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| Jenis | : |
KKM
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| Judul | : |
TRIAL IN ABSENTIA IN THE CRIME OF DESERTION COMMITTED BY MEMBERS OF THE INDONESIAN ARMY AT THE PONTIANAK MILITARY COURT (Study of Case Decision Number 01-K/PM.I-05/AD/I/2023)
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| Subjek | : |
Criminal procedure
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| Pengarang | : |
Calistha Amelia Maharani
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| Pembimbing | : |
Hibnu Nugroho,
Dessi Perdani Yuris Puspitasari
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| Prodi | : |
ILMU HUKUM KELAS INTERNASIONAL
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| Tahun | : |
2025
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| Call Number | : |
345.05 MAH t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The trial in absentia is explicitly contained in Article 196 and Article 214 of the Criminal Procedure Code
regarding the absence of the accused in the trial and allows room for conducting the examination in
absentia. In the realm of military justice, based on Article 124 of Law No.31 of 1997, desertion cases are
resolved through trial in absentia. The approach method used in this research is normative juridical
method. The specification of this research uses prescriptive analytical type. The data source used is
secondary data based on primary legal materials and secondary legal materials. Data collection is done by
literature study. The analysis method used is normative qualitative. This research aims to find out the
process of solving the crime of desertion through trial in absentia and the fulfillment of human rights for
the defendant on the implementation of trial in absentia. The process of trial in absentia in the crime of
desertion is carried out materially based on Article 87 of the Criminal Code and formally based on Law
No.31 of 1997 concerning military justice, especially in Article 124 paragraph (4), Article 141 paragraph
(10), and Article 143 which basically states that a desertion case where the Defendant is no longer found
can be resolved without the presence of the Defendant. In terms of the fulfillment of the defendant's human
rights over the implementation of the trial in absentia is through efforts to summon the defendant legally
and also open legal remedies for the defendant against the judge's decision.
Keyword: Trial In Absentia, Crime of Desertion, Defendant's Human Rights
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