Pratama, Muhammad Aldo Vindia (2024) Eksplikasi Penegakan Hukum Tindak Pidana Desersi Dilingkungan Tentara Nasional Indonesia Oleh Polisi Militer. Other thesis, Universitas Islam Riau.

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Abstract

Criminal acts can occur anywhere and at any time, including within the Indonesian National Army or what we often call the TNI. The TNI was built and developed with a spirit of discipline and obedience to military command as a tool based on state interests in the field of defense and duties, and is not free from unlawful acts, especially military violations. One of the military crimes that often occurs in the military environment is the crime of desertion. The crime of desertion is a serious concern among the military and law enforcement, especially the Military Police. In this case, the role of the Military Police as law enforcers is expected to be able to work for justice in society, especially among the military. The main problem in this research is the Explication of law enforcement of criminal acts of desertion within the Indonesian National Army by the Military Police in the Legal Area of Military Police Detachment I/3 Pekanbaru and Projections in law enforcement of criminal acts of desertion within the Indonesian National Army by the Military Police in the Legal Area Military Police Detachment I/3 Pekanbaru in the future The method used in this research is field research and literature (Normative Empirical). The data sources used in this research are primary data obtained directly from interviews with predetermined sources and secondary data sources obtained from various literature and statutory regulations. And the nature of this research is analytical descriptive. The results of the discussion in this paper are, first, that the law enforcement of the criminal act of desertion carried out by the Military Police in the jurisdiction of the Pekanbaru 1/3 Military Police Detachment is through repressive measures, namely through investigations. And the sanctions factor in the Military Criminal Code (KUHPM), especially regarding the crime of desertion, is that there is a discrepancy between the rules and practice in the field. Article 87 paragraph (2) of the Criminal Code states that desertion committed in peacetime is punishable by a maximum prison sentence of two years and eight months. However, in practice, the sanctions given often take the form of dismissal. Based on interviews with members of the military police, dismissal is carried out if the defendant does not appear (in absentia) at the trial three times in a row. This is not explicitly regulated in written regulations. The ambiguity factor is that many people are confused about which court has the authority to try TNI members if they commit general crimes as regulated in the Criminal Code. Basically, TNI members are tried in military courts. However, certain cases, such as a member of the TNI who resisted and caused the death of a civilian after being beaten, can give rise to confusion regarding the proper jurisdiction of the courts.

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