PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA TANPA HAK MEMBAWA SENJATA TAJAM (Studi Perkara No.393/Pid.Sus/2018/PN.Pdg)

Abstract

ABSTRACT

The crime of carrying a sharp weapon without rights is regulated in Article 2 paragraph (1) of the Emergency Law of the Republic of Indonesia Number. 12 of 1951 concerning Changing the Law of the Republic of Indonesia Formerly No. 8 of 1948 can be sentenced to maximal prison for 10 years. In Case No. 393 / Pid.Sus / 2018 / PN.Pdg the defendant is proven guilty. Formulation of the problems are: (1) What is the criminal liability of the perpetrators of criminal acts without the right to carry a sharp weapon in the decision Number. 393 / Pid.Sus / 2018 / PN.Pdg? (2) How is the judge's consideration in imposing a crime on a criminal offense without the right to carry a sharp weapon in the decision of Number. 393 / Pid.Sus / 2018 / PN.Pdg? This type of research is normative law, the data used secondary data consists of primary data, secondary and tertiary use meterials . The technique of data collection is done by study document and analysis data was qualitatively. Conclusions of research result are. (1) Criminal liability for perpetrators of criminal offenses without the right of carrying a sharp weapon in decision Number 393 / Pid.Sus / 2018 / PN.Pdg, the defendant is proven to have violated Article 2 paragraph (1) of the Emergency Law of the Republic of Indonesia Number 12 of 1951, and has been the elements are fulfilled based on legal facts both through the statements of witnesses and defendants, as well as the evidence presented in the trial so that the defendant is sentenced to prison for one year. (2) Based on the considerations of the judge in the decision No. 393 / Pid.Sus / 2018 / PN.Pdg, prior to falling the judge's ruling first has considered various aspects of juridical and non-juridical.

Keywords: Liability, Criminal, Sharp Weapons