Defense and security the Indonesian state were carried out by the Indonesian National
Army (TNI). There is a criminal act only can be done by soldier which is called the crime
of desertion. The purpose of this research is to knowing the process of resolving the
desertion crime that the culprit was not found and to find out the obstacles faced by law
enforcement in resolving desertion cases. The method of this research is using normative
legal research which is focus on the law or regulation. The conclusion of this research is,
criminal proceedings can be carried out in In Absence or without the presence of the
Defendant when the Prosecutor has summoned 3 (three) times starting from the first trial
to the third trial against the Defendant, if the Defendant has not been found, the
Proceedings examination will continue without the presence of the Defendant or in
Absence. The conclusion of this research is, the process of resolving desertion case that
the perpetrator did not find had several obstacles, namely on legal assistance and the
settlement process is slow, this is because the perpetrators were not found.