Application of Criminal Sanctions Against Indonesian National Army Soldiers Perpetrators of the Crime of Desertion

Abstract

Soldiers of the Indonesian National Army (abbreviated as TNI) have been specially prepared to guard, protect and defend the security and sovereignty of the Unitary State of the Republic of Indonesia (NKRI). In carrying out their duties, TNI members are limited by military laws and regulations, so that all actions they carry out must be based on applicable laws and regulations. In order to guarantee and support the implementation of the TNI's important roles and tasks, special regulations have been made that apply to TNI members, in addition to general regulations. In carrying out their duties and obligations towards the state, a member of the TNI is not immune from legal problems, for example there are members of the TNI who commit a crime, namely the crime of desertion. Dissertation is an act of withdrawing from carrying out TNI service obligations as regulated in Article 87 of the Military Criminal Code (KUHPM). The application of criminal sanctions in the criminal act of desertion committed by TNI soldiers intentionally in peacetime longer than 30 (thirty) days, then they can be sentenced as regulated in Article 87 paragraph (1) 2nd j uncto paragraph (2) KUHPM with a maximum threat of imprisonment of 2 (two) years and 8 (eight) months.