Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia

David Christian; Rahman Amin

doi:doi:10.11648/j.ijls.20240703.14

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Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia

David Christian

, Rahman Amin^*

Published in International Journal of Law and Society (Volume 7, Issue 3)

Received: 18 August 2024 Accepted: 5 September 2024 Published: 23 September 2024

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Abstract

Indonesia is one of the countries that is very strict in regulating firearms, namely in Emergency Law Number 12 of 1951, where one of the provisions is that firearms are prohibited from being possessed without rights with a serious criminal threat. However, in reality, there are still cases of illegal firearm ownership by civilians that can threaten the safety of the wider community. This study aims to find out how law enforcement is carried out against people who own firearms without official permits, and to find out the obstacles in law enforcement against perpetrators of illegal firearms ownership. This research method is normative juridical, with a legislative approach and a case approach. The results of the research show that the provisions in Emergency Law Number 12 of 1951 state that every person who violates the provisions of the law is punished with a severe penalty, namely the death penalty, life imprisonment or twenty years, but in its implementation, the punishment imposed by the judge on the perpetrator is still very light. Second, related to legal obstacles in law enforcement, namely the lack of firmness of law enforcement, especially judges in imposing criminal penalties on perpetrators of the crime of possession of firearms, and the lack of public awareness of the law.

Published in	International Journal of Law and Society (Volume 7, Issue 3)
DOI	10.11648/j.ijls.20240703.14
Page(s)	118-125
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Law Enforcement, Perpetrator, Criminal Act, Firearms, Illegal

References

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[2]	Laurensius Arliman, Mewujudkan Penegakan Hukum Yang Baik di Negara Hukum Indonesia, Dialogia Juridicia, Volume 11 Nomor 1, November 2019. 1-20. https://doi.org/10.28932/di.v11i1.1831
[3]	Joyfel Prasetia, et al, Sanksi Hukum Kepemilikan Senjata Api Ilegal oleh Warga Sipil Yang Melakukan Tindak kejahatan, Jurnal Fakultas Hukum Universitas Sam Ratulangi, Volume 12, Nomor 1, November 2023. https://ejournal.unsrat.ac.id/v3/index.php/administratum/article/view/52668
[4]	Muhaimin, Metode Penelitian Hukum, Mataram Nusa Tenggara Barat: Mataram University Press, 2020.
[5]	Dellyana, Shani, Konsep Penegakan Hukum. Yogyakarta: Liberty, 1998.
[6]	Soerjono Soekanto, Faktor-faktor yang mempengaruhi Penegakan Hukum, Jakarta: Rajawali Pers, 2012.
[7]	Rasyid Ariman dan Fahmi Raghib, Hukum Pidana, Malang: Setara Press, 2016.
[8]	Teguh Prasetyo, Hukum Pidana Edisi Revisi, Jakarta: Rajawali Pers, 2016.
[9]	Adami Chazawi, Pelajaran Hukum Pidana Bagian I, Jakarta: Rajawali Pers, 2011.
[10]	Rahmanuddin Tomalili, Hukum Pidana, Yogyakarta: CV. Budi Utama, 2012.
[11]	Surat Keputusan Kepala Kepolisian Negara Republik Indonesia Nomor 82 Tahun 2004.
[12]	Rahman Amin, Pengantar Hukum Indonesia, Yogyakarta: Deepublish, 2019.
[13]	Wirjono Prodjodikoro, Asas-asas Hukum Pidana, Bandung: Refika Aditama, 2009.
[14]	Imam Rahmaddani, Analisis Yuridis Penyalahgunaan Kepemilikan Senjata Api Terhadap Pelaku asus Perampokan di Tengah Masyarakat, El-Dusturic; Jurnal Hukum dan Perundang-Undangan Universitas Syekh Yusuf Tangerang, Volume 2, Nomor 2, Desember 2023. 201-211. https://jurnal.iainponorogo.ac.id/index.php/eldusturie/article/view/7484
[15]	Ika Darmika, Budaya Hukum (Legal Culture) Dan Pengaruhnya Terhadap Penegakan Hukum di Indonesia, Jurnal Hukum Tora, Volume 2, Nomor 3, Desember, 2016. 429-436. http://ejournal.uki.ac.id/index.php/tora/article/view/1114

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APA Style

Christian, D., Amin, R. (2024). Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia. International Journal of Law and Society, 7(3), 118-125. https://doi.org/10.11648/j.ijls.20240703.14

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ACS Style

Christian, D.; Amin, R. Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia. Int. J. Law Soc. 2024, 7(3), 118-125. doi: 10.11648/j.ijls.20240703.14

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AMA Style

Christian D, Amin R. Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia. Int J Law Soc. 2024;7(3):118-125. doi: 10.11648/j.ijls.20240703.14

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@article{10.11648/j.ijls.20240703.14,
  author = {David Christian and Rahman Amin},
  title = {Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia
},
  journal = {International Journal of Law and Society},
  volume = {7},
  number = {3},
  pages = {118-125},
  doi = {10.11648/j.ijls.20240703.14},
  url = {https://doi.org/10.11648/j.ijls.20240703.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20240703.14},
  abstract = {Indonesia is one of the countries that is very strict in regulating firearms, namely in Emergency Law Number 12 of 1951, where one of the provisions is that firearms are prohibited from being possessed without rights with a serious criminal threat. However, in reality, there are still cases of illegal firearm ownership by civilians that can threaten the safety of the wider community. This study aims to find out how law enforcement is carried out against people who own firearms without official permits, and to find out the obstacles in law enforcement against perpetrators of illegal firearms ownership. This research method is normative juridical, with a legislative approach and a case approach. The results of the research show that the provisions in Emergency Law Number 12 of 1951 state that every person who violates the provisions of the law is punished with a severe penalty, namely the death penalty, life imprisonment or twenty years, but in its implementation, the punishment imposed by the judge on the perpetrator is still very light. Second, related to legal obstacles in law enforcement, namely the lack of firmness of law enforcement, especially judges in imposing criminal penalties on perpetrators of the crime of possession of firearms, and the lack of public awareness of the law.
},
 year = {2024}
}

