Akibat Hukum Bagi Prajurit TNI Melakukan Tindak Pidana Desersi yang Diputus In Absentia dalam Praktek Pengadilan Militer Iii-14 Denpasar

Abstract

The Republic of Indonesia is a State based on Law. Every Indonesian citizen is obedient and submissive to the law including Indonesian National Army Soldiers (TNI). Soldiers of  the Indonesian National Army besides submitting to general legal rules such as the Criminal Code (KUHP) and also subject to special rules that only apply to soldiers of the Indonesian National Army namely the Criminal Law Code Military (KUHPM) and Military Disciplinary Law  (KUHDM). Discipline is  a  basic  milestone for  Indonesian National Army  Soldiers in carrying out their duties. If a Indonesian National Army Soldiers lacks discipline in his life order it can be the cause of a crime. Based on this matter the following issues will be discussed (1) What are the factors that cause Indonesian National Army Soldiers to commit a crime of desertion (2) What is the legal consequence of the In Absentia ruling for Indonesian National Army Soldiers who commit a crime of desertion. The method used is a juridical- empirical research method. The results of the study stated that due to the In absentia law a Indonesian National Army Soldiers committing a Desertion criminal act would remain on trial without the presence of the defendant and be sentenced to prison with additional punishment in the form of dismissal from military service.