PENJATUHAN PIDANA TERHADAP PELAKU TINDAK PIDANA KEPEMILIKAN SENJATA API ILEGAL (Studi Putusan Nomor 853/Pid.B/2017/PN. Pdg)

Abstract

ABSTRACT The possession of illegal firearms is regulated in Article 1 Paragraph (1) of the Emergency Law Number 12 of 1951. Defendant AM in the decision Number 853/Pid.B/2017/PN. Pdg is legally proven to have committed a crime of illegal possession of firearms. This study used a normative juridical approach, the data sources used were secondary data consisting of primary, secondary, and tertiary legal materials. The data collection technique used document studies and the data is analyzed qualitatively. From the results of the study it can be concluded that: (1) imposition of a criminal offense against the perpetrator of the crime of illegal possession of firearms and subject to Article 1 paragraph (1) of the Emergency Law Number 12 of 1951 with a prison sentence of 2 years. (2) Decisions that have been considered use two kinds of methods, namely juridical and non-juridical considerations where there are mitigating and aggravating circumstances.