ANALISIS YURIDIS TERHADAP PROSES HUKUM TINDAK PIDANA DESERSI SECARA IN ABSENSIA DALAM WAKTU DAMAI (Analisis Putusan Pengadilan Militer II-08 JAKARTA NOMOR 234-K/ PM/II/ 08/AU/IX/2015)

Abstract

Desertion is a serious violation in military units that can undermine the discipline of soldiers. The purpose of this research is to conduct an in-depth legal analysis of the legal process applicable to handling desertion cases tried in absentia during peacetime. The primary focus of the research is the Decision of the Jakarta Military Court II-08 Number 234-K/PM/II/08/AU/IX/2015, which involved TNI soldiers. This research uses normative legal research methods, supported by a case study approach. The data analyzed include relevant laws and regulations, including Law Number 31 of 1997 concerning Military Justice, the Criminal Code (KUHPPM), and military criminal law doctrine. The results indicate that the legal process for desertion defendants tried in absentia complies with applicable legal provisions. The Military Court has the authority to continue the trial even if the defendant is not present, provided that formal requirements, such as a valid summons, have been met. However, challenges remain in ensuring the fulfillment of the defendant's rights and the effective execution of the decision. The implications of this ruling affirm the principle of firm law enforcement in the military, while also highlighting the need for better coordination between military law enforcement agencies to ensure the effective execution of rulings.