https://review.
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Vol.
No.
July - September 2025 DOI: https://doi.
org/10.
38035/sijal.
https://creativecommons.
org/licenses/by/4.
The Criminal Act of Desertion Against TNI Members Reviewed from Influencer Background and Prevention Efforts Roy Leonard Hosea Pasaribu1.
Rr.
Dijan Widijowati2 Universitas Dirgantara Marsekal Suryadarma.
Jakarta.
Indonesia, royleonard423@gmail.
Universitas Dirgantara Marsekal Suryadarma.
Jakarta.
Indonesia, dijan.
widijowati@unsurya.
Corresponding Author: royleonard423@gmail.
Abstract: Discipline is a fundamental principle in the military, especially for soldiers of the Indonesian National Armed Forces (TNI).
Serious disciplinary violations such as desertion, the act of leaving duty without permission, remain a major problem within the TNI.
This study aims to analyze in-depth the application of the law to the crime of desertion within the TNI, as well as the factors that influence it, and examine effective preventive measures to reduce the number of desertions in the Indonesian Navy (AL).
This study uses a normative legal research method.
Data were collected through a literature review focusing on laws, government regulations, and related decisions.
Data analysis was conducted descriptively and The application of the law to desertion is strictly regulated in Articles 87 and 89 of the Military Criminal Code (KUHPM), which stipulate sanctions ranging from imprisonment to dismissal.
The government must focus more on proactive prevention through a comprehensive approach, including improving soldier welfare, strengthening mental and psychological development, improving leadership and supervision, and optimizing recruitment and legal education.
Keywords: Criminal Acts.
Desertion.
TNI Members.
INTRODUCTION
Discipline is something form obedience and compliance.
Discipline for somebody military or a TNI soldiers are something necessity and pattern life that must be carried out, formation discipline for soldier started from elementary education period military training and upbringing is method formation discipline for soldier.
Training pattern given through intensity activity accompanied by doctrine for TNI members, because its ' must ' nature, then need enforced something rules and regulations for smooth running enforcement discipline in body military.
(Nanang Tomi Sitorus, dkk, 2.
Army (TNI) as the vanguard national defense and security have important role in guard sovereignty and integrity of the Unitary State of the Republic of Indonesia.
Discipline and obedience to law as well as regulation legislation is foundation main in implementation task 215 | P a g e https://review.
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However, in dynamics organizations and individuals within them, not can denied occurrence various violation discipline until action criminal, one of them is desertion.
Desertion is action a member military leave duties and responsibilities the answer without permission official or valid reasons.
This is a violation serious discipline and can result law is violation Serious in TNI environment.
This action No only violate provision law military, but also potentially bother effectiveness operational unit, damaging image institutions, as well as cause impact psychological and social for the member concerned and Regulation legislation in Indonesia, in particular Constitution Number 31 of 1997 concerning Justice Military and regulations related others, in a way firm arrange about action criminal desertion along with sanctions that can be charged to the perpetrator.
Implementation provision criminal This become important as form enforcement laws and efforts guard order as well as discipline in TNI body.
Although Thus, the phenomenon desertion among TNI members still become relevant Various factor background behind allegedly participate influence occurrence action Factors the can originate from the individual's internal members, such as problem personal, pressure psychological, dissatisfaction to official duties, up to factor external like condition social economy and influence environment.
Understanding in a way deep root underlying problems desertion become important in effort look for comprehensive solution.
Case desertion by Indonesian Navy soldiers somebody soldier with different backgrounds case in LP 08/A-12/V/2022 a person soldier rank Enlisted personnel at Mabesal reckless leave official duties remember that somebody Enlisted This new just married and so on his wife pregnant and inside pregnancy his wife experience abnormalities, at the time will give birth to child so Mother This expect presence husband For accompany the delivery process, because wife experience abnormalities and must through the operation process But on the other hand that soldier the have duties and responsibilities responsible by the state, namely operate something which command the soldier must choose one must operate state duties and one must accompany wife in frame give birth to child the first one who needs it mentoring a husband Because remember Far from family, inside the soldier 's assignment indecisive so that soldier the brave do violation discipline.
