Resolution of Military Criminal Law on Desertion Crimes in Peacetime: A Case Study of the Jayapura Military Court

Abstract

This study examines the criminal military law settlement process for desertion offenses committed by Indonesian National Armed Forces (TNI) personnel during peacetime, through a case study of Decision No. 41-K/PM.III-19/AU/II/2021 rendered by the Military Court III-19 Jayapura. Employing a normative legal research approach with a doctrinal case study method, the analysis draws on primary legal materials, including Law No. 34/2004 on the TNI, the Military Criminal Code (KUHPM), Law No. 31/1997 on Military Courts, and the aforementioned decision, supplemented by secondary and tertiary sources. The findings reveal that desertion constitutes a pure military offense under Article 87 KUHPM, characterized by intentional or negligent absence without leave exceeding 30 days in peacetime, punishable by up to 2 years and 8 months imprisonment. In the case analyzed, involving a TNI Air Force sergeant, the court applied an in absentia trial pursuant to Article 143 of Law No. 31/1997, imposing a one-year imprisonment and dismissal from military service after establishing the elements of the offense and weighing disciplinary, public, and military interests. Desertion dominated caseloads at the court (41.5% of 2021 decisions), underscoring its prevalence despite effective normative mechanisms. However, procedural, economic, and psychological constraints persist, potentially undermining efficiency and substantive justice. Recommendations include enhanced budgeting for fugitive searches, electronic summons systems, and mental health support to bolster preventive and adjudicative effectiveness in peacetime military justice.