PERTIMBANGAN HAKIM DALAM PENJATUHAN PIDANA BAGI PELAKU TINDAK PIDANA TANPA HAK MENGUASAI, MEMBAWA,SENJATA API, AMUNISI, ATAU BAHAN PELEDAK (STUDI PUTUSAN NOMOR 96/PID.SUS/2019/PN.SRL)

Abstract

The Criminal acts without the right to control, carry, firearms, ammunition or explosives are regulated in Article 1 Paragraph (1) of the Emergency Law Number 12 of 1951 concerning Firearms. As contained in decision number 96/Pid.Sus/2019/PN.Srl. Objective: 1) To analyze the judge's considerations in imposing a sentence for perpetrators of criminal acts without the right to control, carry, firearms, ammunition, or explosives 2) To analyze the application of punishment for perpetrators of criminal acts without the right to possess, carry, firearms, ammunition or explosives. The type of research used is normative juridical; data sources used secondary data (primary, secondary, and tertiary legal materials); data collection techniques with document studies; data analyzed qualitatively. Research results: 1) Judges' considerations in imposing criminal offenses against perpetrators of crimes without the right to control, carry, firearms, ammunition, or explosives in the form of juridical and non-juridical considerations; 2) In a crime without the right to control, carry, firearms, ammunition or explosives in case number 96/Pid.Sus/2019/PN.Srl against the perpetrator the Panel of Judges made a decision to release the defendant from all charges. Keywords: judge's deliberations, possession rights, firearms, bullets, explosives