At the same time the soldier get telegram letter from KASAL ( Chief of Naval Staf.
Naval Staff ) for transferred assignment to Papua in the process of its journey Because remember must wait his son who will born soldier No brave permission to leadership However choose leave task.
In Article 87 paragraphs 1 to 2 of the KUHPM which reads The military deliberately No enter service in more from 30 days in the future peace and 4 days in the future war, then the person concerned Already more from 30 days still No enter and not Want to deliver self so that the service process walk direct in accordance the provisions stipulated in Chief of Staff Number 29 of 2007 Procedures for Settlement Sanctions Administration for Indonesian Navy soldiers who carried out action criminal desertion in the first 30 plus 1 period concerned stated the desertion in question was processed by investigators from the Navy Military Police and held summons after held the summons concerned still neglect and not ignore but the person concerned still just No Want to operate mutation order was held summons second until third in a way worthy clean hard No Want to present Because remembering the person concerned his mind feel afraid between enter or No so that always indecisive in life daily until time running for 90 days of the 90 days concerned No enter service so the process completed through Court Military from proposal decision the court concerned disconnected guilty and sentenced punishment criminal for 1 year and criminal additional fired from TNI/TNI AL service period expired the matter in question for 12 years If during less than 12 years of age concerned caught then the person concerned still undergo decision punishment.
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Nomative List Case Crime / Violation (Crimina.
Desertion Period 2023 to 2.
Case Type of Violating Name Entry Process Completed DILMIL Decision Case Article Date NonDesertion Article 10022023 Process Jkt i Put Dilmil II-08 Completed Naval Base Jakarta No: 186d officer of the Police K/PM initials KJ Criminal Station 08/AL/Vi/2023 Code Date 26092023 Criminal 1 year in prison dismissed from service Indonesian Navy NonDesertion Article 27112021 Process Lantamal Put Dilmil II-08 Completed i Jakarta Jakarta No: 110d officer of the Military K/PM initials SK Criminal Police 08/AL/V/2024 Date Code Station 30122024 Criminal 1 year in prison dismissed from service Indonesian Navy military Enlisted Desertion Article 03012025 Process Jkt i Put Dilmil II-08 Initials RJ Completed Naval Base Jakarta No: 110of the Police K/PM IICriminal Station 08/AL/V/2025 Date Code 10032025 Criminal 1 year in prison dismissed from service Indonesian Navy military In addition to enforcement law through implementation sanctions criminal, attempt prevention also plays a role significant role in pressing number desertion.
Steps preventive effective can reduce potential occurrence violations and create environment more work conducive for all over TNI members.
Prevention efforts this can covering mental and ideological development, improvement welfare members, repairs system recruitment and placement, as well as more supervision strict.
Study this aim for study in a way deep implementation provision action criminal to TNI members who carry out desertion, with review factors background background that influences it as well as efforts prevention that has been and can be done.
Comprehensive understanding to problem This expected can give contribution constructive for repair system law military and upgrades quality source Power humans in the TNI environment, so that created more organizations professional, disciplined, and with integrity.
With background behind mentioned, the formulation problem in study this is How regulation legislation in force in Indonesia regarding TNI members who carry out desertion? and what effort prevention that can be done done For reduce number action criminal desertion in the Indonesian Navy environment ? Based on the description above writer do study this with title AuAction Criminal Desertion to TNI Members Reviewed from Influencing Backgrounds and Prevention Efforts".
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METHOD
Study this will use method study law normative .
ormative legal researc.
Approach this chosen because focus study is examine legal norms, principles law, as well as doctrine relevant laws with action criminal desertion to TNI members.
Collection material law will done through studies library research analysis material law will done in a way descriptiveanalytical.
Legal materials that have been collected will analyzed for identify issues law, find relevance between various regulations, and interpret meaning as well as implications the law.
