TINJAUAN YURIDIS PENYELESAIAN PERKARA DESERSI YANG DILAKUKAN PADA MASA DAMAI (ANALISIS DAMPAK PUTUSAN NO 154-K/PM II-09/AU/X/2024 TERHADAP PERSONEL LAIN DI KESATUANNYA)

Abstract

The specific regulations that only apply to TNI soldiers are Law Number 31 of 1997 concerning Military Justice, which regulates the provisions regarding judicial jurisdiction over TNI soldiers who commit crimes. The problems in this study are: 1) How are the legal regulations regarding the crime of desertion committed during peacetime reviewed from military law in Indonesia? and 2) What is the impact of Decision No. 154-K / PM II-09 / AU / X / 2024 in cases of desertion against other personnel in their units? This research method uses normative legal research with secondary data. The approach used is the Law, Conceptual and case approaches. The analysis used is qualitative. The results of this study indicate that the legal regulations regarding the crime of desertion during peacetime in Indonesia are strictly regulated in the Military Criminal Code (KUHPM), especially Article 87. In the context of peacetime, desertion is seen as a serious violation of military discipline because it damages the bonds of loyalty, disrupts unit readiness, and weakens command. Decision No. 154-K/PM II-09/AU/X/2024 in the desertion case involving Sergeant Iwan Gunawan has had a significant direct impact on the deserter and other personnel, both in terms of law, military career, and personal life such as mental. Legally, this decision confirms the application of the provisions of Article 87 of the Military Criminal Code (KUHPM), where the perpetrator was found guilty of leaving service without permission during peacetime beyond the specified time limit.