ANALISIS PERTIMBANGAN HAKIM DALAM MENJATUHKAN PUTUSAN BEBAS TERHADAP PELAKU TINDAK PIDANA KEPEMILIKAN SENJATA API ILEGAL (Studi Putusan Nomor 134/Pid.Sus/2016/PN Wates)

Abstract

ABSTRAK The crime of illegal possession of firearms is regulated in Article 1 Paragraph (1) of the Emergency Law Number 12 of 1951. The crime that occurred in Case Number 134/Pid.Sus/2016/PN Wates Defendant H was not legally and convincingly proven to have committed a crime. criminal act of possession of illegal firearms and the judge acquitted the defendant H. Formulation of the problem (1) How is the criminal implementation of the criminal act of possession of illegal firearms in case number 134/Pid.Sus/2016/PN Wates (2) How the considerations the judge in giving an acquittal to the perpetrators of the crime of illegal possession of firearms in case number 134/Pid.Sus/2016/PN Wates. The type of research used is normative law where the data source used is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials, data collection techniques used are document studies. The analysis used qualitative analysis. Conclusions: (1) the judge in giving a verdict against the defendant first considers the juridical aspects in the form of the prosecutor's indictment, witness statements, and the defendant's concerns as well as the prosecutor's demands and non-juridical considerations in the form of things that incriminate and relieve the defendant. (2) The defendant did not fulfill the elements of Article 1 Paragraph (1) of Law Number 12 of 1951, therefore the judge acquitted the defendant of the prosecution's demands