Pertimbangan Hakim Pengadilan Militer II-11 Yogyakarta Dalam Menjatuhkan Sanksi Terhadap Perkara Tindak Pidana Desersi

Anthony, Ricky (2020) Pertimbangan Hakim Pengadilan Militer II-11 Yogyakarta Dalam Menjatuhkan Sanksi Terhadap Perkara Tindak Pidana Desersi. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Indonesian military court belongs to the special court. Legal issue arose concerning the judge’s decidendi. This legal research aims to answer two main problems, those are. Firstly, how is decidendi of Yogyakarta’s military court II-11 in rendering decision concerning desersi. Second, to elaborate on the struggles faced by the judge of Yogyakarta Military ourt II-11 in deciding the matter in desersiThis research is normative legal research using secondary data ti answer the problems, supported by few approaches through statutory approach, conceptual approach and comparative approach. They will be constructed qualitatively to dra out the conclusion using deductive inductive method alternatively. Analysis concerning the judge’s decidendi in deciding the matter of desersi committed by the member of TNI are, Firstly, judges based their considerations on the indictment letter and proceeding facts as well as the character, essence and impact of the act. Secondly, Author found that judge’s decision were not effective in giving deterrent effect as well as deeper knowledge of the judge on why the convicted committed the said acts.

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