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 |
Law Enforcement, Perpetrator, Criminal Act, Firearms, Illegal
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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
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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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}
}
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 -
Faculty of Law, Bhayangkara University Jakarta, South Jakarta, Indonesia
Faculty of Law, Bhayangkara University Jakarta, South Jakarta, Indonesia
