ANALISIS PENJATUHAN PIDANA TAMBAHAN BERUPA PEMBERHENTIAN DALAM TINDAK PIDANA DESERSI

Desertion is a pure military crime, meaning that this crime is only carried out and applied to members of the military. In imposing a sentence, the military judge has two considerations in his decision, namely whether to impose an additional criminal penalty in the form of dismissal from military service or not to impose an additional criminal penalty in the form of dismissal from military service. Some samples of decisions that the author has taken show that in handing down sentences, military judges use article 26 of the Criminal Code, namely that dismissal can be imposed if the judge deems it appropriate. However, there are no appropriate criteria for dismissal when soldiers desert. The aim of this research is to determine the indicators of appropriate conditions for dismissal from military service for the crime of desertion under Article 26 of the Criminal Code. This research uses a normative legal research approach. The results of this research are indicators of appropriate conditions for imposing additional punishment in the form of dismissal from military service in the crime of desertion under Article 26 of the Criminal Code, namely when deserting in absentia, soldiers who return to the unit not on their own initiative, soldiers who have a bad track record, and soldiers which is difficult to build. Due to the absence of written provisions relating to appropriateness in administering the punishment of dismissal from military service, it is necessary to make additional regulations within the military sphere which essentially explain the appropriate indicators so that they can be used as a reference for military judges in imposing sentences on soldiers who desert.