, it is feared that this issue may spread and significantly reduce the overall discipline of military personnel. Based on this background, the research focuses on prevention efforts and the implications of the decisions made by the Military Court II-11 Yogyakarta regarding perpetrators of desertion. This research employs field research as its primary method. The research approach used in this research is the juridical-empirical method. The juridicalempirical approach combines the analysis of legal norms (juridical) with observations of their implementation in practice (empirical). This approach enables a deeper understanding of the factors that influence the application of law and its effectiveness in achieving intended goals. The study applies the Theory of Sentencing, the Theory of Criminology, and the Theory of Countermeasures. The research results indicate that several factors causing TNI members to commit the crime of desertion are economic factors, household/family factors, intent factors, and a lack of understanding of the regulations applicable within the TNI environment. Several prevention efforts for the crime of desertion include legal counseling, morning assemblies and commander's hours, mental and spiritual development, discipline enforcement, and resolution of personal issues. Furthermore, the implications of the verdicts issued by the Military Court II-11 Yogyakarta against perpetrators of desertion provide a concrete picture of the application of articles concerning the crime of desertion contained in the Military Criminal Code (KUHPM). These verdict implications are also used to affirm the supremacy of military discipline, create a deterrent effect for all TNI members, and are used for the development of TNI soldiers.

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