PERTANGGUNGJAWABAN PIDANA ANGGOTA MILITER YANG MELAKUKAN DESERSI DI MASA DAMAI DI PENGADILAN MILITER YOGYAKARTA

BADRI, DEDEN MIFTAHUL (2013) PERTANGGUNGJAWABAN PIDANA ANGGOTA MILITER YANG MELAKUKAN DESERSI DI MASA DAMAI DI PENGADILAN MILITER YOGYAKARTA. S1 thesis, UAJY.

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Abstract

This scription titled on Criminal Liability, military members who did a military crime of desertion in peacetime in the military court of Yogyakarta, which aims to answer the problem of how the criminal liability of the members of the military who commit crimes of desertion in peacetime and the factors What are the effect on court verdict military of Yogyakarta against crime desertion in peacetime. This study uses a normative method that focuses on the provisions of the legislation and the judge's decision with regard to the crime of military desertion in peacetime and to find out the factors that influence the decision of the Military Court by dig up information from the sources. Objects used by the author in writing this law is the primary data and secondary data, by the research result of military criminal responsibility can not be separated from the general criminal responsibility which a military man who did crime of desertion in peacetime can be accountable the criminal liability, this can apply what is called "There is no crime without error (keine strafe ohne schhuld or geen straf zonder schuld). The factors which influence the decision of the court in the verdict on military criminal court at the peacetime yogyakarta influenced several factors in this case must look up from the theories and doctrines for make the decisions. There are theories and doctrines above can be understood by the judge in imposing the verdict influenced by several factors in the decision to settle a case of military desertion at the peacetime, these factors include: environmental factors and personal factors of the offender.

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