Indonesian military court belongs to the special court. Legal issue arose concerning the
judge’s decidendi. This legal research aims to answer two main problems, those are. Firstly,
how is decidendi of Yogyakarta’s military court II-11 in rendering decision concerning
desersi. Second, to elaborate on the struggles faced by the judge of Yogyakarta Military ourt
II-11 in deciding the matter in desersiThis research is normative legal research using
secondary data ti answer the problems, supported by few approaches through statutory
approach, conceptual approach and comparative approach. They will be constructed
qualitatively to dra out the conclusion using deductive inductive method alternatively.
Analysis concerning the judge’s decidendi in deciding the matter of desersi committed by the
member of TNI are, Firstly, judges based their considerations on the indictment letter and
proceeding facts as well as the character, essence and impact of the act. Secondly, Author
found that judge’s decision were not effective in giving deterrent effect as well as deeper
knowledge of the judge on why the convicted committed the said acts.