RESULTS AND DISCUSSION
Regulation Applicable Legislation in Indonesia Regarding TNI Members Who Do Desertion Desertion, as action leave service without permission or No return after the end permission, is violation Serious in environment military.
For members Indonesian National Army (TNI), action This No only harm institutions military That Alone but also has the potential threaten stability state security.
Definition and Classification Desertion In a way general, desertion refers to action a soldiers who left service military without permission or No return to unity after the leave period or assignment ended.
Indonesian military law classifies desertion to in a number of category, which is reflected in formulation the articles in it.
Desertion is No whereabouts a military without permission superior directly, at a place and time that has been determined by the service, with run from unity and leaving service military, or go out with method go, run away self without permission.
(Sulistriyanto Haryo,2.
One of factor the main thing that becomes base classification desertion is duration the time when the soldiers No present without permission.
The longer a person soldier leave service without permission, the more Serious his violations and increasingly heavy consequence the law.
(Bambang Slamet Eko Sugistiyoko,2.
Desertion Light (Less than Certain Time Perio.
: Some regulations military Possible own category desertion light For absence without permission in time short, for example not enough than 30 days.
In case this, the sanctions imposed Possible more to punishment internal disciplinary or criminal more confinement light, with objective For give effect deterrent without must direct dismiss soldiers.
However, it is necessary noted that in the Criminal Code, desertion in a way general Already considered action criminal Serious.
(Shenora Gusti Anasakila,2.
Medium Desertion (Medium Ter.
: For period longer absences, for example between 30 days until a number of month, desertion can categorized as moderate.
The punishment that can be dropped will more heavy, like criminal prison in term time certain, and possible termination No with respect (PTDH) begins considered in a way Serious.
Desertion (Long Term / Chroni.
: This is the most serious category, where soldiers No return to service during months, even many years.
Punishment imposed almost Certain in the form of criminal long prison terms and PTDH.
Soldiers who commit desertion in category This considered has in a way permanent ignore obligation its military and gave rise to loss significant for institutions.
KUHPM (Criminal Cod.
Militar.
no in a way explicit share desertion be "light," "moderate," or "severe" based on duration solely in the article.
However, the length of time absence become factor a weighting agent that is highly considered by the Auditor Military (Military Prosecuto.
in demands and by Military Judge in decision, according to with Article 87 of the Criminal Code which regulates about desertion.
The judge has discretion For determine the weight punishment based on the facts revealed, including duration time 218 | P a g e https://review.
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July - September 2025 Besides the duration time, intention or mens rea behind absence soldier is factor important in classify and determine punishment desertion.
According to writer classification desertion based on the perpetrator's intention .
ens re.
Intention Permanent For Leaving the Service: This is the essence of action criminal If proven that soldier own clear and consistent intention For No return to its unity or leave his obligations as soldier, then element desertion fulfilled.
Proof intention This often done through evidence No directly, such as No existence communication, efforts run self, or other activities that indicate reluctance For return.
Absence Due to Circumstances Emergency / Force : There are situations where soldiers No can present Because condition emergency that is not unexpected and outside control .
or example, accidents serious, disaster nature that befell him or his family, or Sick serious need maintenance immediatel.
In case like this, if his intention No For desertion but inability physique or hindering circumstances, then treatment the law will different.
This may be considered as violation discipline or absence without permission normal, isn't it? desertion, provided that There is effort For to inform or return as soon as possible.
However, if after condition emergency subside soldier No return or No report self, intention desertion can start Absence Due to Negligence / Negligence : If the soldier No present Because forget schedule, misunderstanding command, or negligence pure without intention For desertion, this will also treated different.
Possible sanctions given more nature disciplinary.
Main Legal Basis for Desertion in System Justice Indonesian Military Strong legal basis is key For study in a way comprehensive action criminal desertion in context military in Indonesia.
Not only about sanctions, but also about rights and obligations The foundation law the main one who regulates desertion in system justice Indonesian military is the Criminal Code Military (KUHPM).
However, it is important For remember that the Criminal Code does not stand alone.
