Tinjauan Yuridis Terhadap Tindak Pidana Membawa Atau Menyimpan Senjata Tajam Menurut Undang-undang Darurat Nomor 12 Tahun 1951 (Studi Kasus Pengadilan Negeri Tanjung Balai Karimun)

Sapitri, Kurnia (2022) Tinjauan Yuridis Terhadap Tindak Pidana Membawa Atau Menyimpan Senjata Tajam Menurut Undang-undang Darurat Nomor 12 Tahun 1951 (Studi Kasus Pengadilan Negeri Tanjung Balai Karimun). Other thesis, Universitas Islam Riau.

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Abstract

Carrying or keeping weapon is criminal act according to legislation in article paragraph (1) emergency no 12 of 1951. Carrying weapon could endager your self nor others so it is very worrying for the peace of society. It was noted that in 2017- 2020 district court of Tanjung Balai Karimun has decided cases related to weapons as many as 4 cases. Therefore author has a problem statement that is: how to apply the related law criminal act without the right to carry or keep weapon in the district court Tanjung Balai Karimun. What is the basis for the judge’s considerations in deciding the case related to carrying and keeping weapons based on law no.12 about weapon. Researched method used normatively that is based on reading material and study the law and regulations and the decision’s of judges who have regulations with carrying and keeping weapon which is the basis for writing research. The result of this study that the application of law related to crime carrying, keeping, controlling, possessing weapon has ended with the legislation, namely article 2 paragraph 1 of the emergency law no 12 of 1951. Based on judge opinion starting from the demands of prosecution, fulfilment of elements in accordance with article charged with no justification. So that the defendant is found guilty. As well as aggravating and mitigating things, as for the judge’s consideration who have decided this case are the defendant’s actions are disturbing the society.

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