PENERAPAN SANKSI PIDANA TERHADAP ANGGOTA TENTARA NASIONAL INDONESIA YANG MELAKUKAN TINDAK PIDANA DESERSI YANG TIDAK DIKETAHUI KEBERADAANYA DI PENGADILAN MILITER YOGYAKARTA

Nowadays, desertion caused criminal act by Indonesian army is quite significant in numbers. Desertion means the action of illegally leaving the armed forced in 30 days. The objective of this research is to observe the problems faced by the judge in examining the case of desertion in criminal act by Indonesian armed forces. In particular to explore the criminal sanction for Indonesian armed forced who has considered as desertion and presented in-absentia in Yogyakarta Military Court. Positive normative law approach has been used as a method in this research. The finding showed that the greatest constrains faced by the military judges were the defendant was disappeard (nobody knows his or her present) it caused the delay in execution process as well as the news dockets. To date the sanction for desertion is dismissal from armed-forced. The news dockets still be judges in-absentia in court