DASAR PERTIMBANGAN HAKIM DALAM PENJATUHAN SANKSI PIDANA BAGI ANGGOTA TNI YANG MELAKUKAN TINDAK PIDANA DESERSI PADA MASA DAMAI

Sembiring, Yobel Chrismas Basita (2018) DASAR PERTIMBANGAN HAKIM DALAM PENJATUHAN SANKSI PIDANA BAGI ANGGOTA TNI YANG MELAKUKAN TINDAK PIDANA DESERSI PADA MASA DAMAI. S1 thesis, UAJY.

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Abstract

This research focuses on understanding the judge decision in making the criminal decision for the military officers who are involved in desertion and also the obstacles that are faced in giving the sanction for the crime of desertion. The research is a normative research that focuses on the norm of positive law. Based on the research that has been undertaken by the writer in the military court II-1 in Yogyakarta, it is resulted that the judge’s decision to the military officers who are involved in the crime of desertion during the peaceful time, the judge is considering the background of the life of military officer as it has an effect in the way the military officer is thinking to resolve a problem, the duration of desertion which causes negligence to the duty that is given. The problems in implementing the sanction are time, the offender has not been found in the time of investigation and the case is about to brought the court, the offender is being caught, another problem is the difficulties in presenting the witness in the court due to the fact that the witness is a colleague of

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