Criminal Policy of Imposing Community Service for the Crime of Absence Without Leave Committed by the Military

(1) Sekolah Tinggi Hukum Militer, Jakarta, Indonesia
(2) Sekolah Tinggi Hukum Militer, Jakarta, Indonesia
(3) Sekolah Tinggi Hukum Militer, Jakarta, Indonesia

Abstract
Introduction: Community service is one of the main punishments as a sub-system in the imposition of punishment in the sanction system in the Criminal Code. Currently, the sanction system in the Criminal Code and the crimes that occur are interesting to discuss and analyze.
Purposes of the Research: Community service is one of the main punishments as a sub-system in the imposition of punishment in the sanction system in the Criminal Code. Currently, the sanctions in the Criminal Code and the crimes that occur are interesting to discuss and analyze. From this, the question is whether the imposition of community service can be applied to military crimes that occur in the Criminal Code, and how the future criminal policy will be for the renewal of military law.
Methods of the Research: Normative legal approach method, namely by legal research conducted by examining library materials or secondary data periodically (in addition to the existence of sociological or empirical legal research which mainly examines primary data) by looking at the provisions of existing laws and regulations, through literature review.
Results Main Findings of the Research: The legal basis for imposing Social Work sentences in Indonesia is regulated in National Law Number 1 of 2023 concerning the Criminal Code, Article 65, so it is necessary to reform criminal law, especially military criminal law because the purpose of punishment for the military is not only retribution but also guidance and prevention because if the perpetrator of the crime is a military person, it can have a very broad impact both for military interests and public interests.Keywords
DOI
10.47268/pamali.v5i2.3084
Published
2025-07-31
How To Cite
@article{pamali3084, author = {James Tetelepta and Agustinus Hadi and Ani Maryani}, title = {Criminal Policy of Imposing Community Service for the Crime of Absence Without Leave Committed by the Military}, journal = {PAMALI: Pattimura Magister Law Review}, volume = {5}, number = {2}, year = {2025}, keywords = {Criminal Policy; Social Work; Military Criminal.}, abstract = {Introduction: Community service is one of the main punishments as a sub-system in the imposition of punishment in the sanction system in the Criminal Code. Currently, the sanction system in the Criminal Code and the crimes that occur are interesting to discuss and analyze.Purposes of the Research: Community service is one of the main punishments as a sub-system in the imposition of punishment in the sanction system in the Criminal Code. Currently, the sanctions in the Criminal Code and the crimes that occur are interesting to discuss and analyze. From this, the question is whether the imposition of community service can be applied to military crimes that occur in the Criminal Code, and how the future criminal policy will be for the renewal of military law.Methods of the Research: Normative legal approach method, namely by legal research conducted by examining library materials or secondary data periodically (in addition to the existence of sociological or empirical legal research which mainly examines primary data) by looking at the provisions of existing laws and regulations, through literature review.Results Main Findings of the Research: The legal basis for imposing Social Work sentences in Indonesia is regulated in National Law Number 1 of 2023 concerning the Criminal Code, Article 65, so it is necessary to reform criminal law, especially military criminal law because the purpose of punishment for the military is not only retribution but also guidance and prevention because if the perpetrator of the crime is a military person, it can have a very broad impact both for military interests and public interests.}, issn = {2775-5649}, pages = {265--273} doi = {10.47268/pamali.v5i2.3084}, url = {https://fhukum.unpatti.ac.id/jurnal/pamali/article/view/3084} }
Agustinus. P.H., “Reconstruction of Conditional Sentence in the Renewal of Military Criminal Law”. Bandung: Doctoral Dissertation, Padjadjaran University, 2017
Bachsan Mustafa. Integrated Indonesian Legal System. Bandung: Citra Aditya Bakti, 2016
Colonel CHK Agustinus P.H. Selected Chapters of Military Criminal Law. Depok: Raja Grafindo Persada, 2019.
Niniek Suparni, The Existence of Fines in the Criminal and Sentencing System, Jakarta: Sinar Grafika, 2007.
S.R. Sianturi. Principles of Criminal Law in Indonesia and their Application. Jakarta: Storia Grafika, 2002.
S.R. Sianturi., Principles of Military Criminal Law in Indonesia and Its Implementation. Jakarta, Center for Military Law Studies, 2013.