He supported and strengthened by several regulation other laws that are mutually exclusive complete.
Criminal Code Military (Criminal Cod.
The Criminal Code is umbrella law the main thing that is specific arrange various action crimes committed by members military, including desertion.
In the Criminal Code, desertion categorized as one of the form violation discipline and criminal military serious threat integrity and preparedness TNI institution.
Articles key in the Criminal Code which specifically explicit discuss desertion are Article 87 and Article 89.
Article 87 of the Criminal Code: (Pasal 87 Kitab Undang-Undang Hukum Pidana Milite.
Threatened Because desertion, military :
The one who left with Meaning interesting self For forever from obligations his office, avoiding danger war, crossing to enemy, or enter service military in a country or other powers without justified For That .
Because the mistake or with on purpose do absence without permission in time peace longer than three tens day, in time war longer than four day .
The one with on purpose do absence permission and therefore No follow carry out part or all of it from something ordered travel, as described in article 85-2.
Desertion committed in time peaceful, threatened with criminal prison maximum two years eight month.
Desertion committed in time war, threatened with criminal prison maximum eight year six This article become base main prosecution desertion in normal conditions or peacetime.
This article in a way general state that a soldiers who with on purpose leave service without valid permit or No return to its unity after the permit period end will convicted.
Details regarding 219 | P a g e https://review.
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The punishment varies depending on the duration desertion and factors ballast .
Article 89 of the Criminal Code:
Threatened with criminal death, criminal prison lifetime life or temporary maximum twenty 1st desertion to enemy .
hanged with Law No.
39 of 1.
desertion in time war, from unit troops, boats sea or assigned aircraft For service security, or from something place or the post that was attacked or threatened attack by the enemy.
(Pasal 89 Kitab Undang-Undang Hukum Pidana Milite.
This article arrange about desertion in better conditions serious, namely during wartime, operations military, or condition danger.
Desertion in situation This considered Far more heavy Because can endanger life colleagues soldier, threatening success mission, even stability national defense.
Threats punishment For desertion in Article 89 far more heavy compared to Article 87, even in case extreme can lead to criminal charges dead.
This shows how seriously view law to desertion in times of crucial for the country.
Constitution Number 34 of 2004 concerning Indonesian National Army (TNI) Constitution Number 34 of 2004 concerning The Indonesian National Army (TNI) is runway fundamental laws that govern existence, duties main points, functions and structure TNI This law is very relevant Because :
Defining Soldier : This law confirm who is called as TNI soldiers and what just right as well as obligation they.
Desertion in a way direct violate obligation base a soldier For always loyal to the state and leadership, as well discipline in operate task.
Discipline Military : The TNI Law emphasizes importance discipline military as joints main TNI's strength and professionalism.
Desertion clear is violation heavy to principle discipline this.
Articles in this law which regulates about coaching career soldiers, discipline, and ethics, in general implicit support enforcement to desertion.
Termination Soldier : This law also provides runway for termination soldier from TNI service, including termination No with respect (PTDH) as consequence on violation heavy like desertion.
Regulation Government Regulation (PP) Number 39 of 2010 concerning Administration Soldier Indonesian national army Regulation Government Regulation (PP) Number 39 of 2010 concerning Administration Soldier The Indonesian National Army (TNI) is very important regulations in management personnel military.
Although No in a way specific arrange action criminal desertion, this PP own relevance strong in context desertion Because arrange various aspect administration soldiers, start from recruitment, increase rank, assignment, up to termination.
Management good and orderly administration according to this PP in a way No direct can minimize potential occurrence desertion, and vice versa, violation to provision regulated administration in this PP can be one of trigger or indication beginning a soldier will do desertion.
Decree of the TNI Commander Number Kep/1089/XII/2017 concerning Instruction Implementation Legal Aid in the Environment National Army Decree of the TNI Commander Number Kep/1089/XII/2017 concerning Instruction Implementation Legal Aid in the Environment The Indonesian National Army (TNI) is very important internal regulations in ensure rights soldier fulfilled, including for those suspected or has do action criminal desertion.
