CRIMINAL RESPONSIBILITY OF MEMBERS OF THE INDONESIAN NATIONAL ARMY WHO COMMIT DESERTION (Study of the Decision of the Jakarta Military Court II-08 No. 31-K/PM II-08/AD/I/2022)

The crime of desertion is a purely military crime committed by a soldier because it is against the law and contrary to the Law. The problem in this thesis is how the legal regulations for resolving military criminal cases of desertion committed by TNI soldiers, how is the criminal responsibility for TNI members who commit the crime of desertion, how is the punishment for TNI members who commit the crime of desertion in the decision of the Military Court ll-08 Jakarta Number 31-K / PM ll-08 / AD / l / 2022. Then the collected data is then discussed. The legal provisions for resolving military criminal cases of desertion committed by TNI soldiers are regulated in Articles 87 and 89 of the Military Criminal Code, while regarding the crime of desertion in an absentia examination, it is regulated in Article 141 paragraph (10) and Article 143 of Law Number 31 of 1997 concerning Military Justice. Criminal liability for TNI members who commit criminal acts is the main penalty consisting of the death penalty, imprisonment, and additional penalties consisting of dismissal from military service, demotion, and revocation of certain rights.