Disparitas Putusan Hakim Terhadap Pelaku Tindak Pidana Desersi Di Pengadilan Militer

Desertion is the absence of a military without the permission of the superior, at a place and time determine by the service, to running from the unity and to leave the military service. A criminal disparity can be interpreted as an unlawful criminal sanction to a convicted person in the same case or a case that almost has the same level of crime, either jointly or alone without a justifiable basic. As the problem is what is the basis of judge consideration so that there is disparity to the perpetrators of criminal acts of desertion committed by the Indonesian National Army. The judge's consideration in imposing sanctions on the perpetrator who commits a crime of desertion is seen from the obligation of a military that is present in the unity service to carry out duties. Soldiers who are both committing the crime of desertion but in the course of a trial must be proved about things that affect such as motivation. In handling the case of desertion the judge should be more accurate in deciding the verdict so that the ruling is the basis of the rational decision consideration