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Journal > Perspektif > PERTANGGUNGJAWABAN PIDANA ANGGOTA MILITER TNI YANG MELAKUKAN TINDAK PIDANA DESERSI

 

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Perspektif
Vol 16, No 2 (2011): Edisi April
PERTANGGUNGJAWABAN PIDANA ANGGOTA MILITER TNI YANG MELAKUKAN TINDAK PIDANA DESERSI
Sulistiriyanto, Haryo ( Fakultas Hukum Universitas Pembangunan Nasional Veteran Jawa Timur)
Article Info   ABSTRACT
Published date:
27 Apr 2011
 
This study aims to determine the form of criminal liability for military members who committed the crime and the efforts of military deserters who committed the crime for desertion could return to unity. This research used normative research that relies on the legal norms contained in the legislation and the decisions and the legal norms contained in legislation and court decisions as well as the norms that exist in community. Source data obtained from litelatur-litelatur, applicable legislation and decisions of theMilitary Court. Analiis data using descriptive analysis covering the content and structure of positive law that is an activity undertaken by the authors to determine the content or meaning of the rule of law which is used as a reference in resolving legal issues become the object of study. The results of this study show that this form of criminal liability may be criminal desertion of goods which form the basic sentence of imprisonment, it is stipulated in paragraph 2 of Article 6a KUHPM and an additional penalty of dismissal from military service, this is ditur in paragraph 1 of Article 6b KUHPM. And efforts that can be done by military deserters who committed the crime is asked to be accompanied by legal counsel.
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