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TY  - JOUR
T1  - Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia

AU  - David Christian
AU  - Rahman Amin
Y1  - 2024/09/23
PY  - 2024
N1  - https://doi.org/10.11648/j.ijls.20240703.14
DO  - 10.11648/j.ijls.20240703.14
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 118
EP  - 125
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20240703.14
AB  - Indonesia is one of the countries that is very strict in regulating firearms, namely in Emergency Law Number 12 of 1951, where one of the provisions is that firearms are prohibited from being possessed without rights with a serious criminal threat. However, in reality, there are still cases of illegal firearm ownership by civilians that can threaten the safety of the wider community. This study aims to find out how law enforcement is carried out against people who own firearms without official permits, and to find out the obstacles in law enforcement against perpetrators of illegal firearms ownership. This research method is normative juridical, with a legislative approach and a case approach. The results of the research show that the provisions in Emergency Law Number 12 of 1951 state that every person who violates the provisions of the law is punished with a severe penalty, namely the death penalty, life imprisonment or twenty years, but in its implementation, the punishment imposed by the judge on the perpetrator is still very light. Second, related to legal obstacles in law enforcement, namely the lack of firmness of law enforcement, especially judges in imposing criminal penalties on perpetrators of the crime of possession of firearms, and the lack of public awareness of the law.

VL  - 7
IS  - 3
ER  -

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Author Information

David Christian

Faculty of Law, Bhayangkara University Jakarta, South Jakarta, Indonesia

Contact Email

http://orcid.org/0009-0000-7976-0712
Rahman Amin

Faculty of Law, Bhayangkara University Jakarta, South Jakarta, Indonesia

Contact Email

http://orcid.org/0009-0009-6428-9935

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Plain Text BibTeX RIS

APA Style

Christian, D., Amin, R. (2024). Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia. International Journal of Law and Society, 7(3), 118-125. https://doi.org/10.11648/j.ijls.20240703.14

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ACS Style

Christian, D.; Amin, R. Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia. Int. J. Law Soc. 2024, 7(3), 118-125. doi: 10.11648/j.ijls.20240703.14

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AMA Style

Christian D, Amin R. Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia. Int J Law Soc. 2024;7(3):118-125. doi: 10.11648/j.ijls.20240703.14

Copy | Download

@article{10.11648/j.ijls.20240703.14,
  author = {David Christian and Rahman Amin},
  title = {Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia
},
  journal = {International Journal of Law and Society},
  volume = {7},
  number = {3},
  pages = {118-125},
  doi = {10.11648/j.ijls.20240703.14},
  url = {https://doi.org/10.11648/j.ijls.20240703.14},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20240703.14},
  abstract = {Indonesia is one of the countries that is very strict in regulating firearms, namely in Emergency Law Number 12 of 1951, where one of the provisions is that firearms are prohibited from being possessed without rights with a serious criminal threat. However, in reality, there are still cases of illegal firearm ownership by civilians that can threaten the safety of the wider community. This study aims to find out how law enforcement is carried out against people who own firearms without official permits, and to find out the obstacles in law enforcement against perpetrators of illegal firearms ownership. This research method is normative juridical, with a legislative approach and a case approach. The results of the research show that the provisions in Emergency Law Number 12 of 1951 state that every person who violates the provisions of the law is punished with a severe penalty, namely the death penalty, life imprisonment or twenty years, but in its implementation, the punishment imposed by the judge on the perpetrator is still very light. Second, related to legal obstacles in law enforcement, namely the lack of firmness of law enforcement, especially judges in imposing criminal penalties on perpetrators of the crime of possession of firearms, and the lack of public awareness of the law.
},
 year = {2024}
}

Copy | Download

TY  - JOUR
T1  - Law Enforcement Against Perpetrators of Illegal Firearms Possession According to Emergency Law Number 12 of 1951; A Study in Banko District Court, Indonesia

AU  - David Christian
AU  - Rahman Amin
Y1  - 2024/09/23
PY  - 2024
N1  - https://doi.org/10.11648/j.ijls.20240703.14
DO  - 10.11648/j.ijls.20240703.14
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 118
EP  - 125
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20240703.14
AB  - Indonesia is one of the countries that is very strict in regulating firearms, namely in Emergency Law Number 12 of 1951, where one of the provisions is that firearms are prohibited from being possessed without rights with a serious criminal threat. However, in reality, there are still cases of illegal firearm ownership by civilians that can threaten the safety of the wider community. This study aims to find out how law enforcement is carried out against people who own firearms without official permits, and to find out the obstacles in law enforcement against perpetrators of illegal firearms ownership. This research method is normative juridical, with a legislative approach and a case approach. The results of the research show that the provisions in Emergency Law Number 12 of 1951 state that every person who violates the provisions of the law is punished with a severe penalty, namely the death penalty, life imprisonment or twenty years, but in its implementation, the punishment imposed by the judge on the perpetrator is still very light. Second, related to legal obstacles in law enforcement, namely the lack of firmness of law enforcement, especially judges in imposing criminal penalties on perpetrators of the crime of possession of firearms, and the lack of public awareness of the law.

VL  - 7
IS  - 3
ER  -

Copy | Download