Reformulation of Criminal Law Policy in the Process of Resolving Desertion Cases for Indonesia National Military that Gets Justice
- DOI
- 10.2991/978-2-38476-024-4_30How to use a DOI?
- Keywords
- Military; desertion; justice
- Abstract
Law of the Republic of Indonesia Number 34 of 2004 explains that the Army is a citizen who is prepared and armed for the tasks of national defense to face military threats and armed threats, but in terms of law enforcement as The military’s legal object is obliged to comply with the applicable law in the Unitary State of the Republic of Indonesia, both contained in the Criminal Code (KUHP) and in the Military Criminal Code (KUHPM), in article 46 of the KUHPM it is stated that the military are those who are legally bound by service. Voluntarily in the Armed Forces, who are obliged to be in service continuously within the grace period of the service bond, Until now this action is still often carried out by soldiers of the Indonesian National Army and cause a lot of losses for the Unity and the Unitary State of the Republic of Indonesia and become a form of crime is desertion or absenteeism without permission from the competent superior be a criminal act where the action is an act that cannot be happened in military life. However, considering that for the military the act is is an act that cannot happen, then the solution or action legally military discipline cannot provide a deterrent effect and provide an example for other TNI members. To reduce this problem, a normative legal approach is used, the data sources used in this study are secondary data and primary data. The results obtained are that a series of processes for the settlement of criminal acts of withdrawal from service obligations (desertion) must be based on the law and through law enforcement officers that have been stipulated by law and must be more effective in carrying out their duties as law enforcers, especially in settlement of criminal acts of withdrawal from service obligations (desertion). Therefore the act is determined as a form of crime and is punishable by criminal penalties imprisonment to dismissal from military service. Unity was greatly harmed because The army cannot carry out its duties as a military, but on the other hand it is necessary also received attention from external factors of the perpetrator, namely the perpetrator’s family who in their daily life rely on the perpetrator’s salary to meet the needs of life, by being given the opportunity as stated in Law Number 31 of 1997 Article 143, namely the case of the criminal act of desertion as referred to in the KUHPM which The defendant fled and was not found again within 6 (six) months consecutively and has attempted to summon 3 (three) times in a row legal, the court’s decision will only be implemented, but with a certain period of time enforced in the law makes the desertion case a serious case classified as difficult because it takes a long time to complete, use speed up the settlement of desertion cases, reformulate the criminal rules the crime of desertion with a shorter period of time by issuing The Circular Letter of the Supreme Court was extended for 5 (five) months with the time remaining fixed it just hasn’t provided a solution in accelerating the settlement of the desertion case so that reappears a shorter completion time of 1 (one) month with a fixed summoned 3 (three) times, in terms of the effectiveness of law enforcement officers this can be achieved, but what about justice for the perpetrators and the parties? others outside the service, with their status as TNI, their rights as the TNI, especially salaries can still be automatically given to these members although it is not accepted by the person concerned, but the family or heirs the perpetrators of the desertion can still receive a salary or entitlement as a military officer and can still used for his family in meeting the necessities of life, A member of the TNI In this case, attention also needs to be paid while prioritizing humanity fair and civilized.
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- © 2023 The Author(s)
- Open Access
- Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.
Cite this article
TY - CONF AU - Amalia Galih Wangi AU - Edy Lisdiyono PY - 2023 DA - 2023/04/19 TI - Reformulation of Criminal Law Policy in the Process of Resolving Desertion Cases for Indonesia National Military that Gets Justice BT - Proceedings of the International Conference On Law, Economics, and Health (ICLEH 2022) PB - Atlantis Press SP - 274 EP - 284 SN - 2352-5398 UR - https://doi.org/10.2991/978-2-38476-024-4_30 DO - 10.2991/978-2-38476-024-4_30 ID - Wangi2023 ER -