S.R. Sianturi., Military Criminal Law in Indonesia. Jakarta: Center for Military Law Studies, Military Law College "AHM-PTHM", 2013.
Soedarto, Criminal Law and the Development of Society. A Study of Criminal Law Reform, Bandung: Sinar Baru, 1983.
Soerjono Soekanto and Sri Mamudji, Introduction to Normative Legal Research, A Brief Review. Jakarta: Raja Grafindo Persada, 2007.
Soerjono Soekanto, Introduction to Legal Research, 3rd ed., Jakarta, UI-Press, 1986.Dublin Core | PKP Metadata Items | Metadata for this Document | |
1. | Title | Title of document | Criminal Policy of Imposing Community Service for the Crime of Absence Without Leave Committed by the Military |
2. | Creator | Author's name, affiliation, country | James Chris Deweighat Tetelepta; Sekolah Tinggi Hukum Militer, Jakarta; Indonesia |
2. | Creator | Author's name, affiliation, country | Agustinus Purnomo Hadi; Sekolah Tinggi Hukum Militer, Jakarta; Indonesia |
2. | Creator | Author's name, affiliation, country | Ani Maryani; Sekolah Tinggi Hukum Militer, Jakarta; Indonesia |
3. | Subject | Discipline(s) | |
3. | Subject | Keyword(s) | Criminal Policy; Social Work; Military Criminal. |
4. | Description | Abstract | Introduction: Community service is one of the main punishments as a sub-system in the imposition of punishment in the sanction system in the Criminal Code. Currently, the sanction system in the Criminal Code and the crimes that occur are interesting to discuss and analyze.Purposes of the Research: Community service is one of the main punishments as a sub-system in the imposition of punishment in the sanction system in the Criminal Code. Currently, the sanctions in the Criminal Code and the crimes that occur are interesting to discuss and analyze. From this, the question is whether the imposition of community service can be applied to military crimes that occur in the Criminal Code, and how the future criminal policy will be for the renewal of military law.Methods of the Research: Normative legal approach method, namely by legal research conducted by examining library materials or secondary data periodically (in addition to the existence of sociological or empirical legal research which mainly examines primary data) by looking at the provisions of existing laws and regulations, through literature review.Results Main Findings of the Research: The legal basis for imposing Social Work sentences in Indonesia is regulated in National Law Number 1 of 2023 concerning the Criminal Code, Article 65, so it is necessary to reform criminal law, especially military criminal law because the purpose of punishment for the military is not only retribution but also guidance and prevention because if the perpetrator of the crime is a military person, it can have a very broad impact both for military interests and public interests. |
5. | Publisher | Organizing agency, location | Postgraduate Program in Law, Pattimura University |
6. | Contributor | Sponsor(s) | |
7. | Date | (YYYY-MM-DD) | 2025-07-31 |
8. | Type | Status & genre | Peer-reviewed Article |
8. | Type | Type | |
9. | Format | File format | |
10. | Identifier | Uniform Resource Identifier | https://fhukum.unpatti.ac.id/jurnal/pamali/article/view/3084 |
10. | Identifier | Digital Object Identifier | 10.47268/pamali.v5i2.3084 |
11. | Source | Title; vol., no. (year) | PAMALI: Pattimura Magister Law Review; Vol 5, No 2 (2025): JULY |
12. | Language | English=en | en |
13. | Relation | Supp. Files | |
14. | Coverage | Geo-spatial location, chronological period, research sample (gender, age, etc.) | |
15. | Rights | Copyright and permissions | Copyright: Authors who publish their manuscripts in this Journal agree to the following conditions: 1. The copyright in each article belongs to the author, as well as the right to patent. 2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal. 3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work. 4. Authors have the right to self-archiving of the article (Author Self-Archiving Policy)
Licence : PAMALI: Pattimura Magister Law Review is disseminated based on the Creative Commons Attribution-NonCommercial 4.0 International license terms. This license allows anyone to copy and redistribute this material in any form or format, compose, modify, and make derivatives of this material for any purpose. You cannot use this material for commercial purposes. You must specify an appropriate name, include a link to the license, and certify that any changes have been made. You can do this in a way that is appropriate, but does not imply that the licensor supports you or your use.
|
Refbacks
- There are currently no refbacks.
Copyright (c) 2025 James Chris Deweighat Tetelepta. Agustinus Purnomo Hadi, Ani Maryani

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.