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p-Index From 2021 - 2026
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All Journal Siber International Journal of Advanced Law
Rr. Dijan Widijowati
Universitas Dirgantara Marsekal Suryadarma, Jakarta, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice

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The Criminal Act of Desertion Against TNI Members Reviewed from Influencer Background and Prevention Efforts Roy Leonard Hosea Pasaribu; Rr. Dijan Widijowati
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.271

Abstract

Discipline is a fundamental principle in the military, especially for soldiers of the Indonesian National Armed Forces (TNI). Serious disciplinary violations such as desertion, the act of leaving duty without permission, remain a major problem within the TNI. This study aims to analyze in-depth the application of the law to the crime of desertion within the TNI, as well as the factors that influence it, and examine effective preventive measures to reduce the number of desertions in the Indonesian Navy (AL). This study uses a normative legal research method. Data were collected through a literature review focusing on laws, government regulations, and related decisions. Data analysis was conducted descriptively and analytically. The application of the law to desertion is strictly regulated in Articles 87 and 89 of the Military Criminal Code (KUHPM), which stipulate sanctions ranging from imprisonment to dismissal. The government must focus more on proactive prevention through a comprehensive approach, including improving soldier welfare, strengthening mental and psychological development, improving leadership and supervision, and optimizing recruitment and legal education.
Legal Protection for Victims of Sexual Violence in the Military Environment Through the Military Justice System Satur Pradana; Rr. Dijan Widijowati
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.276

Abstract

This study examines the reporting mechanism and legal protection for TNI members who are victims of sexual violence in the military environment, and evaluates the extent to which military law has been responsive and accommodating to the case of Lieutenant AAP against seven private soldiers. Using normative legal research methods with a statutory, case, and conceptual approach, as well as descriptive qualitative data analysis, this study found that TNI members who are victims of sexual violence have several reporting channels, namely to their direct superiors/unit commanders, Provost/Military Police (POM), and the Internal Supervisory Agency (TNI Inspectorate/Forces). In terms of legal protection, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence (UU TPKS) and the Military Criminal Code (KUHPM) are the main comprehensive legal umbrellas. The KUHPM, both directly and through references to the general Criminal Code, provides a strong criminal basis. This study concludes that military law in Indonesia is fundamentally quite responsive and accommodating to handling sexual violence, in terms of the completeness of its regulatory instruments. There are multiple sanctions from the Criminal Code, the Military Disciplinary Law, and the Soldier's Code of Ethics.
Co-Authors Roy Leonard Hosea Pasaribu Satur Pradana