Efforts to Resolve the Criminal Act of Desertion Committed by the Indonesian National Army at the III-12 Surabaya Military Court

Abstract

Abstract. This study examines efforts to resolve the crime of desertion committed by Indonesian National Army (TNI) soldiers at the III-12 Surabaya Military Court. Desertion, as a serious violation of military law (Article 87 of the Criminal Code), threatens the integrity of the TNI and national security. Various internal (family, economic, mental) and external factors (unclear regulations, assignment, treatment by superiors) contribute to desertion. The normative research method was chosen because it allows for an in-depth analysis of applicable legal regulations and judicial practices related to desertion, by examining relevant laws and court decisions. The results of the study indicate the existence of internal factors, such as economic and psychological problems of soldiers, as well as external factors, such as less supportive internal TNI policies and treatment by superiors. This study highlights the need for a more comprehensive and humanistic approach in dealing with the problem of desertion. The results of the study indicate that the military justice process, despite its special characteristics, must still uphold justice and human rights. The sanctions imposed vary, including imprisonment and dismissal from military service. The study recommends a more humane and rehabilitative approach to handling desertion, including counseling and character building programs, to prevent recurrence of similar acts and improve the discipline and morale of TNI soldiers. There is also a need for an evaluation of the transparency and effectiveness of the military justice system, as well as a more comprehensive understanding of the factors causing desertion to create more effective policies.

Keywords: Army; Desertion; Military; Rehabilitation; Soldier.