Although desertion is violation seriously, every soldier own right For get help law in accordance with regulation legislation and principles right basic human beings.
Commander's Decision This become runway operational for legal units within the TNI environment give service help law.
Commander's Decision This aim For : (Irman Putra dan Arief Fahmi Lubis,2.
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Realize similarities understanding and action in organization help law for TNI soldiers.
Give certainty law and protection rights soldier.
Increase effectiveness and efficiency implementation task help law within the TNI Based on Decree/1089/XII/2017, assistance laws that can given to suspected soldiers or involved action criminal desertion includes : .
Litigation Legal Aid : This can in the form of consultation law, counseling law, or mediation before case enter to realm court.
For example, if There is indication beginning soldier will desertion or new absent, assistance unit law can give advice For prevent action more carry on or facilitate communication.
Litigation Legal Aid : This is mentoring law during the trial process, starting from stage investigation, inquiry, prosecution, up to court hearing military.
Investigation and Inquiry : Suspected soldier desertion entitled accompanied advisor law moment asked statement by investigator or Military Police.
This is important For ensure his rights No violated and the process is ongoing in accordance procedure.
Prosecution : Counsel law can accompany soldier moment file case delegated to Auditor Military.
Trial : This is phase crucial where the soldier .
he accuse.
is obliged accompanied by an advisor law or defenders, especially If threat the punishment high.
Advisor law will help compile defense, presenting witness relieve, and ensure all proof checked in a way fair.
Legal Remedies: Assistance law is also given For submit effort appellate law, cassation, or review return If required.
Responsible party answer in give help law according to Decree/1089/XII/2017 is a Legal Officer (Ku.
or Legal Unit (Satku.
in each levels and dimensions of the TNI.
They act as advisor law or defender for soldier.
Although soldier can also refer to advisor law private outside TNI structure, assistance law provided by the state through Legal Officers are guaranteed rights.
Preventive Measures That Can Be Taken For Reducing the Number of Crimes Criminal Desertion In Indonesian Navy Environment Factors Trigger Desertion Factors that encourage a soldier For do action criminal desertion : (Rahmah Marsinah,2.
Internal Factors of Soldiers :
Economic and Financial Problems : Needs economy that is not fulfilled, debt trap, or pressure finance family often become reason main.
Problem Family and Social : Conflict House stairs, problems health member family, or demands social from environment origin can trigger stress and desire For leave service.
Pressure Psychology and Stress Work : Heavy workload, environment work that is not conducive, or lack of support psychological can cause soldier feel depressed and looking for road go out with desertion.
Characteristics Individual : Lack discipline self, low motivation, or inability adapt with life military.
Abuse Drugs or Alcohol : Involvement in abuse substance forbidden can destroying morals and discipline, as well as push action desertion.
External Factors (Office Environmen.
Leadership and Coaching : Lacking attention from superiors, coaching that is not effective, or even treatment that is not fair can destroy the morale of soldiers.
Welfare Soldier : Inadequate facilities adequate, perceived remuneration No worthy, or lack of guarantee social for soldiers and families.
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System Sanctions and Punishments : Lack of effect deterrent from existing sanctions or enforcement lack of law consistent.
Recruitment and Selection : Lack of recruitment process selective can produce soldiers who do not own motivation strong or a tough mentality.
Prevention Efforts Preventive (Pre-emptiv.
and Repressive Prevention efforts action criminal desertion, which is action a member military leave task without permission, can shared into two approaches Main : preventive .
and Preventive efforts aim For prevent occurrence desertion through coaching, education, and supervision.
Temporary that, the effort repressive focus on the drop sanctions law for perpetrator desertion after action the happen.
(Erisamdy Prayatna,2.
A number of effort prevention desertion that the author kemukan, namely :
Preventive Efforts (Early Preventio.
Improvement Welfare Soldiers and Families :
Remuneration and Benefits : A Study of the need improvement decent salary and benefits, adjusted with need life and inflation.
Facility Housing and Health: Improvements and upgrades quality facility housing area service as well as service health for soldiers and their families.
Assistance Program Finance / Credit : Provision of assistance programs finance or loan with low interest For overcome problem economy soldier.
education and training Skills for Family : Support training programs skills for member family soldiers to have independence economy.
Improvement Mental and Moral Development :
Religious Education and Ideology : Strengthening religious values.
Pancasila, and Sapta Marga for form character a tough and loyal soldier.
Counseling and Guidance Psychological : Provision service counseling and psychology regularly to help soldier overcome problem personal and pressure Work.
Improvement Program Motivation : To hold activities that can be increase motivation, pride, and sense of belonging to institutions.
Strengthening Leadership and Coaching Unit :
Training Leadership : Giving training leadership oriented towards coaching personnel, empathy, and communication effective for the commanders.
System Supervision and Guidance Tiered : Building system strict supervision and coaching tiered from superior direct to the highest level.
Create Environment Conducive Work : Encouraging creation atmosphere positive, mutual work support, and far from practices that are not ethical or discriminatory.
Optimization of Recruitment and Selection Process :
Strict Psychological Tests and Mental Ideology Tests : Tightening the selection process with focus on aspects psychological, mental, and ideological For netting candidate soldiers who have mental resilience and motivation tall.
Interview In-depth : Doing interview deep For identify potential problem personal or trend desertion since early.
Implementation System Early Detection :
Monitoring Behavior Soldier : Develop system monitoring behavior soldiers, especially for those who show signs problem or change attitude.
Channel Complaints (Whistleblowing Syste.
: Provides channel official and safe for soldier For report problem or complaint without Afraid retribution.
Legal Education and Discipline :
Socialization Military Law Regulations : Carrying out socialization in a way periodically about consequence law from action criminal desertion and violations discipline other.
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Simulation and Case Studies: Using method simulation or studies case For show impact desertion in a way real.
Repressive Efforts (Law Enforcement and Enforcemen.
Consistent and Firm Law Enforcement : Ensuring that every case desertion followed up in accordance with applicable law, without view fur, for give effect deterrent.
Transparency of Legal Process: Conducting legal processes in a way transparent For build trust among soldiers and society.
Reintegration .
f allow.
: For cases certain, considering rehabilitation programs or reintegration for soldiers who show regret and desire For return to service, with supervision CONCLUSION Foundation law desertion in Indonesia is something a complete unity, starting from the Criminal Code as the core of the crime, strengthened by the TNI Law as foundation institutional, and equipped with various regulation implementers who regulate procedural and administrative details.
The combination device law This ensure that every soldiers who do desertion will face consequence clear and measurable laws, in line with principle discipline and professionalism in body Indonesian national army.
Factors trigger desertion is very diverse, starting from from internal problems of soldiers like difficulty economy, family, and stress psychological, to factor external like lack of leadership effective, welfare that has not been inadequate, and the recruitment process is lacking selective.
Therefore that, the effort prevention must focus on steps preventive .
and efforts repressive through enforcement consistent and transparent laws still important for give effect deterrent.
Success effort it really depends on the role collaborative from various parties, starting from Indonesian Navy leadership, mental and psychological development units, up to family soldier That Alone.
Suggestion The need review and synchronization of the Criminal Code with current development.
Mentering norms or guidelines in the Criminal Code or regulation the executor who encourages the judge or editor For consider factors psychosocial and economic background desertion as mitigating factors or influence type sanctions .
or example, encouraging rehabilitation than total imprisonment if proven There is pressure extrem.
It is expected regulation legislation can more responsive to complexity problem desertion, no only as form enforcement, but also as an integral part of effort prevention and development TNI soldiers.
It is expected government focus on prevention proactive through comprehensive approach through improve welfare soldier, strengthen mental and psychological development, improve leadership and supervision and optimization recruitment and legal education : With the Indonesian Navy can create a better environment support, so that soldier feel appreciated and have commitment tall to service.
REFERENCE