Application of Military Criminal Law

Oct 13, 2025 by talynt.org 11 views

The Application of Military Criminal Law in the Case of Desertion Criminal Acts in Peace Committed by Members of the Indonesian National Army in Ajiph I/Bukit Barisan

Introduction

The Indonesian National Army (TNI AD) plays a vital role as a state tool in the field of land defense. As a key component of the country's defense system, the TNI AD is responsible for enforcing state sovereignty, maintaining the integrity of the territory of the Unitary State of the Republic of Indonesia based on the Pancasila and the 1945 Constitution, as well as protecting the nation and all spilling blood of Indonesia from all threats. However, in the implementation of this task, the TNI AD Ajiph I/Bukit Barisan faces various problems, one of which is the desertion act carried out by its members.

The Problem of Desertion in the TNI AD Ajiph I/Bukit Barisan

Desertion is an action in which a TNI member leaves unity without legal permission from their superiors. This crime is a serious problem that must be handled through a military justice system. In Ajiph I/Bukit Barisan, there are several cases of desertion that need to be examined more deeply. This research discusses some important questions: First, what causes members of the Army ADAH I/Bukit Barisan to desert? Second, how is the application of military criminal law in the desertion case? Third, what are the legal considerations made by the judge in deciding the desertion case to increase the development of personnel?

Causes of Desertion

Based on research conducted, the main cause of desertion among members of the Army AD Ajiph I/Bukit Barisan is related to financial and family problems. The problem of debt receivables is often a driving factor that makes members feel depressed, while problems in family relations can also create unstable mental conditions. Both can cause TNI members to make the decision to leave unity without permission. Financial instability can lead to feelings of hopelessness and desperation, while family problems can create emotional turmoil that makes it difficult for members to focus on their duties.

Application of Military Criminal Law

In dealing with desertion cases, military criminal law is implemented in stages, starting from the investigation stage, prosecution, to the examination at the trial. This process is designed to ensure that every member involved gets fair treatment in accordance with applicable law. Consistent and transparent law enforcement will provide a deterrent effect for other members and at the same time become part of coaching to prevent the recurrence of the same action in the future. The military justice system plays a crucial role in maintaining discipline and order within the TNI AD, and the application of military criminal law is essential in addressing desertion cases.

Legal Considerations by Judges

In each decision regarding desertion, the judge has legal considerations that must be followed. This consideration includes the factors underlying desertion actions, their impact on units, as well as rehabilitation and coaching efforts that need to be carried out. The decision taken not only aims to punish, but also to provide opportunities for the perpetrators to improve themselves and return to the military environment better. This approach is important to improve the quality of personnel in Ajiph I/Bukit Barisan. The judge's decision should take into account the complexities of the case, including the motivations behind the desertion and the potential consequences for the individual and the unit.

Conclusion

From the analysis conducted, it is clear that the problem of desertion in the TNI AD Ajiph I/Bukit Barisan is a complex and multidimensional issue. By understanding the cause, applying the right military criminal law, as well as considering rehabilitation aspects in the decision, it is expected that desertion cases can be minimized. Through these steps, it is hoped that the quality and integrity of the Army personnel in Ajiph I/Bukit Barisan can continue to be improved, so that it can carry out its duties as a better defense tool for the country. The application of military criminal law and the importance of coaching in maintaining harmony and discipline in the Army are crucial in addressing desertion cases and improving the overall performance of the TNI AD.

Recommendations

Based on the findings of this research, the following recommendations are made:

The TNI AD Ajiph I/Bukit Barisan should provide support and assistance to members who are experiencing financial and family problems to prevent desertion.
The military justice system should be implemented consistently and transparently to ensure that every member involved gets fair treatment in accordance with applicable law.
The judge's decision should take into account the complexities of the case, including the motivations behind the desertion and the potential consequences for the individual and the unit.
The TNI AD Ajiph I/Bukit Barisan should provide coaching and rehabilitation efforts to help members who have deserted to improve themselves and return to the military environment better.

Limitations of the Study

This research has several limitations, including:

The study was conducted in a specific region (Ajiph I/Bukit Barisan) and may not be generalizable to other regions.
The study relied on secondary data and may not have captured the full complexity of the issue.
The study did not examine the impact of desertion on the unit and the country as a whole.

Future Research Directions

Future research should aim to:

Examine the impact of desertion on the unit and the country as a whole.
Investigate the effectiveness of coaching and rehabilitation efforts in preventing desertion.
Develop a more comprehensive understanding of the causes of desertion and the factors that contribute to it.

Conclusion

In conclusion, the problem of desertion in the TNI AD Ajiph I/Bukit Barisan is a complex and multidimensional issue that requires a comprehensive approach to address. By understanding the cause, applying the right military criminal law, as well as considering rehabilitation aspects in the decision, it is expected that desertion cases can be minimized. Through these steps, it is hoped that the quality and integrity of the Army personnel in Ajiph I/Bukit Barisan can continue to be improved, so that it can carry out its duties as a better defense tool for the country.
Frequently Asked Questions (FAQs) about the Application of Military Criminal Law in the Case of Desertion Criminal Acts in Peace Committed by Members of the Indonesian National Army in Ajiph I/Bukit Barisan

Q: What is desertion in the context of the Indonesian National Army (TNI AD)?

A: Desertion is an action in which a TNI member leaves unity without legal permission from their superiors. This crime is a serious problem that must be handled through a military justice system.

Q: What are the causes of desertion among members of the Army AD Ajiph I/Bukit Barisan?

A: Based on research conducted, the main cause of desertion among members of the Army AD Ajiph I/Bukit Barisan is related to financial and family problems. The problem of debt receivables is often a driving factor that makes members feel depressed, while problems in family relations can also create unstable mental conditions.

Q: How is the application of military criminal law in the desertion case?

A: In dealing with desertion cases, military criminal law is implemented in stages, starting from the investigation stage, prosecution, to the examination at the trial. This process is designed to ensure that every member involved gets fair treatment in accordance with applicable law.

Q: What are the legal considerations made by the judge in deciding the desertion case?

A: In each decision regarding desertion, the judge has legal considerations that must be followed. This consideration includes the factors underlying desertion actions, their impact on units, as well as rehabilitation and coaching efforts that need to be carried out.

Q: What is the role of the military justice system in addressing desertion cases?

A: The military justice system plays a crucial role in maintaining discipline and order within the TNI AD, and the application of military criminal law is essential in addressing desertion cases.

Q: How can the TNI AD Ajiph I/Bukit Barisan prevent desertion cases?

A: The TNI AD Ajiph I/Bukit Barisan can prevent desertion cases by providing support and assistance to members who are experiencing financial and family problems, implementing consistent and transparent law enforcement, and providing coaching and rehabilitation efforts to help members who have deserted to improve themselves and return to the military environment better.

Q: What are the limitations of this study?

A: This research has several limitations, including the study was conducted in a specific region (Ajiph I/Bukit Barisan) and may not be generalizable to other regions, the study relied on secondary data and may not have captured the full complexity of the issue, and the study did not examine the impact of desertion on the unit and the country as a whole.

Q: What are the future research directions?

A: Future research should aim to examine the impact of desertion on the unit and the country as a whole, investigate the effectiveness of coaching and rehabilitation efforts in preventing desertion, and develop a more comprehensive understanding of the causes of desertion and the factors that contribute to it.

Q: What is the conclusion of this study?

A: In conclusion, the problem of desertion in the TNI AD Ajiph I/Bukit Barisan is a complex and multidimensional issue that requires a comprehensive approach to address. By understanding the cause, applying the right military criminal law, as well as considering rehabilitation aspects in the decision, it is expected that desertion cases can be minimized. Through these steps, it is hoped that the quality and integrity of the Army personnel in Ajiph I/Bukit Barisan can continue to be improved, so that it can carry out its duties as a better defense tool for the country.