Criminal Sanctions By Judges In Deciding Illegal Ownership Of Firegams (Study of Decision Number 2/Pid.Sus/2016/PN.LSM)

Authors

  • Alief Farhan Faculty of Law, Universitas Malikussaleh
  • Sumiadi Faculty of Law, Universitas Malikussaleh
  • Muhammad Nur Faculty of Law, Universitas Malikussaleh

DOI:

https://doi.org/10.29103/micolls.v2i.79

Keywords:

Legal Protection, Indirect Victims, PKH Corruption Cases

Abstract

The problem that will be studied in this research is how the criminal sanctions against the perpetrators of the crime of illegal possession of firearms in the decision no. 2/Pid.Sus/2016/PN.LSM and what are the basis for the judge's consideration in making a decision on the crime of illegal possession of firearms No. 2/Pid.Sus/2016/PN.LSM. The type of research used to answer the problems in this research is normative legal research using the legislation approach and the case approach. This research is descriptive. Data collection is done through literature study. The data analysis used is qualitative analysis. The results of the study indicate that (1) Criminal sanctions against perpetrators of criminal acts of illegal possession of firearms in Decision No. 2/Pid.Sus/2016/PN.LSM is 8 months in prison, but the sanctions given are very disproportionate to the guilt of the defendant who has been proven to intentionally help hide illegal firearms and the consequences of this crime can be life threatening. (2) The basis for the judge's consideration in making a decision on the crime of illegal possession of firearms No. 2/Pid.Sus/2016/PN.LSM is based on the consideration of the evidence and also based on the condition of the defendant, the judge in imposing sanctions only refers to the theory of punishment which is relative and upholds the human aspect too much so that it will reduce the deterrent effect of sentencing.

References

Bambang Waluyo, (2004). Crime and Punishment, Sinar Graphic, Depok.

Eryantouw Wahid, (2009). Restorative Justice and Conventional Justice in Criminal Law, Trisakti University, Jakarta.

Lamintang, (1996). Fundamentals of Indonesian Criminal Law, PT. Citra Aditya Bakti, Bandung.

Ruslan Renggong, (2006). Special Criminal Law: Understanding Offenses Outside the Criminal Code, Jakarta, Kencana. Sri Pudyatmoko, (2009). Licensing, Jakarta, Garsindo.

Sudarto, (1986). Law and Criminal Law, (Bandung: Alumni). Sudikno Mertokusumo, (2000), Knowing the Law of an Introduction, Yogyakarta, Liberty.

Satjipto Rahardjo, (1998). Anthology, Problems in the Criminal Justice System. Jakarta: Center for Serving Justice and Legal Services.

Andi Hamzah, (2006). Indonesian Criminal Procedure Code, Jakarta: Sinar Graphic.

Muladi and Barda Nawawi Arief, (2010). Theories and Criminal Policy, Bandung: Alumni.

Muladi and Barda Nawawi Arief, (1984). Theories and Criminal Policy, Alumni, Bandung.

E. Utrecht, (1958). Criminal Law I, University of Jakarta, Jakarta.

Refa Gianza Hearviano, (2019). Thesis, Application of Criminal Sanctions Against the Crime of Possession of Illegal Firearms (Study of Decision Number 853/Pid.B/2017/PN Pdg and Decision Number 129/Pid.Sus/2016/PN Kag), Padanag.

Lawyers Club, Theories of Punishment and Sentence Purposes, https://www.lawyersclubs.com/theories-theori-sentence-and-purpose-of-sentence/, Accessed on 26 September 2022.

Downloads

Published

2022-12-27

Issue

Vol. 2 (2022): Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS)

Section

Articles

License

Copyright (c) 2022 Alief Farhan, Sumiadi, Muhammad Nur

Creative Commons License

This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Authors retain the copyright and grant the proceeding the right of first publication. This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 that allows others to share the work with an acknowledgement of the Creative Commons Attribution-ShareAlike 4.0 that allows others to share work with an acknowledgement of the works authorship and initial publication in this proceeding.

All articles in this proceeding may be disseminated by listing valid sources, and the article's title should not be omitted. The content of the article is liable to the author.

Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the proceeding's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this proceeding.

Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) before and during the submission process, as it can lead to productive exchanges and earlier and greater citation of published work.

In the dissemination of articles, the author must declare the Proceedings of Malikussaleh International Conference on Law, Legal Studies and Social Science (MICoLLS) as the first party to publish the article.