Pertimbangan Hakim Pengadilan Militer III-12 Surabaya Dalam Memutus Tindak Pidana Desersi Pada Waktu Damai

Abstract

      This study aimed to determine the inspection process the Military Court Judge III-12 Surabaya, Malang, the criminal offense of desertion in peacetime and to know the process of consideration of the Military Court Judge III-12 Surabaya, Malang, the criminal offense of desertion in peacetime.This type of research is in use in this study is that normative research  using literature study. Analysis performed by qualitative analysis model. Results of the research that has been done to analyze the data, Basic Considerations Surabaya Military Court Judge III-12 In Malang break Crime Desertion In Time Peace Has Jo In accordance with Article 171 199 of Law No. 31 Year 1997 on Military Courts. The verdict handed down should have a base and a strong consideration in order to provide the fairest decision. Decision of the crime of desertion in peacetime with the presence of the defendant that I researched the case in the Military Court III-12 Surabaya was decided already in accordance with the provisions of the Act is the act that is prohibited by law it really has been done and can in accountability justified by the defendant as well as the absence of a criminal abolish reason, an excuse or justification on the defendant.

      Keywords :  Military Courts, The Judges Verdict, and The crime of Desertion in